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michaelambling
Joined: 31 Dec 2008
Location: Paradise
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 Posted: Sun Mar 01, 2009 9:10 pm Post subject: Illegal mandatory overtime |
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My university is trying to force me to do overtime, and I am fighting it.
Can anyone refer me to the Korean labour code that forbids mandatory overtime work? |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Sun Mar 01, 2009 10:30 pm Post subject: |
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| What does your contract state? |
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ChinaBoy
Joined: 17 Feb 2007
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| Posted: Sun Mar 01, 2009 10:32 pm Post subject: |
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| don't you want to work there next year? |
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Ramen
Joined: 15 Apr 2008
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| Posted: Sun Mar 01, 2009 10:35 pm Post subject: |
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Insist on outrageous overtime rate (150,000 won/hour) and stay on it. They'll give up.  |
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michaelambling
Joined: 31 Dec 2008
Location: Paradise
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| Posted: Sun Mar 01, 2009 10:42 pm Post subject: |
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| TheUrbanMyth wrote: |
| What does your contract state? |
I'll quote the relevant clauses:
| Quote: |
4-1. B shall teach English subjects such as conversation, writing, and/or Lab courses.
During the regular semesters, a total of 18 teaching hours per week will be scheduled.
4-2. During the summer and winter breaks (which are two months each), B shall teach one month of 12 teaching hours per week during each break period. Any hours above these will be paid accordingly to Article 6. Changes may occur upon the basis of an agreement between A and B.
5-4. To observe Article 5-1 to 5-3, B should stay on campus and be reachable from 9 a.m. to 6 p.m.
6-3. If B teaches any additional hours (above those stated in articles 4-1 and 4-2), A will pay B 20,000 won per hour during the regular school term and the vacation periods.
10-5. B is responsible for cooperating with A when A asks B to do so. B may be required to teach classes, such as children's English classes, which A may open for the community as a service. Any remuneration would be paid accordingly. |
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PRagic
Joined: 24 Feb 2006
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| Posted: Sun Mar 01, 2009 11:18 pm Post subject: |
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| Looks to me like they got you. And cheap, too. That's one of the worst university contracts I've ever seen! |
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michaelambling
Joined: 31 Dec 2008
Location: Paradise
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| Posted: Mon Mar 02, 2009 12:02 am Post subject: |
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| PRagic wrote: |
| Looks to me like they got you. And cheap, too. That's one of the worst university contracts I've ever seen! |
How do you know, since I didn't quote my wage? |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Mon Mar 02, 2009 1:10 am Post subject: |
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| michaelambling wrote: |
| PRagic wrote: |
| Looks to me like they got you. And cheap, too. That's one of the worst university contracts I've ever seen! |
How do you know, since I didn't quote my wage? |
Because one of the clauses you did quote states that your salary (for additional hours) is 20,000 won per hour.
You wouldn't work additional hours for LESS than your REGULAR wage now, would you? 
And the only thing I could find in the Korean labor laws forbidding mandatory overtime work was related to working more than 40-44 hours a week. |
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michaelambling
Joined: 31 Dec 2008
Location: Paradise
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| Posted: Mon Mar 02, 2009 1:17 am Post subject: |
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| TheUrbanMyth wrote: |
| michaelambling wrote: |
| PRagic wrote: |
| Looks to me like they got you. And cheap, too. That's one of the worst university contracts I've ever seen! |
How do you know, since I didn't quote my wage? |
Because one of the clauses you did quote states that your salary (for additional hours) is 20,000 won per hour.
You wouldn't work additional hours for LESS than your REGULAR wage now, would you?
And the only thing I could find in the Korean labor laws forbidding mandatory overtime work was related to working more than 40-44 hours a week. |
Uh, no, which is why I refuse to work overtime.
My monthly salary is A LOT MORE than 20k per hour. The 20k/hr. is in addition to my base salary for any hours over 18. Hence, it's overtime. |
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Insidejohnmalkovich
Joined: 11 Jan 2008
Location: Pusan
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| Posted: Mon Mar 02, 2009 1:35 am Post subject: |
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You were hired to do a job. Just do it. Sometimes it takes more time to get it done.
Back home only unions get to refuse work. And soon the place shuts down and the jobs go to the non-unionized place.
Education has become a special purview of unions, but that is not the case with English language schools at Korean universities. |
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hugekebab
Joined: 05 Jan 2008
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| Posted: Mon Mar 02, 2009 1:44 am Post subject: |
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OP i have exactly the same problem (even the same hours in my contract)
tell them to go stuff themselves they cant make you do shit.
if they want you to work 25 hours a week they should have stipulated it in the contract, but they dont do this because they know no one will sign up for them. other unis are doing 12 hours per week. |
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michaelambling
Joined: 31 Dec 2008
Location: Paradise
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| Posted: Mon Mar 02, 2009 1:58 am Post subject: |
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| Insidejohnmalkovich wrote: |
You were hired to do a job. Just do it. Sometimes it takes more time to get it done.
Back home only unions get to refuse work. And soon the place shuts down and the jobs go to the non-unionized place.
Education has become a special purview of unions, but that is not the case with English language schools at Korean universities. |
lol
So you're hired to work 40 hours a week. Your boss tells you to work 60 hours a week. You do it, because you "were hired to do a job"?
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michaelambling
Joined: 31 Dec 2008
Location: Paradise
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| Posted: Mon Mar 02, 2009 1:59 am Post subject: |
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| hugekebab wrote: |
OP i have exactly the same problem (even the same hours in my contract)
tell them to go stuff themselves they cant make you do shit.
if they want you to work 25 hours a week they should have stipulated it in the contract, but they dont do this because they know no one will sign up for them. other unis are doing 12 hours per week. |
Glad to know I'm not alone in this, but sorry to hear you're going through the aggravation, too.
I told them exactly what you suggest, so they're redesigning the schedule. This means I still don't know what classes I'm teaching so I can't prepare for them. It's a shame that the students suffer for professors' incompetence, but such is life. |
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valkerie
Joined: 02 Mar 2007
Location: Busan
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| Posted: Mon Mar 02, 2009 3:15 am Post subject: |
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| Your OT should be 1.5 times regular hourly wage (when u do the maths for that) so if 20.000 is less than one regular hour there's your solution. (But as your contract says you have to be there 9-6 there is a chance they will claim all those hours as work time so the hourly amount may work out small.) |
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hugekebab
Joined: 05 Jan 2008
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| Posted: Mon Mar 02, 2009 3:51 am Post subject: |
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| michaelambling wrote: |
| hugekebab wrote: |
OP i have exactly the same problem (even the same hours in my contract)
tell them to go stuff themselves they cant make you do shit.
if they want you to work 25 hours a week they should have stipulated it in the contract, but they dont do this because they know no one will sign up for them. other unis are doing 12 hours per week. |
Glad to know I'm not alone in this, but sorry to hear you're going through the aggravation, too.
I told them exactly what you suggest, so they're redesigning the schedule. This means I still don't know what classes I'm teaching so I can't prepare for them. It's a shame that the students suffer for professors' incompetence, but such is life. |
You're not man, I'm a day or more of this shit away from resigning (not to be confused with re-signing.)
Don't fall for the classic Korean bait and switch employment tactic and the 'contracts aren't as important in Korea' bollocks (these are educated people pulling this shit, usually people who have lived and worked in the West.) They pull this crap all the time, get you over from half way around the world, make you leave your life behind, then tell you everything they told you on the phone, and signed to the effect of on paper was a lie. It's just lying, there's no bloody excuse for it. Usually the overtime is centred around them wanting to sqeeuze every last cent out of you (as it is at my uni, wanting us to do evening and morning classes, that they make about 100000 won profit on per month), rather than a problem with not enough teachers for the standard semester schedule/genuine staff shortage (in which case I would and have done extra hours to help with this problem.) |
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