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Should I be paid from the start of the contract?

 
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morrisfletcher



Joined: 21 Oct 2010

PostPosted: Wed Dec 29, 2010 8:07 am    Post subject: Should I be paid from the start of the contract? Reply with quote

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Last edited by morrisfletcher on Fri Dec 31, 2010 2:28 am; edited 2 times in total
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WadRUG'naDoo



Joined: 15 Jun 2010
Location: Shanghai

PostPosted: Wed Dec 29, 2010 9:10 am    Post subject: Reply with quote

You should be paid according to the start date on the contract you signed. There may, however, be a clause in your contract stating that you start getting paid for your time from the moment/day you start teaching. So that would change the start date of your contract and they would have to make amends to that and extend your work visa w/ immigration at the end of your contract so that you'd be teaching for them for a year. But that's just stupid. If it's not any fault of yours that you're a day late (what was your first teaching day?), they should just go by the contract.

I think the law is that for a monthly salary you divide the salary by the number of days in the month and then multiply that by the number of days you've been employed with the school. Not the number of Monday-to-Friday working days. I don't think you really lose out of any money. In some cases you benefit and in others you get dinged a very minor amount. Let's say you make 3 million/month and start at the end of the month where there are only ten days left. Out of those ten, there could be 2 weekends leaving you with only 6 working days. W/ your 22-working-day scenario, you'd be paid about 820,000 and w/ the other, you'd make 1 million. Can work the opposite way, too, with you getting the crappy end of the stick. Besides, there's really no exact way to calculate it w/ working days.

Anyway, it should work itself out in the final month where that and the beginning partial months are just added up to equal a month's salary. I guess maybe that's the only way that's fair.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Wed Dec 29, 2010 4:19 pm    Post subject: Re: Should I be paid from the start of the contract? Reply with quote

morrisfletcher wrote:
I was wondering that since I have a contract that is for a monthly salary, should I be paid based on the start date for my contract, not the actual first day of teaching? I was on the flight when my contract started, and started teaching a few days later.

Also, this is important only for my first pay: My contract began on the 7th, and my school pays on the 28th. Now when the school calculated my pay they divided my salary by the number of days in the month (30), not the number of work days (22).
This seems wrong, and I lose out on a few hundred dollars.

I am wondering if any one knows what the legal rule is regarding these two issues: pay starts on the contract date, and calculations for partial months


If they divided it by 30, then they need to pay you based on all days after your first work day (including weekends). If they divided it by 22 (number of total possible work days in the month) then they'd need to pay you just based on the actual days that you worked that month.

Don't forget to figure in any national holidays when you calculate your "work days". Why didn't you start working the day that you arrived in Korea? Did they just give you a couple days to settle in? Or was one of those days a holiday (red day on the calendar)?
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Wed Dec 29, 2010 4:34 pm    Post subject: Reply with quote

Two issues here, starting later than contract date and division of payment.

If you have accepted the job, signed a contract, and you have the visa issues sorted then there is no reason to be a jerk about this.

Make sure they pay on time for the WORK YOU HAVE DONE AND WHEN YOU HAVE DONE IT. If you feel you have worked a few days short of a full year, then the school will be more than happy to extend your visa if both parties have an amicable working relationship.

Don't be the first person to piss off the other. It's always good to have a few niceties stored up when conflicts arise. Pulling punches now is way too premature and will make you look bad.

Now for the division of payment, this has 2 parts. What is your monthly salary? For this, I don't look at it being 30 days or 31 one days in a month, just what is the flat monthly salary. If you are paid 2.0 million won, then this is 500,000/week.

So, in your case, you lose out on one week because you couldn't have started on the 7th. Assuming you started (I know you didn't because of the earlier issue), this means you can expect 1.5 million.

You said you started a few days later. Sounds like you started on the weekend or maybe Monday (13th). It looks like 3 weeks to me (13-31).

The next step is to talk to the school and say, "I am entitled to 3/4 the monthly salary". Find out when they will pay for these 3 weeks. If they will only pay for 2/4 and argue they don't owe for 1 week, find out why.

In your case (not everyone's), I feel you are entitled to 3/4 your salary. This means they need to include any extra teaching days onto the next salary. Write it out, hand them a schedule of what you expect to be paid. Make sure they see the math.

Second part of this you want to wait on. Don't bring it up unless you have tried a few times to get your 3/4. What you do is simply ask them, "How much will you deduct from me if I don't work on a scheduled day?" They will tell you a higher number than what they are willing to pay you probably. Good, then say, "Ok, then if that is my day's wages, then shouldn't you pay me (days you worked TIMES 1 day's wages)?

Stare in their face and just smile
Very Happy Very Happy Very Happy Very Happy Very Happy

They won't know what to do. They want to cut your pay, but then they want to take a lot out if you miss a day. Let us know what they say.
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sojusucks



Joined: 31 May 2008

PostPosted: Wed Dec 29, 2010 7:49 pm    Post subject: Reply with quote

Your first pay should be according to the date on your contract. A pro-rated sum is used if you worked less than a full month when that date arrives. This is very standard. After the first pay period, then you should receive a full months pay thereafter.
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bobbybigfoot



Joined: 05 May 2007
Location: Seoul

PostPosted: Wed Dec 29, 2010 8:35 pm    Post subject: Reply with quote

Sorry Op, they will pay you as of your first day of teaching. This is standard procedure. This happened to me my first year. I flew in on a Saturday, starting work on the Monday. According to western rules, I worked a full month (every work day in that month). But my school docked me a couple days of pay. And expect them to do the same when you leave, if the last few days of the month are a weekend.
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morrisfletcher



Joined: 21 Oct 2010

PostPosted: Thu Dec 30, 2010 4:49 am    Post subject: Reply with quote

bump

Last edited by morrisfletcher on Fri Dec 31, 2010 2:25 am; edited 1 time in total
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Thu Dec 30, 2010 5:17 am    Post subject: Reply with quote

Quote:
school calculated my pay

Quote:
actually get the money


Which is it, did they pay you or not? Did they not pay you enough? If so, how much do you feel owed?
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morrisfletcher



Joined: 21 Oct 2010

PostPosted: Thu Dec 30, 2010 5:39 am    Post subject: Reply with quote

bump

Last edited by morrisfletcher on Fri Dec 31, 2010 2:26 am; edited 1 time in total
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Thu Dec 30, 2010 6:05 am    Post subject: Reply with quote

Were you in korea with a valid visa on the first day of your contract?

If you were, but didnt teach the first few days, you were still EMPLOYED for the duration of the contract (one full year). Your employer may disagree and try to withhold your severance (they probably wont), but if they do, labor board will find in your favor.

An employer hires you and sponsors your time in korea, a couple days not worked or paid but still in korea will not affect your one year of employment status. You will get your severance, but if your employers are dicks, you may have to fight a little to get it.

As long as you were IN korea for one FULL year, under the employ of your school, you are entitled to the severance. Severance is calculated using the average daily wage (OT included) for your last three months of work. Not being paid for the first few days of your contract should have no effect on your severance payment.

Just dont leave korea before your contract date has passed -- unless you have all your cash in your hand before you leave. Leaving before you have completed your full year of your contract, even if you have vacation days that you take at the end, can be the cause of serious problems. Be IN korea with a valid visa for the FULL year and you have no worries.
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morrisfletcher



Joined: 21 Oct 2010

PostPosted: Thu Dec 30, 2010 6:38 am    Post subject: Reply with quote

bump

Last edited by morrisfletcher on Fri Dec 31, 2010 2:26 am; edited 1 time in total
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Thu Dec 30, 2010 7:10 am    Post subject: Reply with quote

As long as you stay in korea until the end of your contract, you should be fine. They would have to be ultra-pricks to try to withhold severance (and by that, I mean much worse than your average hagwon owner). You didnt work those first few days so it's not surprising to not be paid for them. But if they attempt to not pay your severance, it is unlikely you would lose if you had to fight it.
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