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Peter258
Joined: 18 Dec 2009
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 Posted: Sat Oct 29, 2011 7:12 pm Post subject: Can your hagwon force you to take vacation days? |
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| Just curious, can they force you to take them at a certain date? For example,, if there are no classes on one day, the hagwon might want teachers to take the days off. |
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northway
Joined: 05 Jul 2010
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| Posted: Sat Oct 29, 2011 7:29 pm Post subject: |
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| Typically hagwon vacations are taken during school recesses, so yes, they force you. |
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Peter258
Joined: 18 Dec 2009
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| Posted: Sat Oct 29, 2011 7:43 pm Post subject: |
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we all take 3 days off beginning of august, but 7 of the remaining days are the ones we request off.
Last edited by Peter258 on Sun Nov 06, 2011 6:32 am; edited 1 time in total |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Sat Oct 29, 2011 8:39 pm Post subject: |
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You are not really making yourself clear. If you have 10 days, then 5 would be winter, 5 summer. If it is the end of winter or summer, don't be surprised if the school wants you to take them. If you are in the beginning of these two seasons, decide if you want them later. If so, then talk with the school.
Chances are, if they want you to take them earlier, that means they are planning on giving the students a break for a while after a semester and then they will probably come more often for a summer or winter program. The school might be trying to guarantee they have you there to teach for those days.
Last edited by koreatimes on Sat Oct 29, 2011 9:39 pm; edited 1 time in total |
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Peter258
Joined: 18 Dec 2009
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| Posted: Sat Oct 29, 2011 9:02 pm Post subject: |
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our contract says 10 days, but 3 of those days are set in the beginning of august for everyone, so that leaves 7 days that we can request off.
for the past couple months, our schedules were so packed that no one was allowed to get vacation days on mondays or fridays. they told us that instead they could compensate us for unused vacation at the end of our contracts
but next week, there are no classes on thurs and fri, so they are trying to force me to take those days off. they say that if i don't take them, they might not compensate me for unused vacation time. |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Sat Oct 29, 2011 9:47 pm Post subject: |
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| Quote: |
| for the past couple months, our schedules were so packed that no one was allowed to get vacation days on mondays or fridays. they told us that instead they could compensate us for unused vacation at the end of our contracts |
Mentioning 2 months and end of the contract indicates you haven't used 7 vacation days. What were you expecting? You were planning on ending the contract earlier? Now, they want you to work till the end and not give you the vacation time because you waited too long?
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| they say that if i don't take them, they might not compensate me for unused vacation time.Should you be compensated? |
No, you have about 5 vacation days you could try to argue for, but I would just go in and say you need 4, plan out which 4 days you want, ask them and then negotiate with no less than 3.
If the vacation days really matter to you, then you need to learn to use them throughout the contract period. Don't assume you can end a contract period earlier or be compensated at the end for unused vacation days (this includes rolling over unused vacations days into the next contract). |
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Peter258
Joined: 18 Dec 2009
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| Posted: Sat Oct 29, 2011 10:15 pm Post subject: |
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| koreatimes wrote: |
| Quote: |
| for the past couple months, our schedules were so packed that no one was allowed to get vacation days on mondays or fridays. they told us that instead they could compensate us for unused vacation at the end of our contracts |
Mentioning 2 months and end of the contract indicates you haven't used 7 vacation days. What were you expecting? You were planning on ending the contract earlier? Now, they want you to work till the end and not give you the vacation time because you waited too long?
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| they say that if i don't take them, they might not compensate me for unused vacation time.Should you be compensated? |
No, you have about 5 vacation days you could try to argue for, but I would just go in and say you need 4, plan out which 4 days you want, ask them and then negotiate with no less than 3.
If the vacation days really matter to you, then you need to learn to use them throughout the contract period. Don't assume you can end a contract period earlier or be compensated at the end for unused vacation days (this includes rolling over unused vacations days into the next contract). |
no, we wanted to use the vacation time earlier but they wouldn't let us.
btw, I have used 3 days so far, they tried to prevent me from taking those 3 days.
recently, they told us that we are too busy to take vacation, and that they will compensate us for unused vacation instead.....until now, when we have a couple days of no class, they want to force me to take them. and they say if i don't, they will not compensate me for them.
what is your deal? are you a hagwon manager or something? |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Sat Oct 29, 2011 11:10 pm Post subject: |
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| what is your deal? are you a hagwon manager or something? |
No, I am a teacher. I am looking at this from both sides. I understand how you "were" burned before, but that's a change that you handled to their advantage. Now you see something is wrong and it is harder to get what you "were" owed. I'll explain.
1. You have a right to your vacation days as outlined in the contract
2. If it doesn't say you will be paid for unused vacation days, you won't be reimbursed unless the hagwon decides to do it (highly unlikely).
3. If you want vacation days, go in, refuse to work another day until you get your vacation days. Refusing to work will stir the pot and give them a choice. If they fire you then I would go to labor board and complain to them if it is in the contract you get vacation time.
Saying you shouldn't get paid for unused vacation time doesn't mean I am a hagwon owner. |
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Peter258
Joined: 18 Dec 2009
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| Posted: Sat Oct 29, 2011 11:50 pm Post subject: |
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| koreatimes wrote: |
| Quote: |
| what is your deal? are you a hagwon manager or something? |
No, I am a teacher. I am looking at this from both sides. I understand how you "were" burned before, but that's a change that you handled to their advantage. Now you see something is wrong and it is harder to get what you "were" owed. I'll explain.
1. You have a right to your vacation days as outlined in the contract
2. If it doesn't say you will be paid for unused vacation days, you won't be reimbursed unless the hagwon decides to do it (highly unlikely).
3. If you want vacation days, go in, refuse to work another day until you get your vacation days. Refusing to work will stir the pot and give them a choice. If they fire you then I would go to labor board and complain to them if it is in the contract you get vacation time.
Saying you shouldn't get paid for unused vacation time doesn't mean I am a hagwon owner. |
one thing I left out -
I have already completed my contract. I have an f4 visa. I agreed to stay an extra couple months, but I didn't sign any new contract. Basically, I am working without a contract right now. I've already been paid my severance.
before I finished my contract, they were trying to prevent me from taking days off, saying "oh since you are staying a little longer you can take your days off in the end".
Last edited by Peter258 on Sun Oct 30, 2011 12:03 am; edited 1 time in total |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Sat Oct 29, 2011 11:52 pm Post subject: |
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| So, what am I supposed to say to that? You have nothing to enforce. |
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Peter258
Joined: 18 Dec 2009
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| Posted: Sun Oct 30, 2011 12:04 am Post subject: |
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edit
Last edited by Peter258 on Sun Nov 06, 2011 6:33 am; edited 1 time in total |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Sun Oct 30, 2011 1:21 am Post subject: |
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| umm, I am telling you that this hagwon doesn't let people take vacation. |
Then you leave. You don't work for them for a year and then ask for vacation 
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| so what if they keep denying vacation, then the person's contract ends? |
They can only keep denying if you allow them to. If you walk away, they can't deny you any longer. The power is in your hands before the contract period is up. After that, you have all the vacation time you want, well over 10 days at one go 
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| they aren't responsible anymore? |
If you have a contract or something in writing you might want to pursue it. Common sense would say don't work on vacation days if you are that serious about using them. I take breaks between schools, so I don't really worry about scheduling these things. I also try to negotiate 4 day work weeks so I get a longer weekend. This is more favorable than trying to fight for vacation days when you want. When the weekend is good, no snow, no rain, and it's not crowded, go out traveling and have a good time. Korea is a small country, you can easily get somewhere within 5 hours, spend a day or two and return. You don't really need vacation days honored with a Korean contract unless you want to travel outside the country, which you could just do between contracts instead.
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| they have nothing to enforce either. I can do whatever the ____ I want. |
I don't know what you are entitled to with an F visa, but if you got it without needing them, then yea it looks like it. You already said you don't have a contract. Get your last pay and say goodbye. That's what they are waiting for. You have already been used. |
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sing81
Joined: 09 Apr 2011
Location: USA
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| Posted: Sun Oct 30, 2011 9:29 am Post subject: |
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| Peter258 wrote: |
| what is your deal? are you a hagwon manager or something? |
Yes, he is a poser. I don't know why but there are a couple of Koreans on here pretending to be native speakers, but their English is always off and they give themselves away. What is their purpose I don't know? But this board is not for you, if you are not going to contribute in a polite and helpful manner. |
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Gorf
Joined: 25 Jun 2011
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| Posted: Sun Oct 30, 2011 9:40 am Post subject: |
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| Be happy you're being forced. Mine doesn't actually give them to us. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Sun Oct 30, 2011 10:50 am Post subject: |
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| Peter258 wrote: |
our contract says 10 days, but 3 of those days are set in the beginning of august for everyone, so that leaves 7 days that we can request off.
for the past couple months, our schedules were so packed that no one was allowed to get vacation days on mondays or fridays. they told us that instead they could compensate us for unused vacation at the end of our contracts
but next week, there are no classes on thurs and fri, so they are trying to force me to take those days off. they say that if i don't take them, they might not compensate me for unused vacation time. |
| Quote: |
one thing I left out -
I have already completed my contract. I have an f4 visa. I agreed to stay an extra couple months, but I didn't sign any new contract. Basically, I am working without a contract right now. I've already been paid my severance.
before I finished my contract, they were trying to prevent me from taking days off, saying "oh since you are staying a little longer you can take your days off in the end". |
The contract is what you and your employer should go by. It's typical that the school either sets the vacation days or limits your choices. However, if your contract states that your employer has 3 set days and has used them then you should be able to choose, within the limits of days you can't have.
Vacation is a difficult benefit to manage since a business needs to keep operating in the absence of its worker(s). Temps are sometimes used, but are generally not available for Foreign teacher spots in Korea. In the US it's common that you can take no days during your first year, but that you will earn vacation during that year to be used in the second year. There are many businesses that close and give everyone the same days off. There are many others that allow you to choose, but you have to put in a request. Some time periods are busy - no vacation allowed, and other time periods are limited with prefernce by seniority usually.
Since you have already gone past the end of your contract, however, you should try to get cash compensation for the vacation days you haven't used. Two of those are coming up - your forced vacation days.
I say that two of those are coming, because it's not clear whether you are still working under your old contract or no contract at all. Did you sign a new contract or an extension?
So, if you have no contract your employer can assign any days he wants. But you have an F4 visa meaning you are free to leave any time you want.
The matter of 2 days - especially since you won't be working but will be paid - is too small to fight about even in small claims court. What damages could you hope to win? The court could decide that you are correct but have been paid enough. Even an extra two days' pay isn't worth the battle.
What you really need to do is settle up with your school for all unpaid amounts, such as vacation days, as well as come to some agreement as to a contract to cover your continuing employment. If you can't come to reasonable terms you are truly free to leave - F4 and no contract, means no Immi problems and no contract problems if you leave. This means that you have quite a bit of leverage in an extension contract negotiation. |
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