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samd
Joined: 03 Jan 2007
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 Posted: Tue Apr 28, 2015 5:50 am Post subject: Contract requires paying training fee and recruiter fee |
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In my contract it says if I leave before completing one year I have to pay for the cost of the training course I did prior to starting, and pay the recruiter fee for my replacement.
Is this legal? If not, how can I go about preventing my school from making these deductions from my final paycheck? |
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Porksta
Joined: 05 May 2011
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| Posted: Tue Apr 28, 2015 6:10 am Post subject: |
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| Tell them you won't sign the contract until they are removed. |
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CentralCali
Joined: 17 May 2007
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| Posted: Tue Apr 28, 2015 8:24 am Post subject: |
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| Better yet, tell them to sod off. Look for a job with another outfit. |
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Sector7G
Joined: 24 May 2008
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| Posted: Tue Apr 28, 2015 8:50 am Post subject: Re: Contract requires paying training fee and recruiter fee |
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| samd wrote: |
In my contract it says if I leave before completing one year I have to pay for the cost of the training course I did prior to starting, and pay the recruiter fee for my replacement.
Is this legal? If not, how can I go about preventing my school from making these deductions from my final paycheck? |
One way would be to complete the entire year.
| Porksta wrote: |
| Tell them you won't sign the contract until they are removed. |
This would be another way, although there is no guarantee they will agree, which leads to a third way....
| CentralCali wrote: |
| Tell them to sod off. Look for a job with another outfit. |
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FastForward
Joined: 04 Jul 2011
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| Posted: Tue Apr 28, 2015 3:21 pm Post subject: Re: Contract requires paying training fee and recruiter fee |
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| samd wrote: |
In my contract it says if I leave before completing one year I have to pay for the cost of the training course I did prior to starting, and pay the recruiter fee for my replacement.
Is this legal? If not, how can I go about preventing my school from making these deductions from my final paycheck? |
Is this a CDI contract? I've seen that in their contracts before. You can either ask them to remove it or accept it and sign the contract. If you have other job offers move along and take something else. |
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pmwhittier
Joined: 03 Nov 2011
Location: Korea
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| Posted: Tue Apr 28, 2015 4:26 pm Post subject: |
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| In the OP, it states, "in MY contract." So this contract is already in force. Either finish the contract, or fight it. If you fight it (labor board, etc...) be prepared for a fight that is rarely worth any meager positive outcome. |
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BigBuds
Joined: 15 Sep 2005
Location: Changwon
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| Posted: Wed Apr 29, 2015 12:23 am Post subject: |
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Those penalty deductions are completely illegal under Korean labor laws whether you've signed a contract or not. The labor board will back this up but it won't be easy getting your money back. Contracts don't trump labor laws!
Schools that put this illegal crap in their contracts will screw a teacher out of their last months salary if they give proper notice. If you intend to quit, don't give them a months notice and let them screw you over, get your pay check and then disappear the next day. Make sure you're prepared to leave the day after pay day, as in get out of your apartment before they come looking for you.
This is called a midnight runner.
I don't usually condone this but schools that make it quite obvious that they will screw you over with illegal contractual clauses deserve to be screwed over themselves.
Maybe one day they'll learn, but I doubt it. |
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happyinhenan
Joined: 01 Feb 2015
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| Posted: Wed Apr 29, 2015 2:57 am Post subject: |
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| CentralCali wrote: |
| Better yet, tell them to sod off. Look for a job with another outfit. |
The correct answer!  |
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CentralCali
Joined: 17 May 2007
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| Posted: Wed Apr 29, 2015 3:23 am Post subject: Re: Contract requires paying training fee and recruiter fee |
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| FastForward wrote: |
| samd wrote: |
In my contract it says if I leave before completing one year I have to pay for the cost of the training course I did prior to starting, and pay the recruiter fee for my replacement.
Is this legal? If not, how can I go about preventing my school from making these deductions from my final paycheck? |
Is this a CDI contract? I've seen that in their contracts before. You can either ask them to remove it or accept it and sign the contract. If you have other job offers move along and take something else. |
CDI has so many red flags they should just change the name to Red Flag Institute. |
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samd
Joined: 03 Jan 2007
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| Posted: Wed Apr 29, 2015 4:48 am Post subject: |
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Thanks for the replies everyone.
| BigBuds wrote: |
Those penalty deductions are completely illegal under Korean labor laws whether you've signed a contract or not. The labor board will back this up but it won't be easy getting your money back. Contracts don't trump labor laws!
Schools that put this illegal crap in their contracts will screw a teacher out of their last months salary if they give proper notice. If you intend to quit, don't give them a months notice and let them screw you over, get your pay check and then disappear the next day. Make sure you're prepared to leave the day after pay day, as in get out of your apartment before they come looking for you.
This is called a midnight runner.
I don't usually condone this but schools that make it quite obvious that they will screw you over with illegal contractual clauses deserve to be screwed over themselves.
Maybe one day they'll learn, but I doubt it. |
I'm pretty much resigned to having to do this. The last two people who gave the required notice didn't get paid for their last month at all.
| Quote: |
| Is this a CDI contract? |
Yes. I know I'm an idiot for signing with them. Someone I trusted recommended the school to me, but it turns out they were just trying to find a replacement for themselves so they could leave without getting fucked. Now the school has pulled every trick in the book and I've stupidly signed a contract which doesn't have a single clause in my favor.
In the process of getting new documents so I can quit and find a new job. |
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tanklor1
Joined: 13 Jun 2006
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| Posted: Wed Apr 29, 2015 7:55 am Post subject: Re: Contract requires paying training fee and recruiter fee |
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| samd wrote: |
In my contract it says if I leave before completing one year I have to pay for the cost of the training course I did prior to starting, and pay the recruiter fee for my replacement.
Is this legal? If not, how can I go about preventing my school from making these deductions from my final paycheck? |
Pppppppaaaaaaaasssssssssssssssssssssss!!!!!!!!!!!!!!!!!!!! |
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Bongotruck
Joined: 19 Mar 2015
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| Posted: Thu Apr 30, 2015 8:58 pm Post subject: |
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Not an idiot. Maybe a noob. No offense intended.
This is the sort of shit the government allows by making it illegal for foreigners to unionize. |
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Chaparrastique
Joined: 01 Jan 2014
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| Posted: Fri May 01, 2015 3:05 am Post subject: |
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| BigBuds wrote: |
| Contracts don't trump labor laws!. |
Exactly.
its amazing how many hogwon bosses a) don't know the basics of labor law and b) think they can get away with making up their own labor laws. |
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CentralCali
Joined: 17 May 2007
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| Posted: Sat May 02, 2015 1:10 am Post subject: |
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| Chaparrastique wrote: |
| BigBuds wrote: |
| Contracts don't trump labor laws!. |
Exactly.
its amazing how many hogwon bosses a) don't know the basics of labor law and b) think they can get away with making up their own labor laws. |
a) In my experience, the bosses know full well what the law is. They just don't care because of b).
b) Well, they can often get away with screwing over the foreign employees. Look at the number of Wonderland and CDI apologists who post here. The reason they get away with it is because of how stacked the deck is against the foreigner. Korea could easily fix that problem by removing the "ownership" of the visa from the employer.
Last edited by CentralCali on Sat May 02, 2015 1:29 am; edited 1 time in total |
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CentralCali
Joined: 17 May 2007
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| Posted: Sat May 02, 2015 1:25 am Post subject: |
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| samd wrote: |
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| Is this a CDI contract? |
Yes. I know I'm an idiot for signing with them. |
I'll probably get jumped on for saying this; however, by 2015 anyone who signs on with CDI does not deserve any sympathy whatsoever. Seriously, how can you not know the brand's reputation by now?
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| Someone I trusted recommended the school to me, but it turns out they were just trying to find a replacement for themselves so they could leave without getting fucked. |
That's called vested interest. It's why you never ever trust anyone who's currently working at a place when you call to see what it's like. You don't call to speak to anyone who's still working there. You call someone who used to work there and does not work for another affiliate of the place.
If you ever meet that person again, don't do anything illegal. But make mighty sure they realize how badly they screwed you over on their way out of a horrible situation.
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| Now the school has pulled every trick in the book and I've stupidly signed a contract which doesn't have a single clause in my favor. |
Actually, that does not matter that much since, as mentioned above, labor law is what rules. And do not believe for a second those idiotic foreigners or Koreans who say "the contract in Korea does not mean anything". That's rubbish, bunk, malarkey, horse apples, bull. It's absolutely incorrect. The first words out of the labor board investigator's mouth are going to be "Let me see your contract". He'll compare the contract to the labor law and go with what's legally more favorable for you. The courts do the same. Yes, contracts do matter provided they adhere to the labor law.
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| In the process of getting new documents so I can quit and find a new job. |
Good. |
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