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contract breaking on MY part

 
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Jshapero



Joined: 17 Jul 2006
Location: Louisville, KY, USA

PostPosted: Sat Jul 22, 2006 10:39 pm    Post subject: contract breaking on MY part Reply with quote

If I leave the job and the country before a contract has ended, without the warning period, and don't consider coming back for over two years, would there be any potential problem? One contract I saw said I would have to pay 2 mil won to the recruiter if I terminate my contract even with the thirty day warning period. Another wanted the plane ticket reimbursed. These, I assume, are abnormal? Or not? Any comments would be really helpful. Mainly I want to know what happens if I leave? Would there be anything stopping me from leaving?

I know this sounds like I'm planning some scam, but in all likelihood it won't be an issue... it's just there are some faint possibilities that might require me to return to America in a hurry and stay there and I don't want to get into something that might cause me big problems were that faint possibility to become actuality.

Thanks folks.
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the eye



Joined: 29 Jan 2004

PostPosted: Sat Jul 22, 2006 11:08 pm    Post subject: Reply with quote

If you've worked more than 6 months, you aren't responsible to pay back anything. Before that, you owe airfare.
The recruiters generally don't collect their fee from employers until you've passed 3-6 months in, so you are never responsible for that.

Just try to give notice.
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Aussiekimchi



Joined: 21 Apr 2006
Location: SYDNEY

PostPosted: Sun Jul 23, 2006 12:08 am    Post subject: Reply with quote

The recruiters generally don't collect their fee from employers until you've passed 3-6 months in, so you are never responsible for that.

What?????? You're kidding right?

But no, you should never have to pay recruiters fees. If this is in the contract ask them to take it out.
Airfare reimbursement before 6 months is usual.

Other than that, you should have no problems, but if you do have to leave, just be upfront and honest. Give them plenty of notice.
If you are not wanting to stay more than 6 months and you know that now, do the right thing and tell your employer...don't come over here planning to do a midnight run after 6 months.
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the eye



Joined: 29 Jan 2004

PostPosted: Sun Jul 23, 2006 12:29 am    Post subject: Reply with quote

I know a recruiter who's fees are dependant on the teacher lasting at least three months...but he has contracts that extend to 6 months if he knows the employers through previous business.
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Aussiekimchi



Joined: 21 Apr 2006
Location: SYDNEY

PostPosted: Sun Jul 23, 2006 12:37 am    Post subject: Reply with quote

Well, everyday you learn something new. It really surprises me that anyone waits that long to get paid....particularly in this bali bali culture. I stand corrected.
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Juregen



Joined: 30 May 2006

PostPosted: Sun Jul 23, 2006 2:39 am    Post subject: Reply with quote

Aussiekimchi wrote:
Well, everyday you learn something new. It really surprises me that anyone waits that long to get paid....particularly in this bali bali culture. I stand corrected.


it probably has to to with all the runners Smile
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Son Deureo!



Joined: 30 Apr 2003

PostPosted: Sun Jul 23, 2006 4:45 am    Post subject: Reply with quote

the eye wrote:
If you've worked more than 6 months, you aren't responsible to pay back anything. Before that, you owe airfare.


I don't think this is the law, but it is a common clause in hogwon contracts. It depends on what his contract actually says. Of course, if a clause like that is in there, it would be pretty hard to negotiate it out.
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seoulsista



Joined: 31 Aug 2005

PostPosted: Sun Jul 23, 2006 4:47 am    Post subject: Reply with quote

HOWEVER, if you sign a contract that states that the employer can take that money in that scenario then they will take it and if you aren't around to fight them on it then it's gone. They aren't going to stop you at the airport they are just going to take it out of your check.
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Grotto



Joined: 21 Mar 2004

PostPosted: Sun Jul 23, 2006 6:46 am    Post subject: Reply with quote

if you run they 'could' seek legal redress in a court of law. Chances are they wont because the costs would far outwiegh the return.

So if you took off after getting paid and didnt return for the duration of your contract you would most likely have no problems.

Just remember to never use that recruiter again in the future Wink
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The Lemon



Joined: 11 Jan 2003

PostPosted: Sun Jul 23, 2006 6:54 am    Post subject: Reply with quote

the eye wrote:
I know a recruiter who's fees are dependant on the teacher lasting at least three months...but he has contracts that extend to 6 months if he knows the employers through previous business.

If this is at all a common thing in Recruiter World, it's yet another reason to not use recruiters, ever.
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jacl



Joined: 31 Oct 2005

PostPosted: Sun Jul 23, 2006 7:03 am    Post subject: Reply with quote

You're a free person. If you need to quit, just quit.
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captain planet



Joined: 18 Jul 2006

PostPosted: Sun Jul 23, 2006 9:29 am    Post subject: Reply with quote

i don't think it's a point of view issue. i think he's concerned with the practicalities.
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jacl



Joined: 31 Oct 2005

PostPosted: Sun Jul 23, 2006 10:19 am    Post subject: Reply with quote

Oh well. I think he should just go ahead and do it. Leave the employer high and dry if need be. Maybe get himself blacklisted. Maybe not. Depends. No biggie.
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alabamaman



Joined: 25 Apr 2006

PostPosted: Sun Jul 23, 2006 12:07 pm    Post subject: Re: contract breaking on MY part Reply with quote

Jshapero wrote:
If I leave the job and the country before a contract has ended, without the warning period, and don't consider coming back for over two years, would there be any potential problem? One contract I saw said I would have to pay 2 mil won to the recruiter if I terminate my contract even with the thirty day warning period. Another wanted the plane ticket reimbursed. These, I assume, are abnormal? Or not? Any comments would be really helpful. Mainly I want to know what happens if I leave? Would there be anything stopping me from leaving?

I know this sounds like I'm planning some scam, but in all likelihood it won't be an issue... it's just there are some faint possibilities that might require me to return to America in a hurry and stay there and I don't want to get into something that might cause me big problems were that faint possibility to become actuality.

Thanks folks.


You could be honest with him if what you're talking about becomes reality. I don't know your circumstances, and they are none of my business. You may have to give him 30 days notice. If he's a cock knocker about your notice, give him the finger on the way out!
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Speakerz



Joined: 17 Jul 2006

PostPosted: Sun Jul 23, 2006 5:05 pm    Post subject: Reply with quote

Grotto wrote:
if you run they 'could' seek legal redress in a court of law. Chances are they wont because the costs would far outwiegh the return.

So if you took off after getting paid and didnt return for the duration of your contract you would most likely have no problems.

Just remember to never use that recruiter again in the future Wink


What kind of legal action could they take?
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