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Mr. Pink
Joined: 21 Oct 2003
Location: China
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 Posted: Sun Jan 08, 2006 12:06 am Post subject: |
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| Grotto wrote: |
I agree. Tell them you want the deposit removed from the contract or remove it yourself and tell them that this is the contract you are willing to sign.
Deposits are illegal and the labour board will back you up if you fight it(even if you signed the contract first) |
I'd really like to see some hard evidence that deposits are illegal.
Considering that most employers who provide housing deduct a deposit, I can't see the 10,000s of these employers doing something that is illegal. The contract should be legal before immigration and the ministry of education gives the okay. |
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Homer
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| Posted: Sun Jan 08, 2006 5:32 am Post subject: |
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For the one-millionth time Grotto...if the deposit clause is included in the contract and the contract is signed by both parties...then it is not illegal as it becomes a contractual agreement.
The law you are refering to but never quote concerns a school taking a deposit from a teachers' pay without any previous written agreement. |
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Grotto
Joined: 21 Mar 2004
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| Posted: Sun Jan 08, 2006 8:28 am Post subject: |
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It becomes illegal the second you fight it.
Throughout GEPIK there is a clause in the contract deducting 900,000 won from your pay, 300,000 won a month.
Now they all refused to remove it from the contract(no surprise there). When I recieved my first paycheque they deducted the 300,000 I contacted the labour board and complained.....they contacted the school and told them: Deposits are illegal...I got my money back the very next day and that was the end of that.
If you dont say anything and let them take your money then its a non issue.
If you stand up for yourself, instead of taking it up the ass like a good little foriegner, then it is illegal. |
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Mr. Pink
Joined: 21 Oct 2003
Location: China
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| Posted: Sun Jan 08, 2006 2:05 pm Post subject: |
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| Grotto wrote: |
It becomes illegal the second you fight it.
Throughout GEPIK there is a clause in the contract deducting 900,000 won from your pay, 300,000 won a month.
Now they all refused to remove it from the contract(no surprise there). When I recieved my first paycheque they deducted the 300,000 I contacted the labour board and complained.....they contacted the school and told them: Deposits are illegal...I got my money back the very next day and that was the end of that.
If you dont say anything and let them take your money then its a non issue.
If you stand up for yourself, instead of taking it up the ass like a good little foriegner, then it is illegal. |
I want hard evidence it is the law. Perhaps the labor board just scared them. There is a difference.
I am with Homer on once you sign the conditions of your contract, it then becomes legally binding.
I will actually look into this myself. I really hate how people take what is on Dave's as the truth without hard evidence. |
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Cheonmunka
Joined: 04 Jun 2004
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| Posted: Sun Jan 08, 2006 3:42 pm Post subject: |
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I wonder if government departments recognize English worded contracts anyway?
I would presume that common law supercedes a contract written between two people.
It makes sense that national law is more important than between two parties. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Mon Jan 09, 2006 12:32 am Post subject: |
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| Cheonmunka wrote: |
I wonder if government departments recognize English worded contracts anyway?
I would presume that common law supercedes a contract written between two people.
It makes sense that national law is more important than between two parties. |
I believe that in public school contracts it states that the governing language shall be Korean, but maybe that's just GEPIK? |
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peppermint
Joined: 13 May 2003
Location: traversing the minefields of caddishness.
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| Posted: Mon Jan 09, 2006 12:52 am Post subject: |
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| My contract has a clause that says the governing language is Korean, but the school can be held liable if there's a difference in the English and Korean versions. |
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Pak Yu Man
Joined: 02 Jun 2005
Location: The Ida galaxy
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| Posted: Mon Jan 09, 2006 6:30 am Post subject: |
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| Mr. Pink wrote: |
I want hard evidence it is the law. Perhaps the labor board just scared them. There is a difference.
I am with Homer on once you sign the conditions of your contract, it then becomes legally binding.
I will actually look into this myself. I really hate how people take what is on Dave's as the truth without hard evidence. |
Anything they put into a contract that you sign your name on is probably legal by Korean standards.
"you see right hee...you agreed to donate half your pay. You signed it...tough luck waygook"
You sign it...tough shiat. |
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blackjack
Joined: 04 Jan 2006
Location: anyang
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| Posted: Mon Jan 09, 2006 1:50 pm Post subject: |
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i haven't moved to korea yet but i had a look at korean employment law web page, and it appears that a contract can't violate the employment law, if it does that section which does becomes void.
I think it is the same in most countries. The employment law lays down a base standard (eg pay, holidays, etc) and if the contract violates these, then, you get the minimium allowed by law. Thats why this is the first contract which i have ever read. I never bothered reading any of my NZ ones.
Well that was my understanding (but i am a newbe) |
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