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Letter of Release

 
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rhur001



Joined: 08 May 2006

PostPosted: Thu Feb 01, 2007 6:22 am    Post subject: Letter of Release Reply with quote

Can anyone tell me about these? I told my employer I was leaving two months ago and stayed on longer. I have paid my airfare. I want to go to a better job. Does he have to give me on by law? What if he doesn't? Is it better to tell him I have a new job?

Do I have to go to immigration with him? I have heard of cases where you give it to the next employer and you do not have to go to immigration.

What is the best way to ask him?

Can anyone give me any advice on this?

Any help will be appreciated.

Thank you.
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lastat06513



Joined: 18 Mar 2003
Location: Sensus amo Caesar , etiamnunc victus amo uni plebian

PostPosted: Thu Feb 01, 2007 11:08 am    Post subject: Reply with quote

LoR is given from your current employer to the immigration office upon termination of employment, though a copy could be given (and it wouldn't hurt) to your prospective employer.

Here is where it gets tricky;

~ A LoR is not a "gimme", an employer does not have to make a letter of release.

He can just refuse to give you one and fire you, which can (not in all cases) appear in your immigration file. Or he can file an employment complaint in your work record (which can effectively blacklist some teachers)

But, there is a way around it, depending on how connected your next school is, how much they need you and how strict/ lenient the respective immigration office is.

In some (and I do mean SOME) cases, a simple exit out of the country can void a visa. And upon coming back into the country, you can apply for another job.

I am not sure about it, you need to talk about this with your next employer before doing anything.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Fri Feb 02, 2007 4:51 am    Post subject: Re: Letter of Release Reply with quote

He is under ZERO legal obligation to give you a LOR.
He is under ZERO legal obligation to go to Immigration with you to cancel the visa.
He is well within his legal rights to refuse simply on the basis of spite.

How do you get him to agree to it anyway? Pucker up, and slurp that butt. Or get pictures of him with his mistress at the local love hotel and negotiate.
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I-am-me



Joined: 21 Feb 2006
Location: Hermit Kingdom

PostPosted: Fri Feb 02, 2007 4:59 am    Post subject: Reply with quote

How many months were left on your contract? Last time I was at immigration they told me that the employer has to go with you if you complete your contract and are changing to another school. They were trying to crack down on illegals and bad hagwons. If you didnt finish the contract...Frankenstein might be right....nothing you can do. If you leave the country and come back....you will still be on the computer as working at a school. Go to immigration and they might help you out...even give a call to your employer.
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dmbfan



Joined: 09 Mar 2006

PostPosted: Sat Feb 03, 2007 12:42 am    Post subject: Reply with quote

O.P.,

I have a question for you. What kind of re-entry permit do you have on your E-2? If you have single entry only, you may be in better shape. When you leave, you just hand in your ARC and your visa is cancelled (so I've been told, and so I've heard).

No, the employer does not have to go with you to immigration. However, your employer IS required to cancel your visa at some point. It is illegal for a school to hire another teacher, without cancelling the visa of the previous (so I've been told, and so I've heard).

Yes, depening on what kind of relationship you had with your boss, he/she can (and often do) refuse to give you a letter of release, only to spite you.

Yes, it is possible to simply leave the country (hand in your ARC card when you leave, though), come back, and get another job WITHOUT a letter of realease (so I've been told, so I've heard, and which I've done). The letter of release is something to keep teachers from easily switching jobs. It is not the law (so I've been told, so I've heard).

If your boss refuses to give you a letter of release, do not give up hope. You may, and probably will be turned down for jobs if you do not have that L.O.R. However, immigration in Korea is not highly tuned in to what the other may be doing (so I've been told, so I've heard). You have a decent chance of returning, looking for a job in another province, and successfully landing one. Many teachers have done it, without a L.O.R., but don't simply count on it.

I would not worry too much about the "blacklist". That is mainly a scare tactic (so I've been told, so I've heard). However, you can have a flag in your file with immigration. But, the majority of those cases are for teachers who got in trouble for teaching privates and got caught......or ended up in trouble with the law (so I've been told, so I've heard).

You can also give your boss a L.O.R, all ready to sign, and see what he/she does. I can't give you the direct link, but I know it is there and I'm sure someone on this board knows as well.

Or................if things get hairy with a new employer because of your old boss.............well, you can always say
Quote:
"My mother was sick, and I HAD to leave. My boss tried to keep me at the school, without concern for my situation. I wantedt o stay, but my mother is more important. However, she is doing better, and is in the clear. I want to work in Korea again, but I'm afraid my previous employer was so upset at the fact I left againt his/her wishes, that he/she may be trying to make it difficult for me to find employement."


I'm not saying you should do this, but it can work (so I've been told, so I've heard)

Good luck. There is ALWAYS a way. It may take some time, but THERE IS ALWAYS A WAY..................

Cheers.

dmbfan
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Yu_Bum_suk



Joined: 25 Dec 2004

PostPosted: Sat Feb 03, 2007 1:56 am    Post subject: Reply with quote

There are two approaches you can take: suck up or be nasty. In my case a list of all the parents' phone numbers and a bilingual Korean friend made the latter work when the former didn't. In any event, always make it look like you know what the score is and how to get what you want.
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dmbfan



Joined: 09 Mar 2006

PostPosted: Sat Feb 03, 2007 2:03 am    Post subject: Reply with quote

Quote:
There are two approaches you can take: suck up or be nasty. In my case a list of all the parents' phone numbers and a bilingual Korean friend made the latter work when the former didn't. In any event, always make it look like you know what the score is and how to get what you want




........that is also, and many times, an option.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Sat Feb 03, 2007 4:01 am    Post subject: Reply with quote

dmbfan wrote:
Yes, it is possible to simply leave the country (hand in your ARC card when you leave, though), come back, and get another job WITHOUT a letter of realease (so I've been told, so I've heard, and which I've done). The letter of release is something to keep teachers from easily switching jobs.

It depends ENTIRELY ont he Immigration office/officer you deal with. Some will allow you a visa without the LOR, some will not give one to you even WITH a LOR and tell you that the ex-boss must come in in-person to cancel the visa. The Busan was notorious for the latter policy. I don't know if they still enforce it or if they've softened their stance.

Quote:
It is not the law (so I've been told, so I've heard).

Nope. Not a law. Just a rule Immigration has made up along the way. I'm waiting for the day SOMEONE challenges its legality in court. I know, I know, I'm allowed to dream.
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