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kuftae
Joined: 20 Nov 2012
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 Posted: Sat May 04, 2013 8:58 pm Post subject: How can I get out of my job and into a student visa? |
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I came here to teach and study Korean in my free time. I have been able to accomplish both of these but the work environment of a financially burdened hakwon is weighing down on me. I know that I can find something that is better for me. So, after only two months I have decided that I don't want to teach in Korea anymore-- ever. Hope I don't sound too bitter.
I am planning on taking a summer intensive Korean course at Sogang or Yonsei. This process seems quite intricate to me. Hopefully you can help provide me some clarity. My questions are;
(1)How can I change my visa status? Can I apply from within Korea with a letter of admission?
(2) Do I have to worry about abiding by the 2 months notice for quitting as cited in my contract?
(3) Should I be concerned at all with a LOR or other formalities if I'm never going to teach in Korea again and am only coming back as a student?
(4) Basically, what is keeping me, aside from common decency, from leaving the school tomorrow? What would the repercussions be for breaking contract?(i'd like to know in case they want to play hardball when I tell them I am quitting)
Right now I am making an exit strategy and would really appreciate your help. Thank you for your time. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sat May 04, 2013 9:23 pm Post subject: Re: How can I get out of my job and into a student visa? |
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| kuftae wrote: |
I came here to teach and study Korean in my free time. I have been able to accomplish both of these but the work environment of a financially burdened hakwon is weighing down on me. I know that I can find something that is better for me. So, after only two months I have decided that I don't want to teach in Korea anymore-- ever. Hope I don't sound too bitter.
I am planning on taking a summer intensive Korean course at Sogang or Yonsei. This process seems quite intricate to me. Hopefully you can help provide me some clarity. My questions are;
(1)How can I change my visa status? Can I apply from within Korea with a letter of admission?
(2) Do I have to worry about abiding by the 2 months notice for quitting as cited in my contract?
(3) Should I be concerned at all with a LOR or other formalities if I'm never going to teach in Korea again and am only coming back as a student?
(4) Basically, what is keeping me, aside from common decency, from leaving the school tomorrow? What would the repercussions be for breaking contract?(i'd like to know in case they want to play hardball when I tell them I am quitting)
Right now I am making an exit strategy and would really appreciate your help. Thank you for your time. |
1) Do you have an ARC or multi-entry visa?
2) No.
3) No.
4) Nothing and none. Don't tell them or you will kiss your last 30-60 days of pay goodbye. If you owe them airfare then 2 weeks of unpaid work is ample (I assume there is a wait between the end of your pay period and payday?)
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kuftae
Joined: 20 Nov 2012
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| Posted: Sat May 04, 2013 9:51 pm Post subject: Re: How can I get out of my job and into a student visa? |
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| ttompatz wrote: |
1) Do you have an ARC or multi-entry visa?
2) No.
3) No.
4) Nothing and none. Don't tell them or you will kiss your last 30-60 days of pay goodbye. If you owe them airfare then 2 weeks of unpaid work is ample (I assume there is a wait between the end of your pay period and payday?)
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I have an ARC.
As for question 4. Would you mind explaining further as far as when I should tell them that I leaving? Should I tell them at all or just run? The program that I would most like to join starts in a month. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sat May 04, 2013 11:05 pm Post subject: |
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If they have enough of your unpaid salary (10-15 days worth) to cover your bills... just leave.
If they don't then at least work long enough to cover what you owe (air and utilities).
Leave a note if you want so they at least know you are gone.
Hand in your ARC at passport control on the way out as you leave for Japan.
If they ask, you are NOT returning (at least not on the same visa to work) to clear your E2 visa.
Return as a tourist and do your thing. (change your status to D2/D4 if needed depending on your circumstances).
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kuftae
Joined: 20 Nov 2012
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| Posted: Sat May 04, 2013 11:19 pm Post subject: |
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| ttompatz wrote: |
If they have enough of your unpaid salary (10-15 days worth) to cover your bills... just leave.
If they don't then at least work long enough to cover what you owe (air and utilities).
Leave a note if you want so they at least know you are gone.
Hand in your ARC at passport control on the way out as you leave for Japan.
If they ask, you are NOT returning (at least not on the same visa to work) to clear your E2 visa.
Return as a tourist and do your thing. (change your status to D2/D4 if needed depending on your circumstances).
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WHAT!!! I have been stressing so much. This is awesome.
Thank you so much for your help. One last thing if you have time, please direct me to a resource where I can look up this information for myself. I would be much more comfortable making these big moves if I could see it written down for myself.
Again, I can't stress how grateful I am. Thanks so much for your help so far! |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun May 05, 2013 4:24 am Post subject: |
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labor standards acts for quitting.
http://www.moel.go.kr/english/topic/laborlaw.jsp?tab=Standards
As an EMPLOYEE you are free to quit when you want (notice is NOT required) without consequences (other than paying back legal debts) and you cannot be forced to work against your will by any threat of any kind (including coercion by threat of legal action). You cannot contract to break the law or reduce your protection under the law (in spite of what you may get told by some of the hagwon touts who frequent this forum).
immigration website for your visa questions.
http://www.immigration.go.kr/HP/IMM80/index.do
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Wildbore
Joined: 17 Jun 2009
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| Posted: Mon May 06, 2013 9:00 am Post subject: |
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ttompatz interpretation of the Labor Standards Act is amusing. The section he is referring to has nothing to do with quitting, it's about treatment of workers. They can't use force to keep you working, but they certainly can sue you.
The reason why there is no section about resignation in the Labor Standards Act is because it already exists in the Civil Code.
Even an "at will" worker needs to give 30 days according to the Civil Code, a contract worker must abide by the terms of the contract.
Welcome to life, when you make agreements follow them. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon May 06, 2013 3:06 pm Post subject: |
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It is also of note that there is NO documented case in Korea of an employee being sued for quitting without notice and losing.
Labor law protects you from essentially being an indentured servant.
You also under various acts of labor law, as an employee, cannot be held responsible for business losses due to non performance of duty. They can fire you but won't win a suit over losing business because you didn't work.
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