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What's up with the housing deposit?
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Aussiekimchi



Joined: 21 Apr 2006
Location: SYDNEY

PostPosted: Wed Sep 20, 2006 10:11 pm    Post subject: What's up with the housing deposit? Reply with quote

There are reasons for and against agreeing to this.
It really depends which side of the fence you are standing.
Schools want cash security in case a teacher does a runner, doesn't pay outstanding bills or wrecks the place.
Teachers don't want to pay it because they are worried they may never see it again or other schools don't enforce it so why should my school ask for it?
Like many things in Korea, it is illegal. Schools technically cannot ask a teacher for a housing deposit. But then again doing privates is illegal too.

What do you think?
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chronicpride



Joined: 16 Jan 2003

PostPosted: Wed Sep 20, 2006 10:26 pm    Post subject: Reply with quote

It's a two-way thing. Good schools get fucked by dumbass teachers who disrespect the accommodation and rack up the utilities. On the other hand, schools that nickle-and-dime sometimes withhold some or all of the deposit for fickle reasons.

I respect why they put it in the contract, because there are enough teachers over here that have abused their housing situation, but I'd only agree to it if things were fully laid in the contract of what the deposit actually covers and not receive a surprise at the end, like getting blamed for a c0ckroach infestation, but may have actually started elsewhere in the building, etc...

I remember being nickle-and-dimed on my damage deposit of my first apartment back in Canada. The landlord claimed that the oven was cleaned as thoroughly as it was when I moved in. He took out $75 out of my deposit in cleaning products and time spent.

In Korea, I don't think that it would hurt to snap some pictures of your apartment(most ppl do anyway so they can email mom and dad to show where they are living), and particularly take some pics of the bathroom and kitchen. That way, if the director kicks up a stink on the housing condition compared to how it was when you first moved in, you can show the pics to compare.
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RachaelRoo



Joined: 15 Jul 2005
Location: Anywhere but Ulsan!

PostPosted: Wed Sep 20, 2006 10:55 pm    Post subject: Re: What's up with the housing deposit? Reply with quote

[quote="Aussiekimchi"]Like many things in Korea, it is illegal. Schools technically cannot ask a teacher for a housing deposit. But then again doing privates is illegal too.
[quote]

Not a fair comparison. The laws against privates are enforced and punished with a 2.0 million won fine and deportation. The laws against a Korean employer charging a foreigner a deposit are, I would suspect, never enforced or punished.
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Aussiekimchi



Joined: 21 Apr 2006
Location: SYDNEY

PostPosted: Wed Sep 20, 2006 11:23 pm    Post subject: Reply with quote

Yeah I agree with you Rachelroo, and point well made, but I was suggesting that we as foreigners get our knickers in a knot about something the boss does that is illegal and then go off an do a private.
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polonius



Joined: 05 Jun 2004

PostPosted: Thu Sep 21, 2006 1:45 am    Post subject: housing deposit Reply with quote

In my position, I fully understand the necessity of having a housing deposit. We implement it to pay for the bills that come after a teacher finishes their contract. Housing maintenance bill, internet, cable, phone, gas, water, all these bills come one month delayed, some 2. So in order for the school to cover these costs, we hold a housing deposit. Once all the bills are paid, we wire the remaining money home, at our expense. (Wire transfer expense.) There have been times when the deposit didn't even come close to what the teacher owed in bills. But what can you do. The money isn't so that the school has money in case a teacher does a runner. If a teacher bolts, the costs incurred are far higher than the housing deposit.
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Homer
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PostPosted: Thu Sep 21, 2006 4:14 am    Post subject: Reply with quote

Aussiekimchi,

The deposit question is only illegal if the school witholds money from your pay without the contractual right to do so.

If you sign a contract with clause that mentions deposit then you are agreeing to pay such a deposit hence it is not illegal.


As for the question of deposits itself, I am in complete agreement with chronic here.

Some schools need to ask for deposits due to bad experiences with stupid teachers while other schools use the deposit to nicke and dime teachers. It is up to the teacher to carefully read the contract and then ask other teachers at the school how the deposit is handled and if it is handed back at the end of the contract.

I have worked a a couple of schools that required a deposit. I signed each time and got the money back in full. I had made sure the school was on the up and up before however. I have also worked at a school where a teacher trashed his appartment and left in the dark. The school (a good one) got stuck with the bills. so they started asking for deposits of new teachers...that was warranted.
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RachaelRoo



Joined: 15 Jul 2005
Location: Anywhere but Ulsan!

PostPosted: Thu Sep 21, 2006 4:21 am    Post subject: Reply with quote

I just finished my contract a few weeks ago, and my school simply called the utility companies to find out what I owed up to that date.
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ajgeddes



Joined: 28 Apr 2004
Location: Yongsan

PostPosted: Thu Sep 21, 2006 5:06 am    Post subject: Reply with quote

Homer wrote:
Aussiekimchi,

The deposit question is only illegal if the school witholds money from your pay without the contractual right to do so.

If you sign a contract with clause that mentions deposit then you are agreeing to pay such a deposit hence it is not illegal.


Exactly, it is not illegal if it is in your contract.
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Grotto



Joined: 21 Mar 2004

PostPosted: Thu Sep 21, 2006 6:58 am    Post subject: Reply with quote

Quote:
The deposit question is only illegal if the school witholds money from your pay without the contractual right to do so.

If you sign a contract with clause that mentions deposit then you are agreeing to pay such a deposit hence it is not illegal.



Wages

Article 42 (Payment of Wages)
(1) Payment of wages shall be directly made in full to worker in cash; however, if otherwise stipulated by special provisions of laws or decrees or a collective agreement, wages may partially be deducted or may be paid by other than cash.

(2) Wages shall be paid more than once per month on a fixed day; however, this shall not apply to extraordinary wages, allowances, or any other similar payment or those wages provided for by the Presidential Decree.



It is still illegal! Your contract is not a collective agreement(you need a collective to qualify...union for example)

Even if you agree in your contract it is still a violation of the labour laws and therefore ILLEGAL
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Homer
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PostPosted: Thu Sep 21, 2006 7:04 am    Post subject: Reply with quote

That is your interpretation of the law grotto.

However a contract can be considered a collective agreement or a contractual agreement between parties.

Therefore, if a teacher signs a contract with a school and that contract contains a deposit clause then the deposit becomes a legal deduction as the teacher agreed to it.

You may go to court to prove it is illegal with your collective defense grotto but I seriously doubt it would lead to a contract being over ruled on such a clause.

As mentionned it is up to the teacher to read his contract and decide is a deposit is acceptable to him or her.
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Grotto



Joined: 21 Mar 2004

PostPosted: Thu Sep 21, 2006 7:11 am    Post subject: Reply with quote

Quote:
That is your interpretation of the law grotto.



Not quite Homer!
Collective agreement: An agreement in writing between an employer and the union representing the employees which contains provisions respecting conditions of employment, rates of pay, hours of work and the rights and obligations of the parties to the agreement. Ordinarily the agreement is for a definite period such as one, two, or three years, usually not less than twelve months.

That is the definition of a collective agreement....It is your definition which is in question here Homer!

While I fully agree with schools protecting themselves from people running off and not paying their utilities they have to do it within the law of their country!
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Homer
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PostPosted: Thu Sep 21, 2006 7:13 am    Post subject: Reply with quote

You make a good point Grotto.

I simply doubt a person would have a legal leg to stand on if they went and contested a deposit deduction they had agreed to in a contract.

Best option: read your contract before signing it and ask questions. The accept or reject the deposit question.

Then...move on.
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Grotto



Joined: 21 Mar 2004

PostPosted: Thu Sep 21, 2006 1:59 pm    Post subject: Reply with quote

Quote:
I simply doubt a person would have a legal leg to stand on if they went and contested a deposit deduction they had agreed to in a contract.



So by your reasoning a person who agreed to work at multiple locations in their contract would be okay too? OR would that violate labour laws?

The same for them deducting money from your pay.....your contract is not a collective agreement and the government has passed no law allowing them to do so....THEREFORE its illegal.

I signed a contract with GEPIK that had the housing deposit in it and I told them that taking the money was a violation of the labour laws....they called the labour board and they were told that it was ILLEGAL for them to deduct that deposit from my cheque....now who am I going to listen to now? Homer or the labour board......I was backed up by the labour board and will go with their ruling.
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huffdaddy



Joined: 25 Nov 2005

PostPosted: Thu Sep 21, 2006 3:25 pm    Post subject: Reply with quote

Grotto wrote:

Wages

Article 42 (Payment of Wages)
(1) Payment of wages shall be directly made in full to worker in cash; however, if otherwise stipulated by special provisions of laws or decrees or a collective agreement, wages may partially be deducted or may be paid by other than cash.

(2) Wages shall be paid more than once per month on a fixed day; however, this shall not apply to extraordinary wages, allowances, or any other similar payment or those wages provided for by the Presidential Decree.


So getting a bank transfer (instead of cash) is illegal? Getting paid only once a month is illegal?
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judge-ing-na



Joined: 15 Dec 2003
Location: beside myself

PostPosted: Thu Sep 21, 2006 3:46 pm    Post subject: Reply with quote

Is it really illegal? I hope one of the law 'experts' could post a link to the law that says a contract, agreed to by both parties, is illegal.

Further more would you call the labor board to ask if an advance against pay was illegal? It is not something that is covered by most contracts yet is a frequent occurance.

Western teachers like internet, cable TV and cellphone all of which are often supplied because the school puts these services under their (the schools) name. So if you had to choose, what would it be a housing deposit or no internet, cable TV or cellphone?

I think this is something that needs to be negotiated between both parties. I also think it is a reasonable request, however the often quoted 1 weeks salary is a bit excessive.
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