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forced overtime, saturday classes and orientation

 
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littlelisa



Joined: 12 Jun 2007
Location: Seoul

PostPosted: Thu Jul 12, 2007 2:11 am    Post subject: forced overtime, saturday classes and orientation Reply with quote

I posted on EFL law, but figured I'd post here too, because the guy wants me to get back to him soon. Help would be appreciated!

Is there a law that says forced overtime is illegal? I tried searching and couldn't find it.

This clause is in a contract I am looking at. I am sure that if I show the employer the legal clause that says it's illegal, then he would change it (either that, or I wouldn't sign it)!

"Overtime Classes: In addition to Saturday make up classes, during the summer and winter peak seasons as well as when necessary throughout the rest of the year, School reserves the right to mandate the equivalent of up to 100 40-minute classroom contact blocks per session as overtime."

And actually, while I'm at it, this clause is questionable too:

" Saturday Classes: In the event a national holiday occurs on a Tuesday or Thursday, Teacher is required to teach Saturday make up classes, as scheduled by the Director. Though Saturday make up classes are separate from overtime classes, they are paid at the overtime rate. "

Edit: Ok, one last thing. How about a week of orientation paid at half the regular rate? Is that just undesirable, or is it actually illegal too?
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spliff



Joined: 19 Jan 2004
Location: Khon Kaen, Thailand

PostPosted: Thu Jul 12, 2007 2:44 am    Post subject: Reply with quote

Quote:
I am sure that if I show the employer the legal clause that says it's illegal, then he would change it


Really, I'm sure he will skip over you to the next monkey... Very Happy [/quote]
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Jul 12, 2007 3:01 am    Post subject: Re: forced overtime, saturday classes and orientation Reply with quote

littlelisa wrote:
I posted on EFL law, but figured I'd post here too, because the guy wants me to get back to him soon. Help would be appreciated!

Is there a law that says forced overtime is illegal? I tried searching and couldn't find it.

This clause is in a contract I am looking at. I am sure that if I show the employer the legal clause that says it's illegal, then he would change it (either that, or I wouldn't sign it)!

"Overtime Classes: In addition to Saturday make up classes, during the summer and winter peak seasons as well as when necessary throughout the rest of the year, School reserves the right to mandate the equivalent of up to 100 40-minute classroom contact blocks per session as overtime."

And actually, while I'm at it, this clause is questionable too:

" Saturday Classes: In the event a national holiday occurs on a Tuesday or Thursday, Teacher is required to teach Saturday make up classes, as scheduled by the Director. Though Saturday make up classes are separate from overtime classes, they are paid at the overtime rate. "

Edit: Ok, one last thing. How about a week of orientation paid at half the regular rate? Is that just undesirable, or is it actually illegal too?


Required overtime is only legal if the employee has agreed to it in writing (as in an overtime clause in a contract) or in an EMERGENCY (and teaching is never an emergency). see articles 49-56 of the labor standards act (a copy of which in in the stickies at the top of this forum).

If you don't want weekend and forced overtime, find a new contract or new employer.

25,000 applicants each year, 30,000+ job openings. Don't settle for crap.

With that clause as written you could be working up to 250 classes per month and most of it will be unpaid overtime.
Pass on that crap contract. It is burnout city.

Oh, and btw.... even with her supplimental classes my green as grass co-worker only works 105 * 40 minute classes per month (NOT 100 OVERTIME CLASSES) and earns about 2.4 mil + full benefits (medical, pension, housing, airfare, severance, 4 weeks holidays, no weekends).
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kat2



Joined: 25 Oct 2005
Location: Busan, South Korea

PostPosted: Thu Jul 12, 2007 4:25 pm    Post subject: Reply with quote

If they are trying to put that into a contract, don't sign with them. even if they are willing to change the contract, they will likely still pull it on you later. Move on!
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