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Initial flight repayment

 
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sophie23



Joined: 06 Sep 2006
Location: TEXAS!

PostPosted: Sat Sep 09, 2006 7:40 am    Post subject: Initial flight repayment Reply with quote

a while back someone said something about it being illegal for your korean boss to take out the price of your flight over here from the first few months' pay. i was wondering- is it only illegal if it was NOT in your contract?
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Sat Sep 09, 2006 8:16 am    Post subject: Reply with quote

Normally the school pays for the flight. Some wait until the end of the contract to pay it, but I've not come across a school that pays and then deducts if from the salary.
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sophie23



Joined: 06 Sep 2006
Location: TEXAS!

PostPosted: Sat Sep 09, 2006 5:02 pm    Post subject: flight Reply with quote

well they say they will repay us at the end of the contract- it's like a safeguard to keep them from losing money if someone cuts out early.
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Grotto



Joined: 21 Mar 2004

PostPosted: Sat Sep 09, 2006 5:17 pm    Post subject: Reply with quote

Its illegal for them to take anything from your pay except taxes, health, and pension!

Dont let them!
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sophie23



Joined: 06 Sep 2006
Location: TEXAS!

PostPosted: Sat Sep 09, 2006 5:44 pm    Post subject: flight Reply with quote

well, where is the law that states this and how can we get our money back? we've been here since the end of june and they are taking the amount out in thirds. $200 each from Aug. pay, Sept. pay and Oct. pay. We havent gotten our Sept. or Oct. pay yet so they've only taken $200 each from my husband and i. I don't really know how we can approach this subject with our boss anyway seeing as how she's completely unreasonable.
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Grotto



Joined: 21 Mar 2004

PostPosted: Sat Sep 09, 2006 6:08 pm    Post subject: Reply with quote

Article 42 (Payment of Wages)
(1) Payment of wages shall be directly made in full to worker in cash; however, if otherwise stipulated by special provisions of laws or decrees or a collective agreement, wages may partially be deducted or may be paid by other than cash.

(2) Wages shall be paid more than once per month on a fixed day; however, this shall not apply to extraordinary wages, allowances, or any other similar payment or those wages provided for by the Presidential Decree.

Your contract is not a collective agreement and there is no law that allows them to take money from your pay at their whim
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sophie23



Joined: 06 Sep 2006
Location: TEXAS!

PostPosted: Sun Sep 10, 2006 1:55 am    Post subject: flight Reply with quote

how is our contract not a collective agreement- and where did those articles come from?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Sep 10, 2006 2:00 am    Post subject: Re: flight Reply with quote

randidnar22 wrote:
how is our contract not a collective agreement- and where did those articles come from?


The articles are from the Korean labor act (ministry of labor website) http://www.molab.go.kr/ .

It is NOT a collective agreement because you are a single entity and therefore it is nothing more than a labor contract and it cannot contravene the labor act .

CHAPTER Ⅱ
Labor Contract
Article 22 (Labor Contract contrary to This Act)
(1) A labor contract which establishes conditions of employment
which do not meet the standards provided for in this Act shall
be null and void to that extent.
(2) Those conditions invalidated in accordance with the
provisions of paragraph (1) shall be governed by the standards
provided herein.
Article 23 (Term of Contract)
The term of a labor contract shall not exceed one year,
except in cases where there is no term fixed or a term is fixed
as necessary for the completion of a certain project.
Article 24 (Statement of Terms of Employment)
An employer shall clearly state remuneration, working hours,
and other terms of employment to a worker at a time when a
contract of employment is concluded. In this case, matters as to
each constituent item of remuneration, and the methods of calculation
and payment shall be specified according to the methods prescribed
by the Presidential Decree.


Hope that helped clarify things for you.
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sophie23



Joined: 06 Sep 2006
Location: TEXAS!

PostPosted: Sun Sep 10, 2006 8:47 am    Post subject: flight repayment Reply with quote

so how exactly should i approach my boss about this?
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just because



Joined: 01 Aug 2003
Location: Changwon - 4964

PostPosted: Sun Sep 10, 2006 9:33 am    Post subject: Reply with quote

Basically if you have agreed to have your airfare taken out of your pay then you don't have a leg to stand on...

There is no law that states that Korean bosses have to pay a return airfare for foreign employess...just an incentive to get people over here
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sophie23



Joined: 06 Sep 2006
Location: TEXAS!

PostPosted: Sun Sep 10, 2006 5:04 pm    Post subject: :o\ Reply with quote

that's what i figured Sad oh well
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