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need help forced to do overtime on a saturday
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3DR



Joined: 24 May 2009

PostPosted: Wed Nov 03, 2010 8:13 pm    Post subject: Reply with quote

TheUrbanMyth wrote:
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.


I'm looking for jobs right now. A recruiter just sent me a gepik position along with the updated contract. I can't find weekend work anywhere in the contract.

And yes I've read the clause you highlighted. I take it to mean outside work hours DURING THE WEEK. Like I said...after school classes/meetings/whatever else. I worked after school classes last year up until 5:30 sometimes or during school hours when I had a free period.

It doesn't make sense to say employee SHALL NOT work on weekends, then say that they can. That's the only logical conclusion to come up with after reading the first clause.

Mandatory work on the weekends in public school...ROFL.
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PigeonFart



Joined: 27 Apr 2006

PostPosted: Wed Nov 03, 2010 8:13 pm    Post subject: Reply with quote

Valid point above about not talking about your personal life. Just say you can't do it and don't discuss it further. If they persist in asking questions, you just repeat "sorry i can't work Saturdays." End of discussion.
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3DR



Joined: 24 May 2009

PostPosted: Wed Nov 03, 2010 8:16 pm    Post subject: Reply with quote

double post
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Nov 03, 2010 8:20 pm    Post subject: Reply with quote

3DR wrote:
TheUrbanMyth wrote:
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.


I'm looking for jobs right now. A recruiter just sent me a gepik position along with the updated contract. I can't find weekend work anywhere in the contract.

And yes I've read the clause you highlighted. I take it to mean outside work hours DURING THE WEEK. Like I said...after school classes/meetings/whatever else. I worked after school classes last year up until 5:30 sometimes or during school hours when I had a free period.

It doesn't make sense to say employee SHALL NOT work on weekends, then say that they can. That's the only logical conclusion to come up with after reading the first clause.

Mandatory work on the weekends in public school...ROFL.


Well if you feel comfortable giving the OP advice which may get him fired...more power to you.

As for mandatory work on the weekends in public schools...maybe you should read the threads where other posters have claimed just that.
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3DR



Joined: 24 May 2009

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

OP, it's very simple...take your contract to the KET...show her Article 8 and see what she says.

Read it yourself as well...make your own decision. Cool
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3DR



Joined: 24 May 2009

PostPosted: Wed Nov 03, 2010 9:07 pm    Post subject: Reply with quote

http://forums.eslcafe.com/korea/viewtopic.php?t=185672
http://forums.eslcafe.com/korea/viewtopic.php?p=2071039
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nomad-ish



Joined: 08 Oct 2007
Location: On the bottom of the food chain

PostPosted: Wed Nov 03, 2010 9:16 pm    Post subject: Reply with quote

i would show my co-teacher the part of the contract where it says the employee shall not work saturday, sunday, or national holidays of korea. don't bring up the clause regarding the forced overtime - just wait and see if she finds it. if she does, i don't think there's much you can do.

however, it they do find that forced OT clause, then show them the overtime rate in your contract and make sure they are willing to pay that.
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cdninkorea



Joined: 27 Jan 2006
Location: Seoul

PostPosted: Wed Nov 03, 2010 10:04 pm    Post subject: Reply with quote

Who's Your Daddy? wrote:
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."

That was probably the most effective way to get her to give up- I don't think a Korean teacher would ever say that, because, as I'm sure you know, principals are treated like gods. Good for you!
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jonpurdy



Joined: 08 Jan 2009
Location: Ulsan

PostPosted: Wed Nov 03, 2010 10:06 pm    Post subject: Reply with quote

nomad-ish wrote:
however, it they do find that forced OT clause, then show them the overtime rate in your contract and make sure they are willing to pay that.


The forced overtime is within regular working hours in my EPIK contract. However, if GEPIK has it outside of those hours then point to the 20,000 per hour clause. They can't have you work extra hours AND not pay you the proper rate.

Folks, when it comes to stuff like this it's okay to negotiate. For example, if they trade you an extra Friday off or something like that then maybe go for it. As long as it works out evenly in the end. Plus you'll solidify your relationship with your school.

However, NEVER do stuff that isn't relatively equal. In this case, the OP would be giving up a lot to gain very little (less than regular hours pay).
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creeper1



Joined: 30 Jan 2007

PostPosted: Wed Nov 03, 2010 10:18 pm    Post subject: Diplomacy Reply with quote

Who's Your Daddy? wrote:
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?


Wow you just won the title of diplomat of the year.
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Thu Nov 04, 2010 6:49 am    Post subject: Reply with quote

Who's Your Daddy? wrote:
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?



This.

If you let them push you around, they will. If you stand up to them, they leave you alone.

Expecting them to honor the contract is not "sticking it to the man",

at least not in my books.

As posted earlier the contract states:

Article 8-3 (second sentence) of the 2010 GEPIK contract as regarding those 6 OT hours states

"Employee shall/may be asked to teach extra 6 hours within and/or out of the regular working hours."


The contract says nothing about these extra hours being mandatory.


Lot's of teachers can agree to work on Saturdays if they want to, but they have every right (according to the contract) to say no.
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darren0946uk



Joined: 29 May 2007

PostPosted: Thu Nov 04, 2010 4:23 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.
Quote:


Thanks for that, well she tried and I have stood my ground. I wrote her a letter and told her 8.1 and 8.3 thus it is my right to say "no" and she had no right to insult me. I sent that on wednesday, Thursday she didn't speak to me and today is today. Lets watch this space. Thank you so much for your help and comments.
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darren0946uk



Joined: 29 May 2007

PostPosted: Thu Nov 04, 2010 4:54 pm    Post subject: Reply with quote

[color=black]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.

Thanks for that, well she tried and I have stood my ground. I wrote her a letter and told her 8.1 and 8.3 thus it is my right to say "no" and she had no right to insult me. I sent that on wednesday, Thursday she didn't speak to me and today is today. Lets watch this space. Thank you so much for your help and comments.
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jonpurdy



Joined: 08 Jan 2009
Location: Ulsan

PostPosted: Thu Nov 04, 2010 8:56 pm    Post subject: Reply with quote

darren0946uk wrote:
Thanks for that, well she tried and I have stood my ground. I wrote her a letter and told her 8.1 and 8.3 thus it is my right to say "no" and she had no right to insult me. I sent that on wednesday, Thursday she didn't speak to me and today is today. Lets watch this space. Thank you so much for your help and comments.


Good, man. Keep us posted.
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darren0946uk



Joined: 29 May 2007

PostPosted: Thu Nov 04, 2010 10:01 pm    Post subject: Reply with quote

what my teacher wrote to me

"I double checked her about the payment on Saturday.

But she told me the same thing what I told you. She said she already asked that to other school's administration chief.

I wanted you to help me. But I don't have enough time to ask someone the payment. Moreover I don't want to waste my time for a certain part. I mean the payment. I have a lot of things to prepare.

I wouldn't ask you to work on Saturday anymore. I'm tired. "

Well I find it quite rude hasn't got engough time or to waste on the correct payment. Oh well that is that. I did'nt reply to her, yet I'm not working this saturday and will not be in the future. Thanks for your comments. Would love to hear also what you think about her letter to me.

[/quote]
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