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EFLtrainer
Joined: 04 May 2005
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 Posted: Tue Feb 20, 2007 8:05 am Post subject: Withholding deposits |
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Last time I read the Labor Law a few years back, it seemed pretty clear that withholding funds from employees was illegal. The law specifically stated that no monies could be withheld for future *possible* disagreements.
Has something changed? And, if this is the law, and I believe it is, then this provision is in violation of labor laws.
Anyone have info to the contrary? |
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cdninkorea
Joined: 27 Jan 2006
Location: Seoul
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| Posted: Tue Feb 20, 2007 8:15 am Post subject: |
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| I've never heard of a law against damage deposits, and I think they're perfectly justified. However, if you don't like it, demand it be taken out of the contract or get housing allowance and find your own apartment. |
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Homer
Guest
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| Posted: Tue Feb 20, 2007 8:47 am Post subject: |
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| Quote: |
| However, if you don't like it, demand it be taken out of the contract or get housing allowance and find your own apartment. |
Precisely. |
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RJjr
Joined: 17 Aug 2006
Location: Turning on a Lamp
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| Posted: Tue Feb 20, 2007 8:48 am Post subject: |
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I'll never sign a contract with an apartment deposit clause again. I've paid a 1,200,000 won deposit. I have 118 days left on my contract and hope I don't get fired before then.
Also, keep an eye out on the recruiter and airfare reimbursements. My contract says I would've had to have paid back both if I quit or was fired before the eight month mark. My eight month mark was completed on February 19th and I was so glad to see it come and go. I think most contracts say six months. |
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alabamaman
Joined: 25 Apr 2006
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| Posted: Tue Feb 20, 2007 8:56 am Post subject: Re: Withholding deposits |
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| EFLtrainer wrote: |
Last time I read the Labor Law a few years back, it seemed pretty clear that withholding funds from employees was illegal. The law specifically stated that no monies could be withheld for future *possible* disagreements.
Has something changed? And, if this is the law, and I believe it is, then this provision is in violation of labor laws.
Anyone have info to the contrary? |
If you agree to a withholding deposit in your labor contract, then your employer may deduct the monetary amount specified in the labor contract. Your employer would violate Korean Labor Laws if a withholding deposit was entered into your contract after both parties signed it. The withholding deposit clause itself would be null. |
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yingwenlaoshi
Joined: 12 Feb 2007
Location: ... location, location!
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| Posted: Tue Feb 20, 2007 10:29 am Post subject: |
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| RJjr wrote: |
I'll never sign a contract with an apartment deposit clause again. I've paid a 1,200,000 won deposit. I have 118 days left on my contract and hope I don't get fired before then.
Also, keep an eye out on the recruiter and airfare reimbursements. My contract says I would've had to have paid back both if I quit or was fired before the eight month mark. My eight month mark was completed on February 19th and I was so glad to see it come and go. I think most contracts say six months. |
That's ridiculous. Tell him to give you your money back now. Argue with him. Get angry at him. There's no need of it. He can take money out of your severence/last pay if there's any damage. And by damage, I don't mean regular wear and tear. Just insist on getting it back and don't budge. Be persistent.
That's crazy. 1.2 million? Get it now.
Makes me wonder what else they're doing to you. Are you paying like 10% tax with no health and pension? Are you working like 9 hours/day with no overtime pay? Or is overtime 10,000/hr? What's your salary? 1.5 milllion? You'd think you'd be able to convince people that they shouldn't mistrust you.
Weird. |
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yingwenlaoshi
Joined: 12 Feb 2007
Location: ... location, location!
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| Posted: Tue Feb 20, 2007 10:33 am Post subject: Re: Withholding deposits |
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| alabamaman wrote: |
| EFLtrainer wrote: |
Last time I read the Labor Law a few years back, it seemed pretty clear that withholding funds from employees was illegal. The law specifically stated that no monies could be withheld for future *possible* disagreements.
Has something changed? And, if this is the law, and I believe it is, then this provision is in violation of labor laws.
Anyone have info to the contrary? |
If you agree to a withholding deposit in your labor contract, then your employer may deduct the monetary amount specified in the labor contract. Your employer would violate Korean Labor Laws if a withholding deposit was entered into your contract after both parties signed it. The withholding deposit clause itself would be null. |
Anyway, I'd be on him to give you your cash. 1.2 million indeed. What are you going to do run a bulldozer through it or turn the gas on and light a match before you get your last pay? All they have to do is come in and inspect the place before they pay you. Which is, of course, your last day there. That's gotta be at least 4 million. Right? So they think that you could possibly cause well over 6 milliion in damages? Maybe they should've held onto all of your pays and just fed you rice and kimchi for the whole year just in case you blew up the whole apartment complex and the hagwon.
GOT GET YOUR MONEY. SAY, "GIVE ME MY MONEY". |
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chachee99
Joined: 20 Oct 2004
Location: Seoul Korea
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| Posted: Tue Feb 20, 2007 10:54 am Post subject: |
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| Is this a GEPIK contract. I asked for the 900K deposit to be taken out, it was refused. What's even more retarded is GEPIK still takes the deposit out even if you find your own accomodations and take the housing allowance. |
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yingwenlaoshi
Joined: 12 Feb 2007
Location: ... location, location!
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| Posted: Tue Feb 20, 2007 11:00 am Post subject: |
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| chachee99 wrote: |
| Is this a GEPIK contract. I asked for the 900K deposit to be taken out, it was refused. What's even more retarded is GEPIK still takes the deposit out even if you find your own accomodations and take the housing allowance. |
Well then GEPIK is retarded and it's retarded to work for them.
You're as good as who you play with. |
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mrsquirrel
Joined: 13 Dec 2006
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| Posted: Tue Feb 20, 2007 3:45 pm Post subject: |
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I see no problem with a housing deposit.
My wifes apartment here in Bangkok that we rent out is a three month deposit plus a months rent
My old house in Newcastle was three months deposit plus a months rent (2,500 deposit) people were happy to pay it.
900,000 for an apartment. Not really a problem IMHO. |
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spliff
Joined: 19 Jan 2004
Location: Khon Kaen, Thailand
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| Posted: Tue Feb 20, 2007 4:32 pm Post subject: |
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| mrsquirrel wrote: |
| 900,000 for an apartment. Not really a problem IMHO. |
....And, in a P-school, you can rest assured you'll get the money back when the contract is up. Unless, of course, you did actual damage to the apt, which I doubt anyone who wanted the money back would do. |
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EFLtrainer
Joined: 04 May 2005
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| Posted: Wed Feb 21, 2007 12:19 am Post subject: |
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Let me explain, as someone above already did: The GEPIK is a good example. If you do not use their housing, they still withhold the deposit. Can you explain this, anyone?
Further, my question was not about whether such clauses exist, but whether they are illegal under Labor Law, which they used to be. The issue is withholding money as a cushion against your future actions, NOT a housing deposit. For example, with GEPIK, it is my understanding it is not specifically stated as a housing deposit and is withheld even if they do not provide your housing.
Now, let me ask again: are withholdings against future behvior/contract disputes still illegal under labor law? If you don't know, please do not respond. |
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white tiger
Joined: 28 Jan 2003
Location: Seoul
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| Posted: Wed Feb 21, 2007 12:51 am Post subject: |
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dang WIFI...always disconnecting before my words get posted ><...
...anyways...
dont think it was mentioned above, but that deposit also covers those bills that dont come for a month after you finish. (internet, heat, etc).
My last school finally cashed out, but made a few of their own bogus deductions which, even though it's 150,000w, I dont feel like fighting it.
My deposit was 600,000w.
But 1.2? good gawd. unheard of. |
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kimchi story
Joined: 23 Nov 2006
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| Posted: Wed Feb 21, 2007 1:18 am Post subject: |
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| EFLtrainer wrote: |
Let me explain, as someone above already did: The GEPIK is a good example. If you do not use their housing, they still withhold the deposit. Can you explain this, anyone?
Further, my question was not about whether such clauses exist, but whether they are illegal under Labor Law, which they used to be. The issue is withholding money as a cushion against your future actions, NOT a housing deposit. For example, with GEPIK, it is my understanding it is not specifically stated as a housing deposit and is withheld even if they do not provide your housing.
Now, let me ask again: are withholdings against future behvior/contract disputes still illegal under labor law? If you don't know, please do not respond. |
I dunno, but Bozo Yoroshiku seems to.
The last bit is particularly telling:
| Quote: |
Your boss is legally allowed to deduct taxes, pension, and medical. THAT'S IT! Any security deposit or forced savings is illegal by Labor Laws, and he is NOT allowed to deduct it (unless you agree to it in the contract).
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http://www.efl-law.com/forum/viewtopic.php?t=60
Funny thing about contract law - it's not law until you sign the contract and by then, if it matters, it's too late. |
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spliff
Joined: 19 Jan 2004
Location: Khon Kaen, Thailand
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| Posted: Wed Feb 21, 2007 1:23 am Post subject: |
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| EFLtrainer wrote: |
Let me explain, as someone above already did: The GEPIK is a good example. If you do not use their housing, they still withhold the deposit. Can you explain this, anyone?
Further, my question was not about whether such clauses exist, but whether they are illegal under Labor Law, which they used to be. The issue is withholding money as a cushion against your future actions, NOT a housing deposit. For example, with GEPIK, it is my understanding it is not specifically stated as a housing deposit and is withheld even if they do not provide your housing.
Now, let me ask again: are withholdings against future behvior/contract disputes still illegal under labor law? If you don't know, please do not respond. |
Whatever, go work for a private hagwon and test your luck! Also, learn how to spell correctly...  |
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