Korean Job Discussion Forums

[sammyd]

Here we go...

I signed a 1 year contract with my hagwon, and have been working for eight months.

I work part-time there, however we signed a typical contract (with full pay, housing etc) just because it was easy and my boss is super lazy.
The conditions of our deal were purely verbal. They would pay me X (really low) Won an hour, and i work approximately 12 hours a week.

Anyway, I would like to terminate the contract, come back on a tourist visa, look around the country for a while, and then try and get a full-time contract as i probably should have in the beginning.

I now only work 8 hours a week and it's not enough. I know i can leave on good terms and I'm sure they won't miss me, but here are my questions -

Can i give my notice and come back to Korea on the automatic tourist visa without a letter of release? If so, can I apply for another E2 visa 2 or so months after i get back?

I know the LOR is important, but do i really need it? If so, do i have to stoop to the level of showing him the contract we actually signed in order to get it? (As he probably won't be bothered going to immigration and it is a waste of his time).

I'd really like to leave on good terms as I've been with them in total for almost 2 years, but the time has come and i can't wait any longer.

I'm sure some of you will say I should just stick out the next four months.
I know the moral decision. On the other hand, they have been really terrible for the last few months and I do have a contract that isn't being followed....

thanks

[sammyd]

I know this is a strange one... but does anyone have anything???!!!

[the eye]

i think we have already answered this....
http://www.eslcafe.com/forums/korea/viewtopic.php?p=385681&highlight=#385681

bottom line is, you agreed to working part time despite your contract.
if you want to leave, you will need a release.

or, you can reapply for another E2 once the current one runs out the rest of the year.

[Grotto]

spot on eye!

If you plan on working legally you will need the LOR..if you plan on working illegaly then no. You can come back on a tourist visa without any problems though(or should be able to)

[canukteacher]

You actually don't need a letter of release. This is what you have to do....

Both you and your employer must go to immigration together, and cancel your visa. You have to go togehter. Your employer needs to take some paperwork (I am not sure what..........have him/her call Immigration and find out.) Immigration will give you an exit order (on the spot), and you have 15 days to leave the country. (They will need your passport and you will have to surrender you ARC). Once you get your exit order a new employer can also apply for your E-2 Visa.

I did this last year (August 2004), and was working again almost immediately on another E-2 Visa.

Good luck!

CT

[sadsac]

canukteacher is correct. A letter of release is not required. I have yet to show an LOR to any employer or immigration. You leave, your previous employer cancels his sponsordhip and you hand in your ARC, come back on a tourist visa and get a new job. You can also go to immi with your current employer, who will fill out a form and you will hand in your ARC and get a get out of jail free card which you must use within 14 days and off you go again on the ESL merry go round.

[the eye]

this "form" is, in effect, the release letter.
your employer is under no obligation to cancel your sponorship if you quit.

[canukteacher]

You are right. Your employer does not have to cancel your sponsorship. However, if the employer refuses to go to immigration with you, remind them that as long as your Visa is active they are responsible for you. You are a liability. If you rob a bank, or get ill they will be held accountable (or whatever). Most employers don't want you as a liability.

CT

[canukteacher]

You are right. Your employer does not have to cancel your sponsorship. However, if the employer refuses to go to immigration with you, remind them that as long as your Visa is active they are responsible for you. You are a liability. If you rob a bank, or get ill they will be held accountable (or whatever). Most employers don't want you as a liability.

CT

[the eye]

what site did you get this information from?

your employer is not liable if you do anything illegal.
if you run and leave heaps of unpaid bills behind, or commit minor criminal acts, he can make a claim with immi and have you banned from obtaining another E2 for up to 5 years.

[canukteacher]

I was told this by the guy over at EFL-Law.

How happy do you think immigration would be if you did something illegal, and the school (who is your sponsor) says...............OH, he/she doesn't work here anymore? They might just wonder why the visa was never canceled, and give the employer a difficult time (as they should).

CT

[the eye]

interesting.
Mr.EFL-Law Robertson told me that if you run, the school will report you to immi, who in turn will prevent you from obtaining a new visa until the old one runs out.
of course immi would not be happy if a school fails to report, but it doesn't make them liable for your unlawful behavior.

[sadsac]

They are not responsible for your unlawful behavior, but they are responsible for any compensatory expenses that may result in that behavior. They are your sponsor, in effect they have guardianship over you whilst you are in Korea. You rip someone off for 50,000,000 won and do a bolt and your boss is liable for it. He then has to recover it from you. Trash an apartment, have a car crash, rob a bank, any of these wonderful things. He or she is responsible to some extent for your actions. Also, should you leave, your director must notify immigration within 72 hours of you doing a bunk or he or she is liable for some big fines. Upon advising immigration, they cancel all sponsorship with that academy. We have the power, we need to remember that.

[the eye]

[TheUrbanMyth]