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PatrickBateman
Joined: 08 Jun 2009
Location: American Gardens Building, West 81st Street
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 Posted: Thu Jul 11, 2013 1:53 am Post subject: Working hours and lunch breaks |
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I searched and found nothing.
What EXACTLY is the law when it comes to lunch recess? Could someone please link me. I had a copy before and I think it said for every four hours, you're given 30 mins of recess. Also, if you're working 8-9 hours a day, is that recess time supposed to be lumped together, or given at the discretion of your boss.
ANY information on this topic would be helpful. Also, the recess time is supposed to be unsupervised, right? I remember reading something about if you work in education, it varies. Could anyone explicitly tell me what the law is on teaching hours/lunch breaks.
PAGING TOMPATZ  |
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PatrickBateman
Joined: 08 Jun 2009
Location: American Gardens Building, West 81st Street
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| Posted: Thu Jul 11, 2013 1:59 am Post subject: |
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| Any physical evidence (Korean or English websites) I can show my director would be helpful. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Jul 11, 2013 2:08 am Post subject: |
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| PatrickBateman wrote: |
| Any physical evidence (Korean or English websites) I can show my director would be helpful. |
You mean article 54 of the labor standards act?
Article 54 (Recess Hours)
(1) An employer shall allow a recess period of more than 30 minutes for every 4 working hours and more than 1 hour for every 8 working hours during the working hours.
(2) A recess period may be freely used by workers.
http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=254&tab=Standards
And the labor board has already established that the "10 minutes breaks between classes" are NOT a recess break since you are required to prepare for the next class and NOT free to use the time to leave and have a meal.
Call them at 1350.
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Last edited by ttompatz on Thu Jul 11, 2013 2:11 am; edited 1 time in total |
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le-paul
Joined: 07 Apr 2009
Location: dans la chambre
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le-paul
Joined: 07 Apr 2009
Location: dans la chambre
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| Posted: Thu Jul 11, 2013 2:10 am Post subject: |
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| ah, you beat me to it while i was c and p-ing! |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Jul 11, 2013 2:13 am Post subject: |
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| le-paul wrote: |
| ah, you beat me to it while i was c and p-ing! |
That is an old and (very) out of date version anyway.
Always best to go to the source (ministry of employment and labor (MOEL)).
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PatrickBateman
Joined: 08 Jun 2009
Location: American Gardens Building, West 81st Street
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| Posted: Thu Jul 11, 2013 2:29 am Post subject: |
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| ttompatz wrote: |
| PatrickBateman wrote: |
| Any physical evidence (Korean or English websites) I can show my director would be helpful. |
You mean article 54 of the labor standards act?
Article 54 (Recess Hours)
(1) An employer shall allow a recess period of more than 30 minutes for every 4 working hours and more than 1 hour for every 8 working hours during the working hours.
(2) A recess period may be freely used by workers.
http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=254&tab=Standards
And the labor board has already established that the "10 minutes breaks between classes" are NOT a recess break since you are required to prepare for the next class and NOT free to use the time to leave and have a meal.
Call them at 1350.
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Ah, where has that been established, if you don't mind me asking.
So If I'm working from 9-6, It's REQUIRED that I get an hour recess, right? Does that recess have to be a full hour continually?
Last time I showed my director this document, he pointed this out:
Article 59 (Special Provisions as to Working and Recess Hours)
(1) With regard to a business which falls under the purview
of any of the following subparagraphs, the employer who has
agreed in writing with the workers' representative may have
the workers work in excess of the twelve hours per week
prescribed in Article 53 (1) or may change the recess hours
under Article 54:
1. Transportation business, goods sales and storage business,
finance and insurance business;
2. Movie production and entertainment business, communication
business, educational study and research business,
advertising business;
3. Medical and sanitation business, hotel and restaurant business,
incineration and cleaning business, barber and beauty
parlor business;
4. Other businesses prescribed by the Presidential Decree in
consideration of the character of a business and public
conveniences
Does teaching at an academy fall under 'educational study'? If so, it does not mean they're allowed to do away with our lunch, does it. It still has to be given, right? |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Thu Jul 11, 2013 3:04 am Post subject: |
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Well did you agree in writing? Look at your contract. As to educational study, hmmm I would say not, but things can always be interpreted differently.
Let me guess you are working at a Kindergarten hagwon. They need you to babysit during the lunch hour. This is why I despise kindy hagwons.
In the end, the law is going to mean nothing if you do not have it backed up with some power. So unless you are willing to fight it out with a lawyer or labor board or even just basic backbone it will come to nothing. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Jul 11, 2013 3:08 am Post subject: |
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educational STUDY AND RESEARCH (they are together between two commas) ... he has a research institute is is studying something that may not allow convenient breaks (timing crystal growth, implanting cloned embryos ...)
NOT a hagwon running classes on a 50 minute schedule..
You win.
Call labor and tell you boss to pee off.
You cannot contract to break the law... not even labor law and there was/is no exception in the case of "schools" with scheduled classes in law or by presidential decree.
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PatrickBateman
Joined: 08 Jun 2009
Location: American Gardens Building, West 81st Street
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| Posted: Thu Jul 11, 2013 3:15 am Post subject: |
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So hypothetically, I call them and tell them the situation. What happens next? Should I fear any repercussions from the academy owner?
@Skippy.
Yes, you're right. We're monitoring the kids during lunch, but I don't have a problem with my kindergarten kids. It's everything else that's a burden.
Thanks ttompatz.
Also, this is on top of teaching overtime(over 30 teaching hours) that I did not want, or ask for. I only found this out AFTER signing my contract what my schedule would be. Not to mention we're supposed to fulfill 10 hours of prep. during a week. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Jul 11, 2013 3:36 am Post subject: |
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| PatrickBateman wrote: |
So hypothetically, I call them and tell them the situation. What happens next? Should I fear any repercussions from the academy owner?
@Skippy.
Yes, you're right. We're monitoring the kids during lunch, but I don't have a problem with my kindergarten kids. It's everything else that's a burden.
Thanks ttompatz.
Also, this is on top of teaching overtime(over 30 teaching hours) that I did not want, or ask for. I only found this out AFTER signing my contract what my schedule would be. Not to mention we're supposed to fulfill 10 hours of prep. during a week. |
What happens next... nothing. over the phone they will simply confirm what I just said (quoting directly from the book).
Nothing will happen unless you go in and actually FILE a complaint against your employer.
IF you actually file a complaint you'll probably get fired over it (even though they may have to manufacture another excuse when they fire you to get around illegal termination of employment issues). This isn't home. You are effectively caught in a lose/lose scenario.
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