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I need some advice
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Kristy Hibbitt



Joined: 27 Oct 2003

PostPosted: Mon Nov 03, 2003 10:18 pm    Post subject: I need some advice Reply with quote

I have to return home for personal reasons and I have told my school. My contract stipulates that I have to give written notice and work until a replacement arrives but my school understand that I have told them when I want to leave so I can because my grandmother is sick.

Now, I will be working exactly 6 months. My school have now asked for the airfare back that they paid to get me here even tho its not in my contract. They claim its for recruiter fees etc. They then said that if I find a replacement within Korea I don't have to pay it back. Are they allowed to do this?

At the moment they have my alien card and before I had told them I was leaving they checked with travel agents to see if I had booked a ticket home. Now I just want to leave asap but am scared to go through immigration without my card and in case they have reported me for something. I'm really in a pickle and any advice would be greatly appreciated.
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rapier



Joined: 16 Feb 2003

PostPosted: Mon Nov 03, 2003 10:52 pm    Post subject: Reply with quote

Why not just visit your sick grandmother for a few weeks and then come back?
It sounds to me like you've decided you don't like your school and want to leave,regardless of wether a family member was sick or not. If you wrote that your school had treated you very badly, I might have more sympathy.
But it sounds like you've just got homesick and want to see mummy again, never mind that your school invested heavily in getting you out here and setting you up...
Unless the school is really terrible, you could at least try and find them a replacement.....
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Kristy Hibbitt



Joined: 27 Oct 2003

PostPosted: Mon Nov 03, 2003 11:15 pm    Post subject: Reply with quote

I just wanted some advice and to know what my rights were. Not a personal attack. Cheers.
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Corporal



Joined: 25 Jan 2003

PostPosted: Tue Nov 04, 2003 12:22 am    Post subject: Reply with quote

He wasn't really attacking you. Just trying to get a better idea of your situation, which you weren't particularly clear on. I believe he said "it sounds like..." which is a reasonable thing to say. Cheers.
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Gord



Joined: 25 Feb 2003

PostPosted: Tue Nov 04, 2003 12:48 am    Post subject: Reply with quote

Kristy Hibbitt wrote:
I just wanted some advice and to know what my rights were. Not a personal attack. Cheers.


Your contract states you agreed to submit written notice and work until your replacement arrives.

Your "legal rights" pretty much are limited to ensuring that over the entire time you were here that you were not paid less than 2,140 Won an hour after non-goverment deductions. You've been here six months, probably were on-site for 700 hours and made no less than 11 million Won, so about 15,000 Won an hour just for being at the school (I'm doing total time, not "teaching hours"). Assuming they subtract airfare at a million, that leaves you at 14,000 an hour.

Well, you're still ahead of the game. Let's pretend they go out completely to screw you over: They deduct housing costs at 300,000 a month. We're in the 12,000 Won an hour game. Deduct the cost of a new recruiting fee and paying someone to babysit you when you arrive, and now we're dipping just below 10,000. We've got one hell of a buffer to work through before we hit the magical 2,140 Won.

All that you're doing now is trying to negociate a new deal, thus the questions on what your intentions are and for more details. The "they can't deduct the airfare" isn't going to be found as a legal remedy to the problem before you.

I am willing to submit my opinion on what you should do after you tell us more of the details.
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maxxx_power



Joined: 17 Mar 2003
Location: BWAHAHAHAHA! I'M FREE!!!!!!!

PostPosted: Tue Nov 04, 2003 1:34 am    Post subject: Reply with quote

If you really want to leave and don't plan on coming back, tell the immigration guy that you lost your alien card as you process before getting on the plane.

100,000 won fine and you're home free.

Do this after payday, hopefully before they have made any deductions and YOU should be OK.

Correct me if I'm wrong please, but this is how I understand it can work.
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canuckistan
Mod Team
Mod Team


Joined: 17 Jun 2003
Location: Training future GS competitors.....

PostPosted: Tue Nov 04, 2003 1:47 am    Post subject: Reply with quote

If you really have worked 6 months, you shouldn't have to pay back anything, that includes recruiter fees. I suspect they're just pissed you want to leave quickly. Although waiting until your replacement arrives is the decent, professional thing to do:

How To Escape
Get all your money out of the bank. Exchange all or enough to US$ to pay for a flight home from Japan. Korean Won mean very little in Japan.
If you don't have your alien registration card when you leave the country, you are sometimes fined 100,000 won. Just tell immigration you lost it and see what happens. Have the Won cash on hand in case you have to pay the fine. If you don't feel like fighting about it, get a train/bus to Pusan, take the ferry to Japan, and fly home from Japan.
*They can't keep you here if you don't want to be and don't ever let anyone make you believe they can*
I would have a copy of your contract with you ie: showing your starting date just in case, and the tel number of your embassy to whom you will scream bloody murder if you have to.
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rapier



Joined: 16 Feb 2003

PostPosted: Tue Nov 04, 2003 2:00 am    Post subject: Reply with quote

Thankyou Corporal. I have a problem with people fleeing Ok schools just cos they feel like it. Undermines the position of people who take their teaching half seriously and stay out here a long time. We end up having security deposits and all sorts of mechanisms in our contracts because employers here are sick of tearaways coming out here and running.
I reckon that esl teachers should at least have some experience of travelling/backpacking, living in another country, before they even think of signing a years contract in a new, alien country such as Korea.
Either that, or hakwons must stop signing up 20yr old grads fresh out of uni, who've never left their hometown before.
Cheers.
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Kristy Hibbitt



Joined: 27 Oct 2003

PostPosted: Tue Nov 04, 2003 2:09 am    Post subject: Reply with quote

OK, I understand. A little more on my situation. I live at my school in a dorm with 5 other people and we are monitored everytime we walk in and out the door. They are in the process of building teachers suites tho for all the teachers.

I was paid 2.3 million won and worked 37 hours a week, primarily in kindergarten with some elementary classes. I had no training and wasn't babysat when I got here. I went straight into teaching 5 kindergarten classes a day with no experience. Typical Korean way criticised almost everyday for what I wasn't doing right. For my last month I am now doing middle school and elementary and my pay has dropped as has my hours.

We have had a lot of problems with maintenance at the school which as a result has cost us. Whilst I had trouble when I first got here settling in I got used to it and started to enjoy the work. Then my nanna got sick (I am not lying, thanks to all those who cried "wolf") and there was a possibility that I had to leave in December but not definite. My school got word and asked for my alien card until I made my decision.

I then found out that my grandmother is having heart surgery in December(not something to visit for a few weeks for) and I told my school asap. I provided the letter and they understood when I wanted to leave. I was under the impression that working 6 months I wouldn't have to pay the airfare back which is why I was asking. I will need all the cash I can for when I get home. As yet, they haven't given me my alien card back.

I have actively been looking for a replacement and have had a few offers but noone seems willing to look beyond the boundaries of Seoul at the moment. From the way its going it will be more beneficial for me to leave after my next pay, again the advice about immigration.

I hope this clarifies a few things. I just wanted some advice. I understand from the schools point of view why they want it back. It just took me by surprise because I thought that if they want recruiter fees reimbursed and the airfare, it should be stipulated in the contract.
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Kristy Hibbitt



Joined: 27 Oct 2003

PostPosted: Tue Nov 04, 2003 2:12 am    Post subject: Reply with quote

Just as an ad lib, I gave them 6 weeks notice. I am not leaving at the drop of a hat.
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waterbaby



Joined: 01 Feb 2003
Location: Baking Gord a Cheescake pie

PostPosted: Tue Nov 04, 2003 4:32 am    Post subject: Reply with quote

Just an aside ... let this be a lesson to all... *NEVER give up your alien card or your passport!*

Also Kristy, it is not a legal requirement for schools to pay for your airfare to or from Korea. It's something they do to attract people with little cash upfront who might otherwise got to Japan or Taiwan. But what exactly does your contract say about your airfare? Does it say that if you leave within 6 months you have to pay it back?


Quote:
Now, I will be working exactly 6 months.


How much notice to break your contract does your employer require (what's in your contract?)

Do you mean that you will have worked exactly six months after you've worked the period of you notice? Is that why you gave 6 weeks notice - to bring you right up to that six month point so that you can argue your case for your airfare? Confused
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Kristy Hibbitt



Joined: 27 Oct 2003

PostPosted: Tue Nov 04, 2003 5:05 am    Post subject: Reply with quote

No, I'm not working exactly 6 months to argue the airfare. That is the longest I can work before my grandmother has an operation. If it was 4, 5, 6, 7 or 8 months I'd still be going home then. I'm questioning it more because its not in my contract and that raises a whole lot of other contract questions. I am very actively looking for a replacement because I'm trying to be fair to my school. Thats why I gave them notice when I did.

My contract wording says
"The school will provide a round trip airfare on completion of the contract"


On Contract Termination
"If B(me) breaks the contract for personal reasons B has to provide written notice and work until a replacement teacher arrives"

Their argument for the airfare is that they lost out on recruiter fees and I can agree with that but from my point of view, if they want reimbursement for it, it should be in the contract. Thats all the foreign teacher has to go by as a guideline for situations such as this. I'm not trying to gip my school or take them for a ride at all.
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Gord



Joined: 25 Feb 2003

PostPosted: Tue Nov 04, 2003 5:16 am    Post subject: Reply with quote

Kristy Hibbitt wrote:
My contract wording says
"The school will provide a round trip airfare on completion of the contract"


On Contract Termination
"If B(me) breaks the contract for personal reasons B has to provide written notice and work until a replacement teacher arrives"

Their argument for the airfare is that they lost out on recruiter fees and I can agree with that but from my point of view, if they want reimbursement for it, it should be in the contract. Thats all the foreign teacher has to go by as a guideline for situations such as this. I'm not trying to gip my school or take them for a ride at all.


From a strictly legal standpoint, you owe them the money back from airfare. It's no different than if they had prepaid you your salary for a period you failed to complete.

The "teacher does not have to repay airfare arrival costs in getting to Korea if they remain six months or more" is for your protection, not theirs.

Legally, you owe the school money for the airfare if you quit.
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mack the knife



Joined: 16 Jan 2003
Location: standing right behind you...

PostPosted: Tue Nov 04, 2003 6:40 am    Post subject: Reply with quote

Just ignore/forget Gord's legal shmegal jabberty-jibe.

Pay the airfare because it's the right thing to do. Why is it the right thing to do? Not because of what some contract says, but because there are so many teachers who abuse the airfare "bonus". This smears all of us who are still here (working hard for our money). Yes, we all know hogwon owners are angelic in their business practices...but...

Bottom line...

You came...you worked...you got paid. You had some good times and bad times at your school. Leave with a pocket full of change and memories to last a lifetime.
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eamo



Joined: 08 Mar 2003
Location: Shepherd's Bush, 1964.

PostPosted: Tue Nov 04, 2003 7:34 am    Post subject: Reply with quote

rapier wrote:
Thankyou Corporal. I have a problem with people fleeing Ok schools just cos they feel like it. Undermines the position of people who take their teaching half seriously and stay out here a long time. We end up having security deposits and all sorts of mechanisms in our contracts because employers here are sick of tearaways coming out here and running.
I reckon that esl teachers should at least have some experience of travelling/backpacking, living in another country, before they even think of signing a years contract in a new, alien country such as Korea.
Either that, or hakwons must stop signing up 20yr old grads fresh out of uni, who've never left their hometown before.
Cheers.


I don't agree. You think people should live out their 12 months in an unhappy situation?

We are not bound by the contract to that extent. It works the same way at home. If you really don't like a job the you should leave it. Why see yourself as a prisoner to a contract?

Korean hagwon contracts are generally made out so as a teacher who leaves early loses out money-wise. That's fair. But to say that we should all work the 12 months no matter what is too absolute for me.
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