Korean Job Discussion Forums

georgewallas · Joined: 26 Nov 2007

Now Winter is here, and as of the 6th, the school is on a 1-6 schedule, but I only teach from 2-6. So I come at 2 and leave at 6.

The contract stipulates only 7 actual teaching hours, no prep, no actual hours of work outside of the teaching hours [which were attached in an addendum].

Now I get a letter stating that he will dock "hours not worked" per day, it's about 13k hour, mind. "Because I show for 4 times without reasons."
Instead of the 7 hours per the contract, the paragraph continues to stipulate that the hours are set according to the institute schedule [which is 4 hours, instead of 5 hours, last months I got paid the full amount].

The contract does not mention any docking of hours, or days. Theres a mention of prep time; "minimal prep time".

He'll certainly try to get away with this. But can I stop him?

joewaller · Joined: 16 Apr 2007 Location: Bundang

I would try to negotiate with him. Try to figure out what prep time is actually necassary per class. I think it is fair to ask for mandatory prep time, as long as it is within reason. I don't know what your monthly rate is but your teaching hours are more than reasonable. If they can assign 7 teaching hours a day, it is better that they only assign you 4 teaching and 3 office hours than stacking your schedule (as I know many other people are stuck with).

In the end, if he docks your pay and you feel like it is not clear in the contract you keep track of the deductions and when the contract is up bring it to the Labor Board and see if you are entitled to get it back.

yingwenlaoshi · Joined: 12 Feb 2007 Location: ... location, location!

Tell him to shove it. You signed a contract with a guaranteed monthly salary. He can't dock your pay because he can't find enough classes for you. If it's to do with how many hours you are at work, then stay 7 hours. A contract should state working from said hour to said hour. Like me. My contract states 2 to 7. If my boss were to decide that I come in at 3 instead of 2 and work till 9, he can't dock my pay.

georgewallas · Joined: 26 Nov 2007

Therein lies the catch, the contract stipulates " 7 teaching hours" which are well define. But nothing about working hours, or for the matter prep time - having twiddled my thumbs before in endless "prep" time,

I think it's a scheme to pay me less, or a chance to bully me a bit more.

Tommorow I am going to the Bar's legal help, and will find out, one way or the other.

mindmetoo · Joined: 02 Feb 2004

Tell him you're more than happy to work 7 teaching hours a day if he provides those classes. You signed the contract assuming you were going to be given x amount of work for x amount of pay. If he can't fill your day with work, he's simply not at liberty to dock you pay. It's not your fault he can't properly market his school.

Tell him straight up you won't accept any less than the wage you contracted for. You're sorry his school isn't doing so well. If he can't afford you then he should provide a letter of release and lay you off. If he docks you pay, he's in break of contract and you simply won't teach any hours until you're paid in full for what you contracted for.

It's funny, eh, that Korean immigration has determined we're the problem. That the hagwon system can be fixed by keeping the criminals out. But the Korean government doesn't lift a finger to fix the other side of the coin, the industry that rips off teachers, creates a bad rep for itself, and then wonders when you have a system run by a bunch of predators, only other predators come looking at Korea.

yingwenlaoshi · Joined: 12 Feb 2007 Location: ... location, location!

Voyeur · Joined: 19 Jun 2003

Don't be a knob.

If the contract requires 7 teaching hours a day and you only get 4, he is well within his rights to make you stay for 3 prep-hours. Maybe not technically - or maybe yes - but basic common sense would tell you not to look a gift horse in the mouth,

OTOH I'm not sure why you agreed to a contract that requires 7 full contact hours a day. There must be more to this than you have told us., What are your total hours per week or month? Is your salary fixed or variable?

But IMO OFC a school can make you spend teaching hours on-site even if they don't have classes for you. They are fools for making you do it - but being obstinate and legalistic is not the best way out of that kind of situation IMO.

yingwenlaoshi · Joined: 12 Feb 2007 Location: ... location, location!

Voyeur · Joined: 19 Jun 2003

My bad. I got the impression he not only wanted to not get his pay docked, but that he also wanted to continue only coming for teaching hours on a going forward basis. That would be a bit assinine. But he has a solid case for not being docked since nobody warned him.

yingwenlaoshi · Joined: 12 Feb 2007 Location: ... location, location!

georgewallas · Joined: 26 Nov 2007

What happened is that the same day [8th of January] the Pension office showed up and slapped the owner with a more than marginal fine [I assure you of that, he's never been visibly mad before this]
I got a letter stating that I will have my pay scaled to the number of hours I come, rather than a fixed pay - regardless of the number of hours.

Apparently, in a letter that he wrote 2 weeks earlier, he changed the agreement in the contract/de facto, and decided that I must sit on my thumbs for 3 hours a day, something I did not mind doing, at all, had I no life, or he was right - the contract clearly stipulates teaching/class hours - not work hours - so I promptly informed him, at the time, of that, and again on the 8th. I also did come, and kept a class/teaching record, which he signed hourly.
He has docked my pay by 90%, going past the 1st of Jan, for instance, when I was paid in full for Decemeber, and retroactively docked my pay - all the way to December 24th. A strange date, since the letter was dated the 20th of Dec, and I got it on the 28th.

This is an ass being just that. I am currently holed up in the apartment, refusing to leave until he pays me, the LB is handling this issue, too.

Zaria32 · Joined: 04 Dec 2007

My hogwon is falling apart, but I've only got 3 more weeks. On Mondays I have only one class, and one on Wednesday...a total of only 12 classes per week. I used to teach 8 or 9 shortish classes a day.

Now I come in ONLY for my classes. I've offered to do other things, but they don't have anything else for me to do. They've never tried to dock my pay or suggest I sit in the UNHEATED school for the day...

Ask him to show you where in the contract it says he can do this. Bring in a copy of the contract, look bemused, say "I can't find it in here..." Be sure and keep a copy at your house in case he snatches it out of your hand.