Korean Job Discussion Forums

[katinkorea]

Ok... let me try to make this as short as possible. I'm here in Korea on a six month contract. Due to personal matters, I have to leave one month earlier than originally planned. My contract states that it is permissible for a teacher to resign early if she (a) gives 4-6 weeks notice, and (b) supplies a written letter of resignation. Nothing is mentioned about a financial penalty (I am already paying my flight back because my contract was for half a year.) I gave my employer TWO MONTHS notice and a letter of resignation. She took her sweet time looking for a new employee and now we're down to five weeks and still no new teacher. She asked me to stay an extra 10 days in case she can't find a new teacher... I agreed (purely out of guilt), but today she dropped the bombshell: I will be paid 50% of what I should be paid. (ie: $400 instead of $800) I, of course, said if that is the case, I cannot stay the extra time. She mentioned most schools have a financial penalty for teachers who leave early and seems to think paying me half is perfectly reasonable. I WON'T stay if she doesn't pay me in full, but is there any chance she could get away with paying me less (or not paying me at all) on my final payday here (if I DON'T stay those extra ten days)?

Very worried....
katinkorea

[EFLtrainer]

Tell her you're staying, get your last check, get on the plane. Done.

She cannot do waht she is claiming as it is not in your contract. You would win with the Labor Board, but you wont be here to fight it. So, play the game the way they've set it up.

And, no, I don't generally recommend this. It is a pragmatic, not ethical, suggestion.

[Gamecock]

You gave proper notice and you're already paying back your flight. Then you're in the right. She owes you for every day that you work. You owe her nothing more.

[ChuckECheese]

[kalkamagi]

[katinkorea]

I'm here on a legal work visa. As much as I'd like to take the money and run, I couldn't live with myself. I'm the only English teacher, so it would kill their business.... and I just don't have the heart to be that evil.

That being said, if they DO screw me over, can I do anything about it??

[Fresh Prince]

There are a good and bad people in this industry. There are also people that are just bad at business. So far it sounds like your boss isn't necessarily bad but is trying to get you to stay longer. Your boss probably is under the impression that you can stay until they find a replacement. If your boss is a trustworty person that has treated you fairly and has a good character then just be up front and honest and tell your boss your problems and concerns. If your boss does not have a good character and has lied and cheated in the past then there is no reason to expect anything different in the future.

Good luck.

[poet13]

I don't understand why you would pay back the initial airfare. Generally the first six months earns the airfare over, and the next six months earns the airfare home. The thing about penalties doesn't sounf right at all. As much as I hate to say it, I in part agree with the other poster. Get your money and leave. you have to realize though, that your director will probably withhold your previous months pay for the extra ten days to ensure that you stay....

[katinkorea]

I made it very, very clear to my boss that I couldn't stay beyond February 28th--in writing and in many a discussion. After about a week, she broke me with her guilt-tripping and I agreed to stay for the first week of March as well. Now she tells me she's only going to pay me half of what she would owe me for that time.

As for the return ticket, because my work period was short term to begin with, we had agreed that they would only pay my way over when we first signed the contract (so I don't have a problem with that). What I do have a problem with is her constant mentioning of "penalties" when I have done nothing but follow my contract and work as hard as I possibly could for her.

I just don't know what to do next... And I CAN'T lie to her and hop a plane. It's just not in my character. (Plus, I worked my ass off for them... I'd like to be able to use her as a reference in the future... if this whole thing doesn't get blown out of proportion...)

Does anyone know LEGALLY what can I do if they don't pay me in full for the month of February? (I will be working the full 28 days.)

[PaperTiger]

Okay, forget about what Jesus would do for a minute and take a deep breath noobie, because I know this will blow your mind...since you've only been here for less than six months and you remain undauntedly starry-eyed and firmly seated on your high horse of morality...despite your boss openly admitting that they will apply an illegal penalty clause and put the stones to you while you politely protest, seeking a LEGAL remedy to the situation.

Here's a nice little tidbit: Koreans have no serious regard for the institution of law. Even the sweetest, most saccharin of apologists like Homer will calmly and ever-so-lovingly inform you of that very same fact and how very unlikely it is that any Korean bureaucracy will side with you, let alone side with you before you get on your plane and go back home.

Penalty clauses are illegal and insupportable...after six months the employee cannot be indemnified for their airfare, nor can they indemnify you for any other purpose. Correct me if I'm wrong, and please be condescending about it.

That being said, you are asking for a legal remedy in a country that is decidedly unsympathetic to the plight of ANY foreigner, especially ones that are leaving the country so soon that they cannot even pursue the matter. Penalty clauses are illegal, noobie...but the mere fact that you mention that to people who have already manipulated you into staying longer than you said you would and very nearly agreeing to their penalty (by not telling them to stuff it post haste) is not likely to have any effect on people who would do such a thing. Know this, and it applies to EVERY SINGLE BUREAUCRACY ON EARTH: they all move like dead people rumba and in your case the only justice you'll be getting is by virtue of how decide to conduct yourself.

You're being played like that Fisher Price farm animal toy..."the noobie says, 'mooooo!' You want to stand on principle with people who have none AND you still hold out hope that you won't be screwed...even though they have clearly announced their intent to do so??? This is a chance for you to learn that principles and inconvenient facts cannot be reconciled...you have to do what's right for YOU and not be manipulated by these people. It's not too late to turn this around, but you've got to pull your head out into the daylight and show these people you are NOT an invertebrate (even though you PAID BACK YOUR AIRFARE) and draw the line for them.

You've already PAID BACK YOUR AIRFARE even though you didn't have to and stayed longer than you said you could...is it any wonder they are exploring other ways to screw you over? Give them an inch, they'll take a mile. Now that they've announced their intent, you should either lie and tell them you're staying or ask for the money in advance...lest they turn out their pockets and go all doe-eyed on you, claiming they don't have the money right now but they'll wire it to you just as soon as they can. You'll have to be careful because since they know you have to leave it will be very easy to keep your money, so you don't want to say the wrong thing.

Jesus, woman...haven't you ever been lied to before???

[katinkorea]

A) I don't really care what Jesus would do since I'm an honest person who doesn't believe in God. (Can you imagine??)
B) I never paid them back any airfare. They only paid for a one-way ticket, which was our compromise before signing the contract. (Since I couldn't stay the whole year, I didn't have a problem with it.)
C) I'm not a "noobie". I worked in Japan for 2 1/2 years and was never screwed over for being honest (Ok, well maybe I'm a noobie to Korea).

So forgive me for trying to be a good person about this while simultaneously trying to *not* be taken advantage of...

[Qinella]

It's a little confusing. First of all, can you be specific? What is your normal payday, and what will be your last working day?

Also, what is the $400/800? Is that for the additional 10 days? Would you receive that as your finaly payment, or that plus February's pay?

[katinkorea]

My regular payday is February 26th. So I should be paid in full for the month of February and then leave for good on the 28th.

If I stayed until March 7th, I should be paid approximately $800 (a third of my month's salary), but my boss wants to pay me half of that.

If I refuse to work those extra ten days, I'm worried she may be sneaky and withhold some of my February pay (or not pay me at all? eek!)

[kimchi story]

They paid for your ticket over for a 6 month gig and you're leaving after 5?

Any standard 1 year contract includes a clause that if you leave after less than 6 months you pay back the airfare to Korea. It sounds like yours doesn't, and I expect that's the 'penalty' your boss is talking about.

I'm no advocate for doing a run - but a week and a half early isn't really a run. If I were you I'd consider inventing a dead grandfather and a funeral date of February 28th.

[dam_on]

Hi kat..this is really a situation you're in. I have to partially agree with what papertiger has said. If you read through this forum, you can find post after post, in all their gory details, of foreign teachers being screwed royally by the "bossman/woman". You may not like the WAY he put it, but there is truth in his reply. Your boss has told you that she will steal part of your salary....no if's and's or but's....that is her intention. The fact that she is planning to do this with the salary from the EXTRA time that you graciously accepted to work (over and beyond the Feb. 28 ) should tell you something about her character...or lack of.

If you are determined to take the "high ground", I fear that you will be taken advantage of and there will be little or no recourse for you. If I had to guess, I would think that most bosses are aware of the labor board's procedures, when you can file a complaint, how long it takes, chances of a decision being made against them, and most important...who to pay off in case things start to look bad.

She's probably betting that you: will be happy with half, not know how to fight back legally, know that you wouldn't have much time to do anything.

If you want your money...and I mean ALL of it...you're going to have to compromise on your morals slightly. I would not usually suggest any underhanded actions, but she has already forewarned you...so not doing anything would result in a guaranteed loss of $$$.

A) Tell her you will stay until she finds a new teacher...get your full February pay (with no "penalty" deductions)...and leave as scheduled on Feb. 2 8. This may seem underhanded to you, but you will be paid all moey owed to you.

B) Tell her you will ONLY stay the extra ten days IF you are payed your full Feb. pay with no "deductions", otherwise you will leave as planned. Here she can still make frivolous deductions from your final pay.

C) Tell her you want your full Feb pay on payday, and you want to be payed in cash daily during the extra ten days, other wise you will leave and she will lose more in the end. If she agrees, which I don't think she would because her intentions are to keep part of your money, then you should be paid all money owed.

I can't really think of any others at the moment. Whatever you decide, make sure it is something you are happy with. If you can't live with fighting fire with fire.....then you lose the money. If you believe in getting what is owed to you and standing up for yourself, then you fight back. Keep in mind that there will be other foreigners coming to work at that school in the future and she may well do the same thing to them if you go along with her scheme.

Keep us posted...either way.