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burnburn87
Joined: 02 Sep 2009
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Posted: Tue Mar 31, 2015 7:16 am Post subject: Working Saturdays and not getting paid any extra for it |
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I posted here a couple of weeks ago about my job trying to subtract pay for training days from my contract. Well I mentioned that I thought this was a violation of my contract to a co-worker, who relayed that info to the boss, who then said she'd discuss it with me after the training.
My regular pay date was on the last day of the training period and I got paid in full, although a few hours later than usual. Then on the Monday, the boss never mentioned anything about it, and the co-worker who'd translated for me (as well as about 90% of the rest of the teaching staff) had left and been replaced for the new academic year.
Anyway, the boss now wants me and some of the new teachers to attend a training day on a Saturday. My contract specifically states that I may have to work one Saturday a month and I won't get paid anything extra for this - but this seems to contradict other sections of the contract, which state I should only work 40 hours per week. My usual working hours are 10am-6pm, Monday to Friday.
This is only the second time in about six months I've had to do something work related on a Saturday. The first time was some graduation ceremony and took a couple of hours on a Saturday morning, so while I was less than thrilled to be doing it, I didn't kick up any fuss about it. This training day sounds like it'll be an all-day event that's almost 2 hours away from my home by subway. In other words, it's a lot more hassle than a normal day at work, with the added bonus of not getting paid a solitary won extra for doing it.
Anyway, I've posted a question on the FAQ board over at the Korean Ministry of Labor's site, and from browsing a few other questions, it seems they can't ask me to work more than 40 hours in a week without paying me overtime for it. I was wondering if anyone had any similar experiences or advice?
These sections of my contract seem to be the relevant ones:
SECTION C. WORKLOAD
The Teacher will work 40 hours per week. This will include 30 teaching hours and 10 hours devoted to tasks outside class teaching. The teaching hours will be assigned at the sole discretion of the director or supervisor. Teacher's teaching hours will be reallocated every three to six months to vary workload if teacher has over 30 teaching hours regularly. The Teacher is expected to devote no less than 2 hours a day at the Institute for lesson planning, student evaluations, teachers' meetings, consultation with parents, and supervision of play. Upgrading one's professional knowledge and skills is without additional pay. The workweek will follow the yearly academic calendar set by [NAME] institute. The total teaching hours will not exceed for any given week ___ hours per week*, unless both parties agree.
(* The number of hours has been left blank on my contract)
The preparation and attendance for special events such as Parents Conference, Program Orientation, English contest, workshops etc. demands that the teacher may be required to work one Saturday a month. However, this may not happen every month. Additional pay will not be given for this.
D. TEACHING OVERTIME
Over time teaching is paid beyond 30 hours teaching. The assignment of overtime beyond the regular 30 hour classes and less than 34 hour classes is at the sole discretion of the Institute. The over time rate is 24,000 won per 60 min class. Overtime will not exceed 34 teaching hours per week unless both parties agree.
E. WORK SCHEDULE
The workweek runs from Monday through Friday in monthly periods. The teacher's schedule will be assigned by the Institute Director. If the teachers have morning classes, they begin at 10.00 am and finish at 6.00pm. The teacher will be expected in the institute by 10.00am for the morning preschool teacher. |
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Bongotruck
Joined: 19 Mar 2015
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Posted: Tue Mar 31, 2015 6:00 pm Post subject: |
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The second part of Clause C seems pretty clear. You will be working this Saturday for no pay.
I think you should very reasonably ask for a travel stipend at the very least. You should not incur costs in order to work for free. |
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burnburn87
Joined: 02 Sep 2009
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Posted: Tue Mar 31, 2015 9:52 pm Post subject: |
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Bongotruck wrote: |
The second part of Clause C seems pretty clear. You will be working this Saturday for no pay.
I think you should very reasonably ask for a travel stipend at the very least. You should not incur costs in order to work for free. |
Yeah I thought that might be the case... Honestlythe travel costs arent worth arguing about, I can take the subway. All the way from northeast Seoul to Suwon. I think Ill be out of the house for about 12 hours going there and back..ugh. |
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kingplaya4
Joined: 14 May 2006
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Posted: Thu Apr 02, 2015 7:29 am Post subject: |
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Why do people take these crap jobs? Tell me they're paying you more than the standard 2.2.... I would never take a job with unpaid training, if you want some training take a celta course, the training they're going to give you will most likely be rubbish.
I would quit the job most likely, but until you're ready for that, you must work saturdays, as your contract states. |
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burnburn87
Joined: 02 Sep 2009
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Posted: Thu Apr 02, 2015 2:56 pm Post subject: |
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kingplaya4 wrote: |
Why do people take these crap jobs? Tell me they're paying you more than the standard 2.2.... I would never take a job with unpaid training, if you want some training take a celta course, the training they're going to give you will most likely be rubbish.
I would quit the job most likely, but until you're ready for that, you must work saturdays, as your contract states. |
Yeah I definitely fucked up by taking this one. This is my fourth year in Korea, I spent the last two years teaching adults and my first year doing kindergarten and after-school kids. I came back over after a few months at home on a D10 visa and found out that my first employers were given me an awful reference for every job I went for, and after having been in the country a while with my money starting to run out, I got a bit desperate and just took the next job that was offered to me. Now I'm tied into a year's contract with them, can't quit without leaving Korea...
The boss is an arse. I got a long lecture from her yesterday about how any time where I don't have a lesson should not be used for personal things but should instead by spent lesson planning or doing things to benefit the academy etc. etc., which I've now realised is a violation of Korean labor law about breaks.
Also, I spent two hours a day watching the kids who are waiting for their parents to come pick them up at the end of the day, and she said yesterday I should consider that lesson time, so I should prepare activities for them. I did the maths and realised that would mean I'm doing 32 hours teaching and should be getting paid 2 hours overtime per week as per my contract. So I'm going to go and try and argue that with her today.
I'm pretty sure this situation with the Saturday working is a problem if I'm already doing the maximum hours allowed by contract, but I'll wait to see what the labor board tell me before I say anything about it.
At this stage, I think the best thing that could happen would be to have them refuse to reduce my teaching hours or pay any overtime so that I could file a petition with the labor board, be argumentative about it, and get fired with the freedom to go work somewhere else in Korea. |
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Bongotruck
Joined: 19 Mar 2015
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Posted: Thu Apr 02, 2015 6:31 pm Post subject: |
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There is no guarantee your douche boss will grant you a release letter, even if she fires you. Just an FYI. |
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Bongotruck
Joined: 19 Mar 2015
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Posted: Sat Apr 04, 2015 3:43 am Post subject: |
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Did your boss take you there personally? Or did she give you a boot in the butt and send you to wherever the training is?
If the latter, I would just show up very very late. I'd say 'I got lost.' |
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burnburn87
Joined: 02 Sep 2009
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Posted: Sun Apr 05, 2015 12:32 am Post subject: |
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Bongotruck wrote: |
Did your boss take you there personally? Or did she give you a boot in the butt and send you to wherever the training is?
If the latter, I would just show up very very late. I'd say 'I got lost.' |
The latter. One of the Korean English teachers is providing me with the address for the place.
Last edited by burnburn87 on Wed Apr 08, 2015 2:53 am; edited 1 time in total |
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Bongotruck
Joined: 19 Mar 2015
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Posted: Sun Apr 05, 2015 1:13 am Post subject: |
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Sounds like you have made up your mind.
I am assuming you are doing that said MA outside of Korea. Then why does a letter of release matter. It doesnt.
burnburn87 wrote: |
Bongotruck wrote: |
Did your boss take you there personally? Or did she give you a boot in the butt and send you to wherever the training is?
If the latter, I would just show up very very late. I'd say 'I got lost.' |
The latter. One of the Korean English teachers is providing me with the address for the place.
I'm currently wondering whether it would be a good idea to go in with a resignation letter promising to work the two months' notice required by contract, along with a post-dated release letter. I'm probably going to be leaving at the end of the summer to do an MA anyway, but I'm finding it more and more difficult to put up with the place. |
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