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Hagwon meal break Question/Advice Wanted

 
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Sireno



Joined: 19 Mar 2010

PostPosted: Fri Oct 01, 2010 2:43 am    Post subject: Hagwon meal break Question/Advice Wanted Reply with quote

So it seems there is something a little iffy about this contract that I've signed. This is a new hagwon I'm working at. The contract I signed and sent to Korea had in it:
Quote:
During the vacation period: 8am ~ 5pm (including one hour break for meal)
or 9am ~ 6 pm (including one hour break for meal)
D
Quote:
uring the non-vacation period: 2pm ~10pm
(including one hour break for meal)


I signed and sent it to Korea however when I arrived the dates of when I would start working and finish were changed so I was instructed to sign another contract. I was told that they changed the dates and the contract is the same. I signed it. However upon talking about meal breaks it seems the new contract also had omitted the one hour break for meal during the non-vacation period to read
Quote:
During the non-vacation period: 2pm ~10pm
Omitting the 1 hour break for meal. I asked about this and they showed me the contract I signed did not have this in it.

What should I do? They tell me I can have up to 30 minutes to get something between classes / during prep time. Should I be happy with that and keep quiet? Or what do I do? Otherwise things are great with the new Hagwon. My teachers and bosses are all very pleasant. I don't want to ruffle any feathers, but I also feel deceived.

Is it normal to have a one hour meal break or not? Work 8 hours, but really only 7 with that meal break included.

Advice? Thank you
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Hotwire



Joined: 29 Aug 2010
Location: Multiverse

PostPosted: Fri Oct 01, 2010 2:58 am    Post subject: Reply with quote

It really differes from hakwan to hakwan.

If I were there 8hrs a day I would insist an hour or 50 mins at least were written into the contract for daily lunch break or I would find a job elsewhere. Contracts are negotiable - and if not - decide whether that employer is for you or not.

(example, my contract said five days in winter and summer for vacation including weekends. Well that works out at 6 working day vacay a year!! No way!!! I said I would only take the job if they wrote in five WORKING days in summer and winter, not including weekends. I also got them to agree to give me Xmas week off. so you can negotiate.)

My current position though we only get about 25 mins for a food break BUT I'm only there 6 - 6.5 hrs a day and don't start until 2.30pm PLUS they buy us dinner ordered in from a restaurant every day saving me 5,000 a day so I can't complain and also usually one or two days a week I do get a 45 min break between certain classes.

So really what with my low hours and the free food - I can't complain!

But if I were there 8 hour a day I would want at least 50 minutes of time to myself where I could get off of the premises and just relax and zone out because 8 hours with screaming kids running round and Korean co-workers / supervisors scrutinising you (they are even when you think they aren't - they want a good return on their investment just like any other business) without an hour off the hakwan premises = certain insanity / breakdown.
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Fri Oct 01, 2010 3:18 am    Post subject: Reply with quote

NEVER sign an amended contract if youre happy with the original or they refuse to make the changes that you are satisfied with. 99 times out of 100 your deal gets worse in the 'new' contract. You are not obligated to sign anything once the original has been signed by both parties.

That said, there is something in the labor standards act about 30 contiguous minutes unpaid break MUST be provided after four (or six) hours of work. There's always weasel room for employers by saying the 10 minutes between your first four classes equals your 30 minute break, but that's BS. Labor will back that up, too (the BS part).

Use google. Search: Labor Standards Act Korea
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WadRUG'naDoo



Joined: 15 Jun 2010
Location: Shanghai

PostPosted: Fri Oct 01, 2010 9:29 am    Post subject: Reply with quote

Well, I wouldn't think they'd have you teaching 2 to 10 without a decent break. If so, you'd be teaching too much.

Ask about how maximum number of classes you're supposed to teach per day and the length of those classes. What does the contract say about that? That's what I'd look for. Are you really teaching 8 hours a day? For what kind of money?
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Sireno



Joined: 19 Mar 2010

PostPosted: Sat Oct 02, 2010 9:33 pm    Post subject: Reply with quote

Hmm. As I could find through the Korean Labor Act it states
Quote:
Article 53 (Recess Hours)

(1)An employer shall allow a recess period of more than 30 minutes for every 4 working hours and more than 1 hour for every 8 working hours during the working hours.
(2)A recess period may be freely used by workers.


So from this does it mean in my working day of 2-10pm I should be getting off an hour sometime between 2-10pm? Or does it mean I should receive more than 30 minutes?

Also right now I am only teaching something like 2-5 classes a day as it's a new hagwon, but I imagine in a few months I'll be teaching 6 a day. I want to get this straightened out now rather than later.


Also while reading this it seems we should be getting one day off??
Quote:
Article 57 (Monthly Leave with Pay)

(1)An employer shall allow one day's leave with pay per month.
(2)The paid leave in accordance with paragraph (1) may be used by a worker, of his own free will, either by accumulating or dividing it within one year.
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J Rock



Joined: 17 Jan 2009
Location: The center of the Earth, Suji

PostPosted: Sun Oct 03, 2010 3:10 am    Post subject: Reply with quote

When I signed at my school they said 2PM-10PM with no mention of a "dinner break." When I actually got to the school my schedule was 12:30PM-7PM. On an average day I leave the school for about 2 hours every day to eat or visit friends and they haven't said anything yet.

I highly doubt they're not going to let you leave to get some food during an 8 hour shift.
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