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6 month no payback of airfare rule?

 
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ohahakehte



Joined: 24 Aug 2003
Location: The State of Denial

PostPosted: Mon Mar 15, 2004 7:05 am    Post subject: 6 month no payback of airfare rule? Reply with quote

whats the deal w/ the "rule" that if you've been working for a hagwan for 6 months or more that you dont have to pay back the airfare if you quit? gimme all the in's and outs and whether most or any hagwans actually follow the rule
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Gord



Joined: 25 Feb 2003

PostPosted: Mon Mar 15, 2004 7:11 am    Post subject: Reply with quote

There is no "rule". Legally, much of it depends on what your contract says. Commonly it says that if a teacher quits before 6 months in the entire airfare cost must be refunded, and if six months have passed, then the cost of getting the teacher will be credited.

In the absense of such an agreement, legally the teacher owes for the entire airfare as the airfare being paid was dependant on agreeing to work for a year which does not happen if a person quits before then.
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Homer
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PostPosted: Mon Mar 15, 2004 9:35 am    Post subject: Reply with quote

ohahakehte...simply put: READ YOUR BLOODY CONTRACT.
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Mosley



Joined: 15 Jan 2003

PostPosted: Mon Mar 15, 2004 5:09 pm    Post subject: Reply with quote

True. In my case, the contract specifically states that I'm "off the hook" for the airfare once the 6 month mark has passed.
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bibimbap



Joined: 14 Dec 2003

PostPosted: Mon Mar 15, 2004 7:15 pm    Post subject: Reply with quote

my contract says I have to pay 1/2 the "airfare" if i leave after 6 months...

but what's "airfare"? (not defined in contract). is it the full round trip ticket? or half the one-way flight that i used.

the ticket i had on the way over was a round trip ticket (open ended return). but someone said that hagwons can pay one leg at time... which doesn't really make sense to me.

m.
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Mosley



Joined: 15 Jan 2003

PostPosted: Tue Mar 16, 2004 1:05 am    Post subject: Reply with quote

You should get that clarified(well, try "better late than never" anyway)-it really should've been explicit in your contract. For me, if I leave anywhere in the 6-11.5 month mark, my return airfare is up to me.
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sadsac



Joined: 22 Dec 2003
Location: Gwangwang

PostPosted: Tue Mar 16, 2004 5:44 am    Post subject: Reply with quote

If you have at any time had the opportunity to look at the sponsorship form that your director submits to immigration so as to obtain your Visa issuance form, he or she is totally responsible for you and your conduct whilst you are in Korea. That also is in regard to airfares. There is no legal requirement for you to repay an airfare to your hogwan, it is the schools responsibility to ensure that you have a return ticket. Immigration are going to wake up to the fact that schools are only providing a one way ticket for teachers and this is illegal, both the school, teacher and carrier can be prosecuted under the current law. Smile
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Homer
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PostPosted: Tue Mar 16, 2004 5:54 am    Post subject: Reply with quote

Thats true sadsac but the contract can also be considered valid as law in this case.

If you willingly sign a contract with your school and that contract says that the return ticket will be provided upon completion of the one year contract then its a signed agreement.
If you leave before that time, you legally forfeit that return ticket.

Also, it is not illegal for schools to provide you with a one way ticket because you are coming here on a sponsored working visa.
As you said, your employer is responsible for you. If you break that contract the responsibility ends and it is up to the school and the teacher to abide by the contract.

By the same token, if a teacher signs a contract that states that leaving before six months means that the original one way ticket will have to be paid back to the school then the teacher that breaks the contract has to pay that as it was a binding agreement.
Of course, if the school cheats the teacher and breaks some of the clauses of the contract thats a different story.
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bibimbap



Joined: 14 Dec 2003

PostPosted: Wed Mar 17, 2004 7:02 am    Post subject: Reply with quote

homer: do you happen to run a hagwon?
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J.B. Clamence



Joined: 15 Jan 2003

PostPosted: Wed Mar 17, 2004 7:08 am    Post subject: Reply with quote

sadsac wrote:
both the school, teacher and carrier can be prosecuted under the current law. Smile


The carrier can be prosecuted for selling a one-way ticket to someone with a valid year-long work visa? That seems pretty unfair.
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sadsac



Joined: 22 Dec 2003
Location: Gwangwang

PostPosted: Wed Mar 17, 2004 7:40 am    Post subject: Reply with quote

QuoteHomer said:Also, it is not illegal for schools to provide you with a one way ticket because you are coming here on a sponsored working visa.

Upon returning to Korea from Australia in February to our new positon we were advised by Korean Air that we had to purchase an onward ticket from Korea to any destination outside of Korea or they would not allow us to board. It is a stipulation with Korean immigration, the fact that we had E2 visas was irrelevant as far as they were concerned. Very frustrating at the time. Smile
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Homer
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PostPosted: Wed Mar 17, 2004 8:01 am    Post subject: Reply with quote

Sadsac,

Thats unusual and sorry to hear that happened to you!

bibimbap...no I don't run a hakwon....I have worked in hakwons for a while however and have become familiar with contracts.

My philosphy is when you sign a contract you have to abide by the clauses of that contract. If a person disagrees with a contract's clauses it is up to them to negociate to have them changed prior to signing.

If a school cheats then that also applies as breaking the contract and they should be held accountable (sadly thats more difficult).
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