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Korean Job Discussion Forums
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Dr. Lipschitz
Joined: 30 Aug 2013
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 Posted: Thu May 21, 2015 12:46 am Post subject: Re: n |
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| kavanluc wrote: |
| schwa wrote: |
| I suggest you edit out the company's name above in this thread. Accusing them of illegal activity online might come back to bite you, whether its accurate or not. |
when i still had my E2 visa they were setting me up with private lessons. i know for a fact that is what most of their business is. however, point taken... i took the name out. |
Haha! Really you took his name out?
Your contract has the company name watermarked in the background, along with the managers name...
Me thinks you need to think more and logically about issues... |
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Alias77
Joined: 28 Aug 2006
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| Posted: Thu May 21, 2015 10:43 pm Post subject: |
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| ttompatz wrote: |
| kavanluc wrote: |
| Here there are very clearly detailed guidelines regarding giving notice, and also mentions of indemnity. While I am sure I did not sign this contract, I am worried these are the conditions my boss is referring to. Also, as there are no other teachers, it's possible there may be legitimate damages caused by my leaving. And I guess to be perfectly honest I'm not 100% sure I didn't sign it, maybe like 99%. Anyway, there's a pretty serious error on the first page regarding my pay, which it states would be 30,000 / day. |
Also violations of Article 20 (Prohibition of Predetermination of Nonobservance)
No employer shall enter into a contract by which a penalty
or indemnity for possible damages incurred from breach of a
labor contract is predetermined.
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That's very interesting. So, does that mean all of those contracts that threaten to take out airfare if you don't complete X number of months are illegal?
My former Korean co-teacher even got threatened with some kind of heavy monetary penalty for quitting before less than 6 months in her newest contract. I told her not to take the job because foreign teachers wouldn't accept that. It just blows my mind how so many ridiculous conditions are put into these contracts to scare and intimidate.
What I want to know is where the hell are the protections against wasting time and compensation for people that have to push through a legal process against companies that try to pull this stuff? It seems that even putting it into writing in a contract should make the company liable for having broken the law. |
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nicwr2002
Joined: 17 Aug 2011
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| Posted: Fri May 22, 2015 12:18 am Post subject: |
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| Alias77 wrote: |
| ttompatz wrote: |
| kavanluc wrote: |
| Here there are very clearly detailed guidelines regarding giving notice, and also mentions of indemnity. While I am sure I did not sign this contract, I am worried these are the conditions my boss is referring to. Also, as there are no other teachers, it's possible there may be legitimate damages caused by my leaving. And I guess to be perfectly honest I'm not 100% sure I didn't sign it, maybe like 99%. Anyway, there's a pretty serious error on the first page regarding my pay, which it states would be 30,000 / day. |
Also violations of Article 20 (Prohibition of Predetermination of Nonobservance)
No employer shall enter into a contract by which a penalty
or indemnity for possible damages incurred from breach of a
labor contract is predetermined.
. |
That's very interesting. So, does that mean all of those contracts that threaten to take out airfare if you don't complete X number of months are illegal?
My former Korean co-teacher even got threatened with some kind of heavy monetary penalty for quitting before less than 6 months in her newest contract. I told her not to take the job because foreign teachers wouldn't accept that. It just blows my mind how so many ridiculous conditions are put into these contracts to scare and intimidate.
What I want to know is where the hell are the protections against wasting time and compensation for people that have to push through a legal process against companies that try to pull this stuff? It seems that even putting it into writing in a contract should make the company liable for having broken the law. |
It just means it is a terrible place to work with a high turn over rate. They try to put that in contracts to stop the turn over, but it just makes it worse. Like a lot of people have said on this forum over the years, there are a lot of people who start a business with no idea of how to run it. They just see Won signs and set up shop with no true business mind or care for their employees. |
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nate1983
Joined: 30 Mar 2008
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| Posted: Thu Jun 04, 2015 9:22 pm Post subject: |
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| nicwr2002 wrote: |
There isn't anything he can sue you over. Did he pay for your plane ticket? I assume he didn't though. Even if he did, there isn't anything he could sue you for. |
What are you talking about? Of course he can be sued - damages would likely be the cost (including time) to find an equivalent replacement hire, as well as any other sunk costs such as a ticket over, prepaid apartment rental, training expenses. If a replacement can't be found and that causes the school to lose business, a lawyer could even argue for consequential damages resulting from that.
Also violations of Article 20 (Prohibition of Predetermination of Nonobservance)
No employer shall enter into a contract by which a penalty
or indemnity for possible damages incurred from breach of a
labor contract is predetermined.
That just means liquidated damages clauses won't be enforced, and that damages will be calculated in the normal way. In the US at least, you could be held liable for walking away from the job since it has a stipulated period of one year. |
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