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Chloe11
Joined: 23 Jul 2007
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Posted: Fri Oct 19, 2007 10:45 pm Post subject: Private or Overtime? Is This Illegal? |
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My boss asked me on the way back from our trip to immigration yesterday if I would be interested in tutouring an adult on Saturdays, one hour per session. I'm honestly not that interested in working Saturdays, but adult classes seem to require very little in the way of what I would consider work, and I do like money. So I humour the idea, and he tells me that it will work out to about 40 000 won per hour, under the table. As in, the student will pay me and this doesn't go on my pay check.
If I understand correctly, my boss is essentially asking me to teach privates out of his school, which is illegal... correct?
I'm not asking whether or not people think that I should do it... merely for clarification on whether or not this is illegal for an E-2 VISA holder. |
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MarionG
Joined: 14 Sep 2006
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Posted: Fri Oct 19, 2007 10:53 pm Post subject: |
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Hmmmm....
Sounds like an OK area to me. If you are teaching a private, but the venue is your school, then I don't see how this would fall into anything other than teaching for your boss. Surely he doesn't "loan out" his premises for the teaching of privates. Just because he pays you separately means nothing. It would be overtime I'd guess.
I teach three private students, i.e. single person classes, at my school. I'm not paid overtime for this, because it hasn't been overtime, but this -whether overtime or not - doesn't fall into the category of teaching privates and I don't think yours would either. |
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Chloe11
Joined: 23 Jul 2007
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Posted: Fri Oct 19, 2007 11:01 pm Post subject: |
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Marion - technically it would be overtime for me, though I'm getting paid twice as much as overtime is stipualted to be in the contract. The only thing about it that made me think it might not be legal was that I would get paid under the table. "No tax", as it was put to me. |
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Otherside
Joined: 06 Sep 2007
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Posted: Fri Oct 19, 2007 11:38 pm Post subject: |
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From my reading of the situation, it would be legal (assuming your teaching at the Hagwon). The whole 'cash-under-the-table" idea seems a bit dodgy, but if anyone is in the wrong, it would be your employer.
Possible reasons for her doing this include her not having to pay a pension contribution on that overtime as well as her not having to pay you an inflated severance pay (based on this overtime).
You are getting paid more than your overtime rate as it is a Saturday. (I for one wouldn't come into work on Saturday for 1 hour for 20k and your boss knows that).
Finally. You are one week into your contract, be careful.
PS. With regard to you having to pay tax on this extra 40K, chances are they are gonna put you in a 3.3% bracket when you should only be paying 1.7% so you will already be paying too much tax! |
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yingwenlaoshi

Joined: 12 Feb 2007 Location: ... location, location!
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Posted: Fri Oct 19, 2007 11:58 pm Post subject: |
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OT under the table is good. Teaching Saturdays for only one hour isn't. What if the student cancels (and he will)? You don't get paid. |
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jay-shi

Joined: 09 May 2004 Location: On tour
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Posted: Sat Oct 20, 2007 12:17 am Post subject: |
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As long as it's taught at your school it's fully legit. |
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Chloe11
Joined: 23 Jul 2007
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Posted: Sat Oct 20, 2007 9:33 pm Post subject: |
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yingwenlaoshi wrote: |
OT under the table is good. Teaching Saturdays for only one hour isn't. What if the student cancels (and he will)? You don't get paid. |
Hopefully I'll build some repore with her and she will call me if that happens.. Thankfully, the school isn't far from my place. If she cancels and I don't hear about it I will be annoyed, but get over it. If it happens repeatedly, I will speak to my boss about not tutouring her anymore. As long as it's legal I want to give it a try and see if it works out... and it seems that the consensus is that this is legal.
Thanks everybody! |
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Juregen
Joined: 30 May 2006
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Posted: Sun Oct 21, 2007 12:33 am Post subject: |
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If you work only one hour that day, it screws your day quit hard relative to more then 1 hour or no hours of work.
I suggest you don't do less then 3 hours. 7 - 10 in the evening, or 9-12 in the morning
between 12-6 in the afternoon or after 10 pm really sucks. |
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timhorton

Joined: 07 Dec 2005
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Posted: Sun Oct 21, 2007 12:54 am Post subject: |
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Anything under the table (as you put it) is not legit. |
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isthisreally
Joined: 01 Sep 2007
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Posted: Sun Oct 21, 2007 1:30 am Post subject: |
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Well this may turn into something more. I would use this opportunity to either ask your boss for more lessons on Saturday or ask about recruiting your own students. |
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tomwaits

Joined: 05 Feb 2003 Location: PC Bong
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Posted: Sun Oct 21, 2007 6:13 am Post subject: |
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I think you Have a good boss. what would stop him from saying "Hey Chloe11 I have added a class to your schedule." Then it becomes an overtime hour (or not ) depending on your contract. (This was done to me.
It's up to you I guess. Is it illegal? It must be breaking a tax law of some sort but it's certainly safe if it's in your school. I would say he's getting a cut of the action and doesn't want to bother with paperwork.
Good choice to have actually. |
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yingwenlaoshi

Joined: 12 Feb 2007 Location: ... location, location!
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Posted: Sun Oct 21, 2007 6:26 am Post subject: |
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I think it's pretty normal to get tax-free overtime. Especially since they're probably not paying taxes anyway. Just make sure they're not overdeducting taxes on your regular pay. |
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wylies99

Joined: 13 May 2006 Location: I'm one cool cat!
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Posted: Sun Oct 21, 2007 10:28 am Post subject: |
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timhorton wrote: |
Anything under the table (as you put it) is not legit. |
yes. It's a private class. That's why it's being offered in cash.  |
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