Korean Job Discussion Forums

Monkey82 · Joined: 18 Mar 2008

I'm basically a slave to my hagwon, as most people are, but our situation is getting really bad. They're having a hard time finding native teachers, and we've been short for 6 weeks now, and losing another in two weeks. No sign of any relief.

Basically we're being told to do the overtime "or else". I haven't tried to figure out what the "or else" is yet... I have three months left on my contract, and I want to be able to stay in Korea (or come back). But my contract says 140 classes per month, and I did 190 this month. I'm burning out. And it's only going to get worse when that other teacher leaves. I don't know how to put my foot down and not get screwed. I, and the other teachers, feel trapped and hopeless.

Does anyone know if there's any max number according to labor laws that I can teach? I'm not really expecting there to be... What are my options for leaving? I'm not confident I can get a letter of release. I can't get a new job right away without one, can I?

jadarite · Posted: Thu Jul 03, 2008 7:18 am Post subject:

Well, 3 months would be an easy one to swallow. Leave the country, hand in your ARC, re-enter on a tourist visa. Are tourist visas good for 90 days? If not, maybe 60, so just stay one more month.

By the sound of it, you don't need the money. Take some time off, enjoy a transition to a better school.

If you are looking for another school, PM me and I will tell you the details.

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

http://english.molab.go.kr/data/LaborStandardsAct.pdf

read it.

The law is on your side but unless you are willing to just say "NO" there is nothing they will do for you.

poet13 · Posted: Thu Jul 03, 2008 5:00 pm Post subject:

190 classes is a lot! If they are paying you for them, I would just do it. Its only three months and the extra dosh is going to be sweet. On the other hand, being TOLD to do the classes doesn't work very well for people who come from countries where slavery has been outlawed. In which case, say no. That simple. Say no. On one hand they're saying they can't find people to replace you, but on the other hand, they're threatening you, their meal ticket. How dumb is that? Call their bluff, and even if it's not, call it anyways.

Monkey82 · Joined: 18 Mar 2008

It was only supposed to be for a couple weeks, a month "at the most". 6 weeks in, no end in sight. Maybe I'm greedy, but I feel like the extra money isn't worth it. They pay us very little for extra classes. I guess what bothers me the most is that we're not getting paid anymore than we do when we cover classes for someone who's sick, when it's just the class. Now it's extra prep time, reports, marking, etc. I'm getting burnt out working 55 hour weeks, and then taking more work home. The money is nice, but not worth ruining my health. I guess I'll say no if they try to give me anymore, and try to make it the three more weeks to summer vacation.

I'm going to try to say no, but I'm a pushover.

Thanks for the advice.

Whistleblower · Joined: 03 Feb 2007

Remember severance is the equivalent of the last three months average salary, so if you are doing a load of overtime ... stick with it 'cos your severance would be more than your usual month's salary.

I hope you are getting paid overtime but remember that overtime is voluntary and if it is in your contract that you work so many classes per month, just point to it one evening and walk out the door.

They cannot force you to work extra and they cannot fire you 'cos that would be illegal. They need you more than you need them and remember, save your cash for emergencies and hammer your point to them. "Overtime is optional, so no overtime for me ... bye bye" Then walk home. They cannot force you in the classroom, that is kidnapping and enslavement.

Good luck and keep us all updated.

Monkey82 · Joined: 18 Mar 2008

I'm going to do what I can to stick it out. Especially after hearing that severance is an average of the salary for my last three months... how do you know this??

I'm not sure if it matters, but my contract says nothing about overtime being optional. It just says if you exceed your contracted hours you'll be paid $15 per class over.

Young FRANKenstein · Posted: Fri Jul 04, 2008 2:00 am Post subject:

Monkey82 · Joined: 18 Mar 2008

Sorry, I guess I was unclear. I DO get paid $15 for each of those classes of OT, but I wish it was more because of all the extra stuff I have to do for those classes (since it's different than just covering one for someone being ill).

Young FRANKenstein · Posted: Fri Jul 04, 2008 5:27 am Post subject:

angel of bob · Joined: 11 Dec 2007 Location: Seoul

My partner and I were in a difficult situation with a TERRIBLE HAGWON about a year ago, so perhaps this advice will help you.

Have you called the Ministry of Labor hotline? They're incredibly helpful, and it's not like once you call them they take all of your information and tell your hagwon anything. The hotline officers act as advisors.

If possible, you should talk with your employer about the current situation and consult your contract. If you're contracted, for example, to work 30 hours a week and suddenly they've decided to make you work 50, then it's your employer who's broken the contract, not you. So technically, you're not responsible for the breach of contract. But you do have to say that you don't want to, or tell them it's not in the contract at least. Overtime is optional though.

However, even if your employer is breaking the law, and you file a complaint, that doesn't mean your problems will be solved because labor investigations take a while, employers can drag their feet and post-pone the processes if they want. Unfortunately, it's not like a hammer of justice will fly down from the sky and put the smack on your bosses instantly.

The getting out of the job is a bit trickier.

You cannot change jobs in Korea without a letter of release, and at least in our case, our former employer had to meet us to the immigration office to terminate our visa. So if you want to quit your job and stay in Korea, you'll have to be very tactful and diplomatic. Also sneaky. Maybe.

If you jump ship and flee the country and your job, you'll have to wait till your E-2 terminates, probably. It's the employer's duty to terminate your visa within 2 weeks after you leave employ, however it's not enforced and if your employer is smart and wants to screw you over, they won't inform immigration. Then you'll have to wait 3 months at home...

What you should really look at, very carefully is if your hagwon seems to be in financial trouble. It seems like they might be. If that's the case, they might operate understaffed, delay pay, 11th month blah blah and try to rip off your severance pay.

Anyway the Ministry of Labor's number is 031-345-5000 and their site is http://english.molab.go.kr/english/main.jsp

Young FRANKenstein · Posted: Fri Jul 04, 2008 8:26 pm Post subject:

buymybook · Joined: 21 Feb 2005 Location: Telluride

The OP does not have to go home and wait, simply file a complaint at the Labor Ministry, make a copy and take it to Immigration. Any Native English Teacher can be placed on a G-1 Visa as long as you find a Korean person to complete/fill-in an Immigration document.

That person(Korean) is like their sponsor(but not really) until the matter in over. Just don't tell any possible employer your troubles while seeking another job. Find a Korean person to help you, just don't tell them how much you will need! They might help you for awhile but find a backup. If needed you can call the 1350 number to interpret for you while at the Labor Ministy, you will have to go there at least twice for hearings/go give your statements. Start keeping track of your hours worked and other evidence.