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beentheredonethat777
Joined: 27 Jul 2013
Location: AsiaHaven
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 Posted: Wed Dec 10, 2014 6:55 pm Post subject: Thanks |
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I made a decision
Last edited by beentheredonethat777 on Fri Dec 12, 2014 1:45 am; edited 2 times in total |
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Chaparrastique
Joined: 01 Jan 2014
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| Posted: Wed Dec 10, 2014 11:31 pm Post subject: Re: IF I QUIT MY JOB, CAN I STILL GET A D-10? (Looking ahead |
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| I think you can only get a D10 if you have a letter of release. |
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tob55
Joined: 29 Apr 2007
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| Posted: Thu Dec 11, 2014 12:42 am Post subject: |
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| You CAN get a D10 without a letter of release, but it is a royal pain. Had a friend who went through the process, but it was long and very convoluted. Good luck. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Thu Dec 11, 2014 1:41 am Post subject: |
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If the school goes out of business or he fires you for an unjust reason then you could get a D10.
If he's not paying into taxes, pension, health insurance, then you could complain about that to the LB. It's a weak case because they don't handle those problems. You could also wait until the next time you're paid late (has to be at least 2 weeks late for the LB to take an interest) and then wait for him to fire you. Since it would be clear to the LB that you were fired because you filed a complaint and that the school is broke, you'd probably get to transfer your visa.
Otherwise, without a letter of release, you can't transfer.
However you proceed, YOU are the one responsible for making sure that taxes, pension, and health are paid up. The employer is supposed to pay his share but if he doesn't, they you are left holding the bag. If you are later employed elsewhere (e.g. at a university) then your new employer will quickly be alerted that you have back taxes due. If you leave it too long then it will likely be taken directly out of your bank account.
As far as immigration goes, they don't care if you leave this job. If you can't transfer your visa then you'll most likely need new documents for the next visa.
The university won't care either (nor will any other employer). Most know that small businesses (like hogwons) go out of business all the time. No one would hold it against you for jumping ship. |
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beentheredonethat777
Joined: 27 Jul 2013
Location: AsiaHaven
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| Posted: Thu Dec 11, 2014 2:22 am Post subject: |
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| Troglodyte wrote: |
If the school goes out of business or he fires you for an unjust reason then you could get a D10.
If he's not paying into taxes, pension, health insurance, then you could complain about that to the LB. It's a weak case because they don't handle those problems. You could also wait until the next time you're paid late (has to be at least 2 weeks late for the LB to take an interest) and then wait for him to fire you. Since it would be clear to the LB that you were fired because you filed a complaint and that the school is broke, you'd probably get to transfer your visa.
Otherwise, without a letter of release, you can't transfer.
However you proceed, YOU are the one responsible for making sure that taxes, pension, and health are paid up. The employer is supposed to pay his share but if he doesn't, they you are left holding the bag. If you are later employed elsewhere (e.g. at a university) then your new employer will quickly be alerted that you have back taxes due. If you leave it too long then it will likely be taken directly out of your bank account.
As far as immigration goes, they don't care if you leave this job. If you can't transfer your visa then you'll most likely need new documents for the next visa.
The university won't care either (nor will any other employer). Most know that small businesses (like hogwons) go out of business all the time. No one would hold it against you for jumping ship. |
[quote]
Last edited by beentheredonethat777 on Fri Dec 12, 2014 1:46 am; edited 2 times in total |
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Chaparrastique
Joined: 01 Jan 2014
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| Posted: Thu Dec 11, 2014 4:54 am Post subject: |
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| Troglodyte wrote: |
| If the school fires you for an unjust reason then you could get a D10. |
That has to be determined by a Labor board tribunal first surely?
You can't just go to immigration and say "they fired me unjustly" and they go "aww, ok. Here's a D10" |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Thu Dec 11, 2014 3:34 pm Post subject: |
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| Chaparrastique wrote: |
| Troglodyte wrote: |
| If the school fires you for an unjust reason then you could get a D10. |
That has to be determined by a Labor board tribunal first surely?
You can't just go to immigration and say "they fired me unjustly" and they go "aww, ok. Here's a D10" |
You go to the LB. You present your case to an officer there. That guy will decide whether he thinks you've been unfairly fired. If so, the LB will give you their equivalent of a letter of release. The immigration office doesn't care about your case, only whether or not you have a LOR from your employer or the approval of the LB. |
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beentheredonethat777
Joined: 27 Jul 2013
Location: AsiaHaven
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| Posted: Thu Dec 11, 2014 6:16 pm Post subject: |
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| Troglodyte wrote: |
| Chaparrastique wrote: |
| Troglodyte wrote: |
| If the school fires you for an unjust reason then you could get a D10. |
That has to be determined by a Labor board tribunal first surely?
You can't just go to immigration and say "they fired me unjustly" and they go "aww, ok. Here's a D10" |
You go to the LB. You present your case to an officer there. That guy will decide whether he thinks you've been unfairly fired. If so, the LB will give you their equivalent of a letter of release. The immigration office doesn't care about your case, only whether or not you have a LOR from your employer or the approval of the LB. |
^^.Thanks. This makes more sense. Troglodyte.
I also graduated from one of the top 200 universities (Top 40) . I know this is a requirement for a D-10 also.
I'm going to try to stick this out. I'll post what happens as events unfold. |
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matthews_world
Joined: 15 Feb 2003
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| Posted: Thu Dec 11, 2014 6:36 pm Post subject: |
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Yes, you need a letter of release.
Yes, you need new documents.
Yes, your current boss can make things difficult for you to not release you from your visa. In this case, you could only find work until your visa period has expired.
You've worked with this guy for several years and he has been your bread and butter and now you want to go out like this??
Why not get a smaller place? He needs to pay you and his staff.
Does your job entail kindergarten? The new academic year starts in March. It might behoove you to wait for a new teacher is found and the transition can be done smoothly without making the parents more irate.
If you quit under unamicable circumstances, it will be hard for you to get a letter of recommendation for any future employment.
Without a letter of release, the next job you say you have isn't set in stone and can be rejected by new employer anytime. |
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Chaparrastique
Joined: 01 Jan 2014
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| Posted: Thu Dec 11, 2014 8:38 pm Post subject: |
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| matthews_world wrote: |
Yes, you need a letter of release.
Yes, you need new documents. |
No: If you get a letter of release, then you don't need new documents. |
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beentheredonethat777
Joined: 27 Jul 2013
Location: AsiaHaven
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| Posted: Thu Dec 11, 2014 9:00 pm Post subject: |
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| matthews_world wrote: |
Yes, you need a letter of release.
Yes, you need new documents.
Yes, your current boss can make things difficult for you to not release you from your visa. In this case, you could only find work until your visa period has expired.
You've worked with this guy for several years and he has been your bread and butter and now you want to go out like this??
Why not get a smaller place? He needs to pay you and his staff.
Does your job entail kindergarten? The new academic year starts in March. It might behoove you to wait for a new teacher is found and the transition can be done smoothly without making the parents more irate.
If you quit under unamicable circumstances, it will be hard for you to get a letter of recommendation for any future employment.
Without a letter of release, the next job you say you have isn't set in stone and can be rejected by new employer anytime. |
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