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Judogrl
Joined: 09 Dec 2011
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 Posted: Fri Dec 09, 2011 6:44 pm Post subject: Hagwon boss vs recruiter |
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| Hi, I just arrived from the States, and I received a payday. On this payday, my first two weeks that I worked, I was only paid half of my salary and my boss said that he had already spoken with my recruiter who claims to have had this discussion with me. I did not. Also, when I signed up for the job, my recruiter told me that I would have 5 vacation days. I am not sure what that means for the rest of the world, but I was thinking 5 regular (M-F) days. My recruiter emailed me to apologize saying that he messed up and didn't realize that it meant 3 working days plus 2 weekend. The recruiter told me that he just copied and pasted since most hagwons are the same. What do I do? Is there anything I can do about the pay or vacation? It appears that both my boss and my recruiter are on the same side and I am over on the other side by myself. |
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BananaBan
Joined: 16 Nov 2011
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| Posted: Fri Dec 09, 2011 7:09 pm Post subject: |
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| in your contract, did it specifically say that your 5 vacation days excluded weekends? |
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Judogrl
Joined: 09 Dec 2011
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| Posted: Fri Dec 09, 2011 7:27 pm Post subject: Nope |
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| In my contract it doesn't even specify vacation days. During many conversations, the recruiter told me that I would have 5 vacation day. It was part of the job description. |
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Son Deureo!
Joined: 30 Apr 2003
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| Posted: Fri Dec 09, 2011 7:50 pm Post subject: |
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So because you arrived halfway into the month, you're only being paid for the two weeks you worked? Or is there something else going on here that I'm missing?
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| in your contract, did it specifically say that your 5 vacation days excluded weekends? |
This is just ridiculous. As long as your contract precludes you from working weekends normally, there's no way your 5 vacation days should be including Saturday or Sunday.
I can just see the hogwon ads now... "104 days paid vacation!!!!!!" |
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northway
Joined: 05 Jul 2010
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| Posted: Fri Dec 09, 2011 8:36 pm Post subject: |
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| Son Deureo! wrote: |
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| in your contract, did it specifically say that your 5 vacation days excluded weekends? |
This is just ridiculous. As long as your contract precludes you from working weekends normally, there's no way your 5 vacation days should be including Saturday or Sunday.
I can just see the hogwon ads now... "104 days paid vacation!!!!!!" |
Except the OP signed a contract that didn't say a word about vacation:
| Judogrl wrote: |
| In my contract it doesn't even specify vacation days. |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Fri Dec 09, 2011 8:45 pm Post subject: |
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| I just arrived from the States |
Seems like we are going off on tangents here. You just arrived, so technically you wouldn't be using any vacation days now.
Half your salary would then represent something else, are they trying to use that as a security deposit? That would be 1/4 your monthly salary.
Now, for vacation days, when do you work? If they have you work Saturdays, then it is possible to apply 5 days including weekend days.
Do you have a specific reason to not want to apply a weekend day? You should have brought this up before you sent the recruiter your documents. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Dec 09, 2011 9:32 pm Post subject: |
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| northway wrote: |
| Son Deureo! wrote: |
| Quote: |
| in your contract, did it specifically say that your 5 vacation days excluded weekends? |
This is just ridiculous. As long as your contract precludes you from working weekends normally, there's no way your 5 vacation days should be including Saturday or Sunday.
I can just see the hogwon ads now... "104 days paid vacation!!!!!!" |
Except the OP signed a contract that didn't say a word about vacation:
| Judogrl wrote: |
| In my contract it doesn't even specify vacation days. |
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Then it would be governed by the labor standards act.
The same would be true for the withheld deposit.
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Last edited by ttompatz on Fri Dec 09, 2011 9:35 pm; edited 1 time in total |
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Son Deureo!
Joined: 30 Apr 2003
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| Posted: Fri Dec 09, 2011 9:34 pm Post subject: |
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| northway wrote: |
| Son Deureo! wrote: |
| Quote: |
| in your contract, did it specifically say that your 5 vacation days excluded weekends? |
This is just ridiculous. As long as your contract precludes you from working weekends normally, there's no way your 5 vacation days should be including Saturday or Sunday.
I can just see the hogwon ads now... "104 days paid vacation!!!!!!" |
Except the OP signed a contract that didn't say a word about vacation:
| Judogrl wrote: |
| In my contract it doesn't even specify vacation days. |
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Good point.
At the end of the day, any conversations you had with your recruiter are meaningless once you've signed the contract. Just like in the US, oral promises leading to a written contract are trumped by what's in the written contract once it's been signed. |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Fri Dec 09, 2011 9:37 pm Post subject: |
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| Confusing post. So you got paid early not a month later after your first day? Plus I call BS on the recruiter - sounds like a little bit of bait and switch. The recruiter introduced you to the school, it was all up to you to check it out and ask questions. The recruiter will keep you happy for another month or two then he will not care about you. He has a period of where the school hold his fee. |
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Judogrl
Joined: 09 Dec 2011
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| Posted: Sat Dec 10, 2011 12:44 am Post subject: |
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| Son Deureo! wrote: |
So because you arrived halfway into the month, you're only being paid for the two weeks you worked? Or is there something else going on here that I'm missing?
I arrived halfway through the month so I am being paid 50% less for each of those days because I was told that they were training days even though I was teaching.
| Quote: |
| in your contract, did it specifically say that your 5 vacation days excluded weekends? |
My contract precludes me from working weekends, and my recruiter apologized, but he said that he messed it up. I don't know what to do about that at this point.
This is just ridiculous. As long as your contract precludes you from working weekends normally, there's no way your 5 vacation days should be including Saturday or Sunday.
I can just see the hogwon ads now... "104 days paid vacation!!!!!!" |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Sat Dec 10, 2011 1:21 am Post subject: |
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| My contract precludes me from working weekends, and my recruiter apologized, but he said that he messed it up. I don't know what to do about that at this point. |
I would talk with the school. See if they are at least in agreement with you. If they oppose, ask them why 3 days for vacation only. If they say it's 5 days, then ask about the weekend overlapping 2 days you don't have to work.
See how much common sense they are willing to use. If none, I would consider leaving after 6 months or earlier at your convenience. Get new documents and don't make the same mistake again. |
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Judogrl
Joined: 09 Dec 2011
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| Posted: Sat Dec 10, 2011 8:44 am Post subject: 6 months |
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| Ok, so the problem with 6 months is that my contract states that if I leave before 1 year, I have to pay back the cost of my initial flight over. I don't think that there is a way around that. |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Sat Dec 10, 2011 9:17 am Post subject: Re: 6 months |
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| Judogrl wrote: |
| Ok, so the problem with 6 months is that my contract states that if I leave before 1 year, I have to pay back the cost of my initial flight over. I don't think that there is a way around that. |
Personally, I wouldn't care. Get your last pay and leave. That simple. Stop putting yourself in the victim chair. That's why I said 6 months or earlier.
1. Have you spoken with the hagwon yet? Yes or No
2. Are they being reasonable and allowing you to take 7 days in summer and 7 days in winter? Yes or No
What I meant by 7 is that you should get 5 days off for your vacation days, and then 2 would be weekend days. It doesn't have to be a Saturday and a Sunday. If you are working 5 days now, there are 2 days you aren't. Those I am calling weekend days.
Morally speaking, you should wait until you would use one of your 7 day vacation blocks. Simply spell out when you want vacation time without talking about the number of days. When you agree on a starting date (they might limit it to 5 days), ask them if you can have 7 as outlined above. That's it, no more negotiation. They can choose to give you the 2 days and say yes, but if they say no, you can choose to pack up and leave at your convenience.
If you leave, get new documents, and do the visa process over again. You don't have to be glued to this job. If they are not being reasonable, then you shouldn't have to feel obligated to stay. I would stay up until the point where they can make the last minute decision to give you 7 days, and then after that it's their loss. They did it to themselves. Again, don't play the victim. They will just take advantage of you. |
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Judogrl
Joined: 09 Dec 2011
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| Posted: Sat Dec 10, 2011 5:03 pm Post subject: New visa document |
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| I haven't had a chance to speak to my boss yet. I am going to do that on Monday. To get new documents and change my visa, don't I have to leave the country for that? Or can I just head up to Seoul and change it there? I'm still not entirely clear on the laws concerning that. |
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northway
Joined: 05 Jul 2010
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| Posted: Sat Dec 10, 2011 5:13 pm Post subject: |
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| Koreatimes: I don't think the school is being unreasonable if there was nothing in the contract about vacation. |
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