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boss refusing to pay return airfare
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le-paul



Joined: 07 Apr 2009
Location: dans la chambre

PostPosted: Mon Nov 22, 2010 4:14 pm    Post subject: Reply with quote

Shocked
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morrisonhotel



Joined: 18 Jul 2009
Location: Gyeonggi-do

PostPosted: Mon Nov 22, 2010 4:27 pm    Post subject: Reply with quote

speakyword wrote:
kardisa wrote:
speakyword wrote:
plus my boss deducted 5% off every check and I get that at the end of my contract as well

That doesn't sound sketchy at all.... Rolling Eyes


yeah, but at least he was upfront about that when I joined. I don't really mind because I knew about it. Also I kind of consider it a forced savings account. But it does say that he's paranoid about teachers not finishing their contracts... And it turns out there's a reason... the school has had 14 foreign teachers in 2 years and only 2 have finished a contract


I'd be planning extending your visa now for fighting at the labour board the inevitable shafting you're going to receive.
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cert43



Joined: 17 Jun 2010

PostPosted: Mon Nov 22, 2010 4:57 pm    Post subject: Reply with quote

Iam sorry to say this, but:There is no contractual obligation from the employing party. Even if it was in your contract, it is still not an obligation under any circumanstances of whatever "evidence" you may be seeking for this monetary compensation.

All you can get a Korean empoloyer for is unpaid wages,pension,and/or overtime, etc. This also includes pro-rated "evidentiary" pay (ie, severance )but this is also seen on a simplitistic time basis of over contractual time of over 12 months.
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bobbybigfoot



Joined: 05 May 2007
Location: Seoul

PostPosted: Mon Nov 22, 2010 10:21 pm    Post subject: Reply with quote

speakyword wrote:
kardisa wrote:
speakyword wrote:
plus my boss deducted 5% off every check and I get that at the end of my contract as well

That doesn't sound sketchy at all.... Rolling Eyes


yeah, but at least he was upfront about that when I joined. I don't really mind because I knew about it. Also I kind of consider it a forced savings account. But it does say that he's paranoid about teachers not finishing their contracts... And it turns out there's a reason... the school has had 14 foreign teachers in 2 years and only 2 have finished a contract


And he'll likely return the money and say, "Here's your severance."

Good luck with that.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Mon Nov 22, 2010 10:27 pm    Post subject: Reply with quote

speakyword wrote:
kardisa wrote:
speakyword wrote:
plus my boss deducted 5% off every check and I get that at the end of my contract as well

That doesn't sound sketchy at all.... Rolling Eyes


yeah, but at least he was upfront about that when I joined. I don't really mind because I knew about it. Also I kind of consider it a forced savings account. But it does say that he's paranoid about teachers not finishing their contracts... And it turns out there's a reason... the school has had 14 foreign teachers in 2 years and only 2 have finished a contract




Perhaps there's a reason for that too...I've spotted several so far.
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CentralCali



Joined: 17 May 2007

PostPosted: Tue Nov 23, 2010 1:29 am    Post subject: Reply with quote

speakyword wrote:
kardisa wrote:
speakyword wrote:
plus my boss deducted 5% off every check and I get that at the end of my contract as well

That doesn't sound sketchy at all.... Rolling Eyes


yeah, but at least he was upfront about that when I joined.


Quick lesson in Logic: Doing dishonest stuff is not honest.
Quick lesson in law: Taking your money is called withholding payment and it's illegal.

Quote:
I don't really mind because I knew about it.


You have to be kidding.

Quote:
Also I kind of consider it a forced savings account.


Quick: How many banks do you know that have 0% interest on savings accounts? Do you put your money into those banks?

Quote:
But it does say that he's paranoid about teachers not finishing their contracts... And it turns out there's a reason... the school has had 14 foreign teachers in 2 years and only 2 have finished a contract


Any ideas why that could be? I mean, besides your boss's dishonesty and theft from employees?
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Otherside



Joined: 06 Sep 2007

PostPosted: Tue Nov 23, 2010 1:46 am    Post subject: Reply with quote

OP, unfortunately you don't have a leg to stand on. You signed the contract.
I'm pretty sure if the boss asked for something out of the contract, you'd throw the contract back at him. I do sympathise with you though.

DONT organise a strike, stay-away, mass action. You're at the end of the contract. Likely result is you get fired and the Hagwon owner saves on severance pay also (Not like you can go to the labour board and say "I refused to work, because my boss refused to provide something that was NOT in the contract).

Best course of action is have a meeting with all the affected teachers and the boss and try come to some sort of agreement. If he can agree to pay half the airfare, you're still better off, and you can chalk it up to experience (as in learn to read the contract!)
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Oreovictim



Joined: 23 Aug 2006

PostPosted: Tue Nov 23, 2010 2:10 am    Post subject: Reply with quote

bobbybigfoot wrote:
speakyword wrote:
kardisa wrote:
speakyword wrote:
plus my boss deducted 5% off every check and I get that at the end of my contract as well

That doesn't sound sketchy at all.... Rolling Eyes


yeah, but at least he was upfront about that when I joined. I don't really mind because I knew about it. Also I kind of consider it a forced savings account. But it does say that he's paranoid about teachers not finishing their contracts... And it turns out there's a reason... the school has had 14 foreign teachers in 2 years and only 2 have finished a contract


And he'll likely return the money and say, "Here's your severance."

Good luck with that.


I wouldn't be surprised at all, either.

Kind of reminds me of what my mom would do with my Halloween candy when I was a kid. She's steal some of it, freeze it, and then put it in my stocking at Christmas time.

O.P. finish your contract and hope that you get your severance. As for your coworkers, see if they can quit after you leave and get all of your pay.

Good luck.
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interestedinhanguk



Joined: 23 Aug 2010

PostPosted: Fri Nov 26, 2010 4:15 am    Post subject: Reply with quote

massive mod sanctions in 3.2.1...
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eb



Joined: 24 Nov 2010

PostPosted: Fri Nov 26, 2010 9:13 am    Post subject: Reply with quote

What about Sociology?! EB
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Mr. Kalgukshi



Joined: 19 Jan 2003
Location: Here or on the International Job Forums

PostPosted: Fri Nov 26, 2010 11:45 am    Post subject: Reply with quote

All postings containing, repeating or referencing a racist slur on this thread have been deleted or edited. Future instances of such behavior will result in permanent bans including ISPs.
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RMNC



Joined: 21 Jul 2010

PostPosted: Fri Nov 26, 2010 12:42 pm    Post subject: Reply with quote

Good call, interestedinhanguk, right on the money. God bless our mods.
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Mr. BlackCat



Joined: 30 Nov 2005
Location: Insert witty remark HERE

PostPosted: Sat Nov 27, 2010 1:47 pm    Post subject: Re: boss refusing to pay return airfare Reply with quote

Quote:
"In the event that this Contract is terminated Employee shall be responsible for the return flight to his/her home country" but it never actually says that if I do complete my contract I will receive a return flight.


I don't have much to offer, but this is an example of the saying "The exception proves the rule" that so many people often misunderstand. By providing an exception (if you terminate the contract you have to pay your own flight) the employer has proven the rule (if you do finish your contract, they will pay for the flight). Another example is a street sign that says "No parking Monday and Thursday" which implies that you can park there all the other days. Often times people think the saying means that exceptions prove that a rule is not strict, or that you shouldn't follow the rule, or something like that. But it really means that by providing an exception as your contract does, it necessarily proves a rule by omission and implication. Think of it the other way. If your contract says "If you finish your contract the employer will pay for the flight home" then it is obvious that it implies that if you don't finish your contract you have to pay for it.

Now, I know in Canada and the US the exception proves the rule holds legal weight (like with the above mentioned parking example). Will it hold water in Korea? I have no idea. But it's something to ask your boss and have him explain why that clause is in there if you have to pay your flight anyway. I doubt he'll budge, but maybe it'll be useful with the labour board. In any event maybe it'll stop people from throwing out this saying without understanding what it means.

Anyway, good luck.
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allovertheplace



Joined: 02 Aug 2009

PostPosted: Sat Nov 27, 2010 4:03 pm    Post subject: Reply with quote

OP- the 5% hes withholding is supposed to be pension. So hes screwing you out of 5% of your yearly salary. You should just suck it up and finish- dont want to risk a battle over last months pay etc. For the other teachers...its impossible to tell them what to do. If they like it here they will could get blacklisted for 5 years for running (I think anyway). So it may not be worth it for them, also if they are broke they might not be able to take the financial hit now.

But be sure after you get paid to tell him your reporting him and blacklisting his hagwons name everywhere. Who knows..maybe it will improve things for the teachers still there.
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Shapur



Joined: 27 Jan 2003

PostPosted: Sat Nov 27, 2010 4:47 pm    Post subject: Reply with quote

Sorry for your troubles.
Look you might have more immediate and larger problems than your airfare.
Have you considered the likelihood of getting your severance pay and last month's wages considering the many small dishonesties your hagwon director has pulled so far?
You mentioned 14!? teachers have left in the last two years?
Has anyone ever actually been paid their severance at your school?
Last month's salary?
If I were in your shoes I'd be spending more energy on trying to ensure I got my severance and final month's pay.
ie the things that are actually in your contract.
It's a lot more money than the airfare and I'm of course assuming you at least had the severance written in your contract?
(It's a statutory requirement anyway, but it sounds like you don't want to give this guy any excuse to short change you).
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