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StAxX SOuL
Joined: 04 Jan 2006
Location: London
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 Posted: Thu Sep 07, 2006 6:48 am Post subject: So... What's The 6 Month Airfare Rule? |
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Is there one?
Well, after sitting down with my boss I'm seeing some light near the end of the tunnel and have secured a release date... however after a lengthy discussion one area of contention remained, that of the airfare in...
Now, from my reading on this board, I have been under the impression that once 6 months have passed, you're under no obligation to pay your employer the money spent on your one-way airfare... you lose out by not getting your return airfare but you've been here 6 months so you don't have to foot the bill for your arrival... however, is there actually any legal grounding for this or is it just an unwritten rule that can only be enforced if its written into your contract?
If I may include the contract terms related to 'Airfare':
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1.4
If the Employee or Employer wishes to terminate the employment contract prior to the agreed date of expiration, the Employee has to pay a fine of the equivalent of the round trip airfare which the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school |
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4.9 Airfare
The Employer will provide a round trip ticket to and from Korea and the employee should submit the ticket to the Employer and the Employer will return it to the Employee when he or she completes the contract and leaves Korea. However, according to the Article 1.4, the round trip ticket is provided only when the Employee completes the contract successfully. Therefore, he / she has to pay a fine of the equivalent of the round trip airfare that the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school |
Now, I've expressed my opinion as to the wholly ambiguous nature of the above terms, and how ridiculous it would be for me to pay a round trip fare when a round trip was never actually purchased in the first place... but then she changed her story to me paying the cost of the flight in to Korea citing the two terms as authority for that even though I'll have been at the hagwon for 7 months.. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Sep 07, 2006 6:52 am Post subject: Re: So... What's The 6 Month Airfare Rule? |
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| StAxX SOuL wrote: |
Is there one?
Well, after sitting down with my boss I'm seeing some light near the end of the tunnel and have secured a release date... however after a lengthy discussion one area of contention remained, that of the airfare in...
Now, from my reading on this board, I have been under the impression that once 6 months have passed, you're under no obligation to pay your employer the money spent on your one-way airfare... you lose out by not getting your return airfare but you've been here 6 months so you don't have to foot the bill for your arrival... however, is there actually any legal grounding for this or is it just an unwritten rule that can only be enforced if its written into your contract?
If I may include the contract terms related to 'Airfare':
| Quote: |
1.4
If the Employee or Employer wishes to terminate the employment contract prior to the agreed date of expiration, the Employee has to pay a fine of the equivalent of the round trip airfare which the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school |
| Quote: |
4.9 Airfare
The Employer will provide a round trip ticket to and from Korea and the employee should submit the ticket to the Employer and the Employer will return it to the Employee when he or she completes the contract and leaves Korea. However, according to the Article 1.4, the round trip ticket is provided only when the Employee completes the contract successfully. Therefore, he / she has to pay a fine of the equivalent of the round trip airfare that the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school |
Now, I've expressed my opinion as to the wholly ambiguous nature of the above terms, and how ridiculous it would be for me to pay a round trip fare when a round trip was never actually purchased in the first place... but then she changed her story to me paying the cost of the flight in to Korea citing the two terms as authority for that even though I'll have been at the hagwon for 7 months.. |
Airfare is strictly a contractual matter.
It is NOT regulated under the labor act or immigration law.
The only exception is in the case that you are deported. In that circumstance your sponsor is liable and the Korean government can recover their cost of your deportation from him. |
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Grotto
Joined: 21 Mar 2004
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| Posted: Thu Sep 07, 2006 2:32 pm Post subject: |
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| Quote: |
1.4
If the Employee or Employer wishes to terminate the employment contract prior to the agreed date of expiration, the Employee has to pay a fine of the equivalent of the round trip airfare which the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school
Quote:
4.9 Airfare
The Employer will provide a round trip ticket to and from Korea and the employee should submit the ticket to the Employer and the Employer will return it to the Employee when he or she completes the contract and leaves Korea. However, according to the Article 1.4, the round trip ticket is provided only when the Employee completes the contract successfully. Therefore, he / she has to pay a fine of the equivalent of the round trip airfare that the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school |
predetermined penalty clauses are illegal.
This is not repaying the airfare this is listed as a fine...as such you are under no obligation to pay.
The labour board should back you up on this one!
Usually the labour board has ruled that after 6 months the airfare to Korea can no longer be held against the teacher. |
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StAxX SOuL
Joined: 04 Jan 2006
Location: London
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| Posted: Thu Sep 07, 2006 6:27 pm Post subject: |
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That's what my sentiments were exactly... it doesn't actually deal with the issue of repaying airfare, it's listed as a fine to compensate for the inconvenience... just so happens they decide to equate the fine with the cost of a roundtrip ticket
Nowhere in my contract is there anything about refunding the cost of my airfare in should I decide to leave before the 12 months... that's why I was searching to see if there was an established rule |
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krjames
Joined: 06 Jun 2006
Location: Suncheon
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| Posted: Fri Sep 08, 2006 5:42 pm Post subject: |
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You read what Grotto wrote??
The number to contact is 1350 and follow the instructions, English comes second after the Korean instructions so wait. The guys on the phone are very good and you can get eh contact number for your nearest Labor Office (노동사무사)
Sounds like you Director is an ok person, but it is still a business, you don't want to give money away don't assume she is any different.
Do things by the book and everyone should end up not feeling bitter and twisted.
Cheers |
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alabamaman
Joined: 25 Apr 2006
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| Posted: Sat Sep 09, 2006 11:02 pm Post subject: |
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| Quote: |
Quote:
1.4
If the Employee or Employer wishes to terminate the employment contract prior to the agreed date of expiration, the Employee has to pay a fine of the equivalent of the round trip airfare which the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school
Quote:
4.9 Airfare
The Employer will provide a round trip ticket to and from Korea and the employee should submit the ticket to the Employer and the Employer will return it to the Employee when he or she completes the contract and leaves Korea. However, according to the Article 1.4, the round trip ticket is provided only when the Employee completes the contract successfully. Therefore, he / she has to pay a fine of the equivalent of the round trip airfare that the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school |
Article 27 (Prohibition of Predetermination of Nonobservance)
An employer shall not enter into any contract by which a penalty or indemnity for possible damages incurred from nonobservance of a labor contract is predetermined.
is there contractual language suggesting nonobservance of a labor contract?
Yes
| Quote: |
| If the Employee or Employer wishes to terminate the employment contract prior to the agreed date of expiration, the Employee has to pay a fine |
When employers enter contractual language into labor contracts stating "pay a fine" for damages incurred for not complying with the terms and conditions, then predetermined nonobservance has been established.
Was Grotto correct when he said, "predetermined penalty clauses are illegal."
Yes |
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