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Gollum
Joined: 04 Sep 2003 Location: Japan
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Posted: Thu Feb 24, 2005 8:31 pm Post subject: Letter of release: How did it become a requirement |
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How did the LOR become a requirement to deter teachers from quitting?
Did so many people quit because Korean hagwon bosses were being typical jerks, that they had to impliment this?
Anyone remember a time when it was different? |
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Homer Guest
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Posted: Fri Feb 25, 2005 3:10 am Post subject: |
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The LOR is a requirement to cancel your visa...it is not a deterent to quit.
It was required when I first got here back in 1997, don't know how far back it goes. |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Fri Feb 25, 2005 5:33 am Post subject: |
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It was a requirement in '94. |
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panthermodern

Joined: 08 Feb 2003 Location: Taxronto
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Posted: Fri Feb 25, 2005 12:23 pm Post subject: |
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With regards to E-2 visas:
The LOR is a statement that your sponsor no longer sponsors you ... thus you are free to seek a new sponsor, not a new job ...
"Contract Law", and I use that term very losely, is biases towards the sponsor of the visa; i.e. your employer ... |
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the eye

Joined: 29 Jan 2004
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Posted: Fri Feb 25, 2005 6:17 pm Post subject: |
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the LOR actually infringes on our rights under contract law as far as i understand.
it has only become an acceptable practice through it's continued use.
were enough people willing to fork out the cash to litigate against it's use, it would no longer be permitted by the courts.
anyone wanting to leave a hogwan could challenge the requirement in court. if you have the time and money, that is. |
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marlow
Joined: 06 Feb 2005
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Posted: Fri Feb 25, 2005 10:45 pm Post subject: |
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the eye wrote: |
were enough people willing to fork out the cash to litigate against it's use, it would no longer be permitted by the courts.
anyone wanting to leave a hogwan could challenge the requirement in court. if you have the time and money, that is. |
EFL Law was going to take it to court a couple of years ago. They couldn't raise enough money, though.
There was a time when I cared, but now I have an F2 and a great job, so I'm not worried about release letters.
I don't understand how a school can get away with not releasing a teacher. Isn't the point of sponsorship to accept responsibility for the teacher as long as they are in Korea? You would think a school would want to sever all responsibility for a person that is unhappy enough to want to quit. |
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Derrek
Joined: 15 Jan 2003
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Posted: Sat Feb 26, 2005 7:24 pm Post subject: |
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Any idea how much money we're talking about for a challenge like this?
I'm thinking we should hold a couple of big teacher parties at bars and raise money with games, etc., then give it to EFL law to use as a challenge some day when the proper case comes up. |
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panthermodern

Joined: 08 Feb 2003 Location: Taxronto
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Posted: Sun Feb 27, 2005 9:47 am Post subject: |
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Quote: |
Any idea how much money we're talking about for a challenge like this? |
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I'm thinking we should hold a couple of big teacher parties at bars and raise money with games, etc., then give it to EFL law to use as a challenge some day when the proper case comes up. |
Great Idea ... I have been anti-union BUT pro lobby organisation for YEARS ...
Who to go to that is the question ...
and ... if you question my motives ..PM me and I will PM you back ... |
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iiicalypso

Joined: 13 Aug 2003 Location: is everything
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Posted: Tue Mar 01, 2005 1:12 am Post subject: |
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I was wondering the same thing. The LOR and its likely illegality is something that effects everyone, whether they realize it or not. It is a restraint on trade, and the more serious you are about staying in Korea the more important this issue is. The LOR is bad for honest teachers and honest owners, since all it does is discourage people from operating in an honorable way. Why give notice if your owner is going to refuse you the letter of release? You get the screw either way.
In fairness, though, I am a recent victim. I gave more than 30 days notice, and the owner claimed he couldn't give it to me because he didn't have a replacement. Now, a week after I had to give up the job I intended to take, the grapevine tells me I am goign to get fired next week. Maybe I can be the test case. |
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susmin
Joined: 04 May 2003
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Posted: Tue Mar 01, 2005 6:41 am Post subject: release letter |
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Just want to point out, a foreigner in the U.S. who is sponsored by a company cannot just quit and find another employer either. If they leave or lose their job, they usually have to leave the country. It is not just about finding a job. As teachers we are in this country working because our schools have sponsored our visas. If we quit our job, we leave our sponsoring company. So, we have to find another sopnsor. The release letter says that our former sponsor is no longer sponsoring us. I do not see how our rights are violated. I realize some schools are difficult, but the foreigners in our country have to go thtough red tape if they want to change emplpyment as well. |
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the eye

Joined: 29 Jan 2004
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Posted: Tue Mar 01, 2005 7:06 am Post subject: Re: release letter |
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susmin wrote: |
Just want to point out, a foreigner in the U.S. who is sponsored by a company cannot just quit and find another employer either. If they leave or lose their job, they usually have to leave the country. It is not just about finding a job. As teachers we are in this country working because our schools have sponsored our visas. If we quit our job, we leave our sponsoring company. So, we have to find another sopnsor. The release letter says that our former sponsor is no longer sponsoring us. I do not see how our rights are violated. I realize some schools are difficult, but the foreigners in our country have to go thtough red tape if they want to change emplpyment as well. |
the difference with your US example, is that for the most part, only highly qualified professionals can get US work visas.
american companies, having to qualify the necessity for headhunting outside it's borders, as well as shelling out big bucks in salary for the foreigners they recruit, are not going to treat them like we are treated here.
in the US, the sponsor often pays all the visa, travel, and moving expenses of the foreigner with no conditions. it costs the foreigner nothing to quit. at least such was the case with my cousin, who relocated from canada to san diego.
american contracts are adhered to, and enforceable.
on the other hand, here, a half brained business owner can offer a raw deal, and the foreigner is stuck with the bill. |
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susmin
Joined: 04 May 2003
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Posted: Tue Mar 01, 2005 7:29 am Post subject: work visas |
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While, that is true, the fact remains that these schools are sponsoring us to be in this country. I know many schools are not good places to live and employers may not make it easy for teachers to quit. I think though this is not a problem with the law, but with the schools. I do not think teachers should be able to float from school to another with no regard for the visa process. While there are teachers in bad conditions who need to switch jobs, there are also a number of teachers that I have seen who think being asked to grade a test is too much work. I think there are flaky teachers who make this law necessary. Maybe the solution is that whether a school gives a release letter should not be optional. In otehr words, if a teacher has given ample notice, the employer should be required to give a release letter.
Also, not every company that hires employers in the states is on the up and up. There are foreigners who end up in the states in jobs that are much worse than what they thought they would be and they are trapped because if they quit they will be deported. |
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the eye

Joined: 29 Jan 2004
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Posted: Tue Mar 01, 2005 7:54 am Post subject: Re: work visas |
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susmin wrote: |
Maybe the solution is that whether a school gives a release letter should not be optional. In otehr words, if a teacher has given ample notice, the employer should be required to give a release letter. |
herein lies the problem with the legal side of things. |
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