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df1983
Joined: 15 Aug 2009 Location: Pyongtaek, Korea
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Posted: Sun Oct 11, 2009 4:37 am Post subject: Split shifts demanded AFTER contract was signed |
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I recently accepted a position with a company and for the first two weeks everything was OK. This past week I was informed that in addition to my 9:00AM-7:30PM day... with a two hour lunch break.... that I will be required to wake up even earlier on Monday, Wednesday, and Friday and take a bus to a nearby city to teach ONE class at the City Hall and then take a bus back to my school to work 9:00AM-7:30PM. This means that I would have to wake up at 5:45 three days a week to work an already long day and have to commute. There was nothing about split shifts in my contract when I signed. The head boss of my company (who works at headquarters in Seoul... I'm not in Seoul) came in the school last week to drop this bomb on us (all the foreign teachers... the Korean teachers aren't required for this). He told the supervisor to TELL us this was mandatory and told her to not ASK us if we wanted to do this (she is actually really cool and told us about this). Are there labor laws in Korea that protect you from working this many hours in a day? I am a newbie, what would you guys do? I did NOT sign sign up for this. I made it pretty clear from the get go that I would not be doing this.... no one in the office really knew what to say to me. |
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cruisemonkey

Joined: 04 Jul 2005 Location: Hopefully, the same place as my luggage.
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Posted: Sun Oct 11, 2009 4:55 am Post subject: |
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Assuming you're here on an E-2, you're in luck - it's illegal to work in a place other than that listed on your ARC.
Just say - "Sorry no... can't do it because it's illegal."  |
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littlelisa
Joined: 12 Jun 2007 Location: Seoul
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Posted: Sun Oct 11, 2009 5:03 am Post subject: |
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Plus your contract should have something to say about working hours, no? But it's moot if you're on E2s anyway. |
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big_fella1
Joined: 08 Dec 2005
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Posted: Sun Oct 11, 2009 5:09 am Post subject: |
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If your an E2 visa holder you need immigrations permission to work in any other buliding, so without that permission it is illegal to do the work.
It is also my understanding that unless you are teaching at a government office in the morning, permission will not be granted. Sorry I can't source this as the English version of immigrations website is down at the moment.
This is the best way to avoid the extra work.
As far as working hours unless you are required to teach/prepare for more than 8 hours a day, you don't have a case there. Article 56 of the English version of the Korean Labor Standards Act (unfortunately the article numbers in the Korean version don't match the English ) doesn't count rest hours. Further if the working hours are between 6am and 10pm they don't automatically count as overtime hours. You can find an English version of the Labor Standards Act at http://www.molab.go.kr/english/main.jsp |
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df1983
Joined: 15 Aug 2009 Location: Pyongtaek, Korea
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Posted: Sun Oct 11, 2009 6:11 am Post subject: E2 |
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Thanks for the info... I am here on an E2 Visa. |
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Demophobe

Joined: 17 May 2004
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Posted: Sun Oct 11, 2009 4:09 pm Post subject: |
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cruisemonkey wrote: |
Assuming you're here on an E-2, you're in luck - it's illegal to work in a place other than that listed on your ARC.
Just say - "Sorry no... can't do it because it's illegal."  |
Whereupon they will whisk the OP down to the local office, pay the 60,000 to get an additional workplace stamped in and the OP will still have to do the job, with the additional stigma of looking like a whiner.
Or, they will call the bluff, and force the OP to take action and call immigration; effectively forcing the OP to pull the plug on his/her own bathwater. The OP will end up fired or in for a rough ride for the duration of the contract.
Lovely. |
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cruisemonkey

Joined: 04 Jul 2005 Location: Hopefully, the same place as my luggage.
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Posted: Sun Oct 11, 2009 4:41 pm Post subject: |
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Demophobe wrote: |
cruisemonkey wrote: |
Assuming you're here on an E-2, you're in luck - it's illegal to work in a place other than that listed on your ARC.
Just say - "Sorry no... can't do it because it's illegal."  |
Whereupon they will whisk the OP down to the local office, pay the 60,000 to get an additional workplace stamped in and the OP will still have to do the job, with the additional stigma of looking like a whiner.
Or, they will call the bluff, and force the OP to take action and call immigration; effectively forcing the OP to pull the plug on his/her own bathwater. The OP will end up fired or in for a rough ride for the duration of the contract.
Lovely. |
Yup... probably! |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Sun Oct 11, 2009 4:46 pm Post subject: |
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Demophobe wrote: |
cruisemonkey wrote: |
Assuming you're here on an E-2, you're in luck - it's illegal to work in a place other than that listed on your ARC.
Just say - "Sorry no... can't do it because it's illegal."  |
Whereupon they will whisk the OP down to the local office, pay the 60,000 to get an additional workplace stamped in and the OP will still have to do the job, with the additional stigma of looking like a whiner.
Which is still better then working illegally, being caught and deported/fined.
Or, they will call the bluff, and force the OP to take action and call immigration; effectively forcing the OP to pull the plug on his/her own bathwater. The OP will end up fired or in for a rough ride for the duration of the contract.
Only it's not a bluff. OP calls immigration and immigration tells the company to smarten up. If he gets fired, he can get his visa cancelled and work elsewhere. Since Immigration will have a record of the company trying to get the OP to work illegally...he shouldn't have a problem. As for having a rough ride...sounds like he's already having one.
Lovely. |
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blonde researcher
Joined: 16 Oct 2006 Location: Globalizing in Korea for the time being
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Posted: Sun Oct 11, 2009 8:30 pm Post subject: |
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Any second location to be teaching at also has to be a registered education premise signed off by the education ministry.
I doubt that City Hall is that, however a number of City Halls do seem to organize the teachers in public schools.
I know the Gimhae City Hall hires and organizes all the public school teachers there.
What sort of a contract are you on to start with? |
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