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Iamronin11
Joined: 17 May 2009
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Posted: Sat Sep 05, 2009 10:19 pm Post subject: if hogwon fires you, do you have to pay them recruiters fee? |
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i was wondering if a hogwon fires you, will you be responsible for a recruiters fee? what does the labor board say about this |
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Captain Courageous
Joined: 16 Jul 2006 Location: Bundang and loving it
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Posted: Sat Sep 05, 2009 10:21 pm Post subject: |
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I sure hope it's not in your contract. |
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Iamronin11
Joined: 17 May 2009
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Posted: Sat Sep 05, 2009 10:23 pm Post subject: |
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no it only says " In the event that Instructor terminates this agreement prior to end date, a sum of 1,000,000 won will be withheld" blah blah . So in wording it is saying if I quit basically. However, can they try and screw me after firing me and demand a recruiters fee? |
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Captain Courageous
Joined: 16 Jul 2006 Location: Bundang and loving it
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Posted: Sat Sep 05, 2009 10:25 pm Post subject: |
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Sure they can. |
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Iamronin11
Joined: 17 May 2009
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Posted: Sat Sep 05, 2009 10:40 pm Post subject: |
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thanks captain obvious.
I need opinions from people who actually know what they are talking about. Does he stand a chance in collecting this sum if taken to court or to labor board |
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halfmanhalfbiscuit
Joined: 13 Oct 2007 Location: Seoul
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Posted: Sat Sep 05, 2009 10:56 pm Post subject: |
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Sometimes that's the cost of getting your LOR and moving on. |
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CentralCali
Joined: 17 May 2007
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Posted: Sat Sep 05, 2009 11:22 pm Post subject: |
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Situation: They're giving you 30 days notice? And telling you that they're going to keep a bunch of money out of what they will owe you in a month's time?
Recommendation: Pull a runner.
Situation: They're canning you now prior to paying you and refusing to pay you what they already owe, pretending that you owe them money although the reimbursement requirement is not in your contract.
Recommendation: Start at the Labor Board.
Situation: Telling the boss you're going to quit.
Recommendation: Don't do that. If you're happy, stay there and do the work. If you're not happy or you don't trust the boss, get your regular pay and pull a runner that day or the next. Quitting a job here essentially flushes all hope of prevailing against a dishonest boss down the toilet. |
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cruisemonkey

Joined: 04 Jul 2005 Location: Hopefully, the same place as my luggage.
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Posted: Sat Sep 05, 2009 11:40 pm Post subject: |
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Iamronin11 wrote: |
... it only says " In the event that Instructor terminates this agreement prior to end date, a sum of 1,000,000 won will be withheld"... |
What's difficult to understand? If you are fired, the employer is terminating the contract. |
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The Great Wall of Whiner
Joined: 24 Jan 2003 Location: Middle Land
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Posted: Sun Sep 06, 2009 12:09 am Post subject: |
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Well, law is always a grey issue.
Why are they firing you? If they are firing you for no reason than you should be ok. If they actually have a good reason in the eyes of the law then maybe they can.
There is no real answer here unfortunately, and we are teachers not lawyers trained in Korean civil law. |
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cruisemonkey

Joined: 04 Jul 2005 Location: Hopefully, the same place as my luggage.
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Posted: Sun Sep 06, 2009 12:51 am Post subject: |
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The Great Wall of Whiner wrote: |
There is no real answer here unfortunately... |
True... and sometimes the law is an ass (especially in K-land). Assumptions based on British common law are dangerous:
"What do you mean the truth is not a defense against an accusation of slander or lible?
"Blood money?... he started it!" |
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benji
Joined: 21 Jul 2009
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Posted: Sun Sep 06, 2009 1:36 am Post subject: |
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cruisemonkey wrote: |
The Great Wall of Whiner wrote: |
There is no real answer here unfortunately... |
True... and sometimes the law is an ass (especially in K-land). Assumptions based on British common law are dangerous:
"What do you mean the truth is not a defense against an accusation of slander or lible?
"Blood money?... he started it!" |
My favorite: perjury is not a crime. Why even bother to have courts at all then. |
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cruisemonkey

Joined: 04 Jul 2005 Location: Hopefully, the same place as my luggage.
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Posted: Sun Sep 06, 2009 2:54 am Post subject: |
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benji wrote: |
My favorite: perjury is not a crime. |
"Your honor, I beg the court's indulgence in understanding I did not lie; but rather, misrepresented the truth."  |
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DAC
Joined: 14 Aug 2009 Location: South Korea
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Posted: Sun Sep 06, 2009 5:53 pm Post subject: |
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Iamronin11 wrote: |
thanks captain obvious.
I need opinions from people who actually know what they are talking about. Does he stand a chance in collecting this sum if taken to court or to labor board |
Again, call the labor attorney. Bring your contract. If it's your second time, you may have to pony up his fee (100,000 won?) and take his advice about getting out of your contract with the least hassle. |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Sun Sep 06, 2009 7:11 pm Post subject: |
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Article 20 of the KLSA forbids entering into a contract for which a pre-determined penalty is written in for possible breach of said labor contract.
That clause could be very well be in breach of the laws.
That said, hakwon directors and even some courts are not especially known for their knowledge or regard of said Act. |
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