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myenglishisno
Joined: 08 Mar 2011
Location: Geumchon
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 Posted: Thu May 05, 2011 11:03 pm Post subject: Contract ended early, employer wants me to keep paying rent |
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My previous employer was an adult hagwon which means that the rent was subsidized but not fully paid by the employer. I signed the contract before returning to Korea and when I returned they had a Key Money Addendum waiting for me that I had to sign before moving into my apartment. If I would've known about the Addendum before coming to Korea I would have never signed the original contract.
Anyway, the Addendum says that in the event an employee leaves before the contract is up (which they always do because of the working conditions), then the employee is responsible for paying rent on the apartment for the rest of the lease or until the land lord finds a new tenant.
The apartment is in the company's name, not mine. It's their apartment.
So what I'm wondering is if the Key Money Addendum is legally binding considering that I moved onto a different employer and my visa was transferred.
They trapped me into signing it as I signed it after I arrived and had no choice because I didn't have the funds to purchase my own apartment up front when I arrived.
They have no motivation or incentive to find a tenant which means I could be paying rent on the apartment for the rest of the lease.
Thanks for any advice. |
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lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
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| Posted: Thu May 05, 2011 11:19 pm Post subject: |
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| My previous employer was an adult hagwon which means that the rent was subsidized but not fully paid by the employer. |
I don't see how this makes any difference. If you got a normal E2 visa, then the usual thing is for the employer (public school, hagwon for kids, hagwon for adults, anywhere) to provide you a place to stay. Other than that, it is between them and the landlord, you are out of the picture.
| Quote: |
| I signed the contract before returning to Korea and when I returned they had a Key Money Addendum waiting for me that I had to sign before moving into my apartment. If I would've known about the Addendum before coming to Korea I would have never signed the original contract. |
Never sign this type of thing. Of course they didn't tell you until you came.
| Quote: |
| They trapped me into signing it as I signed it after I arrived and had no choice because I didn't have the funds to purchase my own apartment up front when I arrived. |
You had the choice not to sign it. You had to choice to fight this with them at the time. Now, you have waited. I don't know the legal ramifications.
Last edited by lifeinkorea on Fri May 06, 2011 12:35 am; edited 1 time in total |
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Triban
Joined: 14 Jul 2009
Location: Suwon Station
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| Posted: Thu May 05, 2011 11:27 pm Post subject: |
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| LOL.......................no |
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ESL Milk "Everyday
Joined: 12 Sep 2007
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| Posted: Thu May 05, 2011 11:28 pm Post subject: |
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| That is ridiculous. |
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myenglishisno
Joined: 08 Mar 2011
Location: Geumchon
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| Posted: Thu May 05, 2011 11:30 pm Post subject: |
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They're taking a month's rent off my last paycheque and they want me to transfer money to them every month.
I won't but if there would be legal ramifications (ie: they lawyer up and sue me) then I guess I kind of have to... 
The hagwon is a the biggest chain in Korea which makes me worry. If It was just a mom and pop hagwon I wouldn't even be posting about it here. |
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RMNC
Joined: 21 Jul 2010
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| Posted: Thu May 05, 2011 11:42 pm Post subject: |
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Bahahahahaha
No.
Stop talking to them, and tell them nothing. Vanish. Are you getting/did you get a new job in Korea? Do they know where you live or work?
It really doesn't matter, honestly, they're going to get a new teacher anyways. Why should you pay the new teacher's rent? They can't do anything to you, don't worry.
Also, just so everyone else knows, this is why you print out the contract before you're offered before you come over and you sign THAT one and nothing else. |
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ED209
Joined: 17 Oct 2006
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| Posted: Fri May 06, 2011 1:01 am Post subject: |
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| Change your phone number. Let them whistle in the wind. Did they pay taxes/pension/health insurance? If not, contact the relevant gov dept. |
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jrwhite82
Joined: 22 May 2010
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| Posted: Fri May 06, 2011 2:01 am Post subject: |
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Here's the problem though for the OP.
If you put YOUR money down for the key money, you will not get it back until a new tenant moves in and puts their key money down. And they will just deduct each months rent from it.
However, if you didn't put your money down...the worst they can do is take your last months pay.
You're kind of SOL if you want that money back because you'll have to go to the labor board to get it most likely and then they have this thing you signed that agrees to pay for rent until a new tenant moves in....
Last edited by jrwhite82 on Fri May 06, 2011 2:05 am; edited 1 time in total |
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jrwhite82
Joined: 22 May 2010
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| Posted: Fri May 06, 2011 2:03 am Post subject: |
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| RMNC wrote: |
Bahahahahaha
No.
Stop talking to them, and tell them nothing. Vanish. Are you getting/did you get a new job in Korea? Do they know where you live or work?
It really doesn't matter, honestly, they're going to get a new teacher anyways. Why should you pay the new teacher's rent? They can't do anything to you, don't worry.
Also, just so everyone else knows, this is why you print out the contract before you're offered before you come over and you sign THAT one and nothing else. |
This is good advice. What you do is make sure to sign EVERY SINGLE PAGE OF IT. That way they can't just staple an extra page and say it was part of the packet you agreed to. |
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myenglishisno
Joined: 08 Mar 2011
Location: Geumchon
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| Posted: Fri May 06, 2011 2:19 am Post subject: |
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| jrwhite82 wrote: |
Here's the problem though for the OP.
If you put YOUR money down for the key money, you will not get it back until a new tenant moves in and puts their key money down. And they will just deduct each months rent from it.
However, if you didn't put your money down...the worst they can do is take your last months pay.
You're kind of SOL if you want that money back because you'll have to go to the labor board to get it most likely and then they have this thing you signed that agrees to pay for rent until a new tenant moves in.... |
The only reason I signed the addendum was because I couldn't afford a place (it's their key money and not mine). If I hadn't signed it I would have been homeless for my first month |
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RMNC
Joined: 21 Jul 2010
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| Posted: Fri May 06, 2011 5:08 am Post subject: |
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| Great, glad you did that. Now, however, they can rot. If you have any leverage against them, be sure you have proof. Aside from that, don't ever talk to them or give them personal information (workplace, housing, bank info) about anything again. "Let them whistle to the wind" is sage advice. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Fri May 06, 2011 6:00 am Post subject: |
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| myenglishisno wrote: |
My previous employer was an adult hagwon which means that the rent was subsidized but not fully paid by the employer. I signed the contract before returning to Korea and when I returned they had a Key Money Addendum waiting for me that I had to sign before moving into my apartment. If I would've known about the Addendum before coming to Korea I would have never signed the original contract.
Anyway, the Addendum says that in the event an employee leaves before the contract is up (which they always do because of the working conditions), then the employee is responsible for paying rent on the apartment for the rest of the lease or until the land lord finds a new tenant.
The apartment is in the company's name, not mine. It's their apartment.
So what I'm wondering is if the Key Money Addendum is legally binding considering that I moved onto a different employer and my visa was transferred.
They trapped me into signing it as I signed it after I arrived and had no choice because I didn't have the funds to purchase my own apartment up front when I arrived.
They have no motivation or incentive to find a tenant which means I could be paying rent on the apartment for the rest of the lease.
Thanks for any advice. |
1) What does your original contract say about housing? Did they promise to pay part or all of the cost? Was there any reference to the school providing a housing allowance instead of providing the actual accomodation?
Depending on how the original contract was worded, your subsequent agreement may be perfectly legal and binding.
Or, it could be that they reneged on the original contract and that you were trapped into signing to mend a breach without proper "consideration" on the part of the employer to compensate for the breach.
2) They will no doubt make some deduction from your final pay to cover this contracted obligation. If you do not legally owe this money, you will have to sue to recover it.
3) If you run and hide rather than fight to get what they will probably owe you, or to avoid the risk them coming after you for additional payments, chances are they will not pursue you other than by email. The amount is small, and it is of questionable validity (see #1). If you had criminal charges pending against you it would be a different matter.
4) If you take steps to make sure the apartment is listed and quickly rented to a new tenant, you can end the whole problem by ending any period of outstanding rent due. This is called mitigating damages and is an obligation of all parties involved - in this case: you, the landlord and the school.
Everyone should be working to find a new tenant.
It's easier to settle the claims if the damages (lost rent) are kept small or at zero. |
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Hotpants
Joined: 27 Jan 2006
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| Posted: Fri May 06, 2011 6:05 pm Post subject: |
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Just walk away from it and 'disappear.'
The chances of them taking any action against you are next to nothing - it's not worth their time and money to go through the legal hoops for a bit of rent money which is negligible in their overall profits. And even if they did go through that route, the worst that could happen is that you get asked to pay the money. You're not going to be sued or sent to jail or blacklisted with immi for this AT ALL.
They may have already digged into your final paycheck. Perhaps little you can do about that except grin and take it. But they're certainly not entitled to more if you don't let them, regardless of the contract you signed. If you want extra peace of mind, transfer bank accounts before you surrender your ARC.
Just walk and don't worry about it. |
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PastorYoon
Joined: 25 Jun 2010
Location: Sea of Japan
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| Posted: Fri May 06, 2011 8:15 pm Post subject: |
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Yeah screw them!  |
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