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I need some advice
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Basil Brush



Joined: 13 Apr 2003

PostPosted: Tue Nov 04, 2003 7:54 am    Post subject: Leaving for personal reasons, and paying the airfare? Reply with quote

You want to pay for something you don't have to? You want to do it because it gives other people, a bad name...!?!? Rolling Eyes

What law states that you have to pay the airfare? None. The contract does not stipulate paying the airfare. So don't pay it.

And why do you have to go to Japan to 'escape'. You're not absconding. And even if you did, why bother going to Japan? You followed the contract. You can go with your head held high. Smile
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Son Deureo!



Joined: 30 Apr 2003

PostPosted: Tue Nov 04, 2003 8:31 am    Post subject: Reply with quote

The same stories keep coming up again and again. Teacher tries to do the right thing by giving notice and leaving honorably and gets screwed for it.

Bottom line: if you need to leave early, you're not coming back, and your hogwon has given you any reason to suspect you might get screwed, just run.
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Gord



Joined: 25 Feb 2003

PostPosted: Tue Nov 04, 2003 11:14 am    Post subject: Re: Leaving for personal reasons, and paying the airfare? Reply with quote

Basil Brush wrote:
What law states that you have to pay the airfare? None. The contract does not stipulate paying the airfare. So don't pay it.


The contract says that the airfare is included with the salary if she completes twelve months of employment. Since that will not happen, the airfare money received already must be refunded as it was not earned.

It comes down to property law. So basically "the law" does state she does indeed have to pay the airfare.
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Paji eh Wong



Joined: 03 Jun 2003

PostPosted: Tue Nov 04, 2003 12:42 pm    Post subject: Reply with quote

Rapier and Corporal:

Yes, there are plenty of teachers who show up and ditch on their side of the contract. Yes, they make it harder for all of us.

There are also plenty of schools who get teachers over and then ditch on their side of the contract. Or even more common, schools who hire teachers, abide by their contracts, but have no interest in education what so ever. These schools make it harder for all of us. What can I say, the market sucks.

When teachers leave bad schools, it makes it harder for bad schools to continue to be bad schools. When bad schools go out of business, it's good for all of us. Basic market logic, right?

Are you guys in a position to say whether or not Christy's school is good or bad?

Christy:

I have no idea what to do about your ARC card. My only advice would be to make sure that you get everything in writing, just in case you do want to come back. That, and it always throws a little scare into Wonjonnim.

Oh yeah. Maybe you should have been up front about working conditions in your first post, but don't let anyone who doesn't know your situation give you any bull$hit about your decision.

edited once for typos, yo.
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Tue Nov 04, 2003 3:55 pm    Post subject: Reply with quote

Have you contacted EFL-law.com?

I don't agree about the airfare, but then what do I know? If you worked 6 months you shouldn't have to payback anything. The next six months of your contract would go towards the school paying for a return ticket, not the original ticket that you came on.

Unless of course, you were given a return ticket from the start. Then, paying back the "return" part of the ticket would be fair.

Other than that, tell them to get stuffed. If you have been there 6 months, they have no right demanding recruiter fees from you either. It's not your fault that they chose to use a recruiter.

I'm sure everyone will disagree, but this is my take on it. Cool
Good Luck
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mack the knife



Joined: 16 Jan 2003
Location: standing right behind you...

PostPosted: Tue Nov 04, 2003 5:00 pm    Post subject: Reply with quote

As Gord stated:

EVERY contract I have ever read (or heard of) states that airfare is part of a 12 month deal. Why would anyone assume otherwise. It just doesn't make sense.

SOOOOOOOOOOOO....

If you don't work your 12 months, for whatever reason, you are contractually or at least socially obligated to pay back the airfare (or at least part of it).

Here's the deal. And let's just leave it at this: Pretty soon hogwons are NOT going to offer the airfare bonus...All thanks to teachers who run when they should have paid (for all or part of their ticket, depending on how long they stayed).

Can anyone dispute this? Does anyone REALLY think hogwons will continue to offer the bonus/incentive of airfare if teachers keep running without paying?
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justagirl



Joined: 17 Jan 2003
Location: Cheonan/Portland

PostPosted: Tue Nov 04, 2003 5:18 pm    Post subject: Reply with quote

Do you REALLY think teachers would come to Korea on their own and PAY for it? I sure wouldn't. Korea has to offer this kind of incentive to attract people to come. Maybe years down the road there will be fewer schools that pay the airfare, but I don't see it ending anytime soon.

Is it illegal for your employer to hold onto your ARC? You are "supposed" to carry it with you at all times. It seems kind of wrong that they've taken it from her.

No one has mentioned that they might try to short her out of her last month's pay, too. Like, if she doesn't pay the airfare back, they might just take it, or give her nothing at all that last month. She'll have her plane ticket already and won't be able to stay and argue.

I'd contact EFL Law--they really have the best legal advice, more than any of us can offer.

I also think that if you are here for 6 months, you don't have to pay back the trip to Korea. If it was a round-trip upfront ticket, then 1/2 of it should be paid back. I think the school messed up if they paid for her ticket upfront, cause the contract seems to be saying that they'll pay for it at the end of 12 months. If they paid part in advance, that isn't Kristy's fault. There isn't any mention of how they handled her ticket. According to her contract, Kristy should have paid for her way to Korea and they would pay her back at the end of 12 months. They didn't do that, so how can they ask for the $ back? They didn't follow their own contract.

justagirl
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Kristy Hibbitt



Joined: 27 Oct 2003

PostPosted: Tue Nov 04, 2003 5:23 pm    Post subject: Reply with quote

Well guys thanks for the input. It has been helpful to see different viepwoints. I have contacted ESL-law and they said its a contract wording issue which could go to the courts and the school knows that the teacher(me)won't do that.
They have told me to contact the Labor Board and I have and am now just waiting for a reply.
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Kristy Hibbitt



Joined: 27 Oct 2003

PostPosted: Tue Nov 04, 2003 6:14 pm    Post subject: Reply with quote

Just out of curiousity and I haven't made up my mind yet, if I do decide to leave, (and I have to walk past a security guard at my school), can my school report me for anything at immigration. I am going to talk to my boss before making any decisions but I also want to know if I can get stopped or arrested for anything.
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canuckistan
Mod Team
Mod Team


Joined: 17 Jun 2003
Location: Training future GS competitors.....

PostPosted: Tue Nov 04, 2003 6:27 pm    Post subject: Reply with quote

If you haven't broken the law, then you have nothing to worry about.
Schools have been known to lie to the police/immigration out of petty, vengeful b.s., causing headaches for the teacher.
The best defense is a good offense. You may want to let your boss know that you have contacted the labour board (about your contract) and perhaps immigration (about your ARC card they're not supposed to be keeping) to help "clarify" your situation so your boss knows he can't snow you that easily.
Many schools don't like labour and immigration sniffing around their businesses because they often have things to hide ie; non-payment of taxes and fees.


Last edited by canuckistan on Tue Nov 04, 2003 6:34 pm; edited 1 time in total
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Kristy Hibbitt



Joined: 27 Oct 2003

PostPosted: Tue Nov 04, 2003 6:33 pm    Post subject: Reply with quote

Thanks. I was just worried that they might have contacted them to say I'm a thief or something. Can they report you as a potential runner? I haven't broken the law at all(well that I know of).
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just because



Joined: 01 Aug 2003
Location: Changwon - 4964

PostPosted: Tue Nov 04, 2003 6:44 pm    Post subject: Reply with quote

I'm just curious about the situation of handing over your ARC. Why did you do that?? i know they asked for it but why?? i never would. my school asked to have my passport a long time ago and laughed at them and said why do you need it??? They could give me a legitimate answer. Apparently before me they asked and were always given the foreigners passport with no hassles.
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Kristy Hibbitt



Joined: 27 Oct 2003

PostPosted: Tue Nov 04, 2003 6:50 pm    Post subject: Reply with quote

Yeah that was my fault. My school heard that I might be leaving and suspended my pay until we had a meeting to discuss it. They then wanted my ARC until I had given them confirmation that I was leaving or not and I gave it to them because I needed my pay for that month. I didn't know any better so I gave it to them.
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canuckistan
Mod Team
Mod Team


Joined: 17 Jun 2003
Location: Training future GS competitors.....

PostPosted: Tue Nov 04, 2003 6:50 pm    Post subject: Reply with quote

Your boss can say anything he likes to immigration or whomever. I doubt they would go to such lousy lengths. But if you let him know you've been in contact with immi and labour, he's much less likely to pull any stunts because you've pre-empted him.
And talking to labour/immi about your situation would be a completely normal thing to do. Especially about the hijacked ARC, which the boss is NOT supposed to do. It's meant as ID to keep with you at all times in Korea. I would moo to immigration about that actually.
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Son Deureo!



Joined: 30 Apr 2003

PostPosted: Tue Nov 04, 2003 7:37 pm    Post subject: Reply with quote

Kristy, this school blackmailed you into giving them your ARC by refusing to give you your paycheck? They deserve no favors from you whatsoever. Report them to the Labor Board and Immigration for doing what they did, and ask your hogwon for your tax statement (if they're jerking you around like this, they're probably jerking around the taxman as well).

Sick grandmother or not, you need to get out of that situation. Please also post the name and location of your hogwon, so that other people can be warned not to get into your situation.
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