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mandatory overtime law?

 
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bbud656



Joined: 15 Jun 2010

PostPosted: Wed Aug 28, 2013 3:04 am    Post subject: mandatory overtime law? Reply with quote

Does anyone know the law when it comes to overtime? Do I have to work it?
My contract has a clause that says something along the lines of "must work overtime if requested to." I don't want to be there all night even if they are paying me.
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andrewchon



Joined: 16 Nov 2008
Location: Back in Oz. Living in ISIS Aust.

PostPosted: Wed Aug 28, 2013 3:58 am    Post subject: Reply with quote

Whether it's the law or not isn't the right question to ask really. Think about it, did trade unions not go on a strike because it was against the law? No, they went on strike anyway. You are not going to work overtime just because it's the law. No, you're going to work overtime because it is your pleasure. If you no longer care about the welfare of the organization that employs you, then don't do the overtime. Period. Sounds like you don't need the money and can get a job elsewhere anyway. Cool
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Wed Aug 28, 2013 4:07 am    Post subject: Reply with quote

Quote:
Sounds like you don't need the money and can get a job elsewhere anyway.


Slippery slope conclusion.

Quote:
Does anyone know the law when it comes to overtime? Do I have to work it?


If you read this sentence only, I conclude with the first replier, but.....

Quote:
I don't want to be there all night even if they are paying me.


This implies you are working long hours and then overtime. I understand your plight.

Talk to them, what do they say? More later.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Wed Aug 28, 2013 4:38 am    Post subject: Re: mandatory overtime law? Reply with quote

bbud656 wrote:
Does anyone know the law when it comes to overtime? Do I have to work it?
My contract has a clause that says something along the lines of "must work overtime if requested to." I don't want to be there all night even if they are paying me.


Read your contract and read the Labor Standards Act.
http://www.moleg.go.kr/english/korLawEng?pstSeq=57978&rctPstCnt=3&searchCondition=AllButCsfCd&searchKeyword=Labor+Standards+Act

Pay Attention the Chapter IV.

No employer can force you to work, but no employer is obligated to keep on an employee who is not going to do the job.

Another point, hagwons can not be open past a certain time and highly doubt they will be open late night.

Why not ask the school about the overtime. The overtime clause might be more about covering during busy times like summer or winter intensives.
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NYC_Gal 2.0



Joined: 10 Dec 2010

PostPosted: Wed Aug 28, 2013 4:46 am    Post subject: Reply with quote

If you work at a public school, most contracts state that, if requested, you must work up to the first 4 hours of overtime, though you get paid the extra wage (I think it was 20k when I worked in PS). Anything over that you can refuse. These overtime hours are supposed to be during work hours, though (so they would be overtime in the sense of teaching extra hours, not staying there later).

Not sure about elsewhere.
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bbud656



Joined: 15 Jun 2010

PostPosted: Wed Aug 28, 2013 6:00 am    Post subject: Reply with quote

My time is more important to me than a little bit of money. My contract is extremely vague and just says basically "you will do whatever we ask you to." My regular job is fine. I have been doing the overtime classes for about 6 months now. They are constantly changing things (larger classes, no level testing, more lesson plans, younger kids, etc) and the deal is no longer the same as what I agreed to. I Just wanted to know if they can fire me if I refuse to work more than my contracted hours. Its about 6 hours a week teaching, but a lot more than that planning. I could drone on about how ridiculous the situation is, but im sure you can imagine what a hagwon run by greedy incompetent people is like. For the record, my normal job is great, they just opened up a pseudo hagwon after hours and make me prop it up.
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NYC_Gal 2.0



Joined: 10 Dec 2010

PostPosted: Wed Aug 28, 2013 6:12 am    Post subject: Reply with quote

Oh, it's a hagwon. Yeah screw that unless you want the money.
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bbud656



Joined: 15 Jun 2010

PostPosted: Wed Aug 28, 2013 11:26 am    Post subject: Reply with quote

It's not really a hagwon. My contract is closer to a university (affiliated), however, my director decided to expand and do a separate program 'afterschool' type thingy. It's all through verbal agreements, they didn't write up a new contract or anything. They won't break the law, but they really want me to do this program, so me quitting would put them in hardcore spite mode. I can handle that, but if it is grounds for termination, I don't want to deal with that and then be forced to keep doing it all while they hate me for trying to get out of it.
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NYC_Gal 2.0



Joined: 10 Dec 2010

PostPosted: Wed Aug 28, 2013 2:55 pm    Post subject: Reply with quote

If they are hours you haven't worked before, maybe you could try apologizing when you say that you've paid in advance for several months of Korean lessons during those hours.

I don't know, really. It depends on how much you like the job, and how much of a bother it will be to get a different one (visa documents, etc).
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Aug 28, 2013 5:52 pm    Post subject: Re: mandatory overtime law? Reply with quote

Skippy wrote:
[q

Another point, hagwons can not be open past a certain time and highly doubt they will be open late night.




Except that SO many hakwons break the law in that regard and have students studying until 12 midnight or later, that the government has a special task force dedicated to tracking down these hakwons.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Wed Aug 28, 2013 8:54 pm    Post subject: Re: mandatory overtime law? Reply with quote

TheUrbanMyth wrote:
Skippy wrote:


Another point, hagwons can not be open past a certain time and highly doubt they will be open late night.




Except that SO many hakwons break the law in that regard and have students studying until 12 midnight or later, that the government has a special task force dedicated to tracking down these hakwons.


Yep, called Korean moms! Korean finds a school willing to break the rules, they can turn them in for money!

Can you get fired for not working? Why, yes you can. If the school/program feels like they are not getting their monies worth, they can find a way to let you go. They might go abrupt or even just simple and lega, where they give you notice of 30 days. Heck they can find excuses of your incompetence and fire you.

There will have to be some give and take. You might have to bend over and take some damage. But it is you who will be the one who decides how much. Also understand laws are not automatic? Your school can give you more hours, but no superhereo called Labor Board Man is going to come swooping down and saving you. The only person who will fight your legal battles for you is you. Just understand if you start legal proceeding you can expect things to get worse. Stand up for yourself.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Thu Aug 29, 2013 7:02 am    Post subject: Re: mandatory overtime law? Reply with quote

TheUrbanMyth wrote:
Skippy wrote:
[q

Another point, hagwons can not be open past a certain time and highly doubt they will be open late night.




Except that SO many hakwons break the law in that regard and have students studying until 12 midnight or later, that the government has a special task force dedicated to tracking down these hakwons.



There is a rule in Seoul (and a few other places) that requires hogwans to close by 10pm. However, this is a local rule, so in other parts of Korea the required closing time is later or there is no rule at all.
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