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Fined because a student quit?
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kavanluc



Joined: 15 May 2013

PostPosted: Sun Jun 09, 2013 10:37 pm    Post subject: Fined because a student quit? Reply with quote

My boss just informed me that a student quit because of me, and that I would be fined 800,000W for this. He made me sign a note that said if I was unhappy with this, I would be fired immediately.

I've never heard of this before and I am skeptical this is legal. Thoughts?


To tell what happened, I scolded a student in a way that I have scolded many students before. Nothing over the top, not even yelling or anything like that. However, I managed to 'scare' her. Her parents came in to school crying and yelling and made a huge scene.

Basically, due to their crazy overreaction, I'm being fined quite a large amount of money.

Also, because of the threat of being fired, I'm afraid to do anything right now. I finish my contract in three weeks. Would it be too late to take legal action after the contract is finished?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Jun 09, 2013 10:43 pm    Post subject: Reply with quote

It is illegal under the labor standards act.
www.moel.go.kr/english/download_eng.jsp?type=&file=(31)LABORSTANDARDSACT_2012.pdf

labor standards wrote:
Article 95 (Limitation on Punitive Provisions)
If a punitive reduction in wages for a worker is stipulated
in the rules of employment, the reduction amount for each
infraction shall not exceed half of one day's average wages, and
the total amount of reduction shall not exceed one-tenth of the
total amount of wages during each period of wage payment.


Tell them to pee off and file a complaint with the labor board if they take the money.

If you are in your last month or 2 of your contract they may be trying to force an 11th month termination (or get you to quit so they get out of severance and airfare). Again, illegal.

If you are in your 11th month then the labor board is a viable option.

If not, then look at China, Taiwan or Thailand for next month if you get fired (since you are unlikely to get a LOR so finding a new job in Korea will be problematic).

.


Last edited by ttompatz on Mon Jun 10, 2013 5:31 am; edited 2 times in total
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Lucas



Joined: 11 Sep 2012

PostPosted: Sun Jun 09, 2013 10:44 pm    Post subject: Reply with quote

Quote:
My boss just informed me that a student quit because of me, and that I would be fined 800,000W for this. He made me sign a note that said if I was unhappy with this, I would be fired immediately.

I've never heard of this before and I am skeptical this is legal. Thoughts?


To tell what happened, I scolded a student in a way that I have scolded many students before. Nothing over the top, not even yelling or anything like that. However, I managed to 'scare' her. Her parents came in to school crying and yelling and made a huge scene.

Basically, due to their crazy overreaction, I'm being fined quite a large amount of money.

Also, because of the threat of being fired, I'm afraid to do anything right now. I finish my contract in three weeks. Would it be too late to take legal action after the contract is finished?


Mistake no 1 - you signed a form! Crying or Very sad

Are you expecting to get your severance? Maybe you can get them to put that in writing! Shocked
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young_clinton



Joined: 09 Sep 2009

PostPosted: Sun Jun 09, 2013 11:16 pm    Post subject: Reply with quote

Lucas wrote:

Mistake no 1 - you signed a form! Crying or Very sad

Are you expecting to get your severance? Maybe you can get them to put that in writing! Shocked


It doesn't matter if you signed a form stipulating a contractual obligation that's illegal. Start looking for another job in Korea as soon as possible to replace your current job when it's over. Then take this sucker to court when you are secure.
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transmogrifier



Joined: 02 Jan 2012
Location: Seoul, South Korea

PostPosted: Sun Jun 09, 2013 11:25 pm    Post subject: Reply with quote

That is unacceptable by the boss; tell him to go jump and start looking for another job.

Also: never sign anything that is not that initial contract.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Mon Jun 10, 2013 2:14 am    Post subject: Reply with quote

Quote:
I scolded a student in a way that I have scolded many students before.


Quote:
I finish my contract in three weeks.


You don't scold with only 3 weeks left. Regardless if you are in the right or not, you did this to yourself. When you reach the 11th month mark, tone it down.

It's not worth it now to fight for the money lost. Consider this a lesson learned.

However, make sure to get your last pay, severance, flight home, and check your pension. If everything is ok with that, then 800,000 is not a big loss. Don't challenge it. Move on, use them for a letter of release.

And, DON'T CAUSE TROUBLE IN THE CLASSROOM. You only have 3 weeks. CHILL DUDE, CHILL!!! Take it easy. Scold earlier on, but when you are ending a contract you should be ending on a good note.

Don't give them another reason to do this. Be the perfect teacher up until then end. You can always revisit and tell them what you really feel after it is all said and done. I would rather make friends with parents of another student, and then after I got all my money and found a new place have them take their child out of the school too.

Then I would make a phone call to the school letting them know you know that another student left and they will lose a lot more than 800,000 this way.

However, if you fight them on this, you will not win unless they screw up.
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transmogrifier



Joined: 02 Jan 2012
Location: Seoul, South Korea

PostPosted: Mon Jun 10, 2013 2:51 am    Post subject: Reply with quote

YTMND wrote:

It's not worth it now to fight for the money lost. Consider this a lesson learned.
.


You sure give out a lot of advice for someone who gives out terrible advice. I hope no-one on these boards is silly enough to listen to you.

About anything.
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tophatcat



Joined: 09 Aug 2006
Location: under the hat

PostPosted: Mon Jun 10, 2013 3:28 am    Post subject: Reply with quote

transmogrifier wrote:
YTMND wrote:

It's not worth it now to fight for the money lost. Consider this a lesson learned.
.


You sure give out a lot of advice for someone who gives out terrible advice. I hope no-one on these boards is silly enough to listen to you.

About anything.


+1
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EZE



Joined: 05 May 2012

PostPosted: Mon Jun 10, 2013 3:44 am    Post subject: Reply with quote

I bet he hasn't paid you a 800,000 won bonus for each additional student in your classes since you began your contract.

He didn't fine you because the school lost a student. He fined you because he's a crook who wants 800,000 won of your money and it's his pathetic attempt to justify stealing it.
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Nolos



Joined: 23 Oct 2011

PostPosted: Mon Jun 10, 2013 4:05 am    Post subject: Reply with quote

You managed to "scare" a female student? What did you do, pull out a rusty screwdriver with a Jason mask on?

I swear some people just aren't cut out to be teachers. And yes, I am a licensed teacher in my home country and would never try to "scare" a student. What are you, 10? Rolling Eyes
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Mon Jun 10, 2013 4:11 am    Post subject: Re: Fined because a student quit? Reply with quote

kavanluc wrote:
My boss just informed me that a student quit because of me, and that I would be fined 800,000W for this. He made me sign a note that said if I was unhappy with this, I would be fired immediately.

I've never heard of this before and I am skeptical this is legal. Thoughts?


To tell what happened, I scolded a student in a way that I have scolded many students before. Nothing over the top, not even yelling or anything like that. However, I managed to 'scare' her. Her parents came in to school crying and yelling and made a huge scene.

Basically, due to their crazy overreaction, I'm being fined quite a large amount of money.

Also, because of the threat of being fired, I'm afraid to do anything right now. I finish my contract in three weeks. Would it be too late to take legal action after the contract is finished?


The fine is likely illegal so the Labor Board is an option.

Depending on your relationship with your employer there could be other options but that is hard to tell since we do not know. Still, if your employer threatened to fire you if you did not sign the form and pay the fine, you seem to be dealing with a bad relationship.

I would say follow the advise ttom gave you earlier in the thread.
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Stan Rogers



Joined: 20 Aug 2010

PostPosted: Mon Jun 10, 2013 7:13 am    Post subject: Reply with quote

It's really sad to see this kind of stuff still continuing to happen.

The government really needs to give the Labor Board more teeth in dealing with these types of people. Perhaps they should increase the fines. That'll get their attention.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Mon Jun 10, 2013 8:19 am    Post subject: Reply with quote

Quote:
You sure give out a lot of advice for someone who gives out terrible advice. I hope no-one on these boards is silly enough to listen to you.


You sure give no advice. I am saying suck it up and make the school lose more money. When you are ready to meet me at my intellectual level, you will see the wisdom I am spewing.

I can assure you losing 800,000 won can easily be tripled on the opponent's side.

You are somehow convinced by some Western ideology that if you are wronged out of 1 dollar, you can get that 1 dollar in court.

I am saying you can cost them 1,000 dollars for the price of one. It's up to you "mate".

Do you want to work for 1 dollar, or do you want to screw them for 1,000? I am not saying give up and runaway. I am saying wait until they stop, and then strangle them.

Do you understand this concept or do I need to draw graphs? I am serious. I have have been screwed before and I took adequate revenge. They are not happy about it in the end. They do NOT want to talk to me again after I take revenge on them.
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tardisrider



Joined: 13 Mar 2003
Location: Seoul

PostPosted: Mon Jun 10, 2013 8:51 am    Post subject: Reply with quote

I'd kinda like to see the graphs. They'd probably look cool.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Mon Jun 10, 2013 9:51 am    Post subject: Reply with quote

http://2.bp.blogspot.com/_sY9FRN6Xib4/S-GNl7qLSvI/AAAAAAAAdb8/ZD0lmOBIzEY/s1600/funny_graphs_and_charts_17.jpg

There's your chart, all secrets told.
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