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What sort of legal protection can I expect in Korea/Taiwan?

 
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zandmoloney



Joined: 12 Jul 2005
Posts: 16

PostPosted: Fri Jul 29, 2005 6:40 am    Post subject: What sort of legal protection can I expect in Korea/Taiwan? Reply with quote

After reading some things, obviously I am a little concerned about legal protection if things go wrong. I see that Taiwan do have labour laws regarding guest workers, is Korea the wild west in this regard (ie; workers are fair game)? Can I try any legal recourse if things start to go pear-shaped?
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tedkarma



Joined: 17 May 2004
Posts: 1598
Location: The World is my Oyster

PostPosted: Fri Jul 29, 2005 8:35 am    Post subject: Reply with quote

Uh . . . just my opinion, but this is probably not the best way to start in a new occupation.

While I guess it is reasonable to wonder what recourse one has if things go bad - one of the things many of us overseas don't miss is the "I'm going to sue you" attitude.

I've not had all that much trouble while working overseas (since 1989 - in five countries [including Korea twice]) - but when I don't like what's going down, I tend to vote with my feet.

All that said, generally you can expect some assistance from organizations like EFL Law - but frankly what I have heard of some people taking the legal path are things like lawyers (they are snakes everywhere) wanting retainer fees equal to about a year's wages - and long long waits (3-4-5++ years) in the courts.

Just what I have heard - and only my opinion.

Probably you'll get better replies - but what really threw me was that you are already looking for legal remedies. Go with a positive attitude and you are more likely to find what you are looking for.
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zandmoloney



Joined: 12 Jul 2005
Posts: 16

PostPosted: Fri Jul 29, 2005 9:25 am    Post subject: Reply with quote

It's not so much that I am being negative, it's just I wonder whether, if a school decides to screw me will anyone care? I would probably walk in that case, I just wonder if the schools are legally bound by the contracts. I'm from New Zealand, we don't sue anyone! Smile
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go_ABs



Joined: 08 Aug 2004
Posts: 507

PostPosted: Fri Jul 29, 2005 12:12 pm    Post subject: Reply with quote

Yeah, we're nice buggers reallly.
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EnglishBrian



Joined: 19 May 2005
Posts: 189

PostPosted: Fri Jul 29, 2005 12:41 pm    Post subject: Reply with quote

The guy I worked for here had a contract for people to sign if they wanted, but he usually didn't bother cos he said it wasn't worth the paper it was written on. No party was ever going to be able to sue the other.

To the OP. I can understand your interest in this but I wouldn't let it worry you. Check out the school you're going to as much as possible before hand (what do the current teachers think about it for example?), and if you get 'screwed' just chalk it up to experience. The TEFL industry is fairly wild. Just leave a lot of your expectations about how employment should be, at home, and have fun. I'm constantly having to tell myself, "You're not in Kansas anymore Dorothy' - except I'm not from Kansas and my name isn't Dorothy.
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Justin Trullinger



Joined: 28 Jan 2005
Posts: 3110
Location: Seoul, South Korea and Myanmar for a bit

PostPosted: Fri Jul 29, 2005 9:25 pm    Post subject: Reply with quote

THere are many things you can do, in terms of good reseacrh and preparation to reduce the odds of getting screwed. But when/if you do, there not much you do, except get out.

Regards,
Justin
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Ben Round de Bloc



Joined: 16 Jan 2003
Posts: 1946

PostPosted: Fri Jul 29, 2005 11:15 pm    Post subject: Reply with quote

EnglishBrian wrote:
The TEFL industry is fairly wild. Just leave a lot of your expectations about how employment should be, at home, and have fun. I'm constantly having to tell myself, "You're not in Kansas anymore Dorothy' - except I'm not from Kansas and my name isn't Dorothy.

Wise words indeed, Dorothy . . . err . . . I mean EnglishBrian. I didn't even have a contract for the first job I had here in Mexico, but I was legal with a work visa and all. At my second/current job, I have a contract, or contracts -- a new one every semester, and I'm on either semester 18 or 19 now -- but I sign the contracts near the end of the semesters that they pertain to. To those of us from Iowa, which isn't that far from Kansas, it seems sort of bass-ackwards, but as you say, this isn't Kansas or anywhere near it.
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tedkarma



Joined: 17 May 2004
Posts: 1598
Location: The World is my Oyster

PostPosted: Sun Jul 31, 2005 7:17 pm    Post subject: Reply with quote

zandmoloney wrote:
It's not so much that I am being negative, it's just I wonder whether, if a school decides to screw me will anyone care?


The reality is: probably not.

But that's not a bad thing. Life in the EFL World requires a great deal of independence and looking after one's self. It is a world where you tend to make or create what happens to yourself. Frankly - a much more powerful place than letting others create or control for you. It's all part of what makes this world a little more interesting and exciting than what we left behind.
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Scott in Incheon



Joined: 31 Aug 2004
Posts: 58

PostPosted: Mon Aug 01, 2005 12:03 am    Post subject: Reply with quote

Korea has a fairly strong and effective labour board. If you have a real complaint and your boss has broken labour laws...more than likely....they will be force to make things right.

If you go to the Korean discussion board, you will find a number of examples of people who were helped out by the Korean labour board
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Girl Scout



Joined: 13 Jan 2005
Posts: 525
Location: Inbetween worlds

PostPosted: Mon Aug 01, 2005 1:46 am    Post subject: Reply with quote

In Taiwan, the Council of Labour Affairs, deals with most problems and complaints involving FT. They have and english speaking staff. This is a link for basic information.

http://www.evta.gov.tw/english/workers.files/engtitle.htm

Hope this helps.
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waygukgaijinhaole



Joined: 02 Nov 2004
Posts: 43
Location: Seoul, between Kyobo Tower & the Ritz

PostPosted: Thu Aug 25, 2005 4:48 pm    Post subject: Reply with quote

You can go and get a lawyer. There are several that specialize in "English teacher problems". I've know 2 people who have gotten lawyers because the school wasn't paying them properly or had given them housing that was totally unacceptable. They had a meeting with the lawyer, the teacher and the director. The bosses immediately relented and gave the teacher what they were supposed to give them.

I'm not advocating this, but I would probably try it before doing a runner...that is if the situation really warranted it.
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teacha



Joined: 25 Aug 2005
Posts: 186

PostPosted: Sat Aug 27, 2005 7:36 pm    Post subject: Reply with quote

zandmoloney wrote:
It's not so much that I am being negative, it's just I wonder whether, if a school decides to screw me will anyone care? I would probably walk in that case, I just wonder if the schools are legally bound by the contracts. I'm from New Zealand, we don't sue anyone! Smile


TAIWAN AND KOREAN EMPLOYERS ONLY LIE AND TAKE ADVANTAGE OF WHITES, THERE IS NO OTHER WAY. In Taiwan you cannot get a lisence for a school unless you are Mafia connected. The laws are built to create a system of bribes as well. So do you have any recourse when you DISCOVER they screwed you? nO.
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Girl Scout



Joined: 13 Jan 2005
Posts: 525
Location: Inbetween worlds

PostPosted: Sun Aug 28, 2005 12:14 am    Post subject: Reply with quote

CWG recently laid out a lot of information about a persons legal rights in Taiwan. If you missed the post here's a link:

http://www.eslcafe.com/forums/job/viewtopic.php?t=28702
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