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SpecialK
Joined: 25 Nov 2004
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Posted: Mon Feb 14, 2005 6:18 pm Post subject: |
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| If you're just looking for a story of a runner... at my first job, a girl who started when I did made a run back to Canada without telling anyone for fear that they may tell the boss. She finished her week on a Friday and sometime over the course of the weekend, she left. Naturally she didn't come in for her Monday classes. Everything from her apartment was gone, and she sent an email to us the following month saying she was sorry, but that she couldn't stand the boss anymore. Fair enough. She didn't want to come back and teach again either. |
Were there any repercussions of her running back to Canada besides her not being able to teach again? I am just really confused, lots of things going on and so many different options. I think it just makes me feel better knowing my options (not that I would necessarily choose to run). Just hearing my options makes it more liveable if that makes sense.
Thanks for writing everyone.  |
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ajstew
Joined: 04 Feb 2004 Location: Korea
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Posted: Mon Feb 14, 2005 6:35 pm Post subject: running |
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| Nope... nothing happened to her. The boss was busy enough as it was and didn't have time to continue worrying about her. He was more concerned about finding a replacement teacher for the day's classes. She was gone and wasn't coming back. Time for him to move on. |
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the eye

Joined: 29 Jan 2004
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Posted: Mon Feb 14, 2005 6:35 pm Post subject: |
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i'm leavin. on a jet plane.
don't know if i'll be back again.
lalala.
no, there is nothing your boss can do to you if you run. you can't be extradited from canada for breaking a contract in korea. nor, can he enforce any penalties on you once you are home. |
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SpecialK
Joined: 25 Nov 2004
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Posted: Mon Feb 14, 2005 7:05 pm Post subject: |
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A couple of people have PM'd me to ask what my contract is like. Here it is....
1.0 During the term of this agreement, employee will be required to prepare for, teach and carry out all required administrative duties connected with classes assigned by the employer. Hours spent in office preparing lessons, photocopying materials, student placement interveiws, and other work related to the institute shall not exceed 5hours per week. No regular schedule of work hours can be guaranteed to employee. Payment made for assigned teaching periods is inclusive of payment for preparation and administrative duties connected with those assigned classes. Employee agrees to attend meetings and training workshops scheduled by employer. The purpose of meetings and workshops is to inform employees of matters relating to employee��s duties and the institute��s operation, or to assist in employee��s professional development. No payment in excess of or in addition to employee��s monthly salary will be made for attending meetings, workshops or other events related to the institute schaduled by employer.
1.1 The maximum teaching requirement is an average of thirty(30) hours per week (Monday to Friday), such average being calculated over each month with each class being Sixty(60) minutes in length. It is also understood that the employee is required to be at the school for an average of fourty(40) hours per week, which includes the teaching hours as outlined above.
1.2 At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.
Compensation of Employee
2.0 Transportation: Employer will provide for employee a round-trip economy class ticket for passage to
Korea from an international airport(henceforth referred to as the ��point of departure��). The employer and
employee will mutually agree to the point of departure. On completion of the full contract period,
employer will provide for the employee an economy class ticket for passage from Korea to return to the
point of departure. Air tickets provided cannot be exchanged or cash equivalents or transferred to
persons other than the employee. Employer does not agree to, and is not liable for, compensation to
employee, whether in cash or otherwise, for air tickets that are not used by employee. The employee will
be allowed at least 24 hours to recover from the trip to Korea.
2.1 Housing: Employer will select and provide furnished single living accommodations for employee.
Furnishings provided by employer will include; bed, wardrobe, dressing table, TV, washing machine,
refrigerator, microwave oven, toaster, pans, dishes, etc.
Page 1 of 3 Initials:
2.2 Utilities: The cost of monthly housing service, all utilites, internet, cable TV, and telephone charges for
accommodation provided by employer will be paid by employee. It is the responsibility of the employee to
pay these costs on a regular monthly basis. In the event that employee completes this contract, is
dismissal or voluntary resignations and does not pay all outstanding monthly services, employee will be
billed to their native country and will be reported a national collection agency if charges are not paid in a
timely manner.
2.3 Utility Deposit: It is understood that a deduction of 100,000 won will be deducted from the employee��s
monthly pay for a period of 3 months which is equal to 300,000 won. This deduction is a refundable
deposit that will be returned to the employee at the end of the contract term once the utilities have been
closed and outstanding payments have been verified.
2.4 Lease Cancellation: In the event that employee vacates employer-provided accommodation during the
contract term, and the lease for the accommodation must be canceled, employee agrees to pay any
cancellation charges or other expenses, if any, incurred by employer due to the cancellation of the lease
of the accommodation employer originally found for employee.
2.5 Salary: Except for the period of orientation and training, employer will pay employee for the minimum
teaching requirement mentioned above the amount of 1,800,000 won for each month of this agreement.
Teaching salary will commence from the first day of teaching. Korean income taxes and Korean National
Pension Scheme deductions will be withheld. Monthly salary payments will be made on or before the
tenth day of the month following the month during which the employment services were provided.
Employee will be paid at the rate of 17,000 won for each teaching period in excess of the minimum
teaching requirement.
2.6 Severance Payment: Dependent upon completion of at least one full year of employment with employer,
employee will be given approximately one month��s salary payment, according Korea Lavor Law. This
payment is made at the time of termination of employment, including any periods subsequent to that
covered under this agreement.
Treatment of Employee
3.0 Korean Lavor Law: By law, all foreign Employees are subject to the same labor laws as Koreans;
therefore, employer and employee agree to follow Korean Lavor Laws governing the Korean Pension
(social security) program and other regulations. Any event not described in this contract shall be
resolved in accordance with Korean Lavor Law standards and related regulations, or by mutual consent
of both parties.
3.1 Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake
orientation and training before commencing teaching. The period of training and orientation will usually be
two days but employer reserves the right to reduce that period in cases where employee arrives in Korea
less than one week before the commencement of a scheduled teaching session.
3.2 Holidays and Vacation: Employee will be entitled to observe public holidays and receive paid vacation
days during contract term according to a yearly schedule provided by employer before the
commencement of the year to which the schedule refers. There are ten(10) paid vocation days in each
calendar year(Janualry – December).
3.3 Sick Leave: Employee is allowed a maximum of two(2) days of sick leave per year. In the event that
employee is absent for more than three consecutive days, employee must provide an original medical
certificate after the day sick leave was taken. Employer will not be financially responsible for reimbursing
Page 2 of 3 Initials:
the costs of the medical certificate. Pro-rated amounts of sick leave are provided for employment terms of
less than twelve sessions. The value of unused sick leave remaining at the completion of this agreement
term will not be paid to employee.
Dual Employment Prohibition
4.1 Employee, after signing the agreement and receiving a work visa, can only legally work for the institute
designated by employer. If employee works for any other institutes, companies, individuals without the
consent of employer and Korea Immigration Office, employee shall pay one month��s salary and the
total cost of hiring and replacing the employee and any other losses ensued by his/her conduct, including
losses incurred by the institute if they lose their license to operate the school.
Dismissal or Voluntary Resignation
5.0 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of
employment as set out under this agreement, for conduct seriously jeopardizing any student or staff
person, or for criminal activity.
5.1 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior
to the termination of the term of this agreement, employer will pay salary due to date of termination.
Employer will not pay the cost of return transportation to point of departure for employee, nor will
employer pay any severance pay. Further, employer will be entitled to withhold an amount less than or
equivalent to, but not exceeding, the cost of relocation allowance given on arrival in Korea and the cost of
air fare provided for travel to Korea.
Covenants
6.0 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties
or employment with any persons or organizations other than the employer. To undertake such
employment is a breach of Korean Immigration law and can have serious consequences.
6.1 The employee understands and accepts that the rights to use, sale, distribution, or publication of all
original material produced by the employee during the course of employee��s employment, and for which
the employee is compansated as either regular pay, as overtime, or in an agreed-upon lump sum, remain
the sole property of employer.
Jurisdiction
7.1 This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A
competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out
of, or in connection with, this agreement.
7.2 Employer and employee have executed this agreement on the date indicated below. Intending to be
legally bound to, and in witness of, employer and employee have appended their signatures. |
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paperbag princess

Joined: 07 Mar 2004 Location: veggie hell
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Posted: Mon Feb 14, 2005 7:58 pm Post subject: |
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| Derrek wrote: |
| paperbag princess wrote: |
| according to labour board, if your contract doesn't stipulate an exit clause on your behalf, you don't have to give them any notice. you can just quit. call the labour board 1350 and talk to them before you do anything. also call immigration and ask them what they think about your situation. |
What does 1350 mean? Just dial that on your phone? |
yes, 1350 is the MOL hotline number. you have to wait through the korean msg before you can get the english. they're good and they really know what they're talking about. |
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diver
Joined: 16 Jun 2003
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Posted: Tue Feb 15, 2005 11:11 pm Post subject: Re: Absolute worst...........running? |
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| SpecialK wrote: |
| Hypothetical question to all you out there. What is the ABSOLUTE worst case of things that could happen if you were to run from a contract? For argument sake, lets say the person is in their 7th month of the contract. Just curious. Anyone have any stories? |
Well, you've given us a lot of leeway...
The ABSOLUTE worst, huh?
Your plane could crash as you leave the country and you could die.
But, that's just my opinion.
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panthermodern

Joined: 08 Feb 2003 Location: Taxronto
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Posted: Tue Feb 15, 2005 11:50 pm Post subject: |
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| Your plane could crash as you leave the country and you could die. |
Or your plane could crash on a mysterious tropical island ... |
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captain kirk
Joined: 29 Jan 2003
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Posted: Wed Feb 16, 2005 2:27 am Post subject: |
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| ...as in the movie 'DNA' starring (a horror movie) Val Kilmer and Marlon Brando. Based on the book 'The Island of Doctor Moreau'. Tinkling with genes, mixing animals and humans in genetic experiments. And keeping down the animal nature with loads of drugs to control them, until they revolt...yeah, that would be up there with 'the worst things that could happen' (especially if you've seen the movie; you'd know what I mean!). |
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SpecialK
Joined: 25 Nov 2004
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Posted: Wed Feb 16, 2005 2:33 am Post subject: |
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I'm hoping not to find out the worst haha. Looks like there might be a light at the end of the tunnel. I've been searching everywhere for a replacement so to help out my boss when I leave. I really don't want to do a runner , but just would like to know all my options as I mentioned before. I have found a possible replacement, so I am going to tell my boss tomorrow and hopefully setup the interview. The person also said they could start this coming Monday. Ahhhh fingers are crossed, maybe doing the right thing will work out  |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Wed Feb 16, 2005 3:48 am Post subject: |
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| SpecialK wrote: |
A couple of people have PM'd me to ask what my contract is like. Here it is....
1.0 During the term of this agreement, employee will be required to prepare for, teach and carry out all required administrative duties connected with classes assigned by the employer. Hours spent in office preparing lessons, photocopying materials, student placement interveiws, and other work related to the institute shall not exceed 5hours per week. No regular schedule of work hours can be guaranteed to employee. Payment made for assigned teaching periods is inclusive of payment for preparation and administrative duties connected with those assigned classes. Employee agrees to attend meetings and training workshops scheduled by employer. The purpose of meetings and workshops is to inform employees of matters relating to employee��s duties and the institute��s operation, or to assist in employee��s professional development. No payment in excess of or in addition to employee��s monthly salary will be made for attending meetings, workshops or other events related to the institute schaduled by employer.
1.1 The maximum teaching requirement is an average of thirty(30) hours per week (Monday to Friday), such average being calculated over each month with each class being Sixty(60) minutes in length. It is also understood that the employee is required to be at the school for an average of fourty(40) hours per week, which includes the teaching hours as outlined above.
1.2 At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.
Compensation of Employee
2.0 Transportation: Employer will provide for employee a round-trip economy class ticket for passage to
Korea from an international airport(henceforth referred to as the ��point of departure��). The employer and
employee will mutually agree to the point of departure. On completion of the full contract period,
employer will provide for the employee an economy class ticket for passage from Korea to return to the
point of departure. Air tickets provided cannot be exchanged or cash equivalents or transferred to
persons other than the employee. Employer does not agree to, and is not liable for, compensation to
employee, whether in cash or otherwise, for air tickets that are not used by employee. The employee will
be allowed at least 24 hours to recover from the trip to Korea.
2.1 Housing: Employer will select and provide furnished single living accommodations for employee.
Furnishings provided by employer will include; bed, wardrobe, dressing table, TV, washing machine,
refrigerator, microwave oven, toaster, pans, dishes, etc.
Page 1 of 3 Initials:
2.2 Utilities: The cost of monthly housing service, all utilites, internet, cable TV, and telephone charges for
accommodation provided by employer will be paid by employee. It is the responsibility of the employee to
pay these costs on a regular monthly basis. In the event that employee completes this contract, is
dismissal or voluntary resignations and does not pay all outstanding monthly services, employee will be
billed to their native country and will be reported a national collection agency if charges are not paid in a
timely manner.
2.3 Utility Deposit: It is understood that a deduction of 100,000 won will be deducted from the employee��s
monthly pay for a period of 3 months which is equal to 300,000 won. This deduction is a refundable
deposit that will be returned to the employee at the end of the contract term once the utilities have been
closed and outstanding payments have been verified.
2.4 Lease Cancellation: In the event that employee vacates employer-provided accommodation during the
contract term, and the lease for the accommodation must be canceled, employee agrees to pay any
cancellation charges or other expenses, if any, incurred by employer due to the cancellation of the lease
of the accommodation employer originally found for employee.
2.5 Salary: Except for the period of orientation and training, employer will pay employee for the minimum
teaching requirement mentioned above the amount of 1,800,000 won for each month of this agreement.
Teaching salary will commence from the first day of teaching. Korean income taxes and Korean National
Pension Scheme deductions will be withheld. Monthly salary payments will be made on or before the
tenth day of the month following the month during which the employment services were provided.
Employee will be paid at the rate of 17,000 won for each teaching period in excess of the minimum
teaching requirement.
2.6 Severance Payment: Dependent upon completion of at least one full year of employment with employer,
employee will be given approximately one month��s salary payment, according Korea Lavor Law. This
payment is made at the time of termination of employment, including any periods subsequent to that
covered under this agreement.
Treatment of Employee
3.0 Korean Lavor Law: By law, all foreign Employees are subject to the same labor laws as Koreans;
therefore, employer and employee agree to follow Korean Lavor Laws governing the Korean Pension
(social security) program and other regulations. Any event not described in this contract shall be
resolved in accordance with Korean Lavor Law standards and related regulations, or by mutual consent
of both parties.
3.1 Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake
orientation and training before commencing teaching. The period of training and orientation will usually be
two days but employer reserves the right to reduce that period in cases where employee arrives in Korea
less than one week before the commencement of a scheduled teaching session.
3.2 Holidays and Vacation: Employee will be entitled to observe public holidays and receive paid vacation
days during contract term according to a yearly schedule provided by employer before the
commencement of the year to which the schedule refers. There are ten(10) paid vocation days in each
calendar year(Janualry – December).
3.3 Sick Leave: Employee is allowed a maximum of two(2) days of sick leave per year. In the event that
employee is absent for more than three consecutive days, employee must provide an original medical
certificate after the day sick leave was taken. Employer will not be financially responsible for reimbursing
Page 2 of 3 Initials:
the costs of the medical certificate. Pro-rated amounts of sick leave are provided for employment terms of
less than twelve sessions. The value of unused sick leave remaining at the completion of this agreement
term will not be paid to employee.
Dual Employment Prohibition
4.1 Employee, after signing the agreement and receiving a work visa, can only legally work for the institute
designated by employer. If employee works for any other institutes, companies, individuals without the
consent of employer and Korea Immigration Office, employee shall pay one month��s salary and the
total cost of hiring and replacing the employee and any other losses ensued by his/her conduct, including
losses incurred by the institute if they lose their license to operate the school.
Dismissal or Voluntary Resignation
5.0 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of
employment as set out under this agreement, for conduct seriously jeopardizing any student or staff
person, or for criminal activity.
5.1 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior
to the termination of the term of this agreement, employer will pay salary due to date of termination.
Employer will not pay the cost of return transportation to point of departure for employee, nor will
employer pay any severance pay. Further, employer will be entitled to withhold an amount less than or
equivalent to, but not exceeding, the cost of relocation allowance given on arrival in Korea and the cost of
air fare provided for travel to Korea.
Covenants
6.0 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties
or employment with any persons or organizations other than the employer. To undertake such
employment is a breach of Korean Immigration law and can have serious consequences.
6.1 The employee understands and accepts that the rights to use, sale, distribution, or publication of all
original material produced by the employee during the course of employee��s employment, and for which
the employee is compansated as either regular pay, as overtime, or in an agreed-upon lump sum, remain
the sole property of employer.
Jurisdiction
7.1 This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A
competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out
of, or in connection with, this agreement.
7.2 Employer and employee have executed this agreement on the date indicated below. Intending to be
legally bound to, and in witness of, employer and employee have appended their signatures. |
A few questions/ notes
1.0 and 1.1 seem to contradict each other. It says that prep time shall not exceed 5 hours a week and that teaching hours are a maximum of 30 hours. But it also says that you are expected to be at the school for 40 hours a week. So what do you do for those extra 5 hours a week?
Also 4.1 could leave you open for tens of millions of won of damages. I'd NEVER sign a contract with that kind of clause. Airfare to be repaid only and only then if I left before six months. If the hakwon closes, because the boss makes some bad business decisions, there is nothing to stop him from claiming that it is your fault. |
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SpecialK
Joined: 25 Nov 2004
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Posted: Wed Feb 16, 2005 4:26 am Post subject: |
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A few questions/ notes
1.0 and 1.1 seem to contradict each other. It says that prep time shall not exceed 5 hours a week and that teaching hours are a maximum of 30 hours. But it also says that you are expected to be at the school for 40 hours a week. So what do you do for those extra 5 hours a week?
Also 4.1 could leave you open for tens of millions of won of damages. I'd NEVER sign a contract with that kind of clause. Airfare to be repaid only and only then if I left before six months. If the hakwon closes, because the boss makes some bad business decisions, there is nothing to stop him from claiming that it is your fault. |
My scheduled hours are from 1-9 (1-2 is supposed to be prep time), but it never takes more than 15 minutes usually so I just do whatever. The extra time is between classes. I have several free periods through the days, such as Wed and Fri I am free from 6-735pm. I've had really no problems with the job itself besides myself being the only foreigner.
As for 4.1 I consider it a huge lesson learned on taking a recruiters word for things being normal. I should have known better at the time, and thankfully it didn't turn out (so far) to be as bad as it could have been.
Still thinking positive that things will work out somehow. |
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