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lip
Joined: 11 Oct 2007
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 Posted: Wed Aug 04, 2010 10:04 pm Post subject: Fired before 6 months-payback visa run fees? |
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Hi,
I was fired after 5 months. The recruitor says I have to pay them back for the visa run fees. I was hired in Korea. My contract says nothing about this. i worked at a public school. Is that so?
Some people said no and others yes. What do you think? |
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CentralCali
Joined: 17 May 2007
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kprrok
Joined: 06 Apr 2004
Location: KC
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| Posted: Thu Aug 05, 2010 12:20 am Post subject: |
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| Thanks for that link central. I had missed the original thread and it was a truly enjoyable read. |
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Italy37612
Joined: 25 Jan 2010
Location: Somewhere
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| Posted: Thu Aug 05, 2010 1:15 am Post subject: |
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| Cali, you hit the nail right on the head with your responses on the linked post. |
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Richard Krainium
Joined: 12 Jan 2006
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| Posted: Thu Aug 05, 2010 2:01 am Post subject: Re: Fired before 6 months-payback visa run fees? |
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| lip wrote: |
Hi,
I was fired after 5 months. The recruitor says I have to pay them back for the visa run fees. I was hired in Korea. My contract says nothing about this. i worked at a public school. Is that so?
Some people said no and others yes. What do you think? |
| lip wrote: |
I worked there for five months. This is from my contract. EPIK contract.
"employee shall immediately pay back employer the air ticket and other expenses that the employer has incurred in the process of hiring the employee" |
hmmm... |
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lip
Joined: 11 Oct 2007
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| Posted: Thu Aug 05, 2010 5:17 am Post subject: |
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wow you guys sound like cowards or actually you sound more like lovers.
"In many ways the work of a critic is easy. We risk very little. Yet enjoy a position over those who offer up there work and their sales to our judgement. We thrive on negative criticism, which is fun to write or read. But the better of truth that we critics must face-Is that in th e grand scheme of things, the average piece of junk is probably more meaningful than our criticism designating it so......"
-Anton Ego, from the movie Ratatouille |
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huffdaddy
Joined: 25 Nov 2005
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| Posted: Thu Aug 05, 2010 8:41 am Post subject: Re: Fired before 6 months-payback visa run fees? |
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| lip wrote: |
Hi,
I was fired after 5 months. The recruitor says I have to pay them back for the visa run fees. I was hired in Korea. My contract says nothing about this. i worked at a public school. Is that so?
Some people said no and others yes. What do you think? |
Scenario 1: You have the money, they want it. Take it and run.
Scenario 2: They have the money. You're screwed. |
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CentralCali
Joined: 17 May 2007
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| Posted: Thu Aug 05, 2010 6:58 pm Post subject: |
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Scenario 3:
It's all malarley. The OP's just a troll. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Fri Aug 06, 2010 12:42 am Post subject: Re: Fired before 6 months-payback visa run fees? |
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| lip wrote: |
| My contract says nothing about this. |
Yes, it does:
| lip wrote: |
I worked there for five months. This is from my contract. EPIK contract.
"employee shall immediately pay back employer the air ticket and other expenses that the employer has incurred in the process of hiring the employee" |
You didn't make it to six months, therefore you are responsible for paying their money back, including airfare for visa runs, recruiter fees, and any other costs they paid in the process of hiring you, etc. It says so in black and white in your contract. Nothing illegal about it, so Labor will uphold that clause. You owe the money, and it's too late to take your money and pull a runner, so expect nothing (or close to nothing) of your final paycheque. |
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PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
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| Posted: Fri Aug 06, 2010 5:22 am Post subject: Re: Fired before 6 months-payback visa run fees? |
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| Young FRANKenstein wrote: |
| lip wrote: |
| My contract says nothing about this. |
Yes, it does:
| lip wrote: |
I worked there for five months. This is from my contract. EPIK contract.
"employee shall immediately pay back employer the air ticket and other expenses that the employer has incurred in the process of hiring the employee" |
You didn't make it to six months, therefore you are responsible for paying their money back, including airfare for visa runs, recruiter fees, and any other costs they paid in the process of hiring you, etc. It says so in black and white in your contract. Nothing illegal about it, so Labor will uphold that clause. You owe the money, and it's too late to take your money and pull a runner, so expect nothing (or close to nothing) of your final paycheque. |
Precisely. |
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OculisOrbis
Joined: 17 Jul 2006
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| Posted: Fri Aug 06, 2010 7:29 am Post subject: |
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| Wouldnt the employer have to take the teacher to court to recover the funds? Since a teacher isnt protected by the labor standards act until employed for six months, then why would the employer be supported by the labor board. Especially since its a contractual issue that is outside the scope of labor and would need to be dealt with in civil or small claims court. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Fri Aug 06, 2010 7:44 am Post subject: |
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| OculisOrbis wrote: |
| Wouldnt the employer have to take the teacher to court to recover the funds? |
Why would they when all they have to do is withhold the money they believe is owed, and force the teacher to file with the courts to get any money back he believes was incorrectly withheld?
| Quote: |
| Especially since its a contractual issue that is outside the scope of labor |
Labor does deal with contractual issues as well. Not everything contract-related, but they do determine which clauses and such are legal and which are void. |
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OculisOrbis
Joined: 17 Jul 2006
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| Posted: Fri Aug 06, 2010 9:41 am Post subject: |
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| Paying back recruiter fees are punitive and therefore illegal under the labor code. It was the schools choice to use a recruiter and their choice to incur those unnecessary costs rather than conducting a search themselves. Paying back airfare, sure, that was a benefit to the employee that needs to be repaid under the contract. Recruiter costs, no way, that was an optional business transaction between the school and the recruiter prior to the teacher working. If the school is unhappy with the teacher then they need to deal with it through the recruiter. It is not the teacher's responsibility to pay for the school's laziness in the hiring process or for their mistake of accepting a bad/unliked candidate from their choice of employee screeners. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Fri Aug 06, 2010 4:01 pm Post subject: |
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| OculisOrbis wrote: |
| Paying back recruiter fees are punitive and therefore illegal under the labor code. [...] It is not the teacher's responsibility to pay for the school's laziness in the hiring process or for their mistake of accepting a bad/unliked candidate from their choice of employee screeners. |
I agree a teacher shouldn't have to pay it, but Labor will disagree with both of us. I have seen them make teachers pay it (if it is in the contract). They don't see it as punitive, and technically it isn't. It IS a cost associated with hiring the teacher, whether by their own choice or not. Airfare is also a choice, for that matter, and so are relocation allowances and your apartment (or housing stipend). They don't have to give you any of that. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Sat Aug 07, 2010 5:05 am Post subject: |
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| OculisOrbis wrote: |
| Paying back recruiter fees are punitive and therefore illegal under the labor code. . |
The labor code only applies to those who've worked six months or more. Which doesn't work in this case.
Moreover punitive fees are not illegal under the KLSA. It does set out the limits to which these fees can amount to (maximum being 1/10 of a month salary, if I remember correctly) but does not outlaw them. However this must be written into the contract as well I believe. |
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