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Gyeonggi province Education Law
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_RainBoWs_



Joined: 20 Feb 2011

PostPosted: Thu Feb 07, 2013 6:11 am    Post subject: Gyeonggi province Education Law Reply with quote

Hi. After some help.

I work at a Private Foreign Language High School. I am in the process of renewing my contract.

I am in a dispute over housing allowance.

I recently moved out of the flat the school arranged for me, and have put the key money down on my own place.

They are claiming that according to the 'Gyeonggi Province Education Law' i am only entitled to 400,000 accommodation allowance (if i am living in a property that the school does not own/has not put the key money down). The school currently provides 450,000 for those teachers living in accommodation rented by the school.

My contract due to expire in a month quite clearly states i will receive 450,000 accommodation allowance in my own property or the schools (rented).

They have claimed that due to the Gyeonngi Province Education Law i will only get 400,000.

They seem to not care that my contract states i will receive 450,000, and have stated that the new contract based off this Gyeonggi province Law will read as 400,000.

Does anyone know anything about this Gyeonngi Province Education Law. Does it effect private Schools? Is the allowance set at 400,000?

Whats my options if the school refuses to pay me the extra 50,000 for the last two months of my current contract which i am entitled to according to my contract?

Thanks for the advice.

If the message is unclear i would be happy to provide more information.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Thu Feb 07, 2013 6:24 am    Post subject: Reply with quote

If it is a private school, I wonder why they are referencing laws. It's their decision.

Maybe because you have a case. I wonder why you want to renew with them.

Since you moved out, then they don't owe you the additional money. If you stayed the year then I could see making a case. You decided to move out or did they arrange it?

Anyway, it's only 100,000. You need something more substantial to fight over. Just get your severance, pension, final pay, airfare, and then find another school.

Quote:
Whats my options if the school refuses to pay me the extra 50,000 for the last two months of my current contract which i am entitled to according to my contract?


Whoah, back up. Where do you get entitlements? The contract might have 450,000 mentioned but on the condition you stay with school housing. If you chose to get a better, badder, more robust apartment, then YOU are footing the biill, not the school.

Now, if the school said, "You must move out by the 11th month", then it is they that would be owing you "entitlements".

So, which is it? Who started all of this 10 months into the contract? I am thinking it was you. Feel free to correct me though.


Last edited by YTMND on Thu Feb 07, 2013 7:38 am; edited 1 time in total
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_RainBoWs_



Joined: 20 Feb 2011

PostPosted: Thu Feb 07, 2013 6:42 am    Post subject: Reply with quote

I have been with the school for over 2 years.

On the contract it says (i dont have it with me right now, as i am on vacation) that the school will provide me with furnished accommodation up to 450,000. If i am in my own place the school will provide an allowance of 450,000. (So there is no condition on getting less if you leave the school housing...but it looks like they are inserting this clause into the new contract....with the explanation that this is the law from the Gyeonggi education law).

I spoke to the school before moving to see if there would be any problems moving and they said no, and that i would get the allowance.

I know its only '50,000' but this adds up if i re-new, and the school actually pays more than the usual hagwon or public school position, so i dont want to move schools unless i get an opportunity at an International School.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Thu Feb 07, 2013 7:03 am    Post subject: Reply with quote

Quote:
If i am in my own place the school will provide an allowance of 450,000. (So there is no condition on getting less if you leave the school housing...but it looks like they are inserting this clause into the new contract....with the explanation that this is the law from the Gyeonggi education law).


Back up. Think this through, STEP BY STEP.

Before any contract:

CHOOSE A) Housing from school / B) Housing allowance

The contract might state both, but that doesn't mean you can switch between the two when you feel like it. You are indicating more to me that YOU chose to make changes from the first time choosing.

The school gave a security deposit and signed a 1 year lease. Now you want to change apartments, do you think the school can get the money back? Who is going to rent the first apartment for only 2 months to finish the lease?

Think this over again, put another quarter in, and try again. Don't just think about yourself in this matter. Look at both sides and what they have put in.
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_RainBoWs_



Joined: 20 Feb 2011

PostPosted: Thu Feb 07, 2013 7:57 am    Post subject: Reply with quote

I was in accommodation provided by the school (rented by the school) for 2 years. I left this property at the end of the contract with the landlord.

The school received their key money back in full, as my contract with the property was up. The school did not have to pay any additional money as i did not leave the property after 10 months.

The school agreed that i could move to new accommodation. I put the key money down. So the school has had to pay NO extra money.

I came over to Korea on an initial 15 month contract.
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_RainBoWs_



Joined: 20 Feb 2011

PostPosted: Thu Feb 07, 2013 7:59 am    Post subject: Reply with quote

To make it clear.

Arrived in Korea. December 2010.

Left school accommodation. December 2012. (Exactly 2 years)

Contract expires. March 2013.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Thu Feb 07, 2013 8:06 am    Post subject: Reply with quote

_RainBoWs_ wrote:
To make it clear.

Arrived in Korea. December 2010.

Left school accommodation. December 2012. (Exactly 2 years)

Contract expires. March 2013.


Whether or not you worked 2 years, came in April, August, or a leap year doesn't matter at all.

You are bringing up extra things that have no bearing on this.

I asked earlier if you chose to get housing or if they kicked you out. You are now confirming they did not kick you out because you say you completed the contract term. So, this indicates to me that YOU chose.

YOU CHOSE
YOU CHOSE
YOU CHOSE

Live with the consequences. Capice?
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nora



Joined: 14 Apr 2012

PostPosted: Thu Feb 07, 2013 8:17 am    Post subject: Reply with quote

It sounds like your NEW contract is the issue. I don't know anything about any new laws, and I don't see how or why there would be a "law" stating how much money a school can spend for accommodation of a teacher. It sounds more like it's a "policy" rather than "law."

But, the main issue is the NEW contract. IF there is a new law/policy that says that the housing allowance is only 400k, then that's what the new contract is going to say and you don't have anything to complain about.

Also, does your contract have any rules about moving out in the middle of the contract? I worked for GEPIK (which I'm assuming is who you're working through/with/contract is based on) for a few years and the contracts I had said that I could choose at the beginning of the contract, but if I wanted to change during the contract, I would incur any costs incidental to moving. So if your school has a lease on that place until March, when your contract ends, and you move out, it could be causing a problem for the school vis a vi ending the lease. If that's the case, I wouldn't say anything about the 100k for the last two months, lest they come back and ask you to pay other fees for moving out early.

But really, without an exact reading of the contract, no one can really give you much advice. As I said, MY GEPIK contracts all said that I would get 400k for a housing allowance, not 450, but I haven't been in GEPIK for some time.

Come back when you have the exact wording available if you want clearer, more accurate advice.
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_RainBoWs_



Joined: 20 Feb 2011

PostPosted: Thu Feb 07, 2013 8:22 am    Post subject: Reply with quote

Ok. you are no help at all.

Yes i chose to move out and was perfectly within my right to do so. The school agreed with this, and they received all the key money back in full.

In my contract it says, i can take the allowance or stay in a place found by the school. When i asked the school, can i move out, they said yes.

I am asking about if anyone knows about the Gyeonggi Education Law.

I am not asking your opinion on my decision to move to a new place.
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_RainBoWs_



Joined: 20 Feb 2011

PostPosted: Thu Feb 07, 2013 8:30 am    Post subject: Reply with quote

Hi Nora.

Thanks for the input.

Yes it makes no sense to me that their would be a law about how much a private school could pay for housing allowance. I am more inclined to believe they are trying to save money, and are using this as an excuse.

Yes in my contract it does say that teachers cannot change between school accommodation and the housing allowance. This is to stop a teacher leaving the accommodation before the contract term is up, and leaving the school to pay the remaining rent. But before me atleast 4 other teachers have moved places, and i confirmed with the school if i could move out, before making any arrangements. As my/the schools contract was up in the accommodation i was in, they were not losing any money.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Thu Feb 07, 2013 9:51 am    Post subject: Reply with quote

You can't enforce the new contract after March 2013. So, they could just hire another teacher.

I don't see why you want to gamble here. If you have a decent job, 2 years and wanting a third, seems like you should just accept 400,000 and ask for overtime.

Sounds more secure in my mind. However, if you really want to fight it, plan on another school.

Quote:
When i asked the school, can i move out, they said yes.


You can order a meal and ask the waiter for another meal. That doesn't mean they only charge you for one meal. You chose/ordered one living arrangement/meal, now you are choosing another. Hope this sinks in eventually. I probably won't comment further on this. Either fight it in court or move on. There is no confusion with your situation. Pretty straightforward.
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_RainBoWs_



Joined: 20 Feb 2011

PostPosted: Thu Feb 07, 2013 10:13 am    Post subject: Reply with quote

Sure enough its not that much in the whole scheme of things, but it aint right.

The contract clearly states what i am entitled to, and they are saying this is irrelevant (not because i moved/changed my mind or any of that), but because they argue the Gyeonggi Education Law states that the maximum housing allowance is 400,000.

Furthermore when i look around the office and know that the other 8 foreign teachers are getting more housing allowance than me, its rather frustrating, especially since some of them moved accommodation mid contract and i am actually doing the school a favour since they are saving on key money.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Thu Feb 07, 2013 11:21 am    Post subject: Reply with quote

Google searching "gyeonggi do housing allowance 400,000" gives "About 37,200 results"

Google searching "gyeonggi do housing allowance 450,000" gives "About 4,030 results"

Does your contract read something like this, "Housing: housing will be provided if needed (KRW10 million deposit and KRW 450,000 per month) or a stipend of KRW 400,000 per month will be available to teachers with their own housing" - http://www.learn4good.com/jobs/education/e/167890/search/seoul/
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_RainBoWs_



Joined: 20 Feb 2011

PostPosted: Thu Feb 07, 2013 11:24 am    Post subject: Reply with quote

Sure does. That's the School i work for. (On my contract due to expire it used to say a stipend of 450,000 will be available to teachers with their own housing).
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Thu Feb 07, 2013 11:47 am    Post subject: Reply with quote

Quote:
it used to say a stipend of 450,000


It used to say? So now you signed a new contract that says 400,000? What is the problem then?
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