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bbunce
Joined: 28 Sep 2011
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Posted: Thu Feb 09, 2012 4:20 pm Post subject: Quitting after 6 months-recruitment fee?- Advice |
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Staying is out of the question for personal reasons. Anyone know about recruitment fees? I am quitting and my contract says if I quit early, I'll have to reimburse the company plus other things like airfare. They didn't pay my airfare so just the recruitment fee applies.
The owner has been decent so I want to do what is right. My guess he'll demand I repay the recruitment fee and get fired within the next 30 days or once he finds a replacement. It's in my contract so I'll pay some of it, I figure half is fair.
How would you handle this? To protect yourself and doing what is right? Contract says 60 days notice which means I should tell him by the end of the month and in April, I'll have worked for him just over 6 months. What would you do? Thanks.. |
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Porksta
Joined: 05 May 2011
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Posted: Thu Feb 09, 2012 4:38 pm Post subject: |
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You are not required to pay a recruitment fee, nor is your employer allowed to put it in the contract. |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Thu Feb 09, 2012 5:23 pm Post subject: |
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Porksta wrote: |
You are not required to pay a recruitment fee, nor is your employer allowed to put it in the contract. |
Both are incorrect. If these are mentioned in the contract then it is legal to do so. This is a contractual issue and not a labor law issue. |
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bbunce
Joined: 28 Sep 2011
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Posted: Thu Feb 09, 2012 5:36 pm Post subject: |
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Yes, that's what I thought. I'll probably reimburse him 50% which I believe is fair. I'll ask him to show me documentation of the fee, and be prepared to go home earlier than May if he wants. |
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Beyondbelief
Joined: 21 Sep 2011
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Posted: Thu Feb 09, 2012 7:12 pm Post subject: |
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Huh, what's fair? Is he going to re-imburse 50% you the millions upon millions he has made off having a native English speaking teacher at the school compared to just Korean teachers? I don't think so. The way I look at it is it's buyer beware. The recruiter fee to most of these schools is nothing. If it doesn't work out....their problem, not yours. Consider the fact you have to buy a ticket back to America, or whereever. Haul all your crap to Incheon by yourself yadda yadda yadda. They will continue on with your business while you have to start over and spend a lot of money in the process to just get out of this country. Don't give him a dime. |
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Wildbore
Joined: 17 Jun 2009
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Posted: Thu Feb 09, 2012 7:50 pm Post subject: |
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Beyondbelief wrote: |
Huh, what's fair? Is he going to re-imburse 50% you the millions upon millions he has made off having a native English speaking teacher at the school compared to just Korean teachers? I don't think so. The way I look at it is it's buyer beware. The recruiter fee to most of these schools is nothing. If it doesn't work out....their problem, not yours. Consider the fact you have to buy a ticket back to America, or whereever. Haul all your crap to Incheon by yourself yadda yadda yadda. They will continue on with your business while you have to start over and spend a lot of money in the process to just get out of this country. Don't give him a dime. |
A lot of Hagwons have tight margins, and paying another recruitment fee so soon would be damaging to their business.
If you don't want to honor your signiture, then feel free to stiff people at your convenience. |
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radcon
Joined: 23 May 2011
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Posted: Fri Feb 10, 2012 3:47 am Post subject: |
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Stiffed? The Op is not a slave and can leave when he wants. Whichever way the hagwon owner chooses to find teachers is none of the employees business. If a recruiter supplies a teacher that doesnt pan out, then the owner should take it up with the recruiter. |
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bbunce
Joined: 28 Sep 2011
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Posted: Fri Feb 10, 2012 6:16 am Post subject: |
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Thank you for all your advice. I'll pay half because I only worked half and leave as soon as a replacement comes but no later than the end of April. After that, it's not my problem because you are right, I am not a slave. However, I still am going to do what I think is right. One thing might change all that though. He hasn't been paying pension or insurance but has been taking it out of my check. If I find out next week he's been pocketing my taxes too, I will just walk and not give him a dime. My gut feeling is he has been paying the taxes but I'll keep you guys posted. |
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HarryMorgan
Joined: 02 May 2011
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Posted: Fri Feb 10, 2012 7:04 am Post subject: |
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bbunce wrote: |
He hasn't been paying pension or insurance but has been taking it out of my check. If I find out next week he's been pocketing my taxes too, I will just walk and not give him a dime. My gut feeling is he has been paying the taxes but I'll keep you guys posted. |
Coming from someone who was in the exact same situation, how can you possibly justify paying this guy a dime? What's your tax rate? 3.3%?
He was screwing you over from the beginning, assuming you didn't know about it from the start. Throw your nobleness out of the window and forget your gut. Your gut is their face, dispose of it at will. I got fired after five months because I threatened my boss with this all too common illegal racket. I didn't pay anything back (recruiter fee/airfare), and in fact, I got paid to keep my mouth shut.
I say this all with another assumption that your workplace has the over five (?) employees deal and that you're referred to as an "employee" in your contract. You shouldn't even be considering paying this guy under the supposed current situation. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Fri Feb 10, 2012 8:35 am Post subject: |
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bbunce wrote: |
Thank you for all your advice. I'll pay half because I only worked half and leave as soon as a replacement comes but no later than the end of April. After that, it's not my problem because you are right, I am not a slave. However, I still am going to do what I think is right. One thing might change all that though. He hasn't been paying pension or insurance but has been taking it out of my check. If I find out next week he's been pocketing my taxes too, I will just walk and not give him a dime. My gut feeling is he has been paying the taxes but I'll keep you guys posted. |
Your pension and health insurance are billed and due to be paid monthly, so if your boss has been withholding those you should check to see if the payments have been made to the Pension office and Health Insurance office. If these have been withheld and not paid you should report your boss to each of these agencies. He is stealing your money and committing fraud.
Income taxes are only due to be paid twice or even once per year by small employers, so if you've been there less than 6 months the withheld taxes may not be due to be paid yet. There is no way for you to verify payment if no payment is due. |
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bbunce
Joined: 28 Sep 2011
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Posted: Fri Feb 10, 2012 5:21 pm Post subject: |
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Thank you. I almost wasted my time by going down there. He hasn't been paying but deducting the money. It is fraud but I am giving him a chance to pay-up. If he does cool, if not, bad on him. Anyway, thanks again for the info on taxes. |
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