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venus
Joined: 25 Oct 2006
Location: Near Seoul
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 Posted: Mon May 07, 2007 6:27 pm Post subject: Dodgy Contract - Public School after school programme?? |
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I have an interview for an after school programme. I know the whole thing about the two bank accounts is not cool for most people, but having checked it out, the public school is aware of the procedure and it's in the contract, so whilst not usual, it's not too dodgy. Very low hours and a very decent salary.
However there are some points I am concerned with from the contract which I have quoted below the folowing paragraph-
Basically, it seems to be saying that if I terminated the contract for any reason at any time during the 12 month period, I would be liable for - any monthly tuition fees lost; the remainder of the yearly rent of the apt; (if I left after 8 moths for example, I'd still have to pay an extra 4 months rent!) all visa costs. It seems this woud be the case whether or not the teachers termination resulted in the loss of the contract with the school for the employer, the only difference being the apt rent, in the case of a replacement bring found quickly...
| Quote: |
4.2 By the employee.
4.2.1 The employee must complete a minimum of three months of the contract before they can terminate it.
4.2.1.1 After the three month period the employee is required to give a minimum of one month written notice prior to the termination date.
4.2.1.2 If the employee has an "unavoidable cause" for terminating the contract they shall not be liable for damages.
4.2.2 Neither party to a fixed term labor contract may rescind the contract without an "unavoidable cause" therefore such a party is liable for damages to the other party.
4.2.2.1 In the case of the employee's termination of this contract resulting in the termination the employer's contract with the school.
4.2.2.1.1 The employee shall be liable for the reimbursement by the employer of the monthly tuition fee to the school.
4.2.2.1.2 The employee shall be liable for the monthly rental payment on the provided accommodation for the duration of the full contract.
4.2.2.1.3 The employee shall be liable for reimbursement of the costs of the E2 visa, including administrative fees, airfares and sundry costs.
4.2.2.2 In the case of the employee's termination of this contract not resulting in the termination the employer's contract with the school.
4.2.2.2.1 If needed, the employee shall be liable for the reimbursement by the employer of the monthly tuition fee paid to the school.
4.2.2.2.2 The employee shall be liable for the monthly rental payment on the provided accommodation until the salary period of the replacement teacher commences.
4.2.2.2.3 The employee shall be liable for reimbursement of the costs of the E2 visa, including administrative fees, airfares and sundry costs. |
Is my interpretation correct that basically should I quit at any time before 12 months is up, I'll be liable for any loss of tuition fees, all visa costs and even in the event a new teacher is found quickly, any rent until he starts work...?
If so, NO WAY!
I can see that I'm right to be honest, but it's always good to get second perspectives in these situations as the devil on the shoulder is whispering - '25 hours a week 1-5pm mon to fri for 2.5 mil... go for it... go for it....'
Cheers |
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babtangee
Joined: 18 Dec 2004
Location: OMG! Charlie has me surrounded!
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| Posted: Mon May 07, 2007 6:52 pm Post subject: |
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You read it right. That's insane. I don't know how any sensible adult could sign their soul away like that.
Basically, you have to stay, no matter what (or you have to find another teacher, without upsetting the principal and causing the agent to lose their contract).
I recently took a part-time after school-program position. The agent told me the VP is always berating her (not the teachers), and that the principal gets really upset whenever they have to change teachers.
I would never sign a contract with those clauses. |
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Wrench
Joined: 07 Apr 2005
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| Posted: Mon May 07, 2007 7:47 pm Post subject: |
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| Tell them to sit on their thumb and rotate. |
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The_Conservative
Joined: 15 Mar 2007
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| Posted: Mon May 07, 2007 7:58 pm Post subject: Re: Dodgy Contract - Public School after school programme?? |
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| venus wrote: |
I have an interview for an after school programme. I know the whole thing about the two bank accounts is not cool for most people, but having checked it out, the public school is aware of the procedure and it's in the contract, so whilst not usual, it's not too dodgy. Very low hours and a very decent salary.
However there are some points I am concerned with from the contract which I have quoted below the folowing paragraph-
Basically, it seems to be saying that if I terminated the contract for any reason at any time during the 12 month period, I would be liable for - any monthly tuition fees lost; the remainder of the yearly rent of the apt; (if I left after 8 moths for example, I'd still have to pay an extra 4 months rent!) all visa costs. It seems this woud be the case whether or not the teachers termination resulted in the loss of the contract with the school for the employer, the only difference being the apt rent, in the case of a replacement bring found quickly...
| Quote: |
4.2 By the employee.
4.2.1 The employee must complete a minimum of three months of the contract before they can terminate it.
4.2.1.1 After the three month period the employee is required to give a minimum of one month written notice prior to the termination date.
4.2.1.2 If the employee has an "unavoidable cause" for terminating the contract they shall not be liable for damages.
4.2.2 Neither party to a fixed term labor contract may rescind the contract without an "unavoidable cause" therefore such a party is liable for damages to the other party.
4.2.2.1 In the case of the employee's termination of this contract resulting in the termination the employer's contract with the school.
4.2.2.1.1 The employee shall be liable for the reimbursement by the employer of the monthly tuition fee to the school.
4.2.2.1.2 The employee shall be liable for the monthly rental payment on the provided accommodation for the duration of the full contract.
4.2.2.1.3 The employee shall be liable for reimbursement of the costs of the E2 visa, including administrative fees, airfares and sundry costs.
4.2.2.2 In the case of the employee's termination of this contract not resulting in the termination the employer's contract with the school.
4.2.2.2.1 If needed, the employee shall be liable for the reimbursement by the employer of the monthly tuition fee paid to the school.
4.2.2.2.2 The employee shall be liable for the monthly rental payment on the provided accommodation until the salary period of the replacement teacher commences.
4.2.2.2.3 The employee shall be liable for reimbursement of the costs of the E2 visa, including administrative fees, airfares and sundry costs. |
Is my interpretation correct that basically should I quit at any time before 12 months is up, I'll be liable for any loss of tuition fees, all visa costs and even in the event a new teacher is found quickly, any rent until he starts work...?
If so, NO WAY!
I can see that I'm right to be honest, but it's always good to get second perspectives in these situations as the devil on the shoulder is whispering - '25 hours a week 1-5pm mon to fri for 2.5 mil... go for it... go for it....'
Cheers |
You'd be liable for tens of millions of won potentially. Do not sign the contract with any such clauses (airfare or visa run would be acceptable but only if you quit before six months) |
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willneverteachagain
Joined: 17 Dec 2006
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| Posted: Mon May 07, 2007 8:02 pm Post subject: |
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I'll be liable for any loss of tuition fees, even in the event a new teacher is found quickly, any rent until he starts work...?
they arent allowed to put this into a contract + it's illegal
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Clinteastwood
Joined: 14 Jan 2006
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| Posted: Mon May 07, 2007 8:04 pm Post subject: |
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| Sounds like WIN Education |
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ED209
Joined: 17 Oct 2006
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| Posted: Mon May 07, 2007 8:15 pm Post subject: |
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| sign it 'you suck!' and fax it back to them |
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babtangee
Joined: 18 Dec 2004
Location: OMG! Charlie has me surrounded!
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| Posted: Mon May 07, 2007 10:18 pm Post subject: |
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| ED209 wrote: |
| sign it 'you suck!' and fax it back to them |
Good one. |
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babtangee
Joined: 18 Dec 2004
Location: OMG! Charlie has me surrounded!
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| Posted: Tue May 08, 2007 12:06 am Post subject: |
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| Clinteastwood wrote: |
| Sounds like WIN Education |
Can we hear some dodgey stories about them, please? I was thinking about one of their job offers... |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Tue May 08, 2007 12:13 am Post subject: Re: Dodgy Contract - Public School after school programme?? |
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| The_Conservative wrote: |
| You'd be liable for tens of millions of won potentially. |
Not a chance. Penalty clauses are illegal and unenforceable. A call to Labor will confirm amny of these "liabilities" are in fact illegal. |
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tomato
Joined: 31 Jan 2003
Location: I get so little foreign language experience, I must be in Koreatown, Los Angeles.
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| Posted: Tue May 08, 2007 3:18 am Post subject: |
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Hello, Venus!
Is your interview with iyahacs co?
If it is, here is a thread which you might be interested in:
http://www.efl-law.com/forum/viewtopic.php?t=324&postdays=0&postorder=asc&start=0&sid=dcd107921b368ec813589b9bc7a26c44
I would be leery of that company.
Be especially cautious if the position is in Anseong.
That's where I worked for them.
I thought everything was going fine until one day when the supervisor called me.
She said that some parents complained to the principal that I pulled a child's hair.
According to the supervisor, the principal told iyahacs to fire me or he would kick iyahacs out of the school.
Therefore, iyahacs had no choice but to fire me.
Whoever made up that story could make up another story about the next teacher. |
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