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Incheon English Village=awful contract
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Dude Love



Joined: 17 Jan 2003
Location: Korea

PostPosted: Thu Jun 01, 2006 10:56 pm    Post subject: Incheon English Village=awful contract Reply with quote

I inquired at the Incheon English Village. I was sent a sample contract and one of the articles stated that if a teacher stops working there for any reason up to 8 months into the contract they'd have to refund the cost of airfare. There was also a stipulation about reimbursing the fee they paid the recruiter. I was floored.
Anyhow, it's illegal to require the reimbursment of airfare, right?
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Grotto



Joined: 21 Mar 2004

PostPosted: Thu Jun 01, 2006 11:06 pm    Post subject: Reply with quote

not illegal but usually after 6 months the airfare to Korea is waived!
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Jun 01, 2006 11:07 pm    Post subject: Re: Incheon English Village=awful contract Reply with quote

Dude Love wrote:
I inquired at the Incheon English Village. I was sent a sample contract and one of the articles stated that if a teacher stops working there for any reason up to 8 months into the contract they'd have to refund the cost of airfare. There was also a stipulation about reimbursing the fee they paid the recruiter. I was floored.
Anyhow, it's illegal to require the reimbursment of airfare, right?


It's NOT illegal if you agree to it in advance in writing.
It would be dumb on the part of the teacher to agree and sign it.
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red dog



Joined: 31 Oct 2004

PostPosted: Thu Jun 01, 2006 11:19 pm    Post subject: Reply with quote

I don't think so -- it seems to be pretty standard in Korea -- but possibly there's a time limit? The same condition was in my first contract there, only it was supposed to be for the entire year -- but I heard (from some not-very-reliable people) that the company never enforced it after the six-month period. I don't really know because I stayed the full year.

However, I left a different job after eight months, and I needed to do it on relatively good terms to get a letter of release, so I agreed to pay a penalty. The penalty was probably less than what my boss could have charged me according to the contract -- which required me to reimburse him for my trip to Japan and the recruiter's fee. If he had withheld all that money, I guess I would have been better off running away. (But then I wouldn't have gotten the letter.) Of course I shouldn't have signed the contract in the first place, but whether these things are legal or illegal I can't say. I'm sure others here can be more helpful.
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inkoreaforgood



Joined: 15 Dec 2003
Location: Inchon

PostPosted: Fri Jun 02, 2006 4:52 am    Post subject: Reply with quote

Not illegal in a contract. The employer could easily put such a clause in, they could even make it 11 months. The question is, are you foolish enough to sign?
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Dude Love



Joined: 17 Jan 2003
Location: Korea

PostPosted: Fri Jun 02, 2006 9:16 am    Post subject: Reply with quote

I most certainly am not foolish enough to sign it. I'm just amazed they had the audacity to put it in the contract. Even as a newbie I don't think I would have signed it. Is there any way of knowing how many teachers they duped into signing that?
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alabamaman



Joined: 25 Apr 2006

PostPosted: Fri Jun 02, 2006 10:11 am    Post subject: Response Reply with quote

I'm in agreement with what other posters have posted. The OP has made a very smart choice.

Last edited by alabamaman on Fri Jun 02, 2006 10:45 am; edited 3 times in total
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Cheonmunka



Joined: 04 Jun 2004

PostPosted: Fri Jun 02, 2006 10:20 am    Post subject: Reply with quote

Do you not think it's fair that if you quit that soon you should return the money that people gave to you?
I think that's fair.
Everybody wants a 'free ride.' Literally.
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alabamaman



Joined: 25 Apr 2006

PostPosted: Fri Jun 02, 2006 10:27 am    Post subject: Reply with quote

Cheonmunka wrote:
Do you not think it's fair that if you quit that soon you should return the money that people gave to you?
I think that's fair.
Everybody wants a 'free ride.' Literally.


It depends on the circumstances Cheonmunka. If his employer is not abiding by the terms of the labor contract on a constant basis, then he has a justifiable cause.
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Dude Love



Joined: 17 Jan 2003
Location: Korea

PostPosted: Fri Jun 02, 2006 12:09 pm    Post subject: Reply with quote

Thanks, Alabamaman. The contract stated that if employment ceased for any reason within 8 months the employee would have to refund airfare. My main concern was getting unjustifiably terminated just before the 8 month mark. But yes, if the employer turned out to be a real d*ck there'd be no affordable way out of the contract.
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alabamaman



Joined: 25 Apr 2006

PostPosted: Fri Jun 02, 2006 12:22 pm    Post subject: Reply with quote

Dude Love wrote:
Thanks, Alabamaman. The contract stated that if employment ceased for any reason within 8 months the employee would have to refund airfare. My main concern was getting unjustifiably terminated just before the 8 month mark. But yes, if the employer turned out to be a real d*ck there'd be no affordable way out of the contract.


Your welcome. Good luck Cool
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Cheonmunka



Joined: 04 Jun 2004

PostPosted: Fri Jun 02, 2006 2:39 pm    Post subject: Reply with quote

"employment ceased for any reason "

Okay.
But I think that anyone who quits of their own accord should payback airfare. One can always get another job and the employer shouldn't have to pay for the other company's benefit. You also may get another airfare thrown in with the new job so getting double benefit. Would you not agree?

Recruiting fees on the other hand shouldn't be passed on.
Recruiters and management have their own deals going on that means fees are not all cut and dried with employers getting a good deal regardles of employees quitting.

There's a lot of subjective criteria for being a D*ck.
I think that when employers are abiding then employees are responsible for their own behavior. If they don't like a place but all is lawful and up-front then is that the employer's fault who should then pay for being a D*ck? If living in Incheon is not agreeable to the employee's mind should the employee walk away keeping the benefits and profit that went with that job?

I hear what you are saying and at times it feels like you are getting screwed but airfare is a big expense and one should do their best to honor a contract for an agreed set term and in all fairness according to reciprocated fairness by the employer.

And, I don't know what the deal is with people not being able to dedicate just one year at a job. It's not a long time. Why do people have to move around after six months?
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bellum99



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

PostPosted: Fri Jun 02, 2006 3:04 pm    Post subject: Reply with quote

I agree with Cheonmunka. The airfare was paid by the employer on the basis that you would finish the contract. If you don't finish the contract and don't have a legal reason why, then you should pay the airfare back. Seems fair to me...
If it is isn't this way then we would have all kinds of losers blow into Korea on a free ride, and then do a crappy job and want to leave the job, and the schools would all be hit with serious loses....
Personally I think they should stop offering the free flights and it would cut down on a lot of really pathetic backpack teachers. That free flight is a neon sign for anyone who doesn't have two cents to rub together.
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Cheonmunka



Joined: 04 Jun 2004

PostPosted: Fri Jun 02, 2006 3:29 pm    Post subject: Reply with quote

I think your fears about being terminated before the eight month mark are unjustified. In the end I'm positive you'll do a great job and the employer will want you for years and years. When that's the case get your severence paid yearly. Do that, bud.
All best.
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red dog



Joined: 31 Oct 2004

PostPosted: Fri Jun 02, 2006 4:10 pm    Post subject: Reply with quote

It's really the recruitment fee that I wish I hadn't agreed to repay -- especially since the amount wasn't specified in the contract. Agreeing to pay back plane fare if you quit early is fair enough.
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