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Forced Over time
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Jackofall



Joined: 29 Nov 2007
Location: Who knows

PostPosted: Sun Mar 16, 2008 9:11 pm    Post subject: Forced Over time Reply with quote

My new public high school has sprung some new classes on me; the classes are 1900 � 2040 Mon � Fri. They will pay me 60,000 per the 100min class every day. My problem is that I�m required to be at the school from 0840 till 1640 Mon � Fri, so this would mean I get off from work for around two hours, counting commute time, and then I have to come back. I really don�t need the money and I sure as #### don�t want to spend all day here 5 times a week.
My contract says that I must be here during school hours and that I am required to teach 18hrs a week. It does have a stipulation stating that if the school asks I will do the extra hours as stated below.
Quote:
Article 8 (Work Hours)
1. Employee shall work eight 8 hours per day for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and any national holidays of the Republic of Korea.
2. The Work Hours of Employee may follow the normal work schedule of civil servants of the Korean Government; however, such Work Hours may be adjusted by Employer as he/she deems appropriate.
3. Actual class instruction hours of Employee shall not exceed eighteen18 hours per week. If, however, Employee's actual weekly class instruction hours exceed eighteen 18hours due to supplementary class instruction, Employee shall be entitled to a supplementary class instruction pay(25,000won/hour).
4. Employer may require Employee to work overtime in addition to normal Work Days and Work Hours. In this case, overtime pay will be provided(6,000won/hour).


I am looking through the Korea Labor laws listed below.
Quote:
WORKING HOURS

It is stipulated in laws that working hours, excluding recess hours, shall not exceed 44 hours per week or 8 hours per day. In the case of overtime work agreed upon by the parties concerned, 50% of ordinary wages shall be paid additionally.
Standard Working Standard Working Extendable hours
Hours / Day Hours / Week
with the agreement of the parties concerned
Males 8hours 44hours 12 hours (a week)
Females 8hours 44hours 12 hours (a week)
Females within 8hours 44hours 2 hours (a day); 6 less than one year of hours (a week): 150 childbirth hours (a year)
Minors under 18 years 7hours 42hours 1 hour (a day); 6 hours (a Week)
Workers engaged in Hazardous jobs 6hours 34hours
(Source: Labor Standards Bureau, Ministry of Labor)
Here is what I�m thinking. Labor law says 8 hrs a day excluding recess hours, I�m assuming that means my lunch hour, and a total of 44hrs a week unless agreed upon. It seems I�m screwed.

I really don�t want to be a slave to this school and I would like to have some kind of life. Please let me know if I correct in my thinking, or if there are any loop holes I�m unaware of.

I could just do 60min of the 100min class and walk out to protest. Twisted Evil


Oh well, I just got the news and im still a bit sour about it. I guess I will need to get over it by TONIGHT!

Thank you for any advice.
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PGF



Joined: 27 Nov 2006

PostPosted: Sun Mar 16, 2008 9:28 pm    Post subject: Reply with quote

Are the four classes you teach during the day back to back? Maybe you could work something out where you come in late everyday or something....
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sun Mar 16, 2008 9:37 pm    Post subject: Reply with quote

Actually, the Labor Standards Act has been changed to 40 hrs./week.

Are you already scheduled for eighteen classes per week? If so, just say "No."
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marlow



Joined: 06 Feb 2005

PostPosted: Sun Mar 16, 2008 9:41 pm    Post subject: Reply with quote

I'd ask for 140,000 for the 100 minutes, and get my daily start time changed to noon.
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TheChickenLover



Joined: 17 Dec 2007
Location: The Chicken Coop

PostPosted: Sun Mar 16, 2008 9:45 pm    Post subject: Reply with quote

Say no. Extra classes are negotiable. You are not a slave, be firm & refuse. If they have students show up, don't show. Let them know in advance your'e not available at that time & don't apologize.

Chicken
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Temporary



Joined: 13 Jan 2008

PostPosted: Sun Mar 16, 2008 10:09 pm    Post subject: Reply with quote

Going rate is 40-45k won an hour.
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cbclark4



Joined: 20 Aug 2006
Location: Masan

PostPosted: Sun Mar 16, 2008 11:49 pm    Post subject: Reply with quote

If you say no and they fire you get in writing.

There is public school some where looking for a new teacher.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Mon Mar 17, 2008 8:30 am    Post subject: Reply with quote

cbclark4 wrote:
If you say no and they fire you get in writing.

There is public school some where looking for a new teacher.



The OP is already working in a public school.
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PRagic



Joined: 24 Feb 2006

PostPosted: Mon Mar 17, 2008 4:28 pm    Post subject: Reply with quote

Public schools aren't the only places to pull this bs; hakwons are of course famous for it, and universities do it, too. Saves them the salary of another teacher and paying all the associated costs to boot.

Many Korean education administration officials want to know what to do to make jobs satisfying. It's easy. Foreign teachers will be satisfied when basic contract terms are met, and when directors stop playing the we-have-a-foreigner-so-let's-have-them-do-more (so we can make more)game.

Some people want overtime, so don't. Personally, unless the institution pays a decent overtime rate, I try to get out of it. Even in my current position (full-time, tenure track), they ask us to do 'sacrifice overtime', and pick up an extra class for a ridiculously low salary. Pisses me off.
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DongtanTony



Joined: 22 Feb 2008
Location: Bundang

PostPosted: Mon Mar 17, 2008 7:18 pm    Post subject: Reply with quote

It's posts like these that make me wonder why so many here argue that the public school system is so much "safer" to work with.

Yes...salaries are paid on time...deductions are made...unless you're part-time like the guy that was in that house fire...what an unfortunate situation there.

The point is...OP...you work your eight hours a day...overtime should be an option (though it is NOT worded as such in your contract)...I would politely come up with a story about a class you're taking that would conflict with this schedule...furthering your personal education and what not...or that you volunteer with a church organization and it would conflict...blah blah yada yada...Koreans tell little white lies all the time to circumvent the process.

Either way...the demands are in excess of the stated working hours of your contract...I wouldn't make it a battle...but I would politely decline and have a golden excuse in my back pocket.
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Mon Mar 17, 2008 7:46 pm    Post subject: Reply with quote

I was asked by both my schools to do 'after school' classes. No excuses... I just said "No." End of the matter.
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PRagic



Joined: 24 Feb 2006

PostPosted: Mon Mar 17, 2008 11:17 pm    Post subject: Reply with quote

Spot on advice from DongtanTony.
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biggpoppa



Joined: 14 Jul 2007
Location: Toronto, Ontario, Canada

PostPosted: Tue Mar 18, 2008 12:24 am    Post subject: Reply with quote

i was asked to teach an extra class...it was actually before i started teaching in the morning...this really dumb broadcast lesson to the entire school...10 mins a day, 5 times a week...they said we'll pay you the overtime rate in my contract, 25k an hour (they included prep to make an hour worth of pay)...they soon realized they couldn't afford to pay me to do it...they don't ask me to do anything extra...i would of enjoyed getting paid 25k for a 10 mins dialog lesson 5 days a week...
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Jackofall



Joined: 29 Nov 2007
Location: Who knows

PostPosted: Tue Mar 18, 2008 1:15 am    Post subject: Reply with quote

Well I mentioned to the VP that I�m already at the school from 0830 till 1640 already and that these extra classes are too much of a burden, hey I put things nicely. The VP started mentioning the contract and how it said I should take the supplementary classes. That is why I was looking for a legal way to decline. Since I am new to Korea and I am still living in the dorm, don�t get me started on that one, they know I have nothing else. They also definitely know that I have nothing to do, because there is no way to leave this campus due to the fact there are no buses out here in my area. I�m waiting for my immigration number so I can get a license and then get a car or motorcycle.

The principal is very contract oriented and always says, through a proxy, to look at what the contract says. I have let a lot of things go since it is a brand new school but this is the final straw. It�s not my **** fault the other teacher didn�t come, and yes I did say that minus the ****.
I�m still looking for a legal way to reject it. They offered that I could only come to school when I have class and not have to stay at the office, as long as my classes didn�t suffer. Which would be great except that all my classes are spread out so much that it doesn�t make any real difference.

Sorry, bit of a rant there but I feel like I�m taking crazy pills Very Happy
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TheChickenLover



Joined: 17 Dec 2007
Location: The Chicken Coop

PostPosted: Tue Mar 18, 2008 1:18 am    Post subject: Reply with quote

Contracts in Korea are VERY loosely interpereted until they feel they can use it towards their advantage. Simply say no. Don't negotiate. Your time is your time. My first impression is that they feel you are more of a 'pet' than a teacher. Your dorm room is your cage & they should be able to have you come out & perform whenever they need. Since you've said no, they're looking for ways to persuade you. They need you to be a good pet. Are you a good pet?

My suggestion is simple, be ready to leave. You should not be unhappy with your work circumstances. IF it ever gets to that point, then it's time to move onto greener & happier pastures. He knows it, but he also thinks there is nothing you can do.

Contracts here mean crap anyways. Call his bluff & see if he fires you. I'll bet you 100k he won't.

Chicken
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