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Hagwon will subtract recruitment fees from my last pay

 
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gangstamac



Joined: 13 Jul 2009

PostPosted: Tue Jul 14, 2009 6:35 am    Post subject: Hagwon will subtract recruitment fees from my last pay Reply with quote

just to let you know, I'm not complaining. I should've read the contract before I signed it.

I'm leaving my hagwon early and it sounds like the school will take the recruitment fees from my last paycheck. It's in my contract that if I leave early, I'm liable for such costs. I've asked my hagwon to provide proof of how much recruitment fees are. They're yet to give me any details, and yet to give me an estimate either.

My contract states the recruitment fee deduction will be on a pro-rated basis, rather than the figure that was paid by the school for my actual recruitment. The hagwon is reading that as "market rates", although I tried to differ with a trusty oxford dictionary. Can anyone help me find out how much I can expect to pay?

Thanks.

PS. captain obvious says "anyone considering signing a contract, make sure this clause isn't in it"
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Straphanger



Joined: 09 Oct 2008
Location: Chilgok, Korea

PostPosted: Tue Jul 14, 2009 6:44 am    Post subject: Re: Hagwon will subtract recruitment fees from my last pay Reply with quote

Captain Obvious wrote:
anyone considering signing a contract, make sure this clause isn't in it

Anyhow...
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CentralCali



Joined: 17 May 2007

PostPosted: Tue Jul 14, 2009 7:00 am    Post subject: Reply with quote

Double check the contract to see if it says you're responsible for the cost of recruiting you or for the cost of recruiting your replacement. If it's the former and they take too much, your only recourse is the Labor Board.
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Tue Jul 14, 2009 7:28 am    Post subject: Reply with quote

check with the labor board, but its punitive and i dont think they allowed to do that even if you agreed to it. recruiting fees are between your employer and your recruiter - not you. Labor law trumps illegal contract clauses every time.

do some research here:

http://www.molab.go.kr/english/main.jsp

and/or call and ask. dial 1350 and press 7 for english
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gangstamac



Joined: 13 Jul 2009

PostPosted: Tue Jul 14, 2009 9:18 am    Post subject: Reply with quote

CentralCali wrote:
Double check the contract to see if it says you're responsible for the cost of recruiting you or for the cost of recruiting your replacement. If it's the former and they take too much, your only recourse is the Labor Board.


thanks for the tip. it says nothing of the cost of a replacement, only reimbursing my own recruitment.
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gangstamac



Joined: 13 Jul 2009

PostPosted: Tue Jul 14, 2009 9:21 am    Post subject: Reply with quote

OculisOrbis wrote:
check with the labor board, but its punitive and i dont think they allowed to do that even if you agreed to it. recruiting fees are between your employer and your recruiter - not you. Labor law trumps illegal contract clauses every time.

do some research here:

http://www.molab.go.kr/english/main.jsp

and/or call and ask. dial 1350 and press 7 for english


Thanks, that sounds promising. I'll call them in the morning.

I'll post anything I find on the website and also the info i get from the conversation.

EDIT*
I've just found this passage on teachkoreanz.com:

No broker or agent cannot(sic) embezzle your pay or salary. This means that at no time can your employer demand that any recruitment or agent fee be taken from your pay. Any debt to an agent is the responsibility of the director and agent to sort between them.

can't find anything from the labor dept about it yet though


Last edited by gangstamac on Tue Jul 14, 2009 10:45 am; edited 1 time in total
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pie eater



Joined: 07 Jul 2009
Location: The Bando

PostPosted: Tue Jul 14, 2009 10:06 am    Post subject: Reply with quote

This is a good reason on when you run - you should run without notice - giving notice means bending over - and now you are going to get screwed out of over half of your money - if you are lucky.
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Theo



Joined: 04 Jul 2009

PostPosted: Tue Jul 14, 2009 10:16 am    Post subject: Reply with quote

I spent five very frustrating years teaching in adult training centers and "universities" in China (much of my China experience was terrific and amazing -- just not ESL employment), but NOTHING compares with (or prepared me for) the nightmare of working in an adult hadwon in Korea -- at least not the one I worked for. What the OP details did not happen to me, but my experience was a nightmare nevertheless, on several levels.

I'm so glad to be as far from South Korea ("North Korea Lite") now as possible! Eek!
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ChinaBoy



Joined: 17 Feb 2007

PostPosted: Tue Jul 14, 2009 12:46 pm    Post subject: Reply with quote

Once again, someone gives notice, they get screwed.

Had you run, it would have been so much better for you.

I wouldn't be surprised if "cost of recruitment" involves flying some new teacher in.
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gangstamac



Joined: 13 Jul 2009

PostPosted: Tue Jul 14, 2009 6:15 pm    Post subject: Reply with quote

Having called the labor dept, asked them if the school can do this, the guy said unequivocally, "No".

KOREAN LABOR STANDARDS ACT states all money must be paid to the employee. Recruitment fees are between the employer and the recruiter, not the employee.

Let's see how this info goes over at work. I'm expecting hugs, smiles and perhaps a hearty slap on the back.
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Silence Dogood



Joined: 09 Jul 2009

PostPosted: Tue Jul 14, 2009 6:21 pm    Post subject: Reply with quote

A penny saved is a penny earned.
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blonde researcher



Joined: 16 Oct 2006
Location: Globalizing in Korea for the time being

PostPosted: Tue Jul 14, 2009 7:03 pm    Post subject: Reply with quote

A school employer cannot suddenly decide to deduct a recruiters fee if you opt to leave early, with correct notice given. If nothing is written in your contract for a deduction, then it is illegal to take it from you.

BUT if you have signed a contract that says you agree to paying this back if you leave early, it then becomes 100% legal and they can demand it back. - and sometimes even manage to register this as a unpaid debt owing to them on your immigration record if you never pay it back.You cannot take the employer to any labor court if it was in your contract to start with

The school will have paid the recruiter previously when you arrived , so any money you pay back later goes direct to the school director, not to a recruiter. The school will be angry of course as they have invested money to employ you and they have leased an apartment for you at their expense, and they will be short of a foreign teacher for their students when you go early.

No director can ask for any additional payments from you that are not contained in the contract.

if you are going for any ' the grass is greener and better in a big city story " directors usually get even more angry and will often see this as a selfish reason to leave early and penalize more if they can. Sometimes even suddenly fire you and make you leave the apartment before you want to leave.
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Elvis Gratton



Joined: 12 Jul 2009

PostPosted: Tue Jul 14, 2009 7:17 pm    Post subject: Reply with quote

R U a hot, young blond chick working at a kindergarten? If so your recruitment fee may have been a lot higher than mine.
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gangstamac



Joined: 13 Jul 2009

PostPosted: Tue Jul 14, 2009 7:47 pm    Post subject: Reply with quote

blonde researcher wrote:
A school employer cannot...


altho that contradicts what the Labor Dept said, I appreciate the input. do you mind telling me where you got this info?

no, not a grass is greener case. I'm not into blood-letting right now, but i may give the full story later. just want information about the situation I'm in and thought it may serve as a warning for others
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