Boss is trying to push me into working a 13-month contract

[Wavefunction]

So, when I started my contract with my hagwon (my contract states Nov 1st 2011 to Nov 1st 2012), my boss was slow filing my paperwork for my Visa. I thought my Visa stuff was good and then he asked me for my passport/CRC/degree etc. at the end of my first month because he had to "register with the local board of education."

Anyway, I asked him about my plane tickets today as there is less than one month left on my contract and he tried to convince me that I started working there in December. I told him I was 100% sure that wasn't the case, showed him bank notes, emails and my contract. He just pointed to my Visa and said that Visas are only given for 12 months, so he will give me my plane tickets for December 1st and I have to work until then. He's being really stubborn about it too.

Since I might have been working illegally for a month, is there anything I can do about this? Does the fact that he filed the paperwork late void the contract? I worked 12 months, I'm starting university in December and November was supposed to be the month I spent time in Canada with my family. I don't want to lose out on my bonus and airfare... it will mess everything up.

Is there anything I can do? Also, please don't quote this... I'm going to delete it once I get the amount of help I need.

Thanks in advance.

[justanotherwaygook]

Labor Board.

Show them your contract and whatever other evidence.

You were not working illegally.

Your visa isn't really that important (what it says on the sticker, that is).  ARCs nowadays have a grace period of an extra month at the end.  Your ARC should be valid through the end of November/beginning of December.

If you worked 12 months, he owes you the plane ticket etc.  The Labor Board will side with you.

[skippy]

When did you get you visa?   More simple did you get you E-2 visa back in your home country?  Or did you get it on a Visa trip?  Or did you do a transfer from a previous job.

First the boss asking for your papers to register with the board of education is completely different from the immigration department.  Your boss might of need to them to do it, or something got lost in translation.

Actually some more info is needed.

1) What kind of Visa?  E-2?
2) What are the dates on your ARC card.  Dates on passport and contract can be meaningless a bit.

It is good to have your dates line up if possible.   The question is how long did you maybe work illegally?

As to visa's  Actually many of them now a days are given for 13 months.  12 months for contract and an extra month for leeway.  Maybe your boss thinks he can have that extra month.  If you got it?

Sorry man, I am not much help.   I a bit confused on the dates.

PS.  Please do not delete this post.  Just show some common-sense and keep your privacy in mind.

[Wavefunction]

When did you get you visa?   More simple did you get you E-2 visa back in your home country?  Or did you get it on a Visa trip?  Or did you do a transfer from a previous job.

First the boss asking for your papers to register with the board of education is completely different from the immigration department.  Your boss might of need to them to do it, or something got lost in translation.

Actually some more info is needed.

1) What kind of Visa?  E-2?
2) What are the dates on your ARC card.  Dates on passport and contract can be meaningless a bit.

It is good to have your dates line up if possible.   The question is how long did you maybe work illegally?

As to visa's  Actually many of them now a days are given for 13 months.  12 months for contract and an extra month for leeway.  Maybe your boss thinks he can have that extra month.  If you got it?

Sorry man, I am not much help.   I a bit confused on the dates.

PS.  Please do not delete this post.  Just show some common-sense and keep your privacy in mind.

I'm on an E-2 Visa and had it extended for this job. My extension started on October 24th of 2011, I started working here on November 1st and it says it ends on November 20th 2012 (I think they give you three weeks extra).

My boss kind of makes things up as he goes along then tells me like it's the word of God or something. It all seems really obvious to me but he keeps trying to weasel out of it... we had this problem in the past too but we smoothed it out. I just want to get out of this hagwon without a scratch. I've been here for 5 years and I'm really tired of hagwons... I'd kill for a nice public school, after-school or university job!

[lotte world]

It's the date on your contract that counts.  The visa is irrelevant, except that your contract period must be within the visa validity period.  If your contract is for one year and it finishes on November 1st, then that is your last working day.  It is common now for visas to be valid for up to one month after the contract end date, and in the past you could request an extension of up to one month after your contract ended.

And how can you be illegal?  Did you arrive as a tourist before November 1st and do a visa run to change from tourist to E2, or have you essentially been E2 for the last 5 years in Korea?  AFAICS the only way you would be illegal is if you stayed in Korea *after* the expiry date on your ARC at any point during your stay here.  Which leads to the point that if your ARC expiry date is November 20th you *must leave Korea* on or before that date.  This means that you *can not* work in December.

You could also call immigration on 1345 free from any phone and ask them anything you like about your visa.  They should also have a copy of your contract showing the 1st Nov finish date and confirm that you must leave on or before the 20th.

[Wavefunction]

You could also call immigration on 1345 free from any phone and ask them anything you like about your visa.  They should also have a copy of your contract showing the 1st Nov finish date and confirm that you must leave on or before the 20th.

Oh, I'm glad for this. I actually don't have a copy of the contract. It's the stupidest thing ever--I kept it in my desk at work and it must have got mixed in with a bunch of other junk and thrown out. If Immigration has a copy though, it's not a problem; I can just call and ask.

Thanks!

[lotte world]

You could also call immigration on 1345 free from any phone and ask them anything you like about your visa.  They should also have a copy of your contract showing the 1st Nov finish date and confirm that you must leave on or before the 20th.

Oh, I'm glad for this. I actually don't have a copy of the contract. It's the stupidest thing ever--I kept it in my desk at work and it must have got mixed in with a bunch of other junk and thrown out. If Immigration has a copy though, it's not a problem; I can just call and ask.

Thanks!

That is indeed the stupidest thing ever.  Your contract is probably the single most important document you have here.  In your original message you said you showed your contract to your employer though.

Probably your best bet is to emphasise that you *must leave Korea* on or before 20th November (the expiry date on your ARC).  This is absolutely unequivocal.  Oh, and don't show up for work on the 2nd of November.  That might indicate to your boss that your contract is over.

[Dog Soldier]

You could also call immigration on 1345 free from any phone and ask them anything you like about your visa.  They should also have a copy of your contract showing the 1st Nov finish date and confirm that you must leave on or before the 20th.

Oh, I'm glad for this. I actually don't have a copy of the contract. It's the stupidest thing ever--I kept it in my desk at work and it must have got mixed in with a bunch of other junk and thrown out. If Immigration has a copy though, it's not a problem; I can just call and ask.

Thanks!

That is indeed the stupidest thing ever.  Your contract is probably the single most important document you have here.  In your original message you said you showed your contract to your employer though.

Probably your best bet is to emphasise that you *must leave Korea* on or before 20th November (the expiry date on your ARC).  This is absolutely unequivocal.  Oh, and don't show up for work on the 2nd of November.  That might indicate to your boss that your contract is over.

I had to get contracts printed for the last 3 years due to some issue with my director and I just went to Immi. Didn't pay anything, done within about 10 minutes of being seen

[Troglodyte]

If you did a visa transfer after you last job, then your visa did not start on 1 November or 1 December 2011. It started way back when you first came here. The visa start date is irrelevant. You're work started on 1 November.

Go to tell the LB about what your boss is doing. They can't do anything right now because he hasn't cheated you yet. It will let you go on record in advance in case he tries to fire you for something later. It's also good because you can get the facts straight from the LB.