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davai!
Joined: 04 Dec 2005
Location: Kuwait
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 Posted: Tue Feb 12, 2008 1:21 am Post subject: Boss thinks he doesn't pay weekly OT if Pay per. ends mid wk |
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Has this happened to you?
My boss just informed me that since one pay period ended on Tuesday and the next one started Wed. then I won't be getting the Overtime I accrued for the week.
Sparkling! |
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roknroll
Joined: 29 Dec 2007
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| Posted: Tue Feb 12, 2008 1:34 am Post subject: |
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| No. Does your contract state OT after, eg, 30hours per week? Or is it OT above ,for eg., 120hours per month (monthly pay period). If it's weekly, his argument is irrelevant (read scam or ignorance, i'm betting on scam). If it's monthly (above so many hours per month=OT) then you very well may get screwed out of OT. Make sure you keep close tabs on your OT and don't work any OT that you will not be paid for. Personally, I'd tell him that if he wants me available for future OT to pay it out. Course, if it's the monthly thing I'd kick myself for not taking this up before being hired---nevertheless, i wouldn't work OT in this situation in the future. |
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Corky
Joined: 06 Jan 2004
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| Posted: Tue Feb 12, 2008 1:47 am Post subject: |
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| In my experience, hours worked and overtime isn't caculated by the week, but by the month. |
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roknroll
Joined: 29 Dec 2007
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| Posted: Tue Feb 12, 2008 1:55 am Post subject: |
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| same here |
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davai!
Joined: 04 Dec 2005
Location: Kuwait
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| Posted: Tue Feb 12, 2008 4:02 am Post subject: |
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my OT is calculated at "over 120 hours/month OR over 30 hours/wk"
It has been a fight in the past. We'll see how it goes.... |
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yingwenlaoshi
Joined: 12 Feb 2007
Location: ... location, location!
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| Posted: Tue Feb 12, 2008 5:02 am Post subject: |
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Overtime should be calculated by the day, but I guess in some of your cases you might teach 4 classes one day and then 7 or 8 other days. If you're on a 120 hr/month contract and you normally teach 6 classes a day then it's easy. One of the first things you need, of course, is a set schedule. So anything outside the contracted scheduled hours in one day, anything taught over 6 teaching hours in one day, and any weekend work is overtime.
The 120 hr/month thing doesn't compute when calculating OT if you're on a monthly salary at 30 hrs/wk. You're almost always going to teach more classes than that in a month. But if you do get OT for anything over 120 classes in one month, all the power to you. I, however, like the daily plan and regard the 120 hrs/month deal as BS that averages it out. |
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Corky
Joined: 06 Jan 2004
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| Posted: Tue Feb 12, 2008 5:38 am Post subject: |
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| davai! wrote: |
my OT is calculated at "over 120 hours/month OR over 30 hours/wk"
It has been a fight in the past. We'll see how it goes.... |
Yikes! How many more than 30 hours a week are you teaching, and how long has this been going on for?
That really sucks. Anything over 30 hours is just cruel. |
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davai!
Joined: 04 Dec 2005
Location: Kuwait
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| Posted: Tue Feb 12, 2008 5:45 am Post subject: |
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| I worked 39 hours that week, due to the January intensives. Normally it is about 23, but during November there was a ton of OT b/c we were short a teacher. |
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Temporary
Joined: 13 Jan 2008
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| Posted: Tue Feb 12, 2008 1:46 pm Post subject: |
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| Just plainly tell him that you will not teach more then 30 hours a week.. |
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roknroll
Joined: 29 Dec 2007
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| Posted: Tue Feb 12, 2008 11:31 pm Post subject: |
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| yingwenlaoshi wrote: |
Overtime should be calculated by the day, but I guess in some of your cases you might teach 4 classes one day and then 7 or 8 other days. If you're on a 120 hr/month contract and you normally teach 6 classes a day then it's easy. One of the first things you need, of course, is a set schedule. So anything outside the contracted scheduled hours in one day, anything taught over 6 teaching hours in one day, and any weekend work is overtime.
The 120 hr/month thing doesn't compute when calculating OT if you're on a monthly salary at 30 hrs/wk. You're almost always going to teach more classes than that in a month. But if you do get OT for anything over 120 classes in one month, all the power to you. I, however, like the daily plan and regard the 120 hrs/month deal as BS that averages it out. |
-->another trick of the trade is to not count a holiday towards the 120 hours/or classes. so in Feb this year, if you worked say 15 hrs above and beyond your usual schedule (say 5 extra hours the last 3 weeks of Feb), they'd likely deny any OT because there were 3 days of public holidays. same goes when there is one public holiday during the month, which is more typical of course. This March has 21 days of teaching for those on the M-F routine. March 1st is a holiday and lands on Saturday. So in effect, we lose a public holiday for March yet I'm sure they'd use this one day to deny OT under the monthly deal. technically, if one worked 21 days in a month with no public holiday, then the 21st day would constitute OT--but it's unlikely anyone would ever get this.
--the 'daily plan' sounds good but they'd never have it. theoretically, the 30hrs a week should work just as well. however, they have more wiggle room (scamming room). if you worked three 7-hour days, they go back to see if you had any breaks on your two 6-hour days. if you did, they'd subtract these breaks from your 3 hours OT. and of course, there's the OP's case where they play games with your month-ending during the week. |
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Kimchieluver
Joined: 02 Mar 2005
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| Posted: Wed Feb 13, 2008 12:03 am Post subject: |
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| When I worked at a hagwon, they always paid me OT for hours worked outside of the set schedule (or over 6 hours/day during intensives). Any other way is just wrong. If you go by 120 hours/ month you will usually surpass that and could ding them for that in the future and for past pay too. |
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yingwenlaoshi
Joined: 12 Feb 2007
Location: ... location, location!
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| Posted: Wed Feb 13, 2008 1:12 am Post subject: |
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| roknroll wrote: |
| yingwenlaoshi wrote: |
Overtime should be calculated by the day, but I guess in some of your cases you might teach 4 classes one day and then 7 or 8 other days. If you're on a 120 hr/month contract and you normally teach 6 classes a day then it's easy. One of the first things you need, of course, is a set schedule. So anything outside the contracted scheduled hours in one day, anything taught over 6 teaching hours in one day, and any weekend work is overtime.
The 120 hr/month thing doesn't compute when calculating OT if you're on a monthly salary at 30 hrs/wk. You're almost always going to teach more classes than that in a month. But if you do get OT for anything over 120 classes in one month, all the power to you. I, however, like the daily plan and regard the 120 hrs/month deal as BS that averages it out. |
-->another trick of the trade is to not count a holiday towards the 120 hours/or classes. so in Feb this year, if you worked say 15 hrs above and beyond your usual schedule (say 5 extra hours the last 3 weeks of Feb), they'd likely deny any OT because there were 3 days of public holidays. same goes when there is one public holiday during the month, which is more typical of course. This March has 21 days of teaching for those on the M-F routine. March 1st is a holiday and lands on Saturday. So in effect, we lose a public holiday for March yet I'm sure they'd use this one day to deny OT under the monthly deal. technically, if one worked 21 days in a month with no public holiday, then the 21st day would constitute OT--but it's unlikely anyone would ever get this.
--the 'daily plan' sounds good but they'd never have it. theoretically, the 30hrs a week should work just as well. however, they have more wiggle room (scamming room). if you worked three 7-hour days, they go back to see if you had any breaks on your two 6-hour days. if you did, they'd subtract these breaks from your 3 hours OT. and of course, there's the OP's case where they play games with your month-ending during the week. |
They'd never have it? Mine has it and I told my boss that there was no other way. The thing you have to keep in mind is you should be hired on a scheduled basis. Like 2-9 or something at 6 teaching hours (mine are 50 minutes) a day. Not my problem if they can't schedule all my classes for one day. Not my problem.
Even if I only teach 25 classes all week during vacation times, if I teach 6.5 hours in one of those days, I get a half an hour OT. |
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roknroll
Joined: 29 Dec 2007
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| Posted: Wed Feb 13, 2008 1:52 am Post subject: |
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| yingwenlaoshi wrote: |
| roknroll wrote: |
| yingwenlaoshi wrote: |
Overtime should be calculated by the day, but I guess in some of your cases you might teach 4 classes one day and then 7 or 8 other days. If you're on a 120 hr/month contract and you normally teach 6 classes a day then it's easy. One of the first things you need, of course, is a set schedule. So anything outside the contracted scheduled hours in one day, anything taught over 6 teaching hours in one day, and any weekend work is overtime.
The 120 hr/month thing doesn't compute when calculating OT if you're on a monthly salary at 30 hrs/wk. You're almost always going to teach more classes than that in a month. But if you do get OT for anything over 120 classes in one month, all the power to you. I, however, like the daily plan and regard the 120 hrs/month deal as BS that averages it out. |
-->another trick of the trade is to not count a holiday towards the 120 hours/or classes. so in Feb this year, if you worked say 15 hrs above and beyond your usual schedule (say 5 extra hours the last 3 weeks of Feb), they'd likely deny any OT because there were 3 days of public holidays. same goes when there is one public holiday during the month, which is more typical of course. This March has 21 days of teaching for those on the M-F routine. March 1st is a holiday and lands on Saturday. So in effect, we lose a public holiday for March yet I'm sure they'd use this one day to deny OT under the monthly deal. technically, if one worked 21 days in a month with no public holiday, then the 21st day would constitute OT--but it's unlikely anyone would ever get this.
--the 'daily plan' sounds good but they'd never have it. theoretically, the 30hrs a week should work just as well. however, they have more wiggle room (scamming room). if you worked three 7-hour days, they go back to see if you had any breaks on your two 6-hour days. if you did, they'd subtract these breaks from your 3 hours OT. and of course, there's the OP's case where they play games with your month-ending during the week. |
They'd never have it? Mine has it and I told my boss that there was no other way. The thing you have to keep in mind is you should be hired on a scheduled basis. Like 2-9 or something at 6 teaching hours (mine are 50 minutes) a day. Not my problem if they can't schedule all my classes for one day. Not my problem.
Even if I only teach 25 classes all week during vacation times, if I teach 6.5 hours in one of those days, I get a half an hour OT. |
I agree with you and operate in the same fashion, if they decline I simply decline to work OT. "they'd never have it"-->i should have explicitly stated IN GENERAL in korea, as in a standard contract (not that there is one in korea but let's say average operating procedure)---not to say that any particular individual couldn't negotiate this with their employer.
| Quote: |
| Not my problem if they can't schedule all my classes for one day. Not my problem. |
couldn't agree with ya here more[/quote] |
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davai!
Joined: 04 Dec 2005
Location: Kuwait
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| Posted: Wed Feb 13, 2008 3:45 pm Post subject: |
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Went into work yesterday and was greeted with a "Notice of Layoff" on my desk.
I am ok with that, as I really don't want to work there anymore, but I gave them my "Second Notice" about the missing OT. I told them they can have a really pleasant 30 days or a really uncomfortable 30 days. Their choice.
Will keep you posted.
You know, every paycheck was wrong in some way ranging from 15000won to about 140,000 won. It was always a fight to get that back and I always got it, but it always created negative feelings and ill will. I think that the English Mgr. is afraid to admit his mistakes to his manager. |
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Sadebugo1
Joined: 11 May 2003
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| Posted: Thu Feb 14, 2008 3:21 am Post subject: |
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Those guys expend a lot of energy figuring out ways to nickel and dime their employees. He knows he cheated you; he's just testing to see how much he can get away with. In my first job over 13 years ago, we always had issues like this and mentally prepared to go to war every payday.
Sadebugo
Djibouti, Horn of Africa
http://travldawrld.blogspot.com/ |
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