Korean Job Discussion Forums

RnH · Joined: 02 Aug 2006 Location: Korea

We are currently working in Korea. We have been working here for 5/6 months now. Things aren't THAT bad, we won't go into detail, but we are very unhappy, mainly due to the fact that we really don't get along with management. We have had countless run-ins with them in the past and nothing seems to get better - just as things may start to get better, they always throw something 10 times worse at us. All of us teaching at the school always complain, cuz unfortunately, everything that the school does is in our contracts(yes, we were all nieve teachers!). So we can't fight. So anyway, due to the fact that we came to Korea to enjoy it as we are travellers (and of course to make money to travel!), we have decided that it may be agood idea to just pull out now before Korea becomes a place that we don't want to remember! We have looked at countless jobs on the net and we have been offerred 200 to 300 000 more than what we are getting now..so that has really given us the determination to just get out. But the catch - a letter of release. We don't know if the situation is going to turn bad: So we want to know what they are LEGALLY entitled to do or what they are LEGALLY entitled to take from us money-wise. We have already paid $1000 between the two of us as a deposit for utilities and they paid for our plane tickets of $700 each to get us here. We have heard that if you stayed 6 months you can get the plane ticket money back..but is this the law? Also, are they legally entitled to keep our deposit money? We will be giving them a months notice..but we have no intention of staying until they find a new teacher as the contract states we must.
How do you think we should go about terminating this contract?? Thank you SO much for your help! We really need some advice!

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

I normally DO NOT advocate for a midnight run.

Usually I would advocate staying and working it out or giving notice and leaving in the proper manner.

In this case, I honestly suggest that you pull a runner. You will NOT win in the short haul with this blood sucker.

The aggravation of trying to fight it out in this case is not worth it.

Most of the clauses you are complaining about are NOT illegal IF you were foolish enought to contractually agree to them in the first place.

The same with deposits. They are only illegal if you DID NOT agree to them in writing by signing the contract.

No repayment of airfares is a contractual matter NOT a labor board matter.

The loss of salary penalty is illegal and the salary is recoverable.

Your potential losses by quitting in an honest manner are too high compared to just leaving and losing your deposit.

Get on an airplane and LEAVE the country the day after payday.

Come back the next day on a tourist stamp if you want and work from there or just take a nice holiday on the beach till you find something better.

Cut your losses and pull the runner.

If you want to fight your losses and try to recover your deposit money and any other unpaid salary the day after you return, then fine.

You won't be under a 14 day exit order (which is what will happen when you quit). You will have the leisure of 30-180 days on your tourist visa waiver stamp (depending on where you are from) to fight your case with the labor board. They will also get you a release so you can find another job.

Edited: I had suggested that you name the branch of your hakwon but in hindsight, it would be better if you didn't do it until AFTER you leave.

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RnH · Joined: 02 Aug 2006 Location: Korea

Thanx for the advice! Yes, we really are in a difficult situation. What we were thinking is that if we take another job paying us a little more than we are earning now for the rest of our time in korea (we hope to be here for at least another 18 months), then we can make up our lost deposit money and plane tickets. So we are not THAT worried about those things, We also know that we can get that 70% back somehow because it is illegal, but the contract says that we need to stay until they find another teacher..so how do we get over this..as we are only willing to give a max of one months notice! We are not really keen on the midnight run thing - I know, we are suckers for punishment, but we really want to do it as legally as we can.

justagirl · Joined: 17 Jan 2003 Location: Cheonan/Portland

good luck

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

Grotto · Joined: 21 Mar 2004

If the Instructor's resignation is determined to be voluntary(unilateral and without just cause), the Instructor will be reimbursing the round trip airfare that institute had provided,

illegal...after 6 months you no longer owe for the airfare to Korea

the Instructor will forfeit any accumulated but unpaid salary or bonus, or other incentive pay not yet paid.

illegal they must by law pay you the salary owed

Institute shall receive its reimbursement for the above cost by keeping the portion of unpaid but earned salary or bonus or deposit necessary to cover these costs (and any other personal costs and debts, any unpaid utilities, and any damages to Institute Teacher leaves behind--) The institute will give the balance to Teacher either in person or by mailing.

Illegal....for them to hold your wages for damages they must seek said damages in a court of law....the costs associated with filing for and proving said damages would far outwiegh the amount they took

RUN! Get paid, get an advance and get out!

RnH · Joined: 02 Aug 2006 Location: Korea

Thanx for the advice! Do you think the labor court is going to see things from our side?

Grotto · Joined: 21 Mar 2004

If they try to keep your salary the labour board will back you up.

If they try to make up deductions and with-hold money they will back you up.

StAxX SOuL · Joined: 04 Jan 2006 Location: London

Sorry to steal in on your thread but...

Grotto · Joined: 21 Mar 2004

The process is usually at least a month or so long.

Go to the labour board and they will usually tell you to try to work it out with your boss. 2 weeks after your last pay if your boss still hasnt come through with your money you can go back and file formally. Then things start to get moving. They usually call the your school to get their side of the story, this is one reason its important to have a Korean friend who can explain your side clearly. Make sure you keep any paystubs, contact and paperwork that supports your claim.

joyfulgirl · Joined: 05 Jan 2006

i went to the labour board after my pay was 2 weeks late, and they told me to come back in 2 MONTHS, 'cause i was still an employee of the school.

tho, my coworkers, in the same boat about pay, but leaving the country (and obviously, job) soon, had better luck. they didn't get all they were owed before they left the country - pay yes, not bonuses, and deposits, but the labour board stayed on their case, thanks to a 'power of attorney' here...or, someone who kept making calls and going to the labour board on their behalf. they have recently (late, but finally) been paid in full, i'm sure because of the pressure from the labour board.

wylies99 · Joined: 13 May 2006 Location: I'm one cool cat!

poet13 · Posted: Wed Sep 06, 2006 4:47 pm Post subject:

"We will be giving them a months notice..but we have no intention of staying until they find a new teacher as the contract states we must. "

Is that part even legal?

some waygug-in · Joined: 25 Jan 2003

No, it's not legal and you do not have to stay past a month.

Getting a letter of release though, may be difficult.