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Question regarding clause in contract

 
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nate2008



Joined: 10 Apr 2008
Location: Daegu

PostPosted: Mon Aug 11, 2008 10:27 am    Post subject: Question regarding clause in contract Reply with quote

Cheers all,

I didn't want to post this in the contract sticky thread because it's just a public school contract that looks pretty standard. There is, however, a clause that I was not expecting.

It basically says that for the first 2 months, an "Indemnity" charge of 300,000 won will be "set aside" from my paycheck, making a total of 600,000 won that will be essentially held hostage until I complete the contract. If at the end of the contract I owe any money for anything (IE damages to housing, etc) it will be deducted from the 600,000. The rest will be paid back to me once I complete the contract.

Is this normal? I haven't really researched standard contracts at all but this caught me off guard.
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icicle



Joined: 09 Feb 2007
Location: Gyeonggi do Korea

PostPosted: Mon Aug 11, 2008 10:43 am    Post subject: Reply with quote

This is something which is becoming a standard part of public school contracts. GEPIK contracts actually have a 300,000 taken out for the first 3 months - so a total of 900,000 won held. It, less any outstanding bills/damange is given back to you with your final pay (It is supposed to be given back on your final day)
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nate2008



Joined: 10 Apr 2008
Location: Daegu

PostPosted: Mon Aug 11, 2008 12:22 pm    Post subject: Reply with quote

okay i had a feeling that was the case, thanks
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TBirdMG



Joined: 09 Dec 2006
Location: SF, CA, USA

PostPosted: Mon Aug 11, 2008 2:08 pm    Post subject: Reply with quote

Yes, per the previous poster's comments -- the "withholding" of anywhere from 500k to 1mil won to ensure the safe and secure return of housing (including paid bills, telephone, etc) is quickly becoming the norm.

However, the total amount held can be negotiable in many cases. Instead of 3 months at 300k, or 2 months at 500k, try to negotiate a one time withholding of 500k or less FLAT. This still expresses a goodwill gesture that you won't put too many holes in your apartment walls, and still frees up more of your salary...while reducing the sacrifice if you ever do indeed need to make a midnight run.

Good luck!

TB
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wylies99



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

PostPosted: Mon Aug 11, 2008 7:50 pm    Post subject: Reply with quote

Technically, it's against Korean labor law. But, many schools won't deal with you if you refuse to accept it.
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Tobias



Joined: 02 Jun 2008

PostPosted: Mon Aug 11, 2008 8:21 pm    Post subject: What are you guys doing? Reply with quote

What's up? Don't you people understand the word NO?

We're in demand here. If all teachers said 'no' to this BS, it wouldn't be a problem. Get a backbone.
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reimund



Joined: 01 Oct 2007

PostPosted: Mon Aug 11, 2008 9:38 pm    Post subject: Reply with quote

In my GEPIK contract, there is nothing that states what happens to the deposit if you quit early. Does anyone know?
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wylies99



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

PostPosted: Mon Aug 11, 2008 10:16 pm    Post subject: Reply with quote

If you stay in Korea, you can challenge any attempt to keep money from the deposit, at Labor. You'll win because it's against Labor law to keep the deposit, in the first place.
Don't use this as an excuse to trash your apartment because, if you stay in Korea, your former school can come after you to recoup legit losses due to damage they can prove you did in any apartment provided to you. Be an ADULT and don't trash your apartment when you leave.
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wylies99



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

PostPosted: Mon Aug 11, 2008 10:17 pm    Post subject: Reply with quote

reimund wrote:
In my GEPIK contract, there is nothing that states what happens to the deposit if you quit early. Does anyone know?


You SHOULD get it all back.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Tue Aug 12, 2008 1:17 am    Post subject: Reply with quote

This new rule acutally it has been around for years in one format or another to me seems fair. But try to negotiate what you think is fair for a end of year deposit. Also set up the rules of what it is for! Missed bills -OK, Damage to Apartment - OK, Missed days due to sickness (real) - nope., You leave at 11 months and they need to recoup recuiter fee - nope.

Also if you can try to set up a third person to hold it and run it! Thru that might end up being difficult. So if you leave said third person makes the choice of what is what and deducts!
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