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Making a concession not stated in contract

 
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World Traveler



Joined: 29 May 2009

PostPosted: Tue Feb 24, 2015 3:48 pm    Post subject: Making a concession not stated in contract Reply with quote

A friend of mine was offered an interview for an EPIK job for an ASAP March start.

The recruiter sent her an email stating those within Korea do not receive the entrance allowance (trying to get her to agree in writing I guess).

However, the contract she received does not indicate this. (Some districts have written this into their contract, but EPIK hasn't...yet.)

Should she agree (for fear of not being hired otherwise)?

On one hand, she is female and can start right away which gives a lot of leverage.

On the other hand, the market is flooded (even for females?) and public school jobs are scarce.

I told her to stand firm because 1,300,000 is a lot of money plus it is a matter of principle.

I dunno if that is good advice though; I'm starting to have second thoughts. What do you think?
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schwa



Joined: 18 Jan 2003
Location: Yap

PostPosted: Tue Feb 24, 2015 4:02 pm    Post subject: Reply with quote

I think she'll find that its a firm policy & not negotiable.
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World Traveler



Joined: 29 May 2009

PostPosted: Tue Feb 24, 2015 4:15 pm    Post subject: Reply with quote

It's a firm policy (yet not stated in contracts)? That's weird.

And the non-negotiable part is false.

Last year a recruiter tried to pull that trick on me (do they get kick backs from the education office for getting people to forgo the allowance?) and I said, well, nowhere in the contract does it say those in country don't get it; rather, it says, F-visa holders in country are not eligible, plus your recruiting ad advertises the entrance allowance; funny how you should wait until the last minute to slip this in. The recruiter messaged back and said well the MOE normally doesn't do this but they are desperate for a teacher right away so they will.

BUT then again that was last year when the job market was better. If my friend stands her ground/tries to ask for the contract to be followed she may miss out on getting a job, in which case I will feel terrible.
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beentheredonethat777



Joined: 27 Jul 2013
Location: AsiaHaven

PostPosted: Tue Feb 24, 2015 5:43 pm    Post subject: Re: Making a concession not stated in contract Reply with quote

[quote="World Traveler"]A friend of mine was offered an interview for an EPIK job for an ASAP March start.

The recruiter sent her an email stating those within Korea do not receive the [b]entrance allowance (trying to get her to agree in writing I guess).
[/b]


Entry Allowance means entering the country, right?
This is kind of self- explanatory.
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happyinhenan



Joined: 01 Feb 2015

PostPosted: Tue Feb 24, 2015 5:43 pm    Post subject: Reply with quote

It depends, does she have experience? Does she have decent qualifications? Does should have anything about her that suggests the school would want her 'no matter what'?

I wouldn't have advised her what you did, if it goes *beep* up, she will blame you. Confused
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schwa



Joined: 18 Jan 2003
Location: Yap

PostPosted: Tue Feb 24, 2015 5:52 pm    Post subject: Re: Making a concession not stated in contract Reply with quote

beentheredonethat777 wrote:
Entry Allowance means entering the country, right?
This is kind of self- explanatory.

Thats precisely how Gangwon epik interprets the contract. Ditto "exit allowance."
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World Traveler



Joined: 29 May 2009

PostPosted: Tue Feb 24, 2015 6:42 pm    Post subject: Reply with quote

Different provinces have different wording in their contracts. What does it say (in the Gangwondo one)?
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World Traveler



Joined: 29 May 2009

PostPosted: Tue Feb 24, 2015 6:48 pm    Post subject: Reply with quote

This is what the general EPIK one (latest version) says:

https://www.epik.go.kr/contents.do?contentsNo=54&menuNo=283
Quote:
Upon beginning the Term of Employment, the Employee shall receive a 1,300,000 Korean Won (KRW) Entrance Allowance.

Quote:
If the Employee has an F-class visa and is residing in Korea, the Employee shall not receive an Entrance Allowance for the commencement of the new Term of Employment.

Looks pretty clear to me.
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World Traveler



Joined: 29 May 2009

PostPosted: Tue Feb 24, 2015 6:50 pm    Post subject: Reply with quote

MOEs are interpreting it as, "If the Employee has an F-class visa and is residing in Korea, the Employee shall not receive an Entrance Allowance for the commencement of the new Term of Employment."?
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nicwr2002



Joined: 17 Aug 2011

PostPosted: Tue Feb 24, 2015 10:38 pm    Post subject: Reply with quote

So, to clear up the confusing they should put a "or" and not an "and." Those on F class visa or those residing in Korea shall not receive the entrance allowance.
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World Traveler



Joined: 29 May 2009

PostPosted: Tue Feb 24, 2015 10:43 pm    Post subject: Reply with quote

Right. And the Korean should be changed as well:

국내에 거주하고 있는 F 계열 비자소지자는 신규 고용계약에 따른 신규계약지원비를 지급 받지 않는다.

You think they're not going to give the 1,300,000 to first time 교포s? Yeah right.
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earthquakez



Joined: 10 Nov 2010

PostPosted: Wed Feb 25, 2015 12:45 am    Post subject: Reply with quote

The following is an incredibly important rule of thumb when looking at an offered contract by Koreans to teach English in Korea - it is what is WRITTEN IN KOREAN THAT COUNTS. Bottom line.

Yes, that is unfair and borderline sleazy but anything in English is simply a guide and does not necessarily have to be adhered to. Believe me, it happened to me my first time in Korea. I received a contract and the English simply had that my employer would pay the apartment rent. The employee would pay electricity, water and gas.

But in Korean it was written that the employee would be responsible for all other fees and taxes. Literally it had taxes written in there. That could have meant I was hit up for the deposit on the apartment although the recruiter said I wasn't expected to pay for it.

I asked the recruiter to get the school to write that it was responsible for the deposit and all fees and taxes apart from electricity, water and gas charges. He refused, I refused to sign. Finally I received a rewritten contract with the necessary changes in Korean and in English.

Legally it is the Korean the counts in the contract whether that is unfair, sly or just unthinking. Even with the flooded market now if I were in Korea seeking work or seeking work outside Korea I would be very sure that the contract in Korean said the same thing as the contract in English.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Thu Feb 26, 2015 4:28 am    Post subject: Reply with quote

earthquakez wrote:
The following is an incredibly important rule of thumb when looking at an offered contract by Koreans to teach English in Korea - it is what is WRITTEN IN KOREAN THAT COUNTS. Bottom line.

Yes, that is unfair and borderline sleazy but anything in English is simply a guide and does not necessarily have to be adhered to. Believe me, it happened to me my first time in Korea. I received a contract and the English simply had that my employer would pay the apartment rent. The employee would pay electricity, water and gas.

But in Korean it was written that the employee would be responsible for all other fees and taxes. Literally it had taxes written in there. That could have meant I was hit up for the deposit on the apartment although the recruiter said I wasn't expected to pay for it.

I asked the recruiter to get the school to write that it was responsible for the deposit and all fees and taxes apart from electricity, water and gas charges. He refused, I refused to sign. Finally I received a rewritten contract with the necessary changes in Korean and in English.

Legally it is the Korean the counts in the contract whether that is unfair, sly or just unthinking. Even with the flooded market now if I were in Korea seeking work or seeking work outside Korea I would be very sure that the contract in Korean said the same thing as the contract in English.


Unless the contract starts out with something stating that the English version is only there for convenience and that the Korean version is the only official one, you can use it in court. In fact, even if it states something like that, you might still win if the court feels that a bad translate was intended to deceive the employee.
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