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Not Paying Airfare Since GEPIK is Broke and Cast Me Out
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armyofone



Joined: 12 Sep 2009
Location: Bucheon, South Korea

PostPosted: Wed Aug 24, 2011 5:33 am    Post subject: Not Paying Airfare Since GEPIK is Broke and Cast Me Out Reply with quote

Okay, so let me start by saying, I think I'm screwed. That being said, I was hoping someone might have run into a similar situation and have some advice.

You see, I have worked at my GEPIK school for 2 years and back in late June/early July I renewed with them for a third year. Our new contract was set to go into effect in September and we were all eagerly looking forward to it. Things were signed, stamped, and submitted to GEPIK. We had even already renewed my visa to September 2012 in anticipation. Pursuant to the terms of our contract I then requested my 2 week homestay for August by submitting the paperwork to GEPIK. They approved it and I was then told to purchase an economy class ticket, which I did. I bought a non-refundable roundtrip ticket and was secure in the knowledge that this money would be reimbursed.

Oh, naivety!!

Flash forward to the day before I am set to go home. It was two hours before the end of the day. I had just finished lesson planning the ENTIRE FALL FREAKING SEMESTER, when my coteacher came in and told me she had some sad news.

Yes, I was one of the few, the proud, the people whom suddenly lost their jobs due to budget cuts. She told me it wasn't 100% yet, but that her recommendation was for me to look for a new job to start in September after our current contract ended.

I wavered on whether to go home or stay in Korea to look for a new position, but in the end the non-refundable nature of my ticket decided me. I went home for my two weeks. When I came back and broached the subject of airfare, I was told it was more sad news, since no one was willing to foot the bill.

Now, I know what you are going to say: S.O.L. YOU FOOL!!!! TIME TO PONY UP THE CASH!!

But......

Here is where the situation in my mind, gets conflicted. The contract I'm looking at wherein it states I get a refund and two extra weeks off (two weeks that no one at my school challenged me about or called foul on, mind you) is my 2010 one. I'm not challenging the fact that they are breaking the 2011 contract. I'm looking at what it says in the 2010 one. It says there that renewal or non-renewal will be determined within 60 days of contract completion. It then says, if renewed, I get the money. And guess what folks, I was renewed! There were rubber stamps on it. GEPIK freaking approved it. Tonight I even dug out a piece of paper signed by all parties entitled 'Notification of Renewal.' How much more renewed can a person get?? In my mind, according to the terms of my old contract, they should have to pay me the money. It says it in plain English and Korean: if renewed, they give you two weeks and a ticket. I was renewed, I was given two weeks, WHERE'S MY FLIPPIN' TICKET!?!?!?!??!

I get the new contract is now kaput. I get that I'm no longer renewed. But at the time I purchased that ticket, as advised by my school, I was unequivocally renewed. I didn't do anything in the intervening time to upset the status of my renewal. GEPIK went broke so the city lost funds and my school couldn't afford me. All of that is well and dandy, but in my 2010 contract it says NOTHING about not paying if the status of renewal changes at the last minute after that 60 days notice that they were supposed to give. And keep in mind that they actually granted me the 2 week vacation. I wasn't really entitled to 2 weeks off. They gave it to me. How can they honor term A but not term B, especially when they are the ones who defaulted on the contract?

Now, I get that I'm going to lose if I try and fight over it. I understand this and though it sickens me and I maintain that I'm being wronged here, I've faced the fact that I'm going to have to eat this bill even if I choke on it. I was hoping in my heart of hearts though that someone out there might be in my same boat and had managed to force the issue and get reimbursed. At the very least I was hoping that someone would express their pissed on my behalf, since I would like a little sympathy from the peanut gallery.

Thank you for reading my long-winded rant. If you need me, I will be brooding and listening to Ben Folds Five's 'Song for the Dumped.' It sums my feelings up nicely.
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Mr. Peabody



Joined: 24 Sep 2010
Location: here

PostPosted: Wed Aug 24, 2011 5:47 am    Post subject: Reply with quote

Wow... I read almost all of your post. I agree with you. GEPIK should pay you back for that ticket.

Now, go fight the good fight and keep us informed, corporal.
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Big Mac



Joined: 17 Sep 2005

PostPosted: Wed Aug 24, 2011 5:49 am    Post subject: Reply with quote

You should have at least got a return ticket at the end of your 2010 contract. That should have been in the contract. They should at least pay one way of your ticket home. It's questionable if they should pay your return airfare....though the fact that you were renewed and have the paperwork to prove it says that they should.

I would take this to the labour board. It's worth a try at least.
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koreatimes



Joined: 07 Jun 2011

PostPosted: Wed Aug 24, 2011 5:51 am    Post subject: Reply with quote

Quote:
I'm not challenging the fact that they are breaking the 2011 contract. I'm looking at what it says in the 2010 one.


Then, in the 2010 contract there is no 2011, hence no renewal. You didn't have hindsight back then nor could they.

Quote:
It says there that renewal or non-renewal will be determined within 60 days of contract completion. It then says, if renewed, I get the money. And guess what folks, I was renewed! There were rubber stamps on it. GEPIK freaking approved it. Tonight I even dug out a piece of paper signed by all parties entitled 'Notification of Renewal.' How much more renewed can a person get?


Let me get this straight, you want to logically argue for renewal benefits when you aren't actually going to renew? Not going to happen.

Either find another school or see if you can get airfare for what would be your end of the year arrangement. They should pay for teacher's airfare to leave, one way ticket. Maybe you can negotiate something there.

They want you to find another school though so they don't have to pay any airfare.
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denverdeath



Joined: 21 May 2005
Location: Boo-sahn

PostPosted: Wed Aug 24, 2011 5:57 am    Post subject: Reply with quote

I'm with you. I have always said/believed that a school should either provide the airfare or give you the cash equivalent(whether u actually buy a flight or not - it's their cheap way of trying to not pay for what they usu would have to pay for - some people actually don't want to go home/travel at end of contract, but should still b given the money - unis r different, but if there's a clause regarding airfare in a contract for a hakwon or public/private school and/or uni, they should honour it by either giving you the cash for the ticket you bought or a fair equivalent in cash. They know where ur from when they hire u, and should keep that in mind for when they either rehire or decide to not rehire u...). Others will say I'm wrong, like they have in the past, but I believe they're wrong as the airfare thing is a perk for working for either a hakwon or public/private school that, like in ur case, ends up being a bit of a nightmare in the end.
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rainism



Joined: 13 Apr 2011

PostPosted: Wed Aug 24, 2011 6:49 am    Post subject: Reply with quote

I'm confused about one thing.

the gepik contract states you'll get reimbursed for the most direct KAL flight back to your hometown.

KAL tix are always refundable. Costs you 30K won to cancel.

I wouldn't pay Korean Air prices if I were footing the bill, but if someone else is willing to (and gepik does), that's where you went wrong. If you fly home on another airline and save money, you can't pocket the difference in fares. You can only do that if you fly somewhere else, then they give you the KAL price equivalent of a flight back home.

btw.. they are NOT "breaking the 2011 contract". That contract never became binding, because you lost your gig before it became "active".

there is some liability for the fact you got your home flight before it was fully funded, anticipating a renewal.. but it's a small sum for you to fight for, probably not worth it and they have some reason to claim 'force majeure'.

However, they ARE contractually liable for actually sending you back home. This is black and white. They can't wiggle out from under it. They'll have to scrape up the 2 grand from the principal's private slush fund (which they all get and have). It's merely the cost of a big night out at the room salon for a couple of the boys anyways. You are owed a one way flight back home. Period. If you fight it, you'll win.


Last edited by rainism on Wed Aug 24, 2011 7:38 am; edited 1 time in total
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denverdeath



Joined: 21 May 2005
Location: Boo-sahn

PostPosted: Wed Aug 24, 2011 6:54 am    Post subject: Reply with quote

rainism wrote:
I'm confused about one thing.

the gepik contract states you'll get reimbursed for the most direct KAL flight back to your hometown.

KAL tix are always refundable. Costs you 30K won to cancel.

I wouldn't pay Korean Air prices if I were footing the bill, but if someone else is willing to (and gepik does), that's where you went wrong. If you fly home on another airline and save money, you can't pocket the difference in fares. You can only do that if you fly somewhere else, then they give you the KAL price equivalent of a flight back home.

btw.. they are NOT "breaking the 2011 contract". That contract never became binding, because you lost your gig before it became "active".

there is some liability for the fact you got your home flight before it was fully funded, anticipating a renewal.. but it's a small some for you to fight for, probably not worth it and they have some reason to claim 'force majeure'.


good pts, but the airfare, or cash, should b given on a yearly basis. that way, there'd b no sour-pusses, at least on our side of the fence.
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rainism



Joined: 13 Apr 2011

PostPosted: Wed Aug 24, 2011 6:56 am    Post subject: Reply with quote

denverdeath wrote:
rainism wrote:
I'm confused about one thing.

the gepik contract states you'll get reimbursed for the most direct KAL flight back to your hometown.

KAL tix are always refundable. Costs you 30K won to cancel.

I wouldn't pay Korean Air prices if I were footing the bill, but if someone else is willing to (and gepik does), that's where you went wrong. If you fly home on another airline and save money, you can't pocket the difference in fares. You can only do that if you fly somewhere else, then they give you the KAL price equivalent of a flight back home.

btw.. they are NOT "breaking the 2011 contract". That contract never became binding, because you lost your gig before it became "active".

there is some liability for the fact you got your home flight before it was fully funded, anticipating a renewal.. but it's a small some for you to fight for, probably not worth it and they have some reason to claim 'force majeure'.


good pts, but the airfare, or cash, should b given on a yearly basis. that way, there'd b no sour-pusses, at least on our side of the fence.


it has been given that way. to me at least. Of course, I always took my flight home AFTER the new contract became valid, because of the dates (contract begins before summer vacation, I took my home leave during summer vacation after renewal contract became valid)

I think the OP simply got caught up in an unfortunate contract date when the ddong hit the fan (he had an August/Sept start date).
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denverdeath



Joined: 21 May 2005
Location: Boo-sahn

PostPosted: Wed Aug 24, 2011 6:59 am    Post subject: Reply with quote

rainism wrote:
denverdeath wrote:
rainism wrote:
I'm confused about one thing.

the gepik contract states you'll get reimbursed for the most direct KAL flight back to your hometown.

KAL tix are always refundable. Costs you 30K won to cancel.

I wouldn't pay Korean Air prices if I were footing the bill, but if someone else is willing to (and gepik does), that's where you went wrong. If you fly home on another airline and save money, you can't pocket the difference in fares. You can only do that if you fly somewhere else, then they give you the KAL price equivalent of a flight back home.

btw.. they are NOT "breaking the 2011 contract". That contract never became binding, because you lost your gig before it became "active".

there is some liability for the fact you got your home flight before it was fully funded, anticipating a renewal.. but it's a small some for you to fight for, probably not worth it and they have some reason to claim 'force majeure'.


good pts, but the airfare, or cash, should b given on a yearly basis. that way, there'd b no sour-pusses, at least on our side of the fence.


it has been given that way. to me at least. Of course, I always took my flight home AFTER the new contract became valid, because of the dates (contract begins before summer vacation, I took my home leave during summer vacation after renewal contract became valid)

I think the OP simply got caught up in an unfortunate contract date when the ddong hit the fan (he had an August/Sept start date).


pts taken, again. i still see it as a breach of contract, at least for the return portion of the airfare, if GEPIK is shirking on that responsibility.
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rainism



Joined: 13 Apr 2011

PostPosted: Wed Aug 24, 2011 7:10 am    Post subject: Reply with quote

denverdeath wrote:
rainism wrote:
denverdeath wrote:
rainism wrote:
I'm confused about one thing.

the gepik contract states you'll get reimbursed for the most direct KAL flight back to your hometown.

KAL tix are always refundable. Costs you 30K won to cancel.

I wouldn't pay Korean Air prices if I were footing the bill, but if someone else is willing to (and gepik does), that's where you went wrong. If you fly home on another airline and save money, you can't pocket the difference in fares. You can only do that if you fly somewhere else, then they give you the KAL price equivalent of a flight back home.

btw.. they are NOT "breaking the 2011 contract". That contract never became binding, because you lost your gig before it became "active".

there is some liability for the fact you got your home flight before it was fully funded, anticipating a renewal.. but it's a small some for you to fight for, probably not worth it and they have some reason to claim 'force majeure'.


good pts, but the airfare, or cash, should b given on a yearly basis. that way, there'd b no sour-pusses, at least on our side of the fence.


it has been given that way. to me at least. Of course, I always took my flight home AFTER the new contract became valid, because of the dates (contract begins before summer vacation, I took my home leave during summer vacation after renewal contract became valid)

I think the OP simply got caught up in an unfortunate contract date when the ddong hit the fan (he had an August/Sept start date).


pts taken, again. i still see it as a breach of contract, at least for the return portion of the airfare, if GEPIK is shirking on that responsibility.


they're 100 % liable for return portion of airfare. no ifs and buts about it.
However, they are not liable if the NET doesn't fly directly home. What's interesting in this case, is that he did, but then came back which muddles the water but it seems to me they owe him airfare for the flight back home (and he's responsible for difference between one way and round trip flight)

still don't get why he didn't take KAL?
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denverdeath



Joined: 21 May 2005
Location: Boo-sahn

PostPosted: Wed Aug 24, 2011 7:19 am    Post subject: Reply with quote

long story, short...

"p.s. i MAY b reading the GEPIK contract incorrectly. the last time i worked for epik was back in '05, and, yes, they tried to cheat me out of airfare/severance on a 10-month contract. hey, what else is new(that was my 8th year here)? anyway, if i AM reading the stuff incorrectly, it SHOULD b restated in (ALL) contracts that the teacher will get his/her airfare either provided in advance(or provided within two weeks if s/he pays themselves) on coming to Korea, and return airfare(or cash equivalent) will b provided at the termination of contract[(on the last day of teaching, along with severance, and pension) - oh, is that TOO much to ask?], regardless of BS, yo-yo string-length, etc. if a company can't honour the crap, they shouldn't put it in the contract at all. although, even with problem economies, less teachers will come here if korean companies don't continue to offer at least those "basics". koreans know that. foreigners would probably prefer to teach on takeshima!"
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hank25000



Joined: 21 Jun 2011

PostPosted: Wed Aug 24, 2011 7:33 am    Post subject: Reply with quote

On the bright side, this doesn't sound like a vindictive act from your employer and you are free to find another job. I would recommend you submit the paperwork at the labour board or whichever organisation best applies here, then sit back and go on with your life. It won't be a black cloud hanging over our head but just a nuisane you will need to deal with. Stay positive and go have some fun. You'll be just fine!
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lithium



Joined: 18 Jun 2008

PostPosted: Wed Aug 24, 2011 8:17 am    Post subject: Reply with quote

Sounds like you got Rick RollD.

http://www.youtube.com/watch?v=XZ5TajZYW6Y
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young_clinton



Joined: 09 Sep 2009

PostPosted: Thu Aug 25, 2011 5:04 am    Post subject: Reply with quote

Aren't you hired by the district? not GEPIK. GEPIK just selects individuals for the district or county to hire.
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DaHu



Joined: 09 Feb 2011

PostPosted: Thu Aug 25, 2011 2:03 pm    Post subject: Reply with quote

Can I get your prepared material?
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