Korean Job Discussion Forums

[thetawnyman]

My school has recently added a clause to its new contracts, saying that if you change your mind and break the contract within two months of the start date, the school will expect you to pay a fine of several million won. (The contracts are typically signed several months before the start date.)

Has anyone encountered a clause like this before? Just curious as to how common a practice this is.

[Underwaterbob]

I haven't seen it before, but it seems completely reasonable to me.

[Drew345]

My school has the same penalty in the contract. It is even more money and lasts the whole length of the contract.
Personally I think a school should try to retain teachers through fair working conditions, pay, and hours rather than penalties and punishments. Unfortunately, there will be 10 teachers ready to sign for any one that passes on it.

[thetawnyman]

Sorry, I should have clarified "within two months of the start date." They mean two months BEFORE the contract starts. If you decide to quit during the contract you have to give 2 months' notice, but there's no fine.

I've worked at places that have penalties for leaving without giving proper notice, but I've never worked anywhere that penalizes people for leaving before the contract even starts.

[thrylos]

How the f(%( is that even ENFORCEABLE? Is this for a renewal, or a first contract?

If it's a renewal, I would personally wait until the last possible minute to sign it, assuming that's what you want and haven't received a better offer.

There's no way they can enforce it if you're not in-country and already tied to their desk.

[nicwr2002]

I highly doubt that it is enforceable because the law allows you to quit without any notice.

[Bongotruck]

Any penalty clause is unenforceable.

The law says, if someone does the work, they must be paid.

[tob55]

Purely scare tactics. There is no law that supports what these people are writing in as a 'clause.' Bottom line is this: anything the potential employee wants to do before the start date of the contract, EVEN IF IT HAS BEEN SIGNED, is alright because the contract is not legally binding in any way before the start date of the contract. Your wages for the contract start on a certain date, therefore, your binding contract begins on the date the contract actually begins and you are being paid wages for the job. Poor work places have taken to doing what they think they can just because no one has bothered to contact the labor board and report them. Shady and slimy employers are pulling this kind of crap all the time.

If what the employer is trying to do in this case were true, I would want a bunch of people to sign up to work for me and do nothing but wait for them to leave, then charge them the bribery fees they are talking about. What a load of hooey.

[ttompatz]

Fines and penalty clauses are illegal (labor standards act).

In Korea, under an Employment Contract the employee cannot be held responsible or liable for non-performance of the contract.

Additionally, under the same act, predetermined penalties for non compliance of an employment contract are specifically forbidden.

They would lose at a labor tribunal but the problem is that they have your money (illegal deductions from your salary) and you have to fight to get it back.

Best to just avoid employers who think such clauses are necessary in their employment contracts.

.

[Skippy]

[wooden nickels]

[thetawnyman]

[Underwaterbob]