Korean Job Discussion Forums

Natalia · Joined: 10 Mar 2006

I'm sorry to ask this question again, but what I am looking for is a definitive answer - meaning that people actually know there is proof (and where to find it), rather than just somebody's word.

If your boss takes a large sum of money out of your salary as a housing deposit, is it illegal?

I thought nothing of it at first (yes, I'm an idiot), my boss genuinely appeared to be a good person. But this job is very quickly turning extremely sour. If the worst comes to the worst, I'm wondering if this is something I can hold against him. I have a feeling if I try and get out of this contract the honourable way, he is going to do his best to get extra money out of me.

Homer · Guest

Well..it is illegal if you did not agree to it in your contract (a deposit clause for example).

If you agreed to it by signing a contract that included a deposit clause then it is not an illegal practice.

I have had to pay deposits 3 times since I arrived here in 1997 and all 3 times it was paid back in full at the end of my contract (I had scouted the job and employer before signing the contract....).

If your employment situation is going south then that might (or might not) change the situation.

How many other foreign teachers there?

How many finished their contracts?

Did they get their deposits back?

If you quite and give proper notice, legally he canntot withold the deposit you paid as long as leave the accomodations. If he does then that is illegal for sure and you should go to the labor board.

How is your job turning extremely sour?

alabamaman · Joined: 25 Apr 2006

Homer · Guest

if otherwise stipulated by special provisions of laws or decrees or a collective agreement, wages may partially be deducted or may be paid by other than cash

Well there you have it....

bellum99 · Joined: 23 Jan 2003 Location: don't need to know

Yup. It is not illegal since you agreed to it. He can't just take the money but you can give it to him in the contract and it is not illegal. Here is a hint....read a contract before you sign it.
Just give notice and quit if you want....most of the time when you want to use something to force the boss to do what you want, that's when they get really ugly and try to screw you over.
What's wrong with you? Just talk to the boss like a big boy and explain how you feel. If he doesn't agree then send a registered mail letter (proof of notice because you get a receipt) and give him a letter of notice saying you wish to quit and will give him the time stipulated in the contract.
What you should not do is try to find something flimsy as a threat and go in there using it like a paper shield. It is in your best interest to end the contract on reasonably good terms or it will be hell for you.

Homer · Guest

Peter Jackson · Joined: 23 Apr 2006

My first contract had a deposit clause in it and at the time I thought it was fair as if one pulls a runner and leaves some outstanding bills why should the employer be left holding the bag? My second contract didn't have this clause. My current job did include the clause and I signed it. I see it as a nice bonus at the end to get that money along with the severence etc. I am quite sure they won't steal it.

But now that I know it is illegal I will not sign another contract with it in on principle...at the time I didn't know.

Homer · Guest

Peter..it is illegal if they take the deposit from you without this having been agreed upon in the work contract.

It is not illegal per se.

Is if preferable not to get deposit deducted?

I think it is but I can understand the logic behind the deposit.

However as it was stated before in other such threads, they have other ways of protecting themselves (employers) like getting the amount of the final bills in advance and inspecting the accomodations a week before final pay day (they did both at my last hakwon a couple of years back).