Korean Job Discussion Forums

[ellueco]

Hello,

I am working for Avalon Education in Mokpo, South Korea and due to some serious issues at home and work i have had to resign from my contract. I gave my full 45 days notice, as is outlined in my contract, and have agreed to pay back my initial airfare and all outstanding bills etc.

Last Friday, three weeks after i gave my notice to the director, she informed me that she expects me to pay her the 1.3 million WON recruiting fee it cost her to get me here. She left me with the following options: either pay the entire fee myself, get the recruiting company to pay her the money, or ensure that the recruiter provides a new teacher for her free of charge - if i do not do one of these things she has threatened to withhold money from my upcoming cheques until the issue is sorted out.

Here is my question: does she have any legal obligation to ask me for the recruiting fee? And, if she does not back down and keeps threatening to withhold my pay, what can i do?

any assistance would be greatly appreciated,

thanks

[tanklor1]

Tell her to "*&^% off" and leave. They are taking advantage of you.

[morrisonhotel]

[OculisOrbis]

Were you there less than 6 months? If so, it is not unreasonable for her to ask, but you are still under no obligation to pay unless its in your contract.

Your option to fight is to file a labor board complaint for unpaid wages if she tries to take from your final pay. It is punitive and not allowed under labor law. The recruiter fee has nothing to do with you - it's between her and the recruiter. They are the ones that need to sort it out. Labor board will tell her the same thing.

[jrwhite82]

What does your contract say? Some contracts say you will remiburse recruiter fees if you quit before 6 months or a year. (Not sure if its legal still though, so even if it's in the contract, you might not have to pay it back)

If it says nothing about it, then do what the above people said.

How long have you been there?

[ellueco]

I have been here 3 1/2 months. So yes, well under the 6 month mark. However, there is nothing at all in my contract about reimbursing a recruiting fee. And, seeing as my director is asking for 1.3 million i am in a bit of a tight spot financially if i agree to pay her.

How long does it normally take to go to the labor board? will it cost me more money to go that route?

thanks all for your prompt responses

[OculisOrbis]

You can file a claim 14 days after any money was due to paid. Essentially, it allows your employer to pay you 14 days late for anything without consequence.

You can file a claim for unpaid wages even if you are not in the country. It does not cost anything to file a claim. Depending on your employer and whether or not they follow the ruling of the labor board, it could take as little as two weeks from the date you file or as much as a year and may include taking your employer to court (you will have to pay for that) if they insist on refusing to follow the ruling.

The Labor Consultation Line number can be found on this page:
http://www.moel.go.kr/english/main.jsp#cntArea

[Ramen]

tell her to pay you your full salary first and you'll give the recruiting fee directly to the recruiter by wire (maybe from your home country).

[Juregen]

This is not your problem.

If he withholds money, go to labor board.

[northway]

My understanding was that if a teacher bailed prior to six months the recruiting agency generally had to find someone new.

[Skippy]

This is a slight sticky problem. In one sense you short of do owe the money. But another aspect, the school is the one that bets the money to get a teacher and they lost if. Maybe you can prorate it. You have been here 3 and half months lets say you worked 4 months in all. So minus 4 months from the fee. So in the end you would owe about 1.04 Million. Still is a pretty penny. Also what does you contract say.

How petty is you boss also being. Also what is the situation to go home for. I mean if you have a good reason - mother is dying or you have to go rescue your cousin Lois from bikers or just going back to college. Some places will be understanding if the situation is horrible (to them) they might let things go. But they feel you go back home and a month later are ready to come back they will feel cheated. Are you going to come back you can offer to work for them again.

Still good Luck.

[Epik_Teacher]

That's why you do a midnight run! Koreans don't hesitate to screw foreigners, why hesitate to screw a bad hakwan back?!?

[some waygug-in]

Most recruiters are supposed to reimburse their fees if the teacher bails before 6 months,


or they are required to find a new teacher at no extra charge.


It would depend on the contract between the recruiter and your school.

This is not your responsibility and you should not have to pay anything,

but trying to convince your hagwon boss of this is another matter.

I would be careful not to stir the pot any more than necessary, but inform your boss that you are not responsible for recruiting fees, that is between the school and the recruiter.

Then tell your boss plainly that if they insist on making this deduction, you will file a claim with the labor board.

I don't know if this will help much, but it's about all you can do right now.

[ZIFA]

Run.

You've been reasonable with them but they seem to be stretching your patience a bit far. Yes it is OK to ask for the recruiting fee if it is in the contract. It ain't.

Furthermore, usually schools only pay a recruiter fee for teachers that complete their contracts. If you quit before time, the recruiter usually does not get paid. Thats the normal modus operandi. So she may be charging you for something she probably doesn't even have to forfeit.

[garybliss123]

mate - f\ck her! get outta there