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Jasobang
Joined: 11 Dec 2005
Location: Bucheon
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 Posted: Tue Jul 25, 2006 8:55 pm Post subject: GEPIK indemnity clause |
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Anyone who has fought this, and won? I do my own housing so this wasn't an issue, until about 10 minutes ago. The vp wants to follow suit with all that is GEPIK and has decided that I pay the 900,000 over a few months. It's not the issue of money but rather the trust issue.
I heard it was illegal and that some teachers won their case by referring to the labour board. Their respective schools removed the clause.
I'm ready to fight this but I need a little ammo. I'll be calling the MOL shortly, but in the meantime, does anyone have any first hand knowledge of this? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Jul 26, 2006 12:51 am Post subject: Re: GEPIK indemnity clause |
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| Jasobang wrote: |
Anyone who has fought this, and won? I do my own housing so this wasn't an issue, until about 10 minutes ago. The vp wants to follow suit with all that is GEPIK and has decided that I pay the 900,000 over a few months. It's not the issue of money but rather the trust issue.
I heard it was illegal and that some teachers won their case by referring to the labour board. Their respective schools removed the clause.
I'm ready to fight this but I need a little ammo. I'll be calling the MOL shortly, but in the meantime, does anyone have any first hand knowledge of this? |
Deposits that are deducted from your pay are only illegal if you did NOT agree to them in writing.
If you signed a contract that had a deposit clause in it then you may be out of luck. (you can fight an illegal clause and you will win eventually but is it worth the bad blood?)
http://english.molab.go.kr/
http://www.molab.go.kr:8001/english/policy/labor_policy/pol0803_3.jsp
http://www.molab.go.kr:8001/download/_20051220144304549.pdf (korean labor act)
Hightlights of the labor act:
-If they take the deposit from you and do NOT take the deposit from their Korean Employees then they are in violation of section 5 of the labor act.
-By using the deposit to ensure your contractual fulfillment of a labor contract they are in contravention of section 6 of the labor act.
-By requiring the deposit in contravention of this act they are in violation of section 22 of this act.
-Article 27 of the labor act PROHIBITS penalties for non observance of a labor contract. (deposits to ensure observance of a labor contract are illegal).
-Article 29 PROHIBITS forced savings (they can't claim the deposit is a savings instead of a potential penalty).
-Article 30 Prohibits your termination of employement for NOT agreeing to their illegal acts.
Please feel free to read more. |
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Sody
Joined: 14 May 2006
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| Posted: Wed Jul 26, 2006 3:31 am Post subject: |
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I am with GEPIK and I had that silly clause in my contract as well. Before I started work I actually agreed with the idea. I think that if you are going to actually inhabit an apartment with their furniture and equipment, you should give them a deposit because there are many losers out there who rip off employers here in Korea. Yes, yes I know it is mostly employers who rip off employees but nevertheless the clause is fair considering that you are getting free rent and using their furniture. You will get the money back so no worries.
After my first few payments I realized that they weren't making me pay the deposits and so I asked. They said it wasn't necessary and that they trusted me. So if you do have that silly clause and you know they trust and like you as a teacher then I would just tell them you don't feel comfortable paying it and ask them not to charge you. If they still insist then I would suggest not getting into a pickle over it and just pay the damn deposit. This is GEPIK, not some crap hagwon, you will get your money back.
I would strongly recommend that if you did sign such a contract then you not try and fight over such a technicality. You will only cause more problems with your relationship and unneeded strain.
Sody |
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ajgeddes
Joined: 28 Apr 2004
Location: Yongsan
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| Posted: Wed Jul 26, 2006 4:25 am Post subject: |
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| Sody wrote: |
I am with GEPIK and I had that silly clause in my contract as well. Before I started work I actually agreed with the idea. I think that if you are going to actually inhabit an apartment with their furniture and equipment, you should give them a deposit because there are many losers out there who rip off employers here in Korea. Yes, yes I know it is mostly employers who rip off employees but nevertheless the clause is fair considering that you are getting free rent and using their furniture. You will get the money back so no worries.
After my first few payments I realized that they weren't making me pay the deposits and so I asked. They said it wasn't necessary and that they trusted me. So if you do have that silly clause and you know they trust and like you as a teacher then I would just tell them you don't feel comfortable paying it and ask them not to charge you. If they still insist then I would suggest not getting into a pickle over it and just pay the damn deposit. This is GEPIK, not some crap hagwon, you will get your money back.
I would strongly recommend that if you did sign such a contract then you not try and fight over such a technicality. You will only cause more problems with your relationship and unneeded strain.
Sody |
Actually, I agree with this 100%. You are going to get it back, so don't worry about it, kind of like some forced savings.
However, Jasobang has his own apartment, so what is he paying the deposit on? It doesn't make any sense to be paying a deposit when there is nothing to be paying it upon. It's like paying car insurance and not having a car. |
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Francis-Pax
Joined: 20 Nov 2005
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| Posted: Wed Jul 26, 2006 4:59 pm Post subject: Re: GEPIK indemnity clause |
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| Jasobang wrote: |
Anyone who has fought this, and won? I do my own housing so this wasn't an issue, until about 10 minutes ago. The vp wants to follow suit with all that is GEPIK and has decided that I pay the 900,000 over a few months. It's not the issue of money but rather the trust issue.
I heard it was illegal and that some teachers won their case by referring to the labour board. Their respective schools removed the clause.
I'm ready to fight this but I need a little ammo. I'll be calling the MOL shortly, but in the meantime, does anyone have any first hand knowledge of this? |
I am currently waiting out my last few weeks in the GEPIK program at an elementary school. In my own case, I had my own housing: I paid the deposit and I pay the monthly rent. I even had my own furniture. With all of this, the school STILL took out the 900,000won from my pay. I never questioned getting my money back, but I could not understand the purpose of taking out the 900,000won when I was covering the full expense of my housing. |
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Grotto
Joined: 21 Mar 2004
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| Posted: Wed Jul 26, 2006 5:27 pm Post subject: |
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| When I signed on with GEPIK I told the school I didnt want the deposit removed....the secretary said I had to....I referred him to the labour board and they told him such deposits are illegal and I never heard another peep about it! |
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Francis-Pax
Joined: 20 Nov 2005
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| Posted: Wed Jul 26, 2006 11:53 pm Post subject: Re: GEPIK indemnity clause |
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| Francis-Pax wrote: |
| Jasobang wrote: |
Anyone who has fought this, and won? I do my own housing so this wasn't an issue, until about 10 minutes ago. The vp wants to follow suit with all that is GEPIK and has decided that I pay the 900,000 over a few months. It's not the issue of money but rather the trust issue.
I heard it was illegal and that some teachers won their case by referring to the labour board. Their respective schools removed the clause.
I'm ready to fight this but I need a little ammo. I'll be calling the MOL shortly, but in the meantime, does anyone have any first hand knowledge of this? |
I am currently waiting out my last few weeks in the GEPIK program at an elementary school. In my own case, I had my own housing: I paid the deposit and I pay the monthly rent. I even had my own furniture. With all of this, the school STILL took out the 900,000won from my pay. I never questioned getting my money back, but I could not understand the purpose of taking out the 900,000won when I was covering the full expense of my housing. |
Perhaps, it was a form of self-insurance (sarcastic). |
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cubanlord
Joined: 08 Jul 2005
Location: In Japan!
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| Posted: Thu Jul 27, 2006 12:07 am Post subject: |
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| ajgeddes wrote: |
| Sody wrote: |
I am with GEPIK and I had that silly clause in my contract as well. Before I started work I actually agreed with the idea. I think that if you are going to actually inhabit an apartment with their furniture and equipment, you should give them a deposit because there are many losers out there who rip off employers here in Korea. Yes, yes I know it is mostly employers who rip off employees but nevertheless the clause is fair considering that you are getting free rent and using their furniture. You will get the money back so no worries.
After my first few payments I realized that they weren't making me pay the deposits and so I asked. They said it wasn't necessary and that they trusted me. So if you do have that silly clause and you know they trust and like you as a teacher then I would just tell them you don't feel comfortable paying it and ask them not to charge you. If they still insist then I would suggest not getting into a pickle over it and just pay the damn deposit. This is GEPIK, not some crap hagwon, you will get your money back.
I would strongly recommend that if you did sign such a contract then you not try and fight over such a technicality. You will only cause more problems with your relationship and unneeded strain.
Sody |
Actually, I agree with this 100%. You are going to get it back, so don't worry about it, kind of like some forced savings.
However, Jasobang has his own apartment, so what is he paying the deposit on? It doesn't make any sense to be paying a deposit when there is nothing to be paying it upon. It's like paying car insurance and not having a car. |
how long does it take for someone to get back their key money once they move out of the apartment? |
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