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Labor law question

 
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melvaughn



Joined: 11 May 2006

PostPosted: Wed Oct 17, 2007 6:18 pm    Post subject: Labor law question Reply with quote

Is it standard to have to pay back the flight costs TO korea if for whatever reason you leave 'voluntarily' or are dismissed within the 11 months. Here's a sample clause from a contract:

If the Instructor is dismissed or leaves the Institute voluntarily during the first eleven months of employment,s/he will reimburse the Institute for the cost of air transportation to Korea. The Institute will provide a receipt from the travel agency from which the ticket was purchased.

And if this is illegal, can someone please direct me to a labor law link that states otherwise. I always thought the costs should be waived after six months but can't find where it says this 'specifically' in the labor laws.
I would like to have actual proof that this clause isn't accurate.
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Tommy



Joined: 24 Aug 2005

PostPosted: Wed Oct 17, 2007 6:58 pm    Post subject: Reply with quote

Flight (and housing I believe) don't come under labour law. It's up to the employee and the employer to come to an agreement on the flight, and you're right - the standard is 6 months.

This clause stating 11 months is pure BS. It's totally legit, but no one should agree to it. I came across a contract recently that stated 8 months, and when I asked why they said it's to encourage teachers to stay the full year. Confused
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melvaughn



Joined: 11 May 2006

PostPosted: Wed Oct 17, 2007 7:09 pm    Post subject: Reply with quote

My thoughts exactly. I can see how they wouldn't want to pay airfare or severance back to the employee's home if the contract is broken, but this is the first time I've seen a contract wanting full reimbursment of flight TO Korea.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Oct 17, 2007 7:14 pm    Post subject: Reply with quote

It is strictly a contractual issue.

If anyone is stupid enough to agree to it, then they have no option but to live with it.
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