Korean Job Discussion Forums

[jondepoer]

Hello,

I've been here a couple of years now, and I've learned that labor law is not viewed in the same way as back home.

However, I was wondering if anyone knows how break-times are enforced among foreign workers.

I currently work at a private school where I am required to work from 1:30-8:30 (including 1 hour of prep. for the first hour). My prep time is not paid, but I am required to be there.

My contract states that I work 6000 minutes a month, no more than 110 hours, and 1 hour of unpaid prep per day. Classes are 50 mins. each. For the first few months, I would have only 4-5 classes a day as the hagwon is brand new, and growing. Around the 4 month mark, my schedule was bumped up to 6 classes straight per day + my hour of prep. Now, assuming that the 10 minute breaks are paid, 6 classes a day puts me at 120 hours a month, or 10 hours of overtime...

...so I thought. The main branch of my school franchise ruled that the 10 minute breaks between classes are unpaid. Now, I rarely have an uninterrupted break, as I teach 150 students on a rotating basis, and someone always has a problem of some kind. I think the wording is extremely deceiving, and I fought to issue to no avail.

So the question: can anybody confirm that I have a legal right to a paid break after working 7 hours a day? Aside from being a dick-move to say that I'm off the clock for 10 minutes between classes, do I have any legal recourse?

[valkerie]

That sucks.

Google for the labour law and you will find the rule quite clearly. You are entitled to a proper break.

I used it as an incentive. I won.

[jondepoer]

So I found where it states that workers are entitled to a 'recess', (and it's the standard 30 mins for 4 hours; 1 hour for 8 hours), but it doesn't specify if the breaks are paid.

Does anyone know?

[broken76]

Breaks and prep time are generally unpaid. The hours stated in the contract are for teaching hours. Some state that some don't but don't expect your school to consider breaks work time. Some contracts do have it specifically laid out but most don't. Overall if you're only spending about 35 total hours at the school a week it is under the average of 40-45 hours for most teachers.

[WadRUG'naDoo]

The schedule is short. Too bad you have to be there an hour beforehand, but you signed the contract. I don't think you should complain about this because if you were given an hour or half-hour break you'd be at work longer. And they probably can't shedule everything around your break.

My advice is to take your 10 minutes between classes.

By the way, if your contract states 6000 minutes and you teach 120 minutes every day, don't you have overtime in months where you have more than 20 working days? For example, this month has 22 working days that would give you 12 hours of OT. Check it out.