Site Search:
 
Speak Korean Now!
Teach English Abroad and Get Paid to see the World!
Korean Job Discussion Forums Forum Index Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Has my Hagwon breached their own contract?

 
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> General Discussion Forum
View previous topic :: View next topic  
Author Message
rastanking



Joined: 07 Feb 2008

PostPosted: Thu Jun 19, 2008 3:54 pm    Post subject: Has my Hagwon breached their own contract? Reply with quote

Hello Everyone,

I wonder if there is anyone who has had any experience of Korean Hagwons breaching their contract.

My contract states that I am due to be paid on the 19th of every month in a lump sum, however my Hagwon has decided to not only change the day of payment but to also pay me on 3 different dates throughout the month with different amounts but totalling the amount stated on my contract.

Are they allowed to do this? Are they in breach of contract?

Speaking to other teachers they advise me to go to the Labour Board (Korea), however nobody I spoke to knows the number.

Has anybody had dealings with them? If so could someone please let me know the phone number

Thanks in advance
Andy
Back to top
View user's profile Send private message
DRAMA OVERKILL



Joined: 12 Apr 2005

PostPosted: Thu Jun 19, 2008 4:06 pm    Post subject: Reply with quote

Yeah, they are outta line here. They must honor the contract you mutually agreed upon. If you agree to this (the new pay scheme), then no prob., but... Can't help you with a labour board #, but if they (your employers) won't budge on their new pay plan idea, yeah, call the board! Good luck!
Back to top
View user's profile Send private message
IncognitoHFX



Joined: 06 May 2007
Location: Yeongtong, Suwon

PostPosted: Thu Jun 19, 2008 4:08 pm    Post subject: Re: Has my Hagwon breached their own contract? Reply with quote

rastanking wrote:
Hello Everyone,

I wonder if there is anyone who has had any experience of Korean Hagwons breaching their contract.

My contract states that I am due to be paid on the 19th of every month in a lump sum, however my Hagwon has decided to not only change the day of payment but to also pay me on 3 different dates throughout the month with different amounts but totalling the amount stated on my contract.

Are they allowed to do this? Are they in breach of contract?

Speaking to other teachers they advise me to go to the Labour Board (Korea), however nobody I spoke to knows the number.

Has anybody had dealings with them? If so could someone please let me know the phone number

Thanks in advance
Andy


It depends on how much it annoys you, really.

They are paying you, in full, each and every month. But the contract says you will be paid on the 19th in full and not on three separate occasions within the month.

So, they are breaching the contract in that respect and whether or not you want to get the labour board involved is up to you. In my opinion, making a fuss over this is rather silly because they are at least paying you and even though this is strange, it's not like they're with holding your pay like many hagwons do. Making a fuss could cause a lot more harm than good, especially in Korea. Have you tried talking to your employer about it, instead?

You can go to the labour board legitimately, but the question remains... why would you?
Back to top
View user's profile Send private message
Zaria32



Joined: 04 Dec 2007

PostPosted: Thu Jun 19, 2008 4:17 pm    Post subject: Reply with quote

The only real downside I see to being paid on three different dates is this...it creates a hold back period unless each paydate brings you current.

For example:

If you were supposed to be paid on the 19th for work from the 19th of the previous month through the 18th of this month, and they
change the pay date for that period (19th of month A to 18th of month B)
to 1/3 on 19th of month B, 1/3 on 29th of month B, and 1/3 on 10th of month C, it's a big holdback period.

If on the other hand, your pay date was the 19th of month B for the entirety of month A, you were already a 19 day holdback period. If
they then follow the schedule above, the holdback period almost approaches the never-never plan. In other words, you would be paid some of the money earned in month A as late as the 10th of month C.

Holdback periods make it impossible for you to leave the school, if there are a myriad of problems, without leaving a lot of your earned pay in their pocket.
Back to top
View user's profile Send private message
Join Me



Joined: 14 Jan 2008

PostPosted: Thu Jun 19, 2008 4:21 pm    Post subject: Reply with quote

Let's see...this way if the place goes under you are out one third of your pay or something close. The way your contract is written if the place goes under you stand to be out a full month's salary. I wish I could get my employer to pay me every other week to minimize my risks.
Back to top
View user's profile Send private message
Scotticus



Joined: 18 Mar 2007

PostPosted: Thu Jun 19, 2008 4:25 pm    Post subject: Re: Has my Hagwon breached their own contract? Reply with quote

rastanking wrote:

I wonder if there is anyone who has had any experience of Korean Hagwons breaching their contract.


Hahaha. Yeah, man, I wouldn't worry about that. I think you're going to find a LOT of people who have had similar experiences (myself included).
Back to top
View user's profile Send private message
blackjack



Joined: 04 Jan 2006
Location: anyang

PostPosted: Thu Jun 19, 2008 5:08 pm    Post subject: Reply with quote

if it is a big issue for you say so, if it doesn't really bother you leave it, there is no point fighting over small stuff
Back to top
View user's profile Send private message
Davew125



Joined: 11 Mar 2007

PostPosted: Thu Jun 19, 2008 6:28 pm    Post subject: Reply with quote

i could have answered this question just from reading the tittle thread. All hagwons will break all contracts all the time. The only varying thing is the scale to which they break them. This sounds like a minor issue. Unless it really bugs you i wouldnt make a fuss as you'll only end up casuing more problems for yourself.
Back to top
View user's profile Send private message
Unposter



Joined: 04 Jun 2006

PostPosted: Thu Jun 19, 2008 6:47 pm    Post subject: Reply with quote

First, tell your director that you do not want to be paid three times a month.

If your director still insists tell him that it goes against the contract and if he goes ahead with this policy, you will make a complaint with the labor board.

If he still does this, then go to the labor board.

Where do you live? There are different labor boards for every district. Try to google the information. It might just come up.

I have never used the search function on Daves but I hear it is pretty hit or miss.

Or just wait for Ttompatz. He knows everything.

Don't let your director make you feel guilty or that you are somehow damaging his business. You have the right to be paid in a timely manner. It is important. And, you should not be ashamed to stand up for a basic right.

Good luck!
Back to top
View user's profile Send private message
ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Jun 19, 2008 7:22 pm    Post subject: Reply with quote

Your employer is in breach.

Until the employer is 2 weeks (or more) late with your pay the labor board won't even look at it.

Contact for them (information only) is 1350 from any land line if you feel you must. If you want more, you will have to proceed to the nearest labor office and actually FILE a formal complaint.

You would be better off seeing how you can get out of your contract or just pull a runner cause it sounds like your employer is running into financial troubles (poor cash flow) and waiting till he gets paid before he can pay you.

If they are not paying into your NHIC medical (no booklet) or pension you may be able to use that to get a release from your employer and do a simple change rather than a visa run.

.
Back to top
View user's profile Send private message Send e-mail
I-am-me



Joined: 21 Feb 2006
Location: Hermit Kingdom

PostPosted: Thu Jun 19, 2008 7:32 pm    Post subject: Reply with quote

Go to the tax office to find out if you are registered.
Back to top
View user's profile Send private message Yahoo Messenger
Poemer



Joined: 20 Sep 2005
Location: Mullae

PostPosted: Thu Jun 19, 2008 8:16 pm    Post subject: Reply with quote

I didn't laugh out loud when I read the thread title, but I lost it on the inside.

Of course they have, and they will continue to do so.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> General Discussion Forum All times are GMT - 8 Hours
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

TEFL International Supports Dave's ESL Cafe
TEFL Courses, TESOL Course, English Teaching Jobs - TEFL International