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need help forced to do overtime on a saturday
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WadRUG'naDoo



Joined: 15 Jun 2010
Location: Shanghai

PostPosted: Wed Nov 03, 2010 9:25 am    Post subject: Reply with quote

PatrickGHBusan wrote:
Quote:
Your contract is different than the Korean teachers' contract. The Korean teachers get an incredible bonus twice a year compared to our no bonus at all), the Korean teachers are tenured at the outset compared to our annual renewal rigmarole, there are far more than three levels of salary for the Korean teachers compared to our three or four levels, just to name a few.


Quite true and for good reasons.


Yes, very true. And one of the reasons why you shouldn't do it.

Here you have a teacher saying "You have to!" Now is that anyway to get you to work? What if she had asked you nicely and told you that she and the school would really appreciate your coming in that day? And that you'd be paid at least as much as the contract says in OT (should get time and a half at least, really)? Why? I'll bet if she had approached you differently, you wouldn't have started this thread.

TOTAL FAIL on their part.
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carleverson



Joined: 04 Dec 2009

PostPosted: Wed Nov 03, 2010 9:31 am    Post subject: Reply with quote

just keep quiet and do as they tell you....THAT'S what most (99%) of us do anyway.... Laughing
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CentralCali



Joined: 17 May 2007

PostPosted: Wed Nov 03, 2010 12:43 pm    Post subject: Reply with quote

If the OP's getting asked "can you do this this weekend" at this late stage, then the co-teacher's quite possibly already promised everyone else involved (principal, students, parents) that the native English teacher is going to be there. Of course, it never occurred to her, as she's obviously clueless, to actually check with the NET first. That's why she's freaking out over this: her butt'll be in the wringer when there's no NET for those classes.

I know a fair number of us make jokes about the lack of planning in Korea; however, I've been convinced for some time now that there really is plenty of advance planning. The problem is that the co-teacher is afraid to coordinate certain things in advance with the NET because she's afraid of getting the response, "No. Can't do it." The co-teacher springs this on the NET at the last moment hoping that it'll be too late for the NET to say no.
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Wed Nov 03, 2010 1:50 pm    Post subject: Reply with quote

I don't know about the OP's case, but in mine it was some administrator from the education office trying to show off his authority. Rolling Eyes

The co-teacher had already discussed the activity with me and told me it was
OK to say no, then a few days later the ed-office guy phoned up and demanded that I go.

He even brought up the clause in the contract that said the ed- office had the right to ask me to work anywhere in the school district.

So I simply replied that the contract says very plainly No weekend classes.


If it had been something for my own school that made some kind of sense for me to do, I would have agreed.

They couldn't get anyone from their own city to do it, so they figured they could strongarm the rural teachers into it.

It was a situation that called for a firm NO.


Then my co-teacher jumped the conclusion that the reason I had refused must be because I surely was teaching some "illegal private classes".

She demanded to know what I was doing and why I couldn't go.

I had a sinking feeling, but I was not doing anything wrong.

She called up my co-teacher at the second school and demanded to know if I had left early or something. It just so happened that they had asked me to supervise an exam for the last period and I was teaching right till
the end of the day.

My experience with that particular co-teacher was what made me decide to leave Korea.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Nov 03, 2010 3:10 pm    Post subject: Reply with quote

3DR wrote:
This is what the 2009 contract says:

Article 7(Work Hours)
1. Employee shall work eight (8 ) hours per day including lunch hour for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and Korean national holidays.


Just check your 2010 contract...I doubt this has changed. Any work on Saturday in GEPIK in purely voluntary.



I already posted the 2010 contract above. It says quite clearly that they can ask you to work six hours per week OUTSIDE the normal contract hours. Unless the OP for some reason does not have that in his contract, then contractually they can ask him to work on Saturday.

In his place I would stand firm on the 20,000 hour a thing though. They want to hold him to the contract...then so should he hold them to it. If they don't have the money then he can say "so sad, too bad...see you on Monday." as he departs the premises on Friday.
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3DR



Joined: 24 May 2009

PostPosted: Wed Nov 03, 2010 3:46 pm    Post subject: Reply with quote

TheUrbanMyth wrote:
3DR wrote:
This is what the 2009 contract says:

Article 7(Work Hours)
1. Employee shall work eight (8 ) hours per day including lunch hour for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and Korean national holidays.


Just check your 2010 contract...I doubt this has changed. Any work on Saturday in GEPIK in purely voluntary.



I already posted the 2010 contract above. It says quite clearly that they can ask you to work six hours per week OUTSIDE the normal contract hours. Unless the OP for some reason does not have that in his contract, then contractually they can ask him to work on Saturday.

In his place I would stand firm on the 20,000 hour a thing though. They want to hold him to the contract...then so should he hold them to it. If they don't have the money then he can say "so sad, too bad...see you on Monday." as he departs the premises on Friday.


I clicker the link for the new contract and it still clearly states employee shall not work on Saturdays or Sundays (8-1)

So are they contradicting themselves or what? If what you say is true, then I would have to think more public school teachers would be dealing with this as the KETs would be all over it.
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CentralCali



Joined: 17 May 2007

PostPosted: Wed Nov 03, 2010 3:50 pm    Post subject: Reply with quote

They can ask anything they want outside of the regular working hours. What they cannot do is require it.
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morrisonhotel



Joined: 18 Jul 2009
Location: Gyeonggi-do

PostPosted: Wed Nov 03, 2010 3:53 pm    Post subject: Reply with quote

CentralCali wrote:
They can ask anything they want outside of the regular working hours. What they cannot do is require it.


Is there any thing in the labour laws specifically about that last bit?
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Nov 03, 2010 6:10 pm    Post subject: Reply with quote

3DR wrote:
TheUrbanMyth wrote:
3DR wrote:
This is what the 2009 contract says:

Article 7(Work Hours)
1. Employee shall work eight (8 ) hours per day including lunch hour for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and Korean national holidays.


Just check your 2010 contract...I doubt this has changed. Any work on Saturday in GEPIK in purely voluntary.



I already posted the 2010 contract above. It says quite clearly that they can ask you to work six hours per week OUTSIDE the normal contract hours. Unless the OP for some reason does not have that in his contract, then contractually they can ask him to work on Saturday.

In his place I would stand firm on the 20,000 hour a thing though. They want to hold him to the contract...then so should he hold them to it. If they don't have the money then he can say "so sad, too bad...see you on Monday." as he departs the premises on Friday.


I clicker the link for the new contract and it still clearly states employee shall not work on Saturdays or Sundays (8-1)



So are they contradicting themselves or what? If what you say is true, then I would have to think more public school teachers would be dealing with this as the KETs would be all over it.


If you clicked on the link then you must have seen Article 8 Clause 3. Read and get back to me. That is not what I am saying by the way, it is what the contract (at least THAT VERSION) is saying.


Contrary to popular opinion on Dave's most KET's are not out to get us. They have more important things to worry about. And we are still entitled to OT pay for said classes...which gives administrators headaches. Most of them would rather not deal with it.

But for those who are advising the OP to 'stick it to the Man' it's HIS derriere that is on the line here, not yours. Again it all depends on what his contract says.
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nathanrutledge



Joined: 01 May 2008
Location: Marakesh

PostPosted: Wed Nov 03, 2010 6:46 pm    Post subject: Reply with quote

TUM is right about overtime, but 3DR is right on the time. That M-F, no Sa/Su is the key. They want you to do overtime M-F, okay, but the weekends are clearly off limits.

Not going to go in an read the contract, but I know that the GEPIK contract says that the hours ARE flexible, but are to be in line with that of public servants in Korea. I.E. you can work 7:30-3:30 or 9-5, depending on your school's start and end times. That being said, if they came to you and said they wanted you to do overtime at 4 am or 11 pm, while technically this is not allowed, the phrasing in there about "public servant hours" would indicate you have some flexibility in that (but, so does the school...)

Either way, Saturday=no way.
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Swampthing



Joined: 10 Jun 2010

PostPosted: Wed Nov 03, 2010 7:25 pm    Post subject: Reply with quote

You are not being forced to do anything.

Instead, you were being weak. You could have just stood your ground and refused. Instead you submitted, and are now paying for it.

No sympathy from me.
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Swampthing



Joined: 10 Jun 2010

PostPosted: Wed Nov 03, 2010 7:36 pm    Post subject: Reply with quote

TheUrbanMyth wrote:
3DR wrote:
This is what the 2009 contract says:

Article 7(Work Hours)
1. Employee shall work eight (8 ) hours per day including lunch hour for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and Korean national holidays.


Just check your 2010 contract...I doubt this has changed. Any work on Saturday in GEPIK in purely voluntary.



I already posted the 2010 contract above. It says quite clearly that they can ask you to work six hours per week OUTSIDE the normal contract hours. Unless the OP for some reason does not have that in his contract, then contractually they can ask him to work on Saturday.

In his place I would stand firm on the 20,000 hour a thing though. They want to hold him to the contract...then so should he hold them to it. If they don't have the money then he can say "so sad, too bad...see you on Monday." as he departs the premises on Friday.


Rubbish. In every contract with a public school that I have seen (I used to work in Kimpo as well). weekends are specifically exlcuded.

Don't agree to do anything unless you read your contract first. Also keep the name of your district coordinator for foreign teachers on speed-dial.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Nov 03, 2010 7:46 pm    Post subject: Reply with quote

nathanrutledge wrote:
TUM is right about overtime, but 3DR is right on the time. That M-F, no Sa/Su is the key. They want you to do overtime M-F, okay, but the weekends are clearly off limits.

Not going to go in an read the contract, but I know that the GEPIK contract says that the hours ARE flexible, but are to be in line with that of public servants in Korea. I.E. you can work 7:30-3:30 or 9-5, depending on your school's start and end times. That being said, if they came to you and said they wanted you to do overtime at 4 am or 11 pm, while technically this is not allowed, the phrasing in there about "public servant hours" would indicate you have some flexibility in that (but, so does the school...)

Either way, Saturday=no way.


It does say that part about the public school hours BUT in the very same clause (8-2) it says ;"however such Work Hours may be adjusted by the school principal as he/she deems appropriate as necessary."

It does NOT exclude weekends in that clause and leaves it up to the principal's decision.

Which may be a way out for the OP as it was his co-teacher asking him and not the principal.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Nov 03, 2010 7:49 pm    Post subject: Reply with quote

Swampthing wrote:
TheUrbanMyth wrote:
3DR wrote:
This is what the 2009 contract says:

Article 7(Work Hours)
1. Employee shall work eight (8 ) hours per day including lunch hour for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and Korean national holidays.


Just check your 2010 contract...I doubt this has changed. Any work on Saturday in GEPIK in purely voluntary.



I already posted the 2010 contract above. It says quite clearly that they can ask you to work six hours per week OUTSIDE the normal contract hours. Unless the OP for some reason does not have that in his contract, then contractually they can ask him to work on Saturday.

In his place I would stand firm on the 20,000 hour a thing though. They want to hold him to the contract...then so should he hold them to it. If they don't have the money then he can say "so sad, too bad...see you on Monday." as he departs the premises on Friday.


Rubbish. In every contract with a public school that I have seen (I used to work in Kimpo as well). weekends are specifically exlcuded.

Don't agree to do anything unless you read your contract first. Also keep the name of your district coordinator for foreign teachers on speed-dial.


I already suggested that he read his contract. And I already posted the link and the specific clauses which do NOT specifically exclude weekends.

Yes the first GEPIK contracts used to exclude weekends. However they were recently changed...would you like the link to that as well?
This is just one of the reasons why people say they are becoming more like hakwons.
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Who's Your Daddy?



Joined: 30 May 2010
Location: Victoria, Canada.

PostPosted: Wed Nov 03, 2010 7:57 pm    Post subject: Reply with quote

I feel that to keep some self respect in Korea you have to be willing to be fired. If employers see that you're beholden to them, they'll treat you like a slave.

Unless you've got one of the few cushy uni jobs most employers are replaceable. Don't let them make you think they're doing you a favor giving you a job, you're doing them the favor. You can always find another job.

Also it is rare to be fired. You'd have to assault someone, or start a fire, something severe.

So, if you have to work on Saturdays, do you really want to keep this job?

Next time this comes up; just say "Sorry, I don't work on Saturdays." Don't ask any questions, or try to get baited into some other discussion (Korean culture, love of students, etc.); whatever she says just say "sorry, I don't work on Saturdays."

Once I worked at a school and something like this happened. Co-teacher kept bringing it up. She said, "the principal is angry." Finally I said, "I'm tired of discussing this. I don't care if the principal is angry. I am not doing it. The principal can decide if he wants to fire me or not, but I am not discussing it any more with you."

It was not discussed again, and I was renewed by the POE and sent to a different school the following year. Wow, big repercussion.

Would you let yourself be treated badly in your home country?
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