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Pagoda Teaching Academy, Seoul, South Korea Nightmare
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Mon May 19, 2008 11:07 pm    Post subject: Reply with quote

Ut videam wrote:
darkcity wrote:
Quote:
Does the FT get fined if he/she misses a class?


my contract says:
Quote:

b. If the Employee is late for a class, they will be fined W1,000 per minute for that class. If the entire class is missed, the Employee will be required to reimburse the students� tuition for that class. All penalties will be deducted from the Employee�s next month�s salary.


i'm pretty sure that's just if you show up late or not at all for no good reason. that's a pretty shitty clause, make sure you don't show up late.

Forget "pretty shitty," it's flat out illegal under Article 20 of the Labor Standards Act.

Yes and no. The whole 1000/minute "fine" is illegal, but not the deduction of the class from your salary. If you don't work the class, why should you get paid for the class? It's not a salaried job, it's hourly. You get paid for the hours you teach. No teach-ee, no pay-ee. So, technically, it's not a deduction for a missed class.

The fact of the money deducted going to the student is a separate issue.
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Ut videam



Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do

PostPosted: Tue May 20, 2008 4:22 am    Post subject: Reply with quote

Young FRANKenstein wrote:
Yes and no. The whole 1000/minute "fine" is illegal, but not the deduction of the class from your salary. If you don't work the class, why should you get paid for the class? It's not a salaried job, it's hourly. You get paid for the hours you teach. No teach-ee, no pay-ee. So, technically, it's not a deduction for a missed class.

The fact of the money deducted going to the student is a separate issue.

Yes and no.

IF the teacher is clearly an hourly employee and not salaried, then I have no beef with "No teach-ee, no pay-ee."

But somehow I doubt that the teacher's hourly rate is equal to the student's tuition. I suspect the tuition is significantly more. Hence, making the teacher "reimburse" the student for the missed class is not merely a deduction for hours not worked, it is an illegal penalty.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Tue May 20, 2008 4:55 am    Post subject: Reply with quote

Ut videam wrote:
somehow I doubt that the teacher's hourly rate is equal to the student's tuition. I suspect the tuition is significantly more. Hence, making the teacher "reimburse" the student for the missed class is not merely a deduction for hours not worked, it is an illegal penalty.

It all hinges on how much the teacher is paid, and how much the student pays (per class; we'd have to average it out over their total tuition paid). If it is equal, then no harm no foul. There is only illegality if the student pays more per class than what the teacher receives. I don't know the current figures at DE.

Maybe someone who works there currently can fill in the relevant figures?

Now, with Pagoda, there is no question about the illegality of their penalty. If a student leaves and demands a refund, the TEACHER is the one that ends up paying for it (if the teacher is the reason why the student wants the refund). That's the way it was a few years ago. I assume they're still being assbags about it and haven't changed it.
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postfundie



Joined: 28 May 2004

PostPosted: Tue May 20, 2008 5:35 am    Post subject: Reply with quote

Quote:
It all hinges on how much the teacher is paid, and how much the student pays (per class; we'd have to average it out over their total tuition paid). If it is equal, then no harm no foul. There is only illegality if the student pays more per class than what the teacher receives. I don't know the current figures at DE.


the pay for the hour (broken down into two 30 minute periods is less than the student's tuition.)
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Ahssakat



Joined: 26 Aug 2006

PostPosted: Tue May 20, 2008 6:55 pm    Post subject: Reply with quote

Other financial things to watch at Pagoda:

Weekend classes: You are told you can earn a lot of money on weekend classes, but this only applies if you have over a certain number of students in the class - otherwise you get the basic hourly rate.

There was also a case last year where a teacher was told that because he did not have 'enough' students in his weekday class the class would either be cancelled, or he could receive less pay for this class. He took the latter, which I think sets a dangerous precedent for the other foreign teachers.
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mountainous



Joined: 04 Sep 2007
Location: Los Angeles

PostPosted: Tue May 20, 2008 9:20 pm    Post subject: Reply with quote

The VACATION sounds very difficult to take:

Quote:
XI. VACATION
A. The Employee may use twenty (20) working days as vacation per year if they are fulfilling a twelve (12) month Employment Agreement and only after the initial three (3) months of employment.
B. No vacation can exceed five (5) workings days and none can be used during the final month of the Employment Agreement.
C. Employees will not be allowed to take �half days� off. Any day where a vacation is used, regardless of the number of hours for the day used, will be counted as a full �used vacation� day.
D. Vacation is not permitted during the peak months of July, August, January, and February. Exceptions will be made at the sole discretion of the Employer.
E. Employees will not receive pay during a vacation period; however, as a bonus, the Employer will pay the Employee W30,000 per vacation day not used at the end of a one-year Employment Agreement.
F. All vacation requests must be submitted to the Manager forty-five (45) days before the desired period and is granted solely at the discretion of the Manager and other Employees.
G. The Employee must cooperate with the Manager regarding scheduling when another Employee is on vacation.
H. The Employee cannot have consecutive vacations � the period between vacations must be a minimum of twenty working days.
I. In the case of absence by the Employee, that day will be counted as a �used� vacation.
J. If the Employment Agreement is renewed or extended after the completion of this agreement, any accrued vacation time will not roll over nor will it be applicable to the new terms of the Employment Agreement.
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Ahssakat



Joined: 26 Aug 2006

PostPosted: Tue May 20, 2008 9:58 pm    Post subject: Reply with quote

Quote:
The VACATION sounds very difficult to take:

Quote:
XI. VACATION
A. The Employee may use twenty (20) working days as vacation per year if they are fulfilling a twelve (12) month Employment Agreement and only after the initial three (3) months of employment.
B. No vacation can exceed five (5) workings days and none can be used during the final month of the Employment Agreement.
C. Employees will not be allowed to take �half days� off. Any day where a vacation is used, regardless of the number of hours for the day used, will be counted as a full �used vacation� day.
D. Vacation is not permitted during the peak months of July, August, January, and February. Exceptions will be made at the sole discretion of the Employer.
E. Employees will not receive pay during a vacation period; however, as a bonus, the Employer will pay the Employee W30,000 per vacation day not used at the end of a one-year Employment Agreement.
F. All vacation requests must be submitted to the Manager forty-five (45) days before the desired period and is granted solely at the discretion of the Manager and other Employees.
G. The Employee must cooperate with the Manager regarding scheduling when another Employee is on vacation.
H. The Employee cannot have consecutive vacations � the period between vacations must be a minimum of twenty working days.
I. In the case of absence by the Employee, that day will be counted as a �used� vacation.
J. If the Employment Agreement is renewed or extended after the completion of this agreement, any accrued vacation time will not roll over nor will it be applicable to the new terms of the Employment Agreement.


Actually in my branch it wasn't - you just need to be organised and ask in advance. The lack of Jan/Feb/July/August is a little irritating but as these are the months you stand to make the most money most people don't want to take them anyway! Also, exceptions have been made to this rule.
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Paddy111



Joined: 19 Mar 2008

PostPosted: Wed May 21, 2008 3:24 am    Post subject: Ian, we love you! Phil, what a guy...... Reply with quote

Shylock and Joseph Goebels were eminently more trustworthy, decent upstanding citizens than either Ian Windsor or Phil Reynolds!

Pol Pot and Robert Mugabe would make far more pleasant company for afternoon tea at the Savoy than most of the desk managers thereat!
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Wed May 21, 2008 5:26 am    Post subject: Reply with quote

mountainous wrote:
The VACATION sounds very difficult to take:
D. Vacation is not permitted during the peak months of July, August, January, and February. Exceptions will be made at the sole discretion of the Employer.

Nothing at all wrong with not being able to take vacations at those times. (1) those are peak vacation months anyways and flights/vacation spots cost too much anyway, and (2) schedules and students are maxed out so you make the most coin during those months.

This is the clause you should be worried about:
Quote:

E. Employees will not receive pay during a vacation period; however, as a bonus, the Employer will pay the Employee W30,000 per vacation day not used at the end of a one-year Employment Agreement.

You make significantly more money per day than W30,000. They are stealing from you if you don't take your vacation.

Yet another illegality in a long list of contractual illegalities at Pagoda, the NOVA of Korea. It's about time they crashed and burned like NOVA, but the teachers are sheep and willingly let Pagoda cram them up the ass.
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Paddy111



Joined: 19 Mar 2008

PostPosted: Wed May 21, 2008 6:48 am    Post subject: Pagoda and Holidays Reply with quote

Korean Labour Law provides that you are entitled to one paid day's holiday per month you have worked. The law changed last year I believe but Pagoda claim not to be aware of this. It is now. It may actually be twenty days paid holiday but I do not care to check. Nor do I know whether the law is retrospective.

It is also an immutable fact that most of Pagoda's contracts are in breach of Korean Labour Law in that they purport not to pay the employee what they are entitled to under the law. I suspect that, in relation to unpaid holiday pay, Pagoda owes its employees a rather significant sum of money.

The bottom line is that if you do not take your holiday, you are entitled to be paid a sum in lieu, not the paltry 'bonus'. And this can translate to quite a nice little bonus at the end of your contract. That sum is calculated by reference to your average day's take home pay which works out to be significantly more than Won 30,000.

It is really unfortunate that Pagoda abuses its staff in all manner of ways. Such experience could colour one's experience of what is a really great (albeit, at times whacky) country. It should not. Equally, teachers should stick up for themselves.

Pagoda is like an aspiring first world country but with a very definitely third world Mugabe mentality where the rule of law does not mean shit. Nor does it help itself with its hackneyed syllabi and seditious western middle management.

I apologise for writing in such emotive terms. There is some catharsis in it for me. At the same time, I hope it helps existing and putative teachers to formulate a reasoned decision.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Wed May 21, 2008 8:03 am    Post subject: Re: Pagoda and Holidays Reply with quote

Paddy111 wrote:
Korean Labour Law provides that you are entitled to one paid day's holiday per month you have worked. The law changed last year I believe but Pagoda claim not to be aware of this. It is now. It may actually be twenty days paid holiday but I do not care to check. Nor do I know whether the law is retrospective.

When I worked there, teachers were paid a total of 40 HOURS, instead of the 10 full days of holidays we were entitled to. I was busy with another lawsuit at the time, or I would have gone after them for the money. I didn't really care if I won, I just wanted them in court to hear their excuses.

The current (newly changed) law is 15 days of holiday per year (not 1 day per month). I would be surprised to hear Pagoda adheres to the revised law. They break labor laws willy nilly because teachers don't call them on it or file with labor to make them pay up. Pagoda teachers need to grow some balls.
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rrlawyer



Joined: 06 May 2008

PostPosted: Thu May 22, 2008 1:39 am    Post subject: Re: Pagoda and Holidays Reply with quote

Paddy111 wrote:

The current (newly changed) law is 15 days of holiday per year (not 1 day per month). I would be surprised to hear Pagoda adheres to the revised law. They break labor laws willy nilly because teachers don't call them on it or file with labor to make them pay up. Pagoda teachers need to grow some balls.


I agree. The problem for many of us at the time was that we say a teacher complain and end up with a shift that sucked the life out of him. It was painful to see. He quit and they would not "release" him from the contract unless he paid them through the nose! He wanted to stay in Korea and had to buy his release and it wiped him out.

There is nothing in the contract to stop them from intentionally creating punitive schedules. They can bust your balls and won't hesitate to if you complain.
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Paddy111



Joined: 19 Mar 2008

PostPosted: Thu May 22, 2008 2:53 am    Post subject: Pagoda sucks Reply with quote

I held my nerve throughout. I took them on and I won. I do not particularly want to be a cause celebre though.

I did it alone. Most people are inherently self interested, happy to receive a crappy pay cheque and abominable conditions, reasonably happy in their mild discontent.

Teachers, en masse, ought to stick one in the eye of that prickly old prune, Pk-s and her ghastly, sycophantic hangers on. Hit them where it hurts - in the pocket. They are like the Scribes and the Pharisees, though they claim to be otherwise.
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laoshihao



Joined: 05 Feb 2007
Location: I'll take the ROK, Alex, because that's where my stuff is.

PostPosted: Mon May 26, 2008 7:07 am    Post subject: I'm glad I read this thread Reply with quote

I recently interviewed with both Pagoda and Direct English. I know I am not good at individual tutoring so I was leaning towards Pagoda. Recently, what seemed like a sure-fired you'll start in August has changed to a maybe we'll have something in October. Also, I keep getting pushed toward Direct even though it doesn't fit my teaching style. I was beginning to wonder if there was some shadiness involved here. I have turned down other jobs because this one sounded pretty good. Now I'm glad I read this thread. There is no way I could work somewhere that treats people like this. I thought I could work splits for a while, but if there are other stresses as well, no thank you! I was looking to get away from teaching children, but I am good at it, and teaching adults is not worth the hassles it sounds like these organizations put you through.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Mon May 26, 2008 8:37 am    Post subject: Re: Pagoda and Holidays Reply with quote

rrlawyer wrote:
Young FRANKenstein wrote:

The current (newly changed) law is 15 days of holiday per year (not 1 day per month). I would be surprised to hear Pagoda adheres to the revised law. They break labor laws willy nilly because teachers don't call them on it or file with labor to make them pay up. Pagoda teachers need to grow some balls.


I agree. The problem for many of us at the time was that we say a teacher complain and end up with a shift that sucked the life out of him. It was painful to see. He quit and they would not "release" him from the contract unless he paid them through the nose! He wanted to stay in Korea and had to buy his release and it wiped him out.

There is nothing in the contract to stop them from intentionally creating punitive schedules. They can bust your balls and won't hesitate to if you complain.

I agree that the Prez and her cronies are scum and have the integrity of a tree stump, which is why you grin and bear their salary/vacation shananigans and then hit them as you leave. If every teacher did this, they would be perpetually in court fighting SOMEONE.

Unless and until they start following the laws of the land, Pagoda seriously needs to go the way of NOVA.
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