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Cracker006
Joined: 11 Feb 2008
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 Posted: Sat Feb 16, 2008 3:57 am Post subject: Forced overtime |
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My boss just told us that we have manditory training all next week... after hours.
I've got other things going on after work... I'm taking classes, and I have a language exchange. If I stay after work, I'll miss my classes and my appointments. (No, not teaching things).
I checked out my contract. It says what my hours are. It says what I'll be paid for overtime. But it doesn't say if overtime is manditory.
So basically what I want to know is... can my boss force me to do training after hours? |
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garykasparov
Joined: 27 May 2007
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| Posted: Sat Feb 16, 2008 5:17 am Post subject: |
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| In Korea, overtime is optional. No one can force you to work overtime. But, they will not be happy if you refuse to work it. Be an adult and say no, but expect trouble. |
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cdninkorea
Joined: 27 Jan 2006
Location: Seoul
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| Posted: Sat Feb 16, 2008 5:21 am Post subject: |
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| Korean labor law states that overtime cannot be mandatory. I'm sure someone can link you to the labor law on the gov't website. |
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garykasparov
Joined: 27 May 2007
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| Posted: Sat Feb 16, 2008 5:27 am Post subject: |
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| OP, keep this in mind. The fact that overtime is a factor is because you are bringing in a lot of students. You must be an effective teacher. The parents are signing their kids up at your school because you have a good reputation. Use this to your advantage. |
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Mi Yum mi
Joined: 28 Jan 2008
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| Posted: Sat Feb 16, 2008 10:29 am Post subject: |
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| Read your contract. If there is something that says "The teacher will also participate in toher activities"...you are screwed. If something like that is on your contract, be a man, work the hours and learn from it. If there is nothing like that...be a man and say no. |
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Fresh Prince
Joined: 05 Dec 2006
Location: The glorious nation of Korea
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| Posted: Sat Feb 16, 2008 5:20 pm Post subject: |
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This is one of those things where if you say no they probably won't be very happy so you could either refuse to do it and hope that they will be understanding, or go through with it to make it look like your a team player.
One alternative is to tell them that you can't make it because you have Korean class...Korean is really hard and you can't miss it...you want to learn more about Korean culture...You don't want to offend your Korean sunsengnim...(I wouldn't bring up the language exchange since that might cause problems).
If they insist that you come after that, it's a one time deal, it's really training and not BS, and it won't be repeated in the future, I would probably do it to avoid any problems. I imagine that if it isn't necessary then they would satisfied with you missing it for Korean lessons though. |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Sat Feb 16, 2008 6:04 pm Post subject: |
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Labor Standards Act
CHAPTER 1
General Provisions
Article 6 (Prohibition of Forced Labor)
An employer shall not force a worker to work against his own free will through the use of violence, intimidation, confinement or by any other means which unjustly restrict mental or physical freedom.  |
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luvnpeas
Joined: 03 Aug 2006
Location: somewhere i have never travelled
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| Posted: Sat Feb 16, 2008 6:15 pm Post subject: |
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| cruisemonkey wrote: |
Labor Standards Act
CHAPTER 1
General Provisions
Article 6 (Prohibition of Forced Labor)
An employer shall not force a worker to work against his own free will through the use of violence, intimidation, confinement or by any other means which unjustly restrict mental or physical freedom. |
That's a prohibition against slavery, not overtime.
It just depends on what the contract says. |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Sat Feb 16, 2008 6:36 pm Post subject: |
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| luvnpeas wrote: |
| cruisemonkey wrote: |
Labor Standards Act
CHAPTER 1
General Provisions
Article 6 (Prohibition of Forced Labor)
An employer shall not force a worker to work against his own free will through the use of violence, intimidation, confinement or by any other means which unjustly restrict mental or physical freedom. |
That's a prohibition against slavery, not overtime.
It just depends on what the contract says. |
It's open to interpretation. However, the Labor Board has set presetent by finding Article 6 to mean one cannot be forced to work overtime. Under administrative law, this voids any contract provisions. |
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Cracker006
Joined: 11 Feb 2008
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| Posted: Sun Feb 17, 2008 5:53 pm Post subject: |
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Couple of other things...
(1) My contract doesn't say anything about "other activities"
(2) If it was a "one time" deal, I wouldn't mind. It's EVERY NIGHT FOR A WEEK. A "few" hours. And I have to travel to another location about 30 minutes away.
And they said I will *probably* get paid for the time, but not the travel.
That sucks. |
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nomad-ish
Joined: 08 Oct 2007
Location: On the bottom of the food chain
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| Posted: Sun Feb 17, 2008 5:58 pm Post subject: |
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| Cracker006 wrote: |
Couple of other things...
(1) My contract doesn't say anything about "other activities"
(2) If it was a "one time" deal, I wouldn't mind. It's EVERY NIGHT FOR A WEEK. A "few" hours. And I have to travel to another location about 30 minutes away.
And they said I will *probably* get paid for the time, but not the travel.
That sucks. |
that part sounds illegal to me. is that second place of work on your ARC? if not, immi has not approved it and it's illegal |
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