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margaret

Joined: 14 Oct 2003
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Posted: Sun Jan 23, 2005 12:19 pm Post subject: repaying airfare? |
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In another thread, the eye mentioned that the law requires repaying of airfare. I'll look it up under EFL law but does anybody know if this is standard? ( Perhaps it applied to this case because the teacher had been ther only 4 months and was getting another job). I thought it was standard to pay your way back if you didn't stay for a year but the whole thing? This seems like another incentive for the boss to get rid of the teacher before the year is up. My last job I left after 7 months for health reasons and my boss prorated my fare back. This seems fair.
Margaret |
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Sage Monkey

Joined: 01 Nov 2004
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Posted: Sun Jan 23, 2005 12:53 pm Post subject: |
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As far as I know, they aren't even required by law to pay you for the airfare which is used to get to Korea. It is only mandatory that they pay for your return portion. So, if you break your contract within the first 6 months and it says that you should repay the arrival portion of your airfare, yes, it is allowed. |
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Badmojo

Joined: 07 Mar 2004 Location: I'm just sitting here watching the wheels go round and round
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Posted: Sun Jan 23, 2005 12:55 pm Post subject: Re: repaying airfare? |
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margaret wrote: |
In another thread, the eye mentioned that the law requires repaying of airfare. I'll look it up under EFL law but does anybody know if this is standard? ( Perhaps it applied to this case because the teacher had been ther only 4 months and was getting another job). I thought it was standard to pay your way back if you didn't stay for a year but the whole thing? This seems like another incentive for the boss to get rid of the teacher before the year is up. My last job I left after 7 months for health reasons and my boss prorated my fare back. This seems fair.
Margaret |
I don't think it's law, but it'll be in the contract.
In the case of the eye, he'll probably owe half of the airflight, because he hasn't worked six months.
He shouldn't owe the whole thing because he won't be using the return part. |
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the eye

Joined: 29 Jan 2004
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Posted: Sun Jan 23, 2005 2:58 pm Post subject: |
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what i said was....
if you quit or you are terminated within the 1st six months of your contract, you must pay back the air ticket, if it was paid for by the hogwan.
it's not really a 'law', but the labor office views airfare repayment in this way. as a sponsor of your visa, the hogwan is only required by law to pay for a ticket OUT of the country. roundtrip tickets have just become a standard in the industry.
furthermore, the school does not have to reimburse you for the airfare until the end of the contract, according to the LB. contracts usually specify a time frame for airfare reimbursement, ie.on arrival, 1 month, 3months later, etc.
the letter of release is a similar issue. it is an infringement of rights under labor law, yet it is still required by immigration in order to be released from a visa.
http://www.efl-law.org/forums/viewtopic.php?t=16&highlight=airfare
it is very easy for the school to get rid of a teacher in the 1st 6months. no warning necessary. after 6 months, they have to give 30days notice with pay. |
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margaret

Joined: 14 Oct 2003
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Posted: Sun Jan 23, 2005 7:02 pm Post subject: |
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Thanks, the eye, for explaining this. I wonder how often this happens, that the school gets rid of a teacher in the first 6 months to avoid paying airfare.
Margaret |
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the eye

Joined: 29 Jan 2004
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Posted: Sun Jan 23, 2005 7:53 pm Post subject: |
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it even happens in the 11th month so the school can avoid airfare AND severance. |
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Sage Monkey

Joined: 01 Nov 2004
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Posted: Sun Jan 23, 2005 9:11 pm Post subject: |
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margaret wrote: |
Thanks, the eye, for explaining this. I wonder how often this happens, that the school gets rid of a teacher in the first 6 months to avoid paying airfare.
Margaret |
What am I.... chopped liver?!
the eye wrote: |
it even happens in the 11th month so the school can avoid airfare AND severance. |
This is true but they can't terminate you within the last two weeks of a contract and get away with not paying those. |
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the eye

Joined: 29 Jan 2004
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Posted: Mon Jan 24, 2005 12:27 am Post subject: |
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true, but a newbie who is unfamiliar with the law, or lack of time/money to fight in court is not going to get it back.
severance is not enforceable by the LB. in some cases, they can make a phone call and get the money to you, but they don't have much power.
only a trip to the judge will get results. |
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