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Opt out clause ...

 
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dbee



Joined: 29 Dec 2004
Location: korea

PostPosted: Fri Jan 20, 2006 9:25 pm    Post subject: Opt out clause ... Reply with quote

I'm starting in a new job next week but there is a possibility that I'll have to quit after only two months. I've told this to my future boss already and he said that he's fine with it. I live in my own apartment anyway so the job is really convienient for both of us.

So anyway, I have to go to Japan and get my visa in the next week. I asked my boss to give me a letter of release dated March, before I go. Just so there isn't any misunderstanding if it turns out that I can't work there any more.

My boss is a nice guy and has always paid me on time, so I told him that it's not a trust issue - it's just that when I sign a contract, I'm not just signing it with him, but also with immigration. And that my future employment prospects and residence in Korea are based upon that contract.

Should there be some misunderstanding in the future, I want a letter of release beforehand which would guarantee me the ability to cancel my visa. So I explained all this to him, but unfortunately he is refusing to give me a letter of release. We talked about it for almost an hour and eventually he said that he'd give me a letter which would state that he would give me a letter of release if I gave him one months notice before I quit.

Yesterday however he failed to give me even that. I'm supposed to be in Japan today getting my visa. But now I'm not so sure. It's a nice job and like I said, very convienient, so I don't want to fall out with him or anything. It's just that if something goes wrong. I'm left in a deep hole.

What do you think ?
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Fri Jan 20, 2006 10:39 pm    Post subject: Reply with quote

I can understand his hesitation to give you a pre-dated LoR.

I'd go and get the visa. If you do have to leave in two months (and you give sufficient notice) what reason would he have to deny you the LoR then?... you have been upfront with him and would not be leaving on bad terms.
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Grotto



Joined: 21 Mar 2004

PostPosted: Sat Jan 21, 2006 12:07 am    Post subject: Reply with quote

If the letter of release is predated I dont see what a problem your boss is having.....an open ended letter I could understand.
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Richard Krainium



Joined: 12 Jan 2006

PostPosted: Sat Jan 21, 2006 4:14 am    Post subject: Reply with quote

OK- the obvious question has to be asked. Why do you need to leave in two months? You have another job lined up, right? Well, just work w/o a visa and then go, no problemo! You can't have your cake and eat it too!!!
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denverdeath



Joined: 21 May 2005
Location: Boo-sahn

PostPosted: Sat Jan 21, 2006 4:18 am    Post subject: Reply with quote

Yeah, unless that next job is in Korea, and they get caught teaching illegally on day one, and have their ass deported.
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Richard Krainium



Joined: 12 Jan 2006

PostPosted: Sat Jan 21, 2006 4:42 am    Post subject: Reply with quote

Fair enough. But why would any boss pay for a visa run if they're pretty sure their employee will only stay two months? Like I said, you can't have your cake...
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sat Jan 21, 2006 10:22 am    Post subject: Reply with quote

Richard Krainium wrote:
Why do you need to leave in two months? You have another job lined up, right?


What you say may be true. However, it's also an assumption.
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Richard Krainium



Joined: 12 Jan 2006

PostPosted: Sat Jan 21, 2006 2:48 pm    Post subject: Reply with quote

A correct assumption if he needs a LOR Wink
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