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Is my hagwon exploiting me-what are my rights? HELP!!

 
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Dutchboy12



Joined: 04 Jan 2006

PostPosted: Thu Aug 09, 2007 4:54 am    Post subject: Is my hagwon exploiting me-what are my rights? HELP!! Reply with quote

I work for an Foreign language institute for a college. We are currently working extra hours for a summer camp. Problem is they want us to work another three day camp off site from 9am-9pm and sleep there as well. We also only found out two weeks in advance!

Our contract is very vague and says 'You may be required to work occassionally teach on a saturday or at another time period.

and concerning wages.

For any overtime pay the college professor will recieve the overtime rate as designated by the college.

We were always told $35.00 bucks an hour. They want to pay us 16!!

We also work a lot of outside classes at different companies, including this latest camp which is for a large corparations children of employees.

Can they do this! What rights do I have??

Please help!!
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jellobean



Joined: 14 Mar 2006

PostPosted: Thu Aug 09, 2007 5:02 am    Post subject: Reply with quote

I definitely wouldn't accept any less than your normal salary (monthly salary divided by monthly hours worked)... 16 seems exceptionally low for a summer camp... Also, if you are required to sleep there then I would force them to pay you for all the hours you are there if they are trying to stiff you on the hourly salary.....

Based on what you posted, it seems that they can make you do this since the contract is so vague.....
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Whistleblower



Joined: 03 Feb 2007

PostPosted: Thu Aug 09, 2007 5:07 am    Post subject: Reply with quote

Overtime is voluntary so you don't have to agree with this. You employer cannot terminate the contract if you don't want to work overtime. The Labor Board will eat him alive. Just tell them thank you but I don't wish to work overtime as it is voluntary. If he still persists tell him that you will contact the Labor Board over this matter. Remain calm and in control, it is good to see the Koreans lose their temper. Keep a note or record what you say with him as this could be valuable evidence for the future.

Just one point to note, it is illegal to work anywhere apart from the building that employs you due to visa restrictions. You cannot work outside or you could be deported. This is valuable information and you can tell the employer to stuff it or you visit the immigration if he persists. That should quiet him.

Hope that helps.
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Real Reality



Joined: 10 Jan 2003
Location: Seoul

PostPosted: Thu Aug 09, 2007 5:18 am    Post subject: Reply with quote

Trafficking of English Teachers?
Quote:
... Speak to most native-speakers teaching English here and they will have a multitude of firsthand experiences or have knowledge of coercion, intimidation, non- or under-payment of wages, withholding of passports and/or university testimonials, fraudulent deduction of money for non-existent health insurance, turning off heat and water supplies to apartments should teachers threaten action with the authorities, and many, many more such incidences.

Trafficking of English Teachers? By Chris Brockie, Korea Times (March 17, 2006)
http://www.koreatimes.co.kr/www/news/nation/news_view.asp?newsIdx=2840165

Foreigners Experience Difficulties in Living in Korea
by Jae-Dong Yu and Soo-Jung Shin, Donga.com (July 4, 2004)
http://english.donga.com/srv/service.php3?biid=2004070522448

Foreigners Fight Bias
No Foreigners Allowed: Nationality Discrimination Legal in Korea
By Christopher Carpenter and Jane Han
Korea Times (December 12, 2006)
http://www.koreatimes.co.kr/www/news/nation/news_view.asp?newsIdx=3033479
Image URL
http://photo.hankooki.com/newsphoto/2006/12/12/ensor200612122018471nofor3.jpg
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Dutchboy12



Joined: 04 Jan 2006

PostPosted: Thu Aug 09, 2007 7:36 am    Post subject: RE: Is my hagwon exploiting me-what are my rights? HELP!! Reply with quote

Thankyou for your input, however I am getting conflicting advice, what is fact and what is opinion?

'Because my contract is vague I must work'
or
'overtime is voluntary and the labour board will eat them alive'.

Does anyone know a lawyer who deals with ESL weguk teachers, just so I can get clarification?

I met with my fellow coworkers and we are going to approach them as a unified front with a few solutions. Rather than going in guns blazing, however if that doesn't work, my next step personally may be the labour board. If I am wrong then I am wrong, however if they are wrong they could be in for a publicly humiliating crapstorm. This is a big college not a little hagwon!

But I'd rather know first what are the actual facts. Is there a Korean legal body of lawyers that protect the interests of weguk teachers??? If so, how can I reach them?

Also interesting how outside classes are actually illegal! I had no idea
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Squid



Joined: 25 Jul 2003
Location: Sunny Anyang

PostPosted: Thu Aug 09, 2007 2:00 pm    Post subject: Reply with quote

Read the sticky at the top of the page re. overtime regulations. It cannot be forced. You can say "no thank you"... all of you.

Previous poster was correct, you need immigration approval, signed and sealed, to work at a second, third or so-on location BUT- and this is a big but, if the university is claiming they are "camps" they'll argue they're not necessarily in breach.

You're doing the right thing. Organize you're colleagues and present a united front. There's not much they can then do except back down... apart from then making the remainder of your contract an unpleasant experience.

My advice: present your employer with a clear and concise list of the issues you feel need to be dealt with, don't waffle or ramble. State clearly what you all feel is wrong or unfair and what you want. If you all do stick together they'll have to back down. No need to mention the labor office at this point- it's your perogative to take a next step if need be. Do it in writing and keep a broad record of any attempts they make to threaten any of you.

Contact efllaw if you feel you need further advice, I think you'll find they've recently moved to Koreabridge Job Advice Forums
, I don't know if they offer the same advice I got some time ago, but it was sound then.

Sorry you're being exploited, but signing vaguely worded contracts will often lead to it. If they threaten to fire any of you, tell them you want it in writing and that you'll be taking legal adivice immediately... then go directly to the local labor office with a Korean friend a file a claim.

Good luck.

ps. I assume you've all got health insurance coverage, pension contribution coverage and are paying the correct amount of Income Tax (under 2% on an average monthly salary hereabouts). Anything where they're not squeaky clean equals leverage to you at a later date.
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