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Are recruiters obliged to refund?

 
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shifty



Joined: 21 Jun 2004

PostPosted: Sat Apr 30, 2005 8:48 pm    Post subject: Are recruiters obliged to refund? Reply with quote

The teacher I replaced did only 2 months of a year's contract.

Is his recruiter legally obliged to refund a pro rata amount?
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Gord



Joined: 25 Feb 2003

PostPosted: Sat Apr 30, 2005 8:57 pm    Post subject: Reply with quote

Only if that was a condition of the contract between the recruiter and the school/director.
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shifty



Joined: 21 Jun 2004

PostPosted: Sun May 01, 2005 12:39 am    Post subject: Reply with quote

Thanks for your reply. Doesn't Korean civil law incorporate a concept such as unjust enrichment?

What if the teacher took flight immediately after the fee was paid?
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Homer
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PostPosted: Sun May 01, 2005 4:33 am    Post subject: Reply with quote

Quote:
What if the teacher took flight immediately after the fee was paid?


Then, usually the recruiter either has to refund the fee or the director gets shafted out of his money and becomes less accomodating to other foreign teachers (always a pleasant consequence of retard behavior).
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canuckistan
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Joined: 17 Jun 2003
Location: Training future GS competitors.....

PostPosted: Sun May 01, 2005 4:50 am    Post subject: Reply with quote

The first year I worked in Korea, I was told that if I left the school before 6 months of my contract was finished, I'd have to refund whatever balance was left of the recruiter's fee to my school.
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kangnamdragon



Joined: 17 Jan 2003
Location: Kangnam, Seoul, Korea

PostPosted: Sun May 01, 2005 6:35 am    Post subject: Reply with quote

It's usually the school's fault if a teacher leaves, not the recruiter.
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shifty



Joined: 21 Jun 2004

PostPosted: Sun May 01, 2005 3:54 pm    Post subject: Reply with quote

Kangnam, in this case the teacher's mother was in a parlous state back home, owing to a divorce.
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Gord



Joined: 25 Feb 2003

PostPosted: Sun May 01, 2005 4:08 pm    Post subject: Reply with quote

shifty wrote:
Thanks for your reply. Doesn't Korean civil law incorporate a concept such as unjust enrichment?

What if the teacher took flight immediately after the fee was paid?


The school would have to demonstrate that it's reasonable a person, after looking at the available evidence, would conclude that it's more likely than not that the recruiter knew that the person would not complete the contract regardless of the school's actions.
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