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lille
Joined: 27 Jan 2009
Location: Seoul
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 Posted: Mon May 17, 2010 9:40 pm Post subject: Work a weekend for less than min. wage or get the axe! |
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At a recent meeting, it was announced that a summer camp sleepover thing would be held on the weekend before our five paid days off. I'm not sure how many hours of actual work go into it, but we're basically going to be surrounded by our students for two days, one night, solid. Playing games, feeding and bathing the kids.. We'll take care of just about everything. It's raising hackles that our boss wants us to lose one of the two weekends bookending our vacation time, thus making it difficult to go out of the country, but the real insult is the pay she's offering.
For this, our employer has put into the contract that we will be paid 100 000 won. In past years, this was in addition to a day's wages but now that it's on a weekend, a hundo works out to less than the korean minimum wage, hourly. Obviously, we're not pleased. The head teacher approached our boss, saying that we decided collectively that this was unfair and that we would respectfully opt out of this work.
Our boss replied that if we didn't work the weekend, she'd can us.
Advice, anybody? |
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cubanlord
Joined: 08 Jul 2005
Location: In Japan!
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| Posted: Mon May 17, 2010 9:44 pm Post subject: |
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If you collectively decided that you wouldn't work and told your boss as such, then you should stick to your guns. If you make an empty threat and your boss calls you on it, then you will NEVER have any negotiating power.
Before you guys said no, you should have spoken to her first. Also, you guys should have thought about the repercusions of saying no. |
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nukeday
Joined: 13 May 2010
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| Posted: Mon May 17, 2010 9:50 pm Post subject: |
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| Come on. your boss can't fire you all. Hell, probably can't even fire more than one of you. That will put more cogs in the works than canceling a horrible idea. |
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lille
Joined: 27 Jan 2009
Location: Seoul
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| Posted: Mon May 17, 2010 10:04 pm Post subject: |
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He's looking to fire at least one person - a teacher that's awesome, but doesn't suck up in the proper way and is close to the end of his contract..
There's a good chance he'll agree to work unless we find out exactly how legal it is to make this kind of demand. Surely there's a law against having employees work seven days running? For less than minimum? Even if it's ambiguously thrown into the contract?
Sheesh, I sure feel stupid for signing. |
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carleverson
Joined: 04 Dec 2009
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| Posted: Mon May 17, 2010 10:12 pm Post subject: |
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Don't do it.
I bet he doesn't fire you. It'll cost much more to fire you and hire a new teacher. |
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ED209
Joined: 17 Oct 2006
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| Posted: Mon May 17, 2010 10:22 pm Post subject: |
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| lille wrote: |
He's looking to fire at least one person - a teacher that's awesome, but doesn't suck up in the proper way and is close to the end of his contract..
There's a good chance he'll agree to work unless we find out exactly how legal it is to make this kind of demand. Surely there's a law against having employees work seven days running? For less than minimum? Even if it's ambiguously thrown into the contract?
Sheesh, I sure feel stupid for signing. |
What would be illegal is if this 'camp' is at another location than that on your visa(your hagwon address). Your boss can't just load up teachers and take them on a tour.
If this awesome teacher gets canned, who do you think is next? |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Mon May 17, 2010 10:35 pm Post subject: Re: Work a weekend for less than min. wage or get the axe! |
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| lille wrote: |
At a recent meeting, it was announced that a summer camp sleepover thing would be held on the weekend before our five paid days off. I'm not sure how many hours of actual work go into it, but we're basically going to be surrounded by our students for two days, one night, solid. Playing games, feeding and bathing the kids.. We'll take care of just about everything. It's raising hackles that our boss wants us to lose one of the two weekends bookending our vacation time, thus making it difficult to go out of the country, but the real insult is the pay she's offering.
For this, our employer has put into the contract that we will be paid 100 000 won. In past years, this was in addition to a day's wages but now that it's on a weekend, a hundo works out to less than the korean minimum wage, hourly. Obviously, we're not pleased. The head teacher approached our boss, saying that we decided collectively that this was unfair and that we would respectfully opt out of this work.
Our boss replied that if we didn't work the weekend, she'd can us.
Advice, anybody? |
What does your contract say about working this sleepover? If you agreed to it you may not have a case regardless of pay/
In regards to "getting the axe" if you have worked there LONGER than six months you are protected under the KLSA which trumps the contract. Your boss MUST give you 30 days notice OR pay in lieu.
If however you have not worked there longer than six months you don't have much of a leg to stand on. |
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Moldy Rutabaga
Joined: 01 Jul 2003
Location: Ansan, Korea
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| Posted: Tue May 18, 2010 2:10 am Post subject: |
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I would find a way for him to save face by agreeing to do it on a different weekend, rather than on your holiday time. If he still disagrees, I think it's unlikely he'll fire all the teachers. It's not simple to hire and train an entirely new staff.
Easy for us to say when we're not at risk. But if the boss can get away with this he will certainly do it again, and it's just pure, unadulterated spite to deliberately arrange it during your holidays. |
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ChilgokBlackHole
Joined: 21 Nov 2009
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| Posted: Tue May 18, 2010 2:24 am Post subject: |
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| ED209 wrote: |
| What would be illegal is if this 'camp' is at another location than that on your visa(your hagwon address). Your boss can't just load up teachers and take them on a tour. |
If you're on an E2, ED209 is right. You can't do it. If it's offsite, it's illegal. |
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lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
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| Posted: Tue May 18, 2010 2:40 am Post subject: |
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| ChilgokBlackHole wrote: |
| ED209 wrote: |
| What would be illegal is if this 'camp' is at another location than that on your visa(your hagwon address). Your boss can't just load up teachers and take them on a tour. |
If you're on an E2, ED209 is right. You can't do it. If it's offsite, it's illegal. |
No, it's not illegal. That's why the hagwon scheduled it at this time. If they scheduled it off vacation time, then it would be considered "work". The hagwon boss is being sly and trying to skirt the laws to get cheap babysitters.
Personally, I would collectively do it but express everyday how much you think it's unfair, and then plan your exit COLLECTIVELY. On one day, everyone leave when the hagwon is NOT on vacation, get out of the country. Get your documents, find a new school. |
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ChilgokBlackHole
Joined: 21 Nov 2009
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| Posted: Tue May 18, 2010 2:54 am Post subject: |
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| lifeinkorea wrote: |
| ChilgokBlackHole wrote: |
| ED209 wrote: |
| What would be illegal is if this 'camp' is at another location than that on your visa(your hagwon address). Your boss can't just load up teachers and take them on a tour. |
If you're on an E2, ED209 is right. You can't do it. If it's offsite, it's illegal. |
No, it's not illegal. |
How is it not illegal to teach at an address other than the one Immigration has on file for you? |
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lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
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| Posted: Tue May 18, 2010 5:37 am Post subject: |
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| ChilgokBlackHole wrote: |
| lifeinkorea wrote: |
| ChilgokBlackHole wrote: |
| ED209 wrote: |
| What would be illegal is if this 'camp' is at another location than that on your visa(your hagwon address). Your boss can't just load up teachers and take them on a tour. |
If you're on an E2, ED209 is right. You can't do it. If it's offsite, it's illegal. |
No, it's not illegal. |
How is it not illegal to teach at an address other than the one Immigration has on file for you? |
How is it "teaching"?
| Quote: |
| it was announced that a summer camp sleepover thing |
Says NOTHING about teaching 
The hagwon is trying to get CHEAP babysitters. |
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frankhenry
Joined: 13 Mar 2007
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| Posted: Tue May 18, 2010 5:42 am Post subject: |
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| lifeinkorea wrote: |
| ChilgokBlackHole wrote: |
| lifeinkorea wrote: |
| ChilgokBlackHole wrote: |
| ED209 wrote: |
| What would be illegal is if this 'camp' is at another location than that on your visa(your hagwon address). Your boss can't just load up teachers and take them on a tour. |
If you're on an E2, ED209 is right. You can't do it. If it's offsite, it's illegal. |
No, it's not illegal. |
How is it not illegal to teach at an address other than the one Immigration has on file for you? |
How is it "teaching"?
| Quote: |
| it was announced that a summer camp sleepover thing |
Says NOTHING about teaching
The hagwon is trying to get CHEAP babysitters. |
It doesn't have to be teaching to be working illegally. |
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ChilgokBlackHole
Joined: 21 Nov 2009
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| Posted: Tue May 18, 2010 5:50 am Post subject: |
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| lifeinkorea wrote: |
| ChilgokBlackHole wrote: |
| How is it not illegal to teach at an address other than the one Immigration has on file for you? |
How is it "teaching"? |
How is it not illegal to WORK at an address other than the one Immigration has on file for you? |
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lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
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| Posted: Tue May 18, 2010 1:34 pm Post subject: |
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| Quote: |
| It doesn't have to be teaching to be working illegally. |
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| How is it not illegal to WORK at an address other than the one Immigration has on file for you? |
WHERE does it say the teachers would be "working"? Do you work on your time off? I surely don't, and immigration will not believe you were working at a "sleepover". Come on now, use common sense.
The hagwon is trying to get CHEAP babysitters. |
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