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"paid holidays" - am i getting screwed?

 
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bibimbap



Joined: 14 Dec 2003

PostPosted: Sun Apr 18, 2004 8:47 pm    Post subject: "paid holidays" - am i getting screwed? Reply with quote

Here's what my contract says:

"The 'instructor' will be paid for all Korean national holidays and not expected to work during these days."

Here's what actually happens:

Our school often makes us "make up" those holidays on the following Saturday - even though my contract says no weekends or holidays.

When I add up my hours at the end of the month, I include the hours I would have worked on the "holiday". My principal says I cannot do that because I didn't work them - so they don't count towards overtime.

This wouldn't fly in Canada. Do I have any recourse here? Anyone have any similar experiences?
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mourningclam



Joined: 27 Jan 2004

PostPosted: Sun Apr 18, 2004 9:44 pm    Post subject: Reply with quote

You're totally getting screwed on that. Dont really know what recourse you have, because the director will probably make some excuse up to fire you. Others will probably tell you to go to efl~law.com or something like that.
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own_king



Joined: 17 Apr 2004
Location: here

PostPosted: Sun Apr 18, 2004 11:34 pm    Post subject: Reply with quote

Someone needs to tell Koreans that is it is OK to have a day off once in a while and believe it or not it is also sometimes OK to be paid for it. Surprised
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Squid



Joined: 25 Jul 2003
Location: Sunny Anyang

PostPosted: Mon Apr 19, 2004 12:02 am    Post subject: Reply with quote

ECC contract all over.

Yes, they're screwing you blind and probably not a thing you can do about it. Serve out your contract and don't renew... or give them notice and get another job. That's what I did.

All the best.
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Arthur Fonzerelli



Joined: 22 Jan 2003
Location: Suwon

PostPosted: Mon Apr 19, 2004 3:14 pm    Post subject: Reply with quote

getting screwed
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Mr. Pink



Joined: 21 Oct 2003
Location: China

PostPosted: Mon Apr 19, 2004 4:15 pm    Post subject: Reply with quote

No weekends, means NO WEEKENDS. I'd flat out refuse.

The last time I did the hakwon thing, they wanted me to work on Saturday. I put my foot down. I thought it was bad enough I was the first person to start and last person to finish for the longest time.
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bibimbap



Joined: 14 Dec 2003

PostPosted: Mon Apr 19, 2004 7:16 pm    Post subject: Reply with quote

If holidays cannot be counted towards overtime, why are they called "paid holidays".

As far as I can see, there would be no better term for a day you get off but for which you are not paid, than "unpaid holiday".

What is the difference between this and a week-end? It follows from this logic that week-ends are also "paid holidays".
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shawner88



Joined: 01 Feb 2003

PostPosted: Mon Apr 19, 2004 7:20 pm    Post subject: Reply with quote

Welcome to Korea.
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hellofaniceguy



Joined: 10 Jan 2003
Location: On your computer screen!

PostPosted: Mon Apr 19, 2004 8:28 pm    Post subject: Reply with quote

No one can use you unless you let them! Are you being used? Hell yeah! Tell the owner to stick it where the sun does not shine. And have no qualms about it either... the owner has none when it comes to screwing you over. Bad contract.
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J.B. Clamence



Joined: 15 Jan 2003

PostPosted: Mon Apr 19, 2004 10:56 pm    Post subject: Reply with quote

kangnamdragon wrote:
Technically, weekends are paid holidays. You are on a salary, not an hourly rate. They are paid because you don't have to work and still get paid.


Technically, no. If your contract is for Monday to Friday, then your salary is based on the work you are expected to do Monday to Friday. Thus, weekends are not part of your salary, and so they are not paid holiday. The contract says you get x money for working Manday to Friday. So how can you figure that you're getting paid for weekends as well?

Just because you work on salary does not mean the school owns every second of your time and any minute they give you is a paid holiday. If you followed that logic, then your nights when you're at home sleeping would be "paid holiday" too.
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The Lemon



Joined: 11 Jan 2003

PostPosted: Tue Apr 20, 2004 12:05 am    Post subject: Reply with quote

Calculate how badly they need you, and if you feel strongly about it, take a stand. Also calculate that it's probably easier for you to find a new/better job elsewhere than it is for them to replace you.

Inform them that you're going to work according to the terms agreed in the contract. Refuse to go near the place on those weekend holiday make-up days. They're betting they'll get away with this, and you're going to roll. Surprise them - if you feel strongly enough about it. I would.
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own_king



Joined: 17 Apr 2004
Location: here

PostPosted: Tue Apr 20, 2004 11:30 pm    Post subject: Reply with quote

Lemon is right "Calculate how badly they need you, and if you feel strongly about it, take a stand" - particularly if you have only been there for a short time and do not stand to lose your airfare or severence in a few weeks. If not, tell him to take a long walk off a short cliff. There is no way I would ever work Saturday to make up for a holiday. Koreans need to lear that sometimes there are holiday, and yes sometimes we do get paid for no work. Surprised
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Squid



Joined: 25 Jul 2003
Location: Sunny Anyang

PostPosted: Wed Apr 21, 2004 12:33 am    Post subject: Reply with quote

This topic has been done to death before. I'm waiting for Gord and his minions to chime in saying the employer is correct. Sad
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