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roadwork
Joined: 24 Nov 2008 Location: Goin' up the country
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Posted: Wed Feb 11, 2009 11:28 pm Post subject: Regular hours vs.overtime |
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Something has come up with another poster on this board as well as my coteacher. My (PS school)contract states that I work 22 hours a week and anything after that is overtime pay. For two years, whether or not I worked those 22 hours (i.e. sports day, school anniversary, school midterms/finals) it still counted as 22 hours.
Now, they are wanting to subtract the aforementioned cancellations from the 22 hours in lieu of my overtime classes counting as part of those 22 hours.
Did I just get lucky for my first two years here because of oversight, or is this some new tricky scam the school is pulling to get out of overtime?
According to a friend, this has been posted on here before and that it somehow violates a labor law. As I mentioned in another thread, I plan to call the MOL (Ministry of Labor) tomorrow and ask about it. |
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fromtheuk
Joined: 31 Mar 2007
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Posted: Wed Feb 11, 2009 11:36 pm Post subject: |
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From my understanding, based on what my co-teacher said, if I work less than 22 hrs a week due to cancellations, if the overtime worked coupled with regular class hrs totals 22 hrs or less, I won't get paid overtime for those after school classes.
If they are cheating me, and you have legal proof, I'd be interested to hear what answer you get. But I believe they can justify their claim with the above explanation. |
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ChinaBoy
Joined: 17 Feb 2007
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Posted: Wed Feb 11, 2009 11:58 pm Post subject: |
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they're not giving you overtime because of something that happened 2 years ago? Seems like they could do this going forward, but to apply it retroactively is evil.
Leave now or you'll be working overtime for nothing for the next 2 years. |
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afsjesse

Joined: 23 Sep 2007 Location: Kickin' it in 'Kato town.
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Posted: Thu Feb 12, 2009 12:21 am Post subject: |
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I say BS to it all. Anything outside of your normal day is considered overtime, whether or not your work them. That's my interpretation and if they say anything otherwise I'd politelyl say I can nolonger teach after school.
It's BS and another cheap trick. If they cancel your classes that's not your fault. |
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roadwork
Joined: 24 Nov 2008 Location: Goin' up the country
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Posted: Thu Feb 12, 2009 3:24 am Post subject: |
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afsjesse wrote: |
I say BS to it all. Anything outside of your normal day is considered overtime, whether or not your work them. That's my interpretation and if they say anything otherwise I'd politelyl say I can nolonger teach after school.
It's BS and another cheap trick. If they cancel your classes that's not your fault. |
See that's the thing. I can't help it if they cancel classes for sports day. But I'm not meeting my 22 hours for the week. Yet, I'm expected to show up and participate. So, I work for free that day? And, if I have afternoon classes the following day, those are taught for free as well?
And to the other poster who said something about 2 years ago, you read that wrong. I meant that for the last two years, if the classes were cancelled, then it still counted as a work day regardless of the fact that I didn't teach. And whatever afternoon classes I taught, I still got the overtime.
However, I can see that there is a gray area there that can be open to interpretation both ways. I'll post on here tomorrow after I call the labor board. |
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Otherside
Joined: 06 Sep 2007
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Posted: Thu Feb 12, 2009 4:04 am Post subject: |
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OP,
The contract states that you have to teach 22 "hours" a week, and anything above that is overtime. However, it also states that your working hours are 9-5 (or whatever, the exact time is for you, mine its 8:40-4:40).
The thing is, they can schedule those 22 classes HOWEVER they want during those working hours. As an extreme example, they could schedule your 22 classes on mon-wed, leaving you nothing to do on thurs and fri, however you'd still have to come in for those days. Yet, if classes are cancelled on Monday, and they expect you to teach the 8 or so classes from Monday on Thursday and Friday, you aren't due any overtime.
If a sports day happens and it causes your classes to be cancelled...well thats tough, you still have to be there for 40 hours a week and teach 22 classes. As long as you are teaching 22 hours a week or less, and aren't there for longer than your normal working hours you are NOT due overtime.
Those after school classes aren't being taught for free, you are just teaching less hours that week so you aren't due overtime. Imagine the flip side of the coin: you are contracted to teach 22 hours, classes are cancelled on monday and you only teach 16 hours that week...they decide to dock your pay 6 hours because you didn't make up the hours.
Finally, and sorry for repeating this redundant point, but this kind of thread pops up all the time here. YOU are contracted to teach 22 hours a week, AS LONG AS YOU ARE WITHIN YOUR NORMAL WORKING HOURS, YOU ARE ONLY DUE OVERTIME IF YOU TEACH OVER 22 HOURS THAT WEEK.
PS. OP, you got very lucky the last 2 years  |
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afsjesse

Joined: 23 Sep 2007 Location: Kickin' it in 'Kato town.
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Posted: Thu Feb 12, 2009 2:51 pm Post subject: |
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That's true OP. They CAN schedule you to work whenever they want you too during your normal hours. For me that 8:20-4:30 Monday - Friday.
Anything BEFORE or AFTER those hours is YOUR FREE TIME and thus you are entitled due compensation. EPIK is 20,000 per hour I believe.
There is also a clause in the contract that says you are required to go to school events etc..... those are so few and far in between they hardly matter, ex: sports day, graduation, school trip etc.... for my school they don't even make me come and most of the time they don't even tell me! I got a free day yesterday for graduation hahaha.
So don't worry about it. Overtime is easy to figure out. If you don't go home after school and are in a class, its extra bling $$$$$
Suerte,
J. |
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roadwork
Joined: 24 Nov 2008 Location: Goin' up the country
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Posted: Thu Feb 12, 2009 3:42 pm Post subject: |
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Okay, so it seems that due to a clerical error, I was fortunate enough to bring in the bank for the first two years. Either way, I shouldn't sweat it. It's not like cancelled classes are a weekly occurence and things like the school anniversary and sports day are once a year. Just getting pi$$y that my gravy train started to slow down a little bit. All is well. Considering how little work I do, I'm still in a slacker's paradise. |
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