| View previous topic :: View next topic |
| Author |
Message |
jacl
Joined: 31 Oct 2005
|
 Posted: Fri Jun 02, 2006 7:28 pm Post subject: |
 |
|
| Cheonmunka wrote: |
"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? |
If you give a month's notice after the sixth month mark then no air fare should be reimbursed. Giving notice is about the most professional thing you can do. It's not fucking prison. No one should have to stick out a contract for a year. |
|
| Back to top |
|
 |
alabamaman
Joined: 25 Apr 2006
|
| Posted: Sat Jun 03, 2006 4:15 am Post subject: |
|
|
| Cheonmunka wrote: |
"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? |
If you take a couple minutes to think about it, the issue at hand is a poorly written clause. According to Article 26 of the Labor Standards Act, the employee may terminate his labor contract for reasons in accordance with Article 24. The OP should have contractual language stating when he could terminate his contract throughout the contract period. That would have eliminated the vagueness factor to an extent. The employer would be entitled to no reimbursements whatsoever under Article 26 scenario. The reimbursements are waived after 6 months for the most part as another member suggested. |
|
| Back to top |
|
|
Ilsanman
Joined: 15 Aug 2003
Location: Bucheon, Korea
|
| Posted: Sat Jun 03, 2006 8:19 am Post subject: yes |
|
|
Or if you accept a job like this while already in Korea, there is no issue. No airfare.
If it's visa airfare to Japan, that's not a whole heck of a lot, but it might be a week's pay. If you have an F-2 or something, no problem.
Recruiter's fee, I'd have a problem with that, considering recruiters are wholly useless. |
|
| Back to top |
|
|
jacl
Joined: 31 Oct 2005
|
| Posted: Sat Jun 03, 2006 9:43 am Post subject: |
|
|
Recruiter's fee.  Why the holy old *beep* would you have to pay that? |
|
| Back to top |
|
|
Ilsanman
Joined: 15 Aug 2003
Location: Bucheon, Korea
|
| Posted: Sun Jun 04, 2006 3:02 am Post subject: yes |
|
|
The recruiter's fee is based upon the assumption that the teacher will stay for the length of the contract. It's not just a finder's fee, it's a keeper's fee.
What might be fair is to pay back a % of it, based on how much of your contract you didn't finish.
| jacl wrote: |
| Recruiter's fee. Why the holy old *beep* would you have to pay that? |
|
|
| Back to top |
|
|
tzechuk
Joined: 20 Dec 2004
|
| Posted: Sun Jun 04, 2006 3:09 am Post subject: |
|
|
| Is the Incheon English Village run by Woongjin Thinkbig? |
|
| Back to top |
|
|
jacl
Joined: 31 Oct 2005
|
| Posted: Sun Jun 04, 2006 4:50 am Post subject: Re: yes |
|
|
| Ilsanman wrote: |
The recruiter's fee is based upon the assumption that the teacher will stay for the length of the contract. It's not just a finder's fee, it's a keeper's fee.
What might be fair is to pay back a % of it, based on how much of your contract you didn't finish.
| jacl wrote: |
| Recruiter's fee. Why the holy old *beep* would you have to pay that? |
|
Don't see why that would be fair. It's not the employee's problem. As long as you give notice, however the employer went about hiring you is his business problem. Even if you don't give notice, it's not the employee's financial problem. It, however, doesn't do much for one's reputation. |
|
| Back to top |
|
|
Aussiekimchi
Joined: 21 Apr 2006
Location: SYDNEY
|
| Posted: Sun Jun 04, 2006 1:30 pm Post subject: |
|
|
I am reading a lot of posts here on contracts.
It is pretty black and white as far as I can see.
When you are presented with a contract you have two choices;
1) sign it and honour it, or
2) wipe your backside with it and find another one
If there is anything in any contract you do not like, don't sign the bl  dy thing.
If you really want that job but there are a few clauses that you do not like, try to have them changed or see choice #2!
All contracts take priority over the law in Korea.
Once you sign anything on a contract it becomes legal, this is what I am told anyway. I am not a Korean nor a lawyer.
As for recruiting fees....no teacher should sign a contract that insists they pay back a recruiting fee.
You should never do it.
Tell your recruiter to change what ever you want in the contract. If these changes are not made or at least a compromising agreement made, do not sign anything, ask to look at some more jobs and get something that you like.
If any school will not change any part of their contract to make the teacher more comfy, tell 'em to bugger off! |
|
| Back to top |
|
|
alabamaman
Joined: 25 Apr 2006
|
| Posted: Sun Jun 04, 2006 1:50 pm Post subject: |
|
|
| Aussiekimchi wrote: |
I am reading a lot of posts here on contracts.
It is pretty black and white as far as I can see.
When you are presented with a contract you have two choices;
1) sign it and honour it, or
2) wipe your backside with it and find another one
If there is anything in any contract you do not like, don't sign the bl dy thing.
If you really want that job but there are a few clauses that you do not like, try to have them changed or see choice #2!
All contracts take priority over the law in Korea.
Once you sign anything on a contract it becomes legal, this is what I am told anyway. I am not a Korean nor a lawyer.
As for recruiting fees....no teacher should sign a contract that insists they pay back a recruiting fee.
You should never do it.
Tell your recruiter to change what ever you want in the contract. If these changes are not made or at least a compromising agreement made, do not sign anything, ask to look at some more jobs and get something that you like.
If any school will not change any part of their contract to make the teacher more comfy, tell 'em to bugger off! |
Ditto.... |
|
| Back to top |
|
|
Cheonmunka
Joined: 04 Jun 2004
|
| Posted: Sun Jun 04, 2006 4:03 pm Post subject: |
|
|
| Quote: |
| All contracts take priority over the law in Korea |
Actually there's something in the Labor Dept clauses that says that no contract can supercede national law. |
|
| Back to top |
|
|
TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
|
| Posted: Sun Jun 04, 2006 7:47 pm Post subject: |
|
|
| Aussiekimchi wrote: |
I All contracts take priority over the law in Korea.
Once you sign anything on a contract it becomes legal, this is what I am told anyway. I am not a Korean nor a lawyer.
! |
You were told wrong. Illegal contracts (ones that violate labour law) do NOT become legal just because they have a signature on them. Labour law takes priority over contracts. Period. |
|
| Back to top |
|
|
Aussiekimchi
Joined: 21 Apr 2006
Location: SYDNEY
|
| Posted: Mon Jun 05, 2006 12:08 am Post subject: |
|
|
You were told wrong. Illegal contracts (ones that violate labour law) do NOT become legal just because they have a signature on them. Labour law takes priority over contracts. Period.
Well that is great news. Thanks.
So as most of us don't know what might be legal and what might not be, just go through everything and ask questions.
I had a applicant tell me today that his current offer stated that a teacher may not quit under any circumstances....obviously he questioned it.
He is just like you and me. Just question what you are not sure of. If any school gets flighty with you..don't take the job. |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
