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ndsnakes
Joined: 07 Feb 2014
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 Posted: Sun Feb 09, 2014 7:25 pm Post subject: Hagwon director refusing me return airfare |
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Hello,
My contract states that I will receive return air transportation at the end of my contract. My director knows that I intend to stay in Korea after my contract. There is nothing in the contract that mentions what should happen in this situation. I asked her about it and she said "If you stay in Korea, you get nothing." Then she immediately changed the topic.
What can I do about this? Has anyone else had a similar situation?
Thanks |
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CentralCali
Joined: 17 May 2007
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| Posted: Sun Feb 09, 2014 7:50 pm Post subject: |
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You'll have to do what a friend and I had to do when a scummy hagweon owner pulled that stunt on us. We threatened to sue her. As she was already losing the case we started against her at the Labor Board, she caved.
Basically, you'll have to wait until you get your new visa sorted and then take her to court. |
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wings
Joined: 09 Nov 2006
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| Posted: Sun Feb 09, 2014 10:43 pm Post subject: |
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It depends on the exact wording of the contract. If the contract says the school will provide "return air transportation at the end of my contract" the school is obligated to buy you a ticket to the location that you arrived from. If you don't want to take the ticket they are not obligated to give you anything else.
What is the exact wording of the contract? |
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ndsnakes
Joined: 07 Feb 2014
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| Posted: Sun Feb 09, 2014 11:32 pm Post subject: |
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It says exactly that, air transportation after completing my contract.
Maybe I can ask her to give me cash else I'll take a weekend trip home? lol |
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nicwr2002
Joined: 17 Aug 2011
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| Posted: Mon Feb 10, 2014 12:53 am Post subject: |
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| If you aren't going home, then you aren't entitled to return airfare. That's why it is return airfare and not just, "I'll give you extra money so you can go somewhere else on the hagwons dime," money. Just make sure you get return airfare at the new school. |
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CentralCali
Joined: 17 May 2007
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| Posted: Mon Feb 10, 2014 1:07 am Post subject: |
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| nicwr2002 wrote: |
| If you aren't going home, then you aren't entitled to return airfare. That's why it is return airfare and not just, "I'll give you extra money so you can go somewhere else on the hagwons dime," money. Just make sure you get return airfare at the new school. |
You are mistaken. The OP clearly stated that his contract stated that he is to get return airfare upon the completion of his contract. Now, if the employer did not wish to provided that, then the prudent course of action was to either not include such a provision in the contract in the first place or to have it like the EPIK contract does (at least, it did a couple of years ago) and state that if the OP is permanently leaving Korea within a certain number of days after the contract, then and only then will they receive the return airfare.
"On the hagweon's dime" is a ridiculous way of putting it and is insulting. After all, the teacher has been living in Korea during the life of the contract on the hagweon's dime (pay, housing, other benefits). This is another contracted benefit. Again, if the employer didn't wish to pony up the money for the benefit, the employer should not have contracted same. |
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actionjackson
Joined: 30 Dec 2007
Location: Any place I'm at
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| Posted: Mon Feb 10, 2014 2:34 am Post subject: |
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| CentralCali wrote: |
| nicwr2002 wrote: |
| If you aren't going home, then you aren't entitled to return airfare. That's why it is return airfare and not just, "I'll give you extra money so you can go somewhere else on the hagwons dime," money. Just make sure you get return airfare at the new school. |
You are mistaken. The OP clearly stated that his contract stated that he is to get return airfare upon the completion of his contract. Now, if the employer did not wish to provided that, then the prudent course of action was to either not include such a provision in the contract in the first place or to have it like the EPIK contract does (at least, it did a couple of years ago) and state that if the OP is permanently leaving Korea within a certain number of days after the contract, then and only then will they receive the return airfare.
"On the hagweon's dime" is a ridiculous way of putting it and is insulting. After all, the teacher has been living in Korea during the life of the contract on the hagweon's dime (pay, housing, other benefits). This is another contracted benefit. Again, if the employer didn't wish to pony up the money for the benefit, the employer should not have contracted same. |
Actually the OP only used the word airfare in the title. In both their responses they mention air transportation, which some could interpret as airfare. I'd interpret it as the school would buy the ticket instead of providing money for it. And since the contract states they would provide air transportation, it could then be reasonably argued that the school has fulfilled it's obligations as the OP is not flying home so there is no need for them to provide any type of transportation. |
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nicwr2002
Joined: 17 Aug 2011
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| Posted: Mon Feb 10, 2014 3:34 am Post subject: |
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| CentralCali wrote: |
| nicwr2002 wrote: |
| If you aren't going home, then you aren't entitled to return airfare. That's why it is return airfare and not just, "I'll give you extra money so you can go somewhere else on the hagwons dime," money. Just make sure you get return airfare at the new school. |
You are mistaken. The OP clearly stated that his contract stated that he is to get return airfare upon the completion of his contract. Now, if the employer did not wish to provided that, then the prudent course of action was to either not include such a provision in the contract in the first place or to have it like the EPIK contract does (at least, it did a couple of years ago) and state that if the OP is permanently leaving Korea within a certain number of days after the contract, then and only then will they receive the return airfare.
"On the hagweon's dime" is a ridiculous way of putting it and is insulting. After all, the teacher has been living in Korea during the life of the contract on the hagweon's dime (pay, housing, other benefits). This is another contracted benefit. Again, if the employer didn't wish to pony up the money for the benefit, the employer should not have contracted same. |
If the contract stated that he would get airfare or a cash settlement in case he was not going home at the end of the contract then yes he would be entitled to that money. However, the contract doesn't state that, and only states air transportation. He will be provided return airfare once he completes the contract, and that is a job benefit. Unfortunately, he is not going home and that cancels out that benefit. It's only a benefit if you are actually going home is what I'm saying. It's a little arrogant to think that you receive severance and another possible $1000 or more for something you won't use for the purpose it was meant to be used for.
I think we are always looking out for that shady hagwon owner and have a reason to be, but this is just common. Even when they write these contracts their English isn't good enough, and I'm sure the implied meaning is you have to actually go home to receive the airfare money. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Mon Feb 10, 2014 3:47 am Post subject: |
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I would agree that the OP won't get anything if he's not actually going home after the contract. That's probably the same thing that the LB will tell him. If he insists that he wants a plane ticket home, he could probably get it (even if he doesn't use it) but that's won't be much use to him.
If he goes to the LB and tells them that he wants to go home for a week before starting the new contract, then they might call up the school and tell the boss to give him the plane ticket. If so, then the OP might be able to negotiate something with the boss. Maybe 75% of the cost of a ticket. That saves the boss something and the OP gets some cash (which it seems is his main goal). Similarly, if it seems that the LB agrees with him (they don't always take a stance on things other than holidays, work hours, work conditions and salary) and the boss still doesn't offer him a ticket, then he could possibly start the new job and then take the former employer to court and get something (probably a one way plane ticket). |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Mon Feb 10, 2014 3:59 am Post subject: |
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| Quote: |
| My director knows that I intend to stay in Korea after my contract. |
Transportation is given for purposes of necessity. You aren't asking for bus, taxi, or train fare along with airfare. It's just airfare is higher than the others so both sides want what is more beneficial to them.
Morally speaking, you shouldn't get it because it would just go into your pocket and not to an airline company. If you want that extra cash then you should have negotiated a higher salary or more benefits.
Legally, you could fight it. You might convince people to give you bus, taxi, and train fare also. Good luck if you try this. Contracts are written up with the premise you teach 1 year, finish the 1 year and go home. Nothing accounts for a second year. When you decide to do a second year, your actions no longer reflect the spirit of the contract you signed. |
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ndsnakes
Joined: 07 Feb 2014
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| Posted: Mon Feb 10, 2014 5:50 am Post subject: |
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| New school isn't offering a plane ticket, I would actually be using the money to buy a ticket later, not to pocket it - but that's irrelevant. What if the school bought a ticket a year down the road? Would that be a reasonable request? |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Mon Feb 10, 2014 6:31 am Post subject: |
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| ndsnakes wrote: |
| New school isn't offering a plane ticket, I would actually be using the money to buy a ticket later, not to pocket it - but that's irrelevant. What if the school bought a ticket a year down the road? Would that be a reasonable request? |
Who do you think you are talking to? I am not some fresh out of the pond gullible guppy. Let's do the math.
Schools 1 and 2 = 2 employers total
Flights to and from Korea = 2 total
Flight reimbursement = 1 to Korea and one 1 back home
If you go to School 2, you will have the same conditions in the contract. However, since you are already in Korea, they won't pay for a flight to Korea just like School 1 doesn't want to pay for a flight out of Korea since you are not leaving Korea.
Think of it like a baton. They paid to get you to Korea and saved money by giving you a transfer letter. Now you can work a second year with School 2.
School 2 will save money by hiring you instead of me (I am not in Korea and would need the airfare). They should be the one to pay for your flight home after a year.
Win Win Win situation for all three, no unjust enrichment.
| Quote: |
| I would actually be using the money to buy a ticket later, not to pocket it - but that's irrelevant |
It is relevant because then the second school would have to pay you for the flight home. If you already have a ticket as you are proposing, then you would be pocketing that money. If they didn't give you it, then School 1 would be paying for a flight to Korea and then School 2 would just be using them because they wouldn't pay.
This is not like mom and dad giving you allowance money. You can't just ask either and assume it will all get settled in the end. School 1 isn't married to School 2.
You are employed by School 1. When you finish with School 1, all ties are broken. You move on. It is now School 2's obligation to fund the transportation, not School 1. |
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actionjackson
Joined: 30 Dec 2007
Location: Any place I'm at
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| Posted: Mon Feb 10, 2014 3:57 pm Post subject: |
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| ndsnakes wrote: |
| New school isn't offering a plane ticket, I would actually be using the money to buy a ticket later, not to pocket it - but that's irrelevant. What if the school bought a ticket a year down the road? Would that be a reasonable request? |
No. Maybe someone can help me out but I can't think of any instance where you could seek benefits from an employer you haven't worked for for more than a year. It says the end of the contract, not any time you're ready to leave. |
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ndsnakes
Joined: 07 Feb 2014
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| Posted: Mon Feb 10, 2014 5:14 pm Post subject: |
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| Sorry, I mean what if they bought the ticket now, dated a year from now? is it even possible to buy a ticket so far in advance? |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Mon Feb 10, 2014 6:13 pm Post subject: |
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| ndsnakes wrote: |
| Sorry, I mean what if they bought the ticket now, dated a year from now? is it even possible to buy a ticket so far in advance? |
It's not done. Don't make things so complicated. Just try to negotiate a percentage of what a ticket would cost. Otherwise try to get an actual ticket.
The new school should either be paying you for a ticket after 6 months or they should be offering you more salary. If they aren't you should be looking elsewhere because the school doesn't sound like it's very upright. |
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