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mtfirefly
Joined: 01 Aug 2010
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 Posted: Wed Sep 05, 2012 9:53 pm Post subject: Getting Fired? |
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So, we recently got a new teacher at my hagwon and it's looking like she's not a good fit. I'm thinking they're going to send her packing any day now. She's only been here for about a month. I wanted to see what do you know about teachers who are fired before the 6 month line?
Is she going to have to pay the school back for everything? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Sep 05, 2012 10:07 pm Post subject: |
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The only thing she should have to pay for, unless she signed a crap contract, is the airfare and any signing bonus / relocation-settlement allowance if she got one.
If she signed a crap contract they may try to hose her for the recruiters fee as well (illegal but done often enough).
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Kepler
Joined: 24 Sep 2007
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| Posted: Thu Sep 06, 2012 4:18 am Post subject: |
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| Recruiters don't usually get paid until three months have passed. She shouldn't have to compensate the school for that expense. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Mon Sep 10, 2012 2:17 pm Post subject: |
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| Kepler wrote: |
| Recruiters don't usually get paid until three months have passed. She shouldn't have to compensate the school for that expense. |
She shouldn't have to compensate them - period.
If she's only been there a couple weeks and she's sure she's getting canned, she should just pick up and leave. There's no point in hanging around when she's not likely to get paid. The school is probably only holding on to her long enough to recuperate how much they paid to get her there (and then some). She should cut her losses. |
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zombiedog
Joined: 03 Oct 2011
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| Posted: Mon Sep 10, 2012 2:38 pm Post subject: |
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What are the facts about having to reimburse the school for the cost of airfare?
If you are fired before 6 months do you have to pay them back?
And what if there is nothing in your contract that says anything about having to pay back the airfare? |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Mon Sep 10, 2012 2:59 pm Post subject: |
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| Quote: |
| And what if there is nothing in your contract that says anything about having to pay back the airfare? |
Then you have a greater chance of winning a legal fight. If you are leaving Korea, then it is not worth it. If you go to another school and can fight it, then it will be them withholding money from your last pay instead of airfare.
Collecting on it might be another battle. I would negotiate what I could and try to move on.
If it is after the first month, I would think you would need a 1 month notice or pay for the second month. So, there you could offer to get a release letter and full payment for the 1st month instead of dealing with the second month. Easier to move on.
If it is the second month, ask for 1/3 airfare.
If it is the third month, ask for 1/2 airfare.
If it is the 4th month, ask for 2/3 airfare.
If it is the 5th month, ask for 80% of airfare.
Just an idea |
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zombiedog
Joined: 03 Oct 2011
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| Posted: Mon Sep 10, 2012 3:46 pm Post subject: |
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I'm not asking about collecting it, I'm asking about having to pay it back to the school.
Let's say, for example, you get the distinct impression the hagwon is going to try and fire you in your 5th month, right before you reach that 6 month mark.
IF there is nothing in your contract about paying back the school for the cost of the airfare to bring you over here, does the school have legal grounds to withhold the cost of airfare from your last pay check? |
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viciousdinosaur
Joined: 30 Apr 2012
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| Posted: Mon Sep 10, 2012 4:44 pm Post subject: |
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| zombiedog wrote: |
I'm not asking about collecting it, I'm asking about having to pay it back to the school.
Let's say, for example, you get the distinct impression the hagwon is going to try and fire you in your 5th month, right before you reach that 6 month mark.
IF there is nothing in your contract about paying back the school for the cost of the airfare to bring you over here, does the school have legal grounds to withhold the cost of airfare from your last pay check? |
Careful with that word "legal". People might get the impression that if it was illegal they could actually do something about it. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Sep 10, 2012 5:40 pm Post subject: |
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| zombiedog wrote: |
What are the facts about having to reimburse the school for the cost of airfare?
If you are fired before 6 months do you have to pay them back?
And what if there is nothing in your contract that says anything about having to pay back the airfare? |
It is strictly a contractual matter.
There is NOTHING in labor law in regards to airfare or airfare repayment.
If you were foolish enough to not have the issue covered in your contract then you may be in for a civil fight over it.
Typical POLICY within the industry is to waive airfare in after 6 months and provide airfare out after 1 year but it is NOT law.
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Mon Sep 10, 2012 8:31 pm Post subject: |
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| zombiedog wrote: |
| I'm not asking about collecting it, I'm asking about having to pay it back to the school. |
You are not and should not argue paying back anything. Read carefully.
It is collection because airfare was most certainly paid for (hence, you didn't fly to Korea for free, someone paid). Either you are collecting on money you used to get the ticket or you are collecting on wages held from you because the school paid airfare.
If you paid for the airfare and did not get reimbursed, then you are pretty much out of luck unless the school is generous.
If you were reimbursed or the school paid for the flight, then you have a fighting chance because the legal issue is NOT the airfare but them withholding wages from your last pay. This to me is a stronger case.
You cannot get help from labor board for airfare, but you CAN get help from labor board for unpaid wages.
Make sense? Understand now?
| Quote: |
Let's say, for example, you get the distinct impression the hagwon is going to try and fire you in your 5th month, right before you reach that 6 month mark.
IF there is nothing in your contract about paying back the school for the cost of the airfare to bring you over here, does the school have legal grounds to withhold the cost of airfare from your last pay check? |
As stated, in the 5th month, I would want 80% of the airfare.
This means I would NOT want 80% of the airfare deducted from my last pay. If they skimmed off a little because I didn't work the 6th month, no complaints.
Example:
Salary is 2,200,000 and they want me to leave at the end of the 5th month. Airfare cost them $1,000 USD = 1,130,000 won
80% of the airfare is then 900,000 won (This is what you don't want deducted)
20% would then be about 250,000 (This is what you can start expecting to give them, maybe more)
If the school doesn't want me to take legal action, then I would want about 1,900,000 (minus the other deductions in the contract, perhaps bringing it down to 1,700). This is assuming the contract doesn't state anything about me having to pay back 100% of the airfare before 6 months.
Settling for less than 1,500,000 would have to depend on when I found another school and how cooperative the school I was leaving was. |
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zombiedog
Joined: 03 Oct 2011
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| Posted: Tue Sep 11, 2012 7:06 am Post subject: |
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| ok, thank you, YTMND and ttompatz. it helps clear things up. |
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