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Confusing contract articles take a look, have a say...
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Mellovely516



Joined: 03 Oct 2005
Location: New York, NY

PostPosted: Thu Dec 22, 2005 1:10 am    Post subject: Confusing contract articles take a look, have a say... Reply with quote

Hey y'all

So I'm looking into this position and I was sent this sample contract. A couple of the points seem a bit off (see below). I was wondering if anyone else's contracts had these kind of provisions. Just want to know what people think in general...

Housing: For the first six months, the Employer will collect 100,000KWN per month deposit for telephone and internet service charge and compensation for all furniture and appliances even though the Employee pays these charges each month. This deposit will be refunded one month after the completion of this contract.

Article 17 (Applicable Law and Venue) This Contract and each and every provision hereof shall be interpreted pursuant to the laws of the Republic of Korea and any dispute hereunder be resolved exclusively in the ... district court of the Republic of Korea.

Thanks ahead of time for any comments given Smile
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TJ



Joined: 10 Mar 2003

PostPosted: Thu Dec 22, 2005 2:23 am    Post subject: housing / law Reply with quote

Mellovely516 wrote:
Hey y'all

So I'm looking into this position and I was sent this sample contract. A couple of the points seem a bit off (see below). I was wondering if anyone else's contracts had these kind of provisions. Just want to know what people think in general...

Housing: For the first six months, the Employer will collect 100,000KWN per month deposit for telephone and internet service charge and compensation for all furniture and appliances even though the Employee pays these charges each month. This deposit will be refunded one month after the completion of this contract.

Article 17 (Applicable Law and Venue) This Contract and each and every provision hereof shall be interpreted pursuant to the laws of the Republic of Korea and any dispute hereunder be resolved exclusively in the ... district court of the Republic of Korea.

Thanks ahead of time for any comments given Smile


Do you trust your employer ? There is a risk that your employer will take advantage of you departing Korea when you finish your contract and not refund the deposit. It's very difficult to take a Korean to court at the best of times and almost impossible when you are not in Korea.

Having said that, I have never had to pay a deposit on my housing.

The clause re settling disputes according to Korean law is ok. I guess that this applies in many other countries.
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Homer
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PostPosted: Thu Dec 22, 2005 4:01 am    Post subject: Reply with quote

Well..a deposit is sometimes asked from the school. Most of the time it is tp protect the school against damage to the appartment or teachers who leave suddenly (midnight runners) or who leave after their contract and leave a stack of unpaid bills.

It is also used as blackmail by some schools.. so my advice:

Ask the other teachers who work there if they got it back or if previous teachers got it back.

That will give you your answer.

600 000 Won is a bit high however, perhaps something along the lines of 300 000 would be more reasonable.

Then again, my first employer in 1997 had taken 200 000 Won per pay for the first 3 months....I got it all back on the final pay day.
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kprrok



Joined: 06 Apr 2004
Location: KC

PostPosted: Thu Dec 22, 2005 4:36 am    Post subject: Reply with quote

Don't ever leave a deposit. 9 times out of 10 (my estimate), you'll never see the money again. With all of the utilities, you can call the company and get an exact amount you owe on the day you move out. Just leave that amount with the boss. And then you're done.

KPRROK
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n3ptne



Joined: 14 Sep 2005
Location: Poh*A*ng City

PostPosted: Thu Dec 22, 2005 4:50 am    Post subject: Reply with quote

My employer straight took 600,000won out of my salary and there's nothing in the contract about it... cest la vie.

If I don't see it again, I don't see it again... I doubt this will be the case (my employers are great), but I will say that having it in the contract would make me feel more secure, as getting it back would be a matter of a written legal contract, not just a verbal agreement.

Life is what you make of it, and I would rather live in a world where people can be trusted until they give me reason not to, than to live in a world where no one can be trusted... afterall, it's only $600.00.

As for the bit about all disputes being solely in accordance with S. Korean law, and in the sole jurisdiction of it's courts? Was in mine, and from what I understand it is quite standard to have a similar blurb in any contract with a foreign worker, regardless of what country the employment takes place. You wouldn't want to hire an Iraqi, in the US, to teach Arabic and wind up in a Baghdad court over $600.00 now would you?
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Homer
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PostPosted: Thu Dec 22, 2005 6:44 am    Post subject: Reply with quote

Quote:
With all of the utilities, you can call the company and get an exact amount you owe on the day you move out. Just leave that amount with the boss. And then you're done.


That could be a reasonable option.
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bellum99



Joined: 23 Jan 2003
Location: don't need to know

PostPosted: Fri Dec 23, 2005 4:08 pm    Post subject: Reply with quote

Maybe ask for the deposit back after six months. The school is worried that you will screw them when you run for the costs in the housing. After six months it is usually a safe time for the school and you. Just ask them to include it in the contract that you get it back after six months.
If someone says they never had to pay a deposit, it's probably for a reason. A lot of schools ask for this and it is not uncommon. It is easier to get it back in the middle of the contract, because you have time to ask for it.
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Grotto



Joined: 21 Mar 2004

PostPosted: Fri Dec 23, 2005 4:35 pm    Post subject: Reply with quote

Quote:
Housing: For the first six months, the Employer will collect 100,000KWN per month deposit for telephone and internet service charge and compensation for all furniture and appliances even though the Employee pays these charges each month. This deposit will be refunded one month after the completion of this contract.


#1. Dont let them take the money.
#2. If you do decide to let them take the money it should be returned to you the day your contract ends.
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joe_doufu



Joined: 09 May 2005
Location: Elsewhere

PostPosted: Fri Dec 23, 2005 7:03 pm    Post subject: Reply with quote

The schools have good reason to ask for a deposit because it protects them from being left holding the bill if you bail out. You have a good reason to ask for no deposit, because hagwons have a history of cheating foreign workers, and you may be gone from Korea when the refund is due so it will be hard to collect. Try to judge the strength of your bargaining position and negotiate.
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Grotto



Joined: 21 Mar 2004

PostPosted: Fri Dec 23, 2005 7:08 pm    Post subject: Reply with quote

If you provide reciepts showing that you have paid your bills and the school does a walkthrough a week before you leave there is no reason for a deposit....if you have damaged the apartment they can withhold an amount from your cheque(see the ENGLISH spelling not the american crap)...there is no reason for a deposit except to prevent a midnight runner...and the schools that want deposits have most likely suffered a midnight run and for good reason.
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BigBuds



Joined: 15 Sep 2005
Location: Changwon