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Contract clause help....

 
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MattC23



Joined: 13 Apr 2008

PostPosted: Tue Sep 09, 2008 3:23 am    Post subject: Contract clause help.... Reply with quote

How do you interpret this clause?

Article 3. SALARY AND WORKING HOURS

b. The Employee will teach 48 weeks out of his/her one year contract period. This excludes public holidays/summer-winter vacation which are determined by the Korean government and school.



I teach at a hagwon and received a 5 working day vacation in the summer and will receive 5 working days of at Christmas time.

To me the clause seems to read as having 20 working days (weekdays /non �red� days)

Any help would be appreciated.
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joshuahirtle27



Joined: 23 Mar 2008

PostPosted: Tue Sep 09, 2008 4:20 am    Post subject: Reply with quote

That's what I read too.
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spliff



Joined: 19 Jan 2004
Location: Khon Kaen, Thailand

PostPosted: Tue Sep 09, 2008 4:41 am    Post subject: Reply with quote

Screw that, I get about three months holiday.
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joshuahirtle27



Joined: 23 Mar 2008

PostPosted: Tue Sep 09, 2008 4:53 am    Post subject: Reply with quote

spliff wrote:
Screw that, I get about three months holiday.



As my Trinity class would say "Congratulations, congratulations, congratulations, congratulations." Some of us don't work at a Public school.
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Tue Sep 09, 2008 4:54 am    Post subject: Reply with quote

That's just a stupidly written clause. It should just read that you get so many working-day (Mon to Fri) vacation days and national holidays. Saturdays and Sundays off.
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cruisemonkey



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

PostPosted: Tue Sep 09, 2008 3:47 pm    Post subject: Reply with quote

I'd say they owe you another four weeks off.
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jellobean



Joined: 14 Mar 2006

PostPosted: Wed Sep 10, 2008 6:24 am    Post subject: Reply with quote

You teach 48 weeks.

52-48=4

That would be 4 weeks of not teaching (vacation).

I can't see how they can argue otherwise.

The rest doesn't make much sense grammatically.
What is it excluding the public holidays and vacation from?
From the 48 weeks? Given the length of vacations, there aren't enough weeks in the year for that meaning.
From the contract? You can't exactly exclude time from a contract, or at least not here.

I think what they meant was either,
1. the vacation is in addition to the holidays and summer
2. the vacation must be taken during the summer/winter holiday
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Join Me



Joined: 14 Jan 2008

PostPosted: Wed Sep 10, 2008 6:32 am    Post subject: Reply with quote

My guess would be careless math or typing error. In my contract it states if I quit I must give them "(30) sixty days" notice. To make a mistake like this is just incompetence and carelessness. Although I do appreciate the fact they now have no legal recourse should I quit and only give them 30 days notice. Laughing
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