Korean Job Discussion Forums

[Mellovely516]

Hey y'all

So I'm looking into this position and I was sent this sample contract. A couple of the points seem a bit off (see below). I was wondering if anyone else's contracts had these kind of provisions. Just want to know what people think in general...

Housing: For the first six months, the Employer will collect 100,000KWN per month deposit for telephone and internet service charge and compensation for all furniture and appliances even though the Employee pays these charges each month. This deposit will be refunded one month after the completion of this contract.

Article 17 (Applicable Law and Venue) This Contract and each and every provision hereof shall be interpreted pursuant to the laws of the Republic of Korea and any dispute hereunder be resolved exclusively in the ... district court of the Republic of Korea.

Thanks ahead of time for any comments given

[TJ]

[Homer]

Well..a deposit is sometimes asked from the school. Most of the time it is tp protect the school against damage to the appartment or teachers who leave suddenly (midnight runners) or who leave after their contract and leave a stack of unpaid bills.

It is also used as blackmail by some schools.. so my advice:

Ask the other teachers who work there if they got it back or if previous teachers got it back.

That will give you your answer.

600 000 Won is a bit high however, perhaps something along the lines of 300 000 would be more reasonable.

Then again, my first employer in 1997 had taken 200 000 Won per pay for the first 3 months....I got it all back on the final pay day.

[kprrok]

Don't ever leave a deposit. 9 times out of 10 (my estimate), you'll never see the money again. With all of the utilities, you can call the company and get an exact amount you owe on the day you move out. Just leave that amount with the boss. And then you're done.

KPRROK

[n3ptne]

My employer straight took 600,000won out of my salary and there's nothing in the contract about it... cest la vie.

If I don't see it again, I don't see it again... I doubt this will be the case (my employers are great), but I will say that having it in the contract would make me feel more secure, as getting it back would be a matter of a written legal contract, not just a verbal agreement.

Life is what you make of it, and I would rather live in a world where people can be trusted until they give me reason not to, than to live in a world where no one can be trusted... afterall, it's only $600.00.

As for the bit about all disputes being solely in accordance with S. Korean law, and in the sole jurisdiction of it's courts? Was in mine, and from what I understand it is quite standard to have a similar blurb in any contract with a foreign worker, regardless of what country the employment takes place. You wouldn't want to hire an Iraqi, in the US, to teach Arabic and wind up in a Baghdad court over $600.00 now would you?

[Homer]

[bellum99]

Maybe ask for the deposit back after six months. The school is worried that you will screw them when you run for the costs in the housing. After six months it is usually a safe time for the school and you. Just ask them to include it in the contract that you get it back after six months.
If someone says they never had to pay a deposit, it's probably for a reason. A lot of schools ask for this and it is not uncommon. It is easier to get it back in the middle of the contract, because you have time to ask for it.

[Grotto]

[joe_doufu]

The schools have good reason to ask for a deposit because it protects them from being left holding the bill if you bail out. You have a good reason to ask for no deposit, because hagwons have a history of cheating foreign workers, and you may be gone from Korea when the refund is due so it will be hard to collect. Try to judge the strength of your bargaining position and negotiate.

[Grotto]

If you provide reciepts showing that you have paid your bills and the school does a walkthrough a week before you leave there is no reason for a deposit....if you have damaged the apartment they can withhold an amount from your cheque(see the ENGLISH spelling not the american crap)...there is no reason for a deposit except to prevent a midnight runner...and the schools that want deposits have most likely suffered a midnight run and for good reason.

[BigBuds]

Hi, I'm a recruiter here. The deposit part is straight out illegal, they can only deducted tax, medical insurance, and pension from your salary. Any other deductions are totally illegal under Korean Labor Laws.

Also in article 17 they say all problems will be resolved exclusively in the Districit court of the Republic of Korea. Ask them to remove this as they are trying to get around the Labor Board which is where you should go to first if there ever is a problem.

If the labor board rules in your favor and you then go to a Korean court you will definately win, if you don't have a ruling from the labor board and go to a Korean court, the odds are in their favor 30%-70%, 20%-80%. And if you leave that in your contract and want to use the Labor Board they will refuse to help you as they go strictly by what's in your contract.

[Grotto]

Bigbuds are you mad? You may have raised the ire of 'gord'

I have been saying that withholding money for deposits is illegal for years but he keeps popping up and saying that they arent. Its good to have someone on my side for a change! Way to go!

[joe_doufu]

[Grotto]

Sorry dufus it is illegal for them to deduct anything from your cheque(pesky English spelling again) other than tax, pension, and health care.

You cannot agree to illegal clauses...do you understand?

Clause #3 Grotto gets to slap dufus upside the head with a brick 4 times per week.

Clause #3 is illegal as that would be assault!

Just because its in a contract doesnt make it legal.

NOW DO YOU UNDERSTAND?

[TheUrbanMyth]