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Vacation Ripoff
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NSMatt



Joined: 29 Dec 2008
Location: London

PostPosted: Thu Nov 11, 2010 7:42 am    Post subject: Vacation Ripoff Reply with quote

I am working for one of the big hagwon chains which will remain nameless for now.

We are entitled to 5 days of vacation in the summer term and 5 days in the winter. The school has just announced that our 5 day winter break will be during the Chinese New Year holiday which means that we are only really getting 2 paid vacation days plus three 'red/national holiday' days. Monday and Tuesday are the real vacation days and Wed-Fri are national holiday days.

FYI, my contract doesn't say that I get the 10 days plus national holidays but this is irrelevant. All employees in Korea are entitled to a minimum of 10 days PLUS national holidays. Keep in mind that every teacher at this large chain will be getting the same vacation.

So what should I do? Has anyone else here dealt with this kind of thing before?
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cragesmure



Joined: 23 Oct 2010

PostPosted: Thu Nov 11, 2010 8:06 am    Post subject: Reply with quote

Obviously, you are right. You are entitled to your 10 days plus national holidays. I've never had anything quite that effed up happen to me. In my first year, there was a Wednesday off for some national day, and the hagwon planned an overnight trip for Tuesday/Wednesday. I told my boss I wouldn't go being that Wed was a holiday. She tried to force me to go, but I just told her flat out that it wasn't going to happen. She ended up saying that if I went on the trip I could have Thursday off work, so I agreed. This was a place where I was the only foreign teacher. I got some evil looks from the Korean teachers come Friday - I guess they all missed out on their holiday.
I know the two situations aren't exactly comparable. But I'd talk to the other teachers. Get everyone else on the same page. Let your boss know what's what and stick to your guns. If you find yourself the only one willing to stand up for your rights and you don't want the hassle of beating your head against a wall/legal action, I'd just call in "sick" Monday-Wednesday of the following week.
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interestedinhanguk



Joined: 23 Aug 2010

PostPosted: Thu Nov 11, 2010 8:06 am    Post subject: Re: Vacation Ripoff Reply with quote

NSMatt wrote:
All employees in Korea are entitled to a minimum of 10 days PLUS national holidays.


I've never heard that. Are you telling me that everyone who works on a holiday volunteers for it and are not required to do so by their employer?

Anyways, a fair number of schools offer less than 10 days vacation. Is it crappy? Yes. Is it illegal? Pretty sure it's not.
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cragesmure



Joined: 23 Oct 2010

PostPosted: Thu Nov 11, 2010 8:12 am    Post subject: Reply with quote

I beg your pardon - I misread that 3rd paragraph. If it doesn't say explicitly in your contract that you get 10 days off PLUS national holidays, I don't know that you are legally entitled to it.
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Junior



Joined: 18 Nov 2005
Location: the eye

PostPosted: Thu Nov 11, 2010 8:18 am    Post subject: Reply with quote

Unfortunately its an employers market..and workplace abuses are on the rise.
'If you don't do it, there are 1000 other applicants who will' Rolling Eyes
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NSMatt



Joined: 29 Dec 2008
Location: London

PostPosted: Thu Nov 11, 2010 8:30 am    Post subject: Reply with quote

cragesmure wrote:
I beg your pardon - I misread that 3rd paragraph. If it doesn't say explicitly in your contract that you get 10 days off PLUS national holidays, I don't know that you are legally entitled to it.


You are right. I could have sworn that 'red days' don't count against your vacation allotment but it looks like they do!

"Q: How many Holidays should I get?
A: "Holidays" are truly referred to as "Days of Paid Leave".

Please note the only Statutory Paid Leave Day is Labor Day. A Statutory Paid Leave Day is one which must be given to the Employees, unless both parties consent to some other form of compensation, and is mandated by the Laws of the Republic of Korea. Christmas, Cheosuk and other days are not Statutory Paid Leave Days.

As such, unless stated explicitly in the employment agreement, if you do not work on those days they count towards your Paid Leave that you have accumulated over the year."

http://www.k-labor.com/tiki-view_faq.php?faqId=2
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MalFSU1



Joined: 27 Jan 2009

PostPosted: Thu Nov 11, 2010 8:38 pm    Post subject: Reply with quote

Last year they counted a holiday and the weekend as part of my vacation so I pretty much lost out on 3 days in my mind. I called the provincial office and unless your contract specifically says "working days" they are within the law to count holidays and weekends.
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Ramen



Joined: 15 Apr 2008

PostPosted: Thu Nov 11, 2010 8:47 pm    Post subject: Re: Vacation Ripoff Reply with quote

NSMatt wrote:

So what should I do? Has anyone else here dealt with this kind of thing before?


Your question should be What should WE do?

There will always be some A-hole who loves to kiss boss's ass. Razz
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DeMayonnaise



Joined: 02 Nov 2008

PostPosted: Thu Nov 11, 2010 8:47 pm    Post subject: Reply with quote

Public schools baby!!!! 2.5 weeks of vacation in SE Asia here we come!

Laughing Laughing Laughing
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Ramen



Joined: 15 Apr 2008

PostPosted: Thu Nov 11, 2010 8:48 pm    Post subject: Reply with quote

DeMayonnaise wrote:
Public schools baby!!!! 2.5 weeks of vacation in SE Asia here we come!

Laughing Laughing Laughing


6 weeks here. Razz
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rowdie3



Joined: 22 Sep 2003
Location: Itaewon, Seoul

PostPosted: Thu Nov 11, 2010 8:52 pm    Post subject: Reply with quote

As far as I know, there are no days off for Christmas this year except Saturday and Sunday. Am I missing something?

http://www.officeholidays.com/countries/south_korea/2010.asp

It's common for hagwons to include weekend days off in the day off count. Not fair but that's the way they do it. In my first year my '5 day' vacation consister of Thursday, Friday, Saturday, Sunday, and Monday. Needless to say I was not thrilled, but that's the way it is in Korea.
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oldfatfarang



Joined: 19 May 2005
Location: On the road to somewhere.

PostPosted: Thu Nov 11, 2010 9:53 pm    Post subject: Reply with quote

rowdie3 wrote:
As far as I know, there are no days off for Christmas this year except Saturday and Sunday. Am I missing something?

http://www.officeholidays.com/countries/south_korea/2010.asp

It's common for hagwons to include weekend days off in the day off count. Not fair but that's the way they do it. In my first year my '5 day' vacation consister of Thursday, Friday, Saturday, Sunday, and Monday. Needless to say I was not thrilled, but that's the way it is in Korea.


No, that's the way they calculate holidays if you let them. My hagwon tried that, and I kicked up (another) fuss, and I was given all my paid holidays during my contracted working days (mon - fri).

Read your contract. Does it say the employee will work mon to friday (or something like this), then don't let them scam you.

My hagwon also tried to get me to make up classes that I'd "missed" during my holiday. That didn't work, either.
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dumpring



Joined: 06 Apr 2010
Location: Auckland, NZ

PostPosted: Thu Nov 11, 2010 10:43 pm    Post subject: Reply with quote

I hear ya.

My Hakwon stipulated 7 days vacation and I was told by the teacher who I replaced that he had both a summer and winter break.
Anyway, we had 3 days off over summer and when asking about my winter vacation I was told that the 3 days off for Chuseok was our Winter break!

I asked then why the previous teacher had time off over winter, and they told me it was an exception because his family came to visit.

Naturally, was proper fuming about that, as I felt I had been completely misled. Complained a fair deal to the manager who rang the person who wrote my contract (I work at a big chain too) and said person advised my manager to give me those other 4 days off at my request in Winter.

I probably did a bit of damage to my relationship with the place, but there was no way in hell I would've taken the job it if said I would be eligible for what I deemed to be 3 days vacation.

This was what was written in my contract-

a). The "employee" will receive 7 paid vacations not including Saturday and Sunday per year in the school's vacation period.

After re-reading it, I doubt i'd have had a case legally. But I am the only foreign teacher here he probably guessed I would have left out of spite if he didn't give me my "7 vacations".

Just a warning to all prospective hakwon teachers. Confirm when your vacation days will be, and whether they all actually during the national holidays or not.

Goodluck OP!
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PigeonFart



Joined: 27 Apr 2006

PostPosted: Thu Nov 11, 2010 10:56 pm    Post subject: Reply with quote

Yes, that is definitely a "rip off" as you stated. Unethical and sly. That would piss me off too.

If i owned a hogwon, i would write a DETAILED contract with no ambiguity because i would have a sense of honour and decency in relation to my employees. That's why these sly schisters are always ambigous and trying to move the goal posts.

As for what you should do?....It's too hard for me to say what you should do because everyone is in a different situation. I hope that you all put up a fight and get your days off. Some solidarity between english teachers would be a great thing.
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Ramen



Joined: 15 Apr 2008

PostPosted: Thu Nov 11, 2010 11:11 pm    Post subject: Reply with quote

you have only two options:

1. take it up the ass and drive on.

2. fight back.

which is it? Razz
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