Korean Job Discussion Forums

[blahblahblah]

Ok - to cut quite a long story short. I looked into my contract and the hours I'm teaching and felt I was due some overtime. My contract says 110 hours per month (see below), if I do over then I'm due overtime pay. However, when I put this to my boss - it seems that overtime isn't worked out on a per month basis, but on an average of the full 12 month contract.

So maybe this month I'll do 115 hours, but last month I only did 105. During vacation times it shoots down a lot, so in theory I could be doing 120 hours a month without receiving any overtime.

Whether this averaging out logic is right or wrong - according to the wording of the contract it's wrong. Has anybody else had this problem? Is it a uniquely Korean idea to average out your hours over the year? And what's the best way to settle without anybody losing face!! Thanks for any input/advice.

Here's the relevant section of the contract:

3.2.1. The standard monthly working hours during this period will consist of up to 110 hours of classroom contact except the remaining required hours consisting of in-office duties including basic preparation of teaching. The in-office hour during the employment may vary with discretion of academic director for orientation, training and adaptation to the new working environment purposes without overtime pay paid to the employee. Normal work duties shall include 110 hours(40 mins or 50 mins each class) per month and one and half hours of in-office working each day. (*1hr=60min)

3.2.2. In the event Employee's classroom contact is less than 110 hours in a month, the Academic Director may extend Employee's in-office time.
3.2.3. Overtime pay is granted at the rate of 21,000 won per hour only when classroom teaching time exceed 110 hours per month.

[laogaiguk]

It looks like the contract is on your side. I am pretty sure the law is too, unless your contract specifically agrees to do it over the year (which it doesn't). I would fight it.

[just because]

Your boss is telling you lies....he/she just doesn't want to pay

It is paid per month...what contract works out overtime for the year????

[wylies99]

Yeah, I've heard that line of BS from a former boss of mine. It's a lie to avoid paying OT. OT is calculated by hours taught during the month.
If they just refuse to pay you anything for teaching over 110 hours in any month, then 1) refuse to teach over 110 hours any month, and 2) file with labor for the unpaid OT. You can legally refuse to teach OT.
Save your work schedules, and pay stubs, and write down how many hours you teach each month by day and class (like a chart). If the owner says you didn't teach OT, then write a letter (signed and dated) explaing the differences between the two of you and how much you SHOULD have been paid, by the contract. Be prepared for a lengthy battle, but it's your money. You earned it.

[ontheway]

You signed a contract for overtime to be paid monthly, so insist on that.

Before anyone signs a contract in Korea, you should check to see that overtime is calculated WEEKLY. Using monthly, or annual computations, like the OP, is just a way of averaging off slow periods so that you lose your overtime.

Also, be sure to watch out for any wording that allows your employer to count your hours "worked" without counting the hours you would have worked on holidays. This is a sneaky way to have your holidays paid by your own overtime.

[BS.Dos.]

[rothkowitz]

Like he said.Tosh.

The guy just doesn't want to pay and he'll try to factor in all manner of things-public holidays,vacation,class length et al in an effort to not pay.

[pest1]

Another trick Hagwon bosses pull is they claim an teaching hour should be one hour of teaching not one class of 40 or 50 minutes. So say you had 110 classes but the actually time you taught would be much less. The contract is not clear on that point. So watch out before you sign it. In public schools they count a teaching hour as one class.

[laogaiguk]