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printme
Joined: 23 Aug 2006
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 Posted: Tue Sep 12, 2006 7:02 am Post subject: I've HAD it and want another job - questions about new visa. |
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I have been with the same hagwon for 1 1/2 years and am sick of my boss. He makes a habit of not paying me for months at a time despite daily (polite) pleas. Etcetera, etcetera. I've had enough.
the point is, i want to leave my job and get another. My questions are:
*Must he sign a release form?
*Can I get another job if he doesn't, or won't give me a release form? ( i have a multiple entry visa) Can I sue him if he won't give me one, for breach of contract on his side? (not paying me).
* How long do I have to leave the country for if he won't sign? i.e, do I have to wait until the end of my visa contract, which is March 07? Or can I just leave the country and come back in and get a new job straightaway?>
thanks.... |
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Privateer
Joined: 31 Aug 2005
Location: Easy Street.
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| Posted: Tue Sep 12, 2006 8:16 am Post subject: |
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OP, all this should be in the FAQ but last I checked it goes like this:
* If he does not sign a release form you will not be able to work legally in Korea anywhere else until the term of your original contract has expired.
* I know of no circumstances under which he is legally obliged to provide a letter of release for you but most bosses are reasonable about it.
If you walk out and into another job and explain your situation to your new boss, they might pressure your old boss into signing a letter of release for you.
In general if your boss is ever late paying you, you should refuse to come into work until all money owed is paid in full. When they remonstrate with you just keep repeating over and over that you are more than willing to come into work and do your job just as soon as they pay you. Withholding your labour is your greatest leverage; the rest is just talk. |
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the eye
Joined: 29 Jan 2004
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| Posted: Tue Sep 12, 2006 9:30 am Post subject: |
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| Privateer wrote: |
If you walk out and into another job and explain your situation to your new boss, they might pressure your old boss into signing a letter of release for you.
In general if your boss is ever late paying you, you should refuse to come into work until all money owed is paid in full. When they remonstrate with you just keep repeating over and over that you are more than willing to come into work and do your job just as soon as they pay you. Withholding your labour is your greatest leverage; the rest is just talk. |
This crap again?
I don't know what FAQ enabled you to give this kind of advice, but it is possibly the worst advice you could give in this situation.
NEVER refuse to come to work, hand out protest pamphlets, or threaten anything.
Why? Because your employer will use it to his advantage. He can, and will probably be successful in claiming you damaged his business. Any case you have with the labor board will be dismissed.
Further into the naive spectrum, is the notion that a prospective employer will be able to pressure your old employer to sign the release.
Bribe, maybe, and that's a big maybe....and a big bribe.
To the OP:
If you were habitually paid late, why did you stay for a second year?
If you were habitually paid late, why didn't you make a claim at the labor board?
If you've been here for over a year, why do you know so little about the law?
To answer your questions...
1. Yes. He must sign a release. In most districts, he must accompany you down to immigration and have your E2visa cancelled in person.
2. You may be able to get around it, but there are no guarantees. I'll explain that later.
3. Yes, you must wait until your current visa expires, if he refuses to release you.
Your options:
PLAN A:
Get your contract, passport, and ARC and get your ass down to the Labor board office in your area. Make aclaim that he is paying late. Keep in mind, pay must be 14days late for them to consider it an issue.
www.molab.go.kr
The labor board site is down ras of right now, but there is a link at the top for english.
PLAN B:
Resign from your job according to the stipulations in your contract, and ask for a release. If he doesn't release you, make a claim at the labor board.
PLAN C:
Again, there is no guarantee in this. You can leave the country, hand in your ARC and tell the immigratiojn officer to cancel your VISA on departure.
Wait an indiscriminate amount of time and come back on a tourist visa. Secure a new job.
Start the visa process again.
The only way this will work, is if your old employer hires a new teacher in your absence. He will need your visa alotment to do so. So, once he is forced to cancel your visa to hire a new teacher, you can aplly for a new one.
If he doesn't hire a new teacher, he will be in no hurry to cancel your visa.
If he is successful in making a claim that you damaged his business in any way, you will not be able to apply for a new visa.
Last edited by the eye on Tue Sep 12, 2006 4:35 pm; edited 1 time in total |
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that guy
Joined: 29 Feb 2004
Location: long gone
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| Posted: Tue Sep 12, 2006 4:31 pm Post subject: |
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| Quote: |
Your options:
PLAN A:
Get your contract, passport, and ARC and get your ass down to the Labor board office in your area. Make aclaim that he is paying late. Keep in mind, pay must be 14days late for them to consider it an issue.
www.molab.go.kr
The labor board site is down ras of right now, but there is a link at the top for english. |
Totally agree with the eye's post.
Just wanted to add that if you file with the labour board you should also verify that your boss is paying your taxes (everyone should be collecting taxes docs. yearly I might add). Go to the local tax office with your ARC and payslips and/or bank book and ask for a tax statement. If they find that no taxes were paid and that your boss has been deducting taxes you can easily move on as they will go after him. |
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just because
Joined: 01 Aug 2003
Location: Changwon - 4964
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| Posted: Tue Sep 12, 2006 5:46 pm Post subject: Re: I've HAD it and want another job - questions about new v |
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| printme wrote: |
| I have been with the same hagwon for 1 1/2 years and am sick of my boss. He makes a habit of not paying me for months at a time despite daily (polite) pleas. Etcetera, etcetera. I've had enough. |
Just a quick question before i shoot back......you said your boss doesn't pay you for months at a time so I pressume this has been going on for a long time and he is a long way behind, why would you sign for a 2nd contract????
| Quote: |
| *Must he sign a release form? |
Yes, if you want to work somewhere else
| Quote: |
| *Can I get another job if he doesn't, or won't give me a release form? ( i have a multiple entry visa) Can I sue him if he won't give me one, for breach of contract on his side? (not paying me). |
No, you cannot get a another job.....Go to the labor office to begin non-payment processes, it will go to abitration eventually but do not quit, as hard as that might be as you might not see anything then and plus won't see that release letter....
| Quote: |
| * How long do I have to leave the country for if he won't sign? i.e, do I have to wait until the end of my visa contract, which is March 07? Or can I just leave the country and come back in and get a new job straightaway? |
If he doesn't want to sign then he can make your life very difficult. he is not obligated to sign anythin,. You won't be able to get a new job until mar 2007 or if he is vindictive he can put a blackspot next to your name at immigration and it could be 3 years....you cannot just leave and come back to get a new job without a release |
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printme
Joined: 23 Aug 2006
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| Posted: Tue Sep 12, 2006 6:23 pm Post subject: |
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For those of you wondering - I re-signed in February 06 because there had been no problems up until then. It is recently that he has not been paying me, the last few months.
Thanks a lot for your helpful replies, the eye that sounds like the best solution - i really appreciate this |
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printme
Joined: 23 Aug 2006
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| Posted: Tue Sep 12, 2006 6:40 pm Post subject: |
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| the eye wrote: |
To the OP:
If you were habitually paid late, why did you stay for a second year?
If you were habitually paid late, why didn't you make a claim at the labor board?
If you've been here for over a year, why do you know so little about the law?
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thanks for your good advice, and in answer to your questions:
1) I wasn't habitually paid late until the second year, after I had re-signed in Feb 06.
2) I didn't make a claim because if I did, I thought he'd do what happens to everyone else and he'd fire me, and then I would not have got the millions of won he owed me at all.
3) I don't think I'm completely ignorant about the law. In my OP, I just wanted to confirm with someone, because I've never had to deal with this type of problem until now. However, based on what every other teacher experiences and what I've heard about, I hardly think the law is on my side when it comes to dealing with Korean bosses.
To the eye: When you say this:
| Quote: |
PLAN B:
Resign from your job according to the stipulations in your contract, and ask for a release. If he doesn't release you, make a claim at the labor board.
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do you mean i make a claim about the late pay at the labour board? What would happen then? is he forced to release me or something? or does he just get fined? In which case he'd fire me, and I am left stranded, having pissed him off, lost wages and minus a release letter.
thanks again. |
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the eye
Joined: 29 Jan 2004
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| Posted: Tue Sep 12, 2006 7:11 pm Post subject: |
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Yes, first you need to make a claim regarding the late pay.
They will call him and mediate for you. They can't force him to release you and can't force him to pay you. He will not get fined or punished in any way. What you are doing, is starting to make a case should this situation get any worse. If it gets worse (going to arbitration), you will most likely win.
It's important to be as diplomatic as possible with the labor board, because frankly, they are not OBLIGATED to help E2visa holders. But they will try their best to help you if you present them with facts.
What I meant by PLAN B: was in regard to you wishing to change jobs. You can submit your resignation according to the specifications in your contract and, in it, ask for a release. If he refuses the release, remind him that you have fulfilled your contractual obligations.
If he STILL refuses the release, you can again have the labor board mediate for one.
One thing NOT to do, is threaten to resign. It would be better to sit down with the boss and have a discussion about the viability of having you around. OFFER to resign in order to make life better for the two of you financially. Reverse psychology, et al.
At any rate, if down the road he fires you, your visa will be cancelled and you can get a new job. Then you can make a claim for lost wages. |
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printme
Joined: 23 Aug 2006
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| Posted: Tue Sep 12, 2006 8:27 pm Post subject: |
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| Ok.... you're pretty knowledgeable. How do you know all this? Thanks |
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Kimchieluver
Joined: 02 Mar 2005
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| Posted: Tue Sep 12, 2006 11:49 pm Post subject: |
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I agree with everything the eye has said. Most likely iif he is not paying you on time he could use a break. He might jump at the chance to not have to pay your salary one or two months to get caught up.
Just be diplomatic about it. |
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the eye
Joined: 29 Jan 2004
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| Posted: Wed Sep 13, 2006 4:15 am Post subject: |
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| Kimchieluver wrote: |
| Most likely iif he is not paying you on time he could use a break. |
It's definitely a sign the business is sinking. If he can't pay now, how will he be able to cover severance and airfare in 6 months.
I'd be tempted to take PLAN B as soon as you get your back pay....or even if the Labor board can't wring it out of him. |
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Grotto
Joined: 21 Mar 2004
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| Posted: Wed Sep 13, 2006 6:06 am Post subject: |
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The EYE has it!
You could also file for breach of contract with the labour board and demand a letter of release from your boss.
The key here is filing with the labour board....from the time you file your boss has 14 days in which to make full restitution to you...if he doesnt you can present him with a letter of release and if he refuses to sign you head straight back to the labour board and they will start proceedings. At that point the labour board "MAY" sign a waiver of theletter of release for you and then you are free and clear to find a new job. |
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