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PatrickBateman
Joined: 08 Jun 2009
Location: American Gardens Building, West 81st Street
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 Posted: Sun Sep 22, 2013 5:00 am Post subject: School is making the staff work on Hangul Day... |
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1. Is this legal? It clearly states in our contracts we will be given all Korean holidays off.
2. We're not being paid any extra money for going in, or getting an extra holiday.
As a staff, do we have any rights, options?
(Yes, someone will suggest we just don't go into work....)
Thanks ^^ |
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12ax7
Joined: 07 Nov 2009
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| Posted: Sun Sep 22, 2013 5:50 am Post subject: |
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| It's been reinstated as a public holiday. We have the day off. |
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Stan Rogers
Joined: 20 Aug 2010
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| Posted: Sun Sep 22, 2013 6:03 am Post subject: |
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| At my school it is a holiday for the staff, but for the teachers it isn't a real holiday because the teachers have to do a make up class. |
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Nolos
Joined: 23 Oct 2011
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| Posted: Sun Sep 22, 2013 6:25 am Post subject: |
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| The Korean thinking towards working on days that should be off is pathetic. Like if you're not working, you're dying sort of thinking. Take a break you uptight culture! Lames. |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Sun Sep 22, 2013 8:34 am Post subject: |
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| Nolos wrote: |
| The Korean thinking towards working on days that should be off is pathetic. Like if you're not working, you're dying sort of thinking. Take a break you uptight culture! Lames. |
Because of the recent change back to being a red day there is confusion on how to treat it.
I think there will be some confusion about Hangul Day and hagwons. They can expect to be working on that day. Public school teachers should expect the day off. Wrap in the parents wanting little EunJee or ShiEun out of the way for the day is one reason why.
As to not being paid overtime, I think that is a crock. At least a day off later should be done.
I have learned not to assume when these kind of situations come up. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Sun Sep 22, 2013 11:27 am Post subject: |
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| Skippy wrote: |
| Nolos wrote: |
| The Korean thinking towards working on days that should be off is pathetic. Like if you're not working, you're dying sort of thinking. Take a break you uptight culture! Lames. |
Because of the recent change back to being a red day there is confusion on how to treat it. |
The confusion is compounded by the fact that calendars were printed without changing October ninth to a red day. So, many people are still unaware that it is actually an official holiday. Our wonjangnim informed us that it is indeed a holiday at the beginning of the year even though all the calendars say otherwise.
I expect that quite a few students will show up, surprised to find the school closed. Our students love to study and most come on their off days when they don't have class to take avantage of our English resources and library. |
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faeriehazel
Joined: 04 Mar 2008
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| Posted: Sun Sep 22, 2013 3:29 pm Post subject: |
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| The kids will definitely know it's a holiday, since they won't have any school that day. I doubt the hakwons will take the day off. We worked most red days at all the hakwons I've worked at. |
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jvalmer
Joined: 06 Jun 2003
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| Posted: Sun Sep 22, 2013 7:01 pm Post subject: |
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| For a private business there usually is no obligation to give your employees the day off. But it does make sense to give the day off for employees' moral. |
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beentheredonethat777
Joined: 27 Jul 2013
Location: AsiaHaven
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| Posted: Sun Sep 22, 2013 7:40 pm Post subject: |
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I'm surprised to hear so many replies about teachers being required to work on National Holidays.
I have worked at several hogwans in Korea and have never been forced, asked, or even expected to work on these days. I am only now beginning to realize that perhaps some of my old schools weren't as bad as I had originally thought. |
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PatrickBateman
Joined: 08 Jun 2009
Location: American Gardens Building, West 81st Street
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| Posted: Sun Sep 22, 2013 7:43 pm Post subject: |
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| So there's no contractual obligation? It states that we will get ALL Korean holidays off. |
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beentheredonethat777
Joined: 27 Jul 2013
Location: AsiaHaven
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| Posted: Sun Sep 22, 2013 8:00 pm Post subject: |
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| PatrickBateman wrote: |
| So there's no contractual obligation? It states that we will get ALL Korean holidays off. |
Yes! There is a contractual obligation and HONEST employers will do their best to uphold it. Pension, Health insurance, flight pay, housing, etc. . are also mentioned in most contracts. But, hundreds of teachers are shafted every year and cheated out of wages, overtime, flight money,: even though these things WERE mentioned in the contract.
Here's the tricky part PatrickBateman, contracts mean ALMOST nothing in Korea. Are you from America? If so, DISREGARD every and any idea you have about contracts. They don't carry the same weight. In fact, they're almost WEIGHTLESS. Word of mouth weighs a TON, written words weigh less than the paper upon which they are written.
You could force your hand and inform your boss that you'll be taking the day off. However, you could also reasonably expect to get fired, pay docked, written up, lied on, reported to immigration, shunned, treated badly from this day forward, swindled, tricked or whatever
your employer deems necessary as a form of retaliation for messing with the cohesiveness of the work place.
EDIT: I just re -read your post, what kind of staff is it? And now I realize you aren't a newbie. Disregard info, but I'll leave it here for someone else to read. Thanks |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Mon Sep 23, 2013 3:38 pm Post subject: |
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| beentheredonethat777 wrote: |
Here's the tricky part PatrickBateman, contracts mean ALMOST nothing in Korea. Are you from America? If so, DISREGARD every and any idea you have about contracts. They don't carry the same weight. In fact, they're almost WEIGHTLESS. Word of mouth weighs a TON, written words weigh less than the paper upon which they are written.
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Completely untrue. Contracts are just as valid as back home. Because an EMPLOYER is dishonest does not mean that he can simply ignore his obligations. For example the labor board takes a very dim view of 11th month firings.
If a contract is properly written out it can and will be enforced...one has to be persistent and be aware of his or her options.
This idea that contracts mean nothing in Korea is a myth. A rumor spread by people who either are unaware of or simply too scared to go to the labor board/relevant authorities. But once again a dishonest employer is a different kettle of fish than "contracts mean nothing."
Plenty of people have taken their employer to the labor board over violations of the contract and won. That alone invalidates this claim.
Last edited by TheUrbanMyth on Mon Sep 23, 2013 5:00 pm; edited 1 time in total |
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faeriehazel
Joined: 04 Mar 2008
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| Posted: Mon Sep 23, 2013 4:15 pm Post subject: |
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| To the OP: Have you directly asked someone the question "Why are you making us work on a public holiday?" and then pointed out that it's in breach of your contract? |
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Ranman
Joined: 18 Aug 2012
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| Posted: Mon Sep 23, 2013 9:09 pm Post subject: |
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| beentheredonethat777 wrote: |
| PatrickBateman wrote: |
| So there's no contractual obligation? It states that we will get ALL Korean holidays off. |
Yes! There is a contractual obligation and HONEST employers will do their best to uphold it. Pension, Health insurance, flight pay, housing, etc. . are also mentioned in most contracts. But, hundreds of teachers are shafted every year and cheated out of wages, overtime, flight money,: even though these things WERE mentioned in the contract.
Here's the tricky part PatrickBateman, contracts mean ALMOST nothing in Korea. Are you from America? If so, DISREGARD every and any idea you have about contracts. They don't carry the same weight. In fact, they're almost WEIGHTLESS. Word of mouth weighs a TON, written words weigh less than the paper upon which they are written.
You could force your hand and inform your boss that you'll be taking the day off. However, you could also reasonably expect to get fired, pay docked, written up, lied on, reported to immigration, shunned, treated badly from this day forward, swindled, tricked or whatever
your employer deems necessary as a form of retaliation for messing with the cohesiveness of the work place.
EDIT: I just re -read your post, what kind of staff is it? And now I realize you aren't a newbie. Disregard info, but I'll leave it here for someone else to read. Thanks |
Contracts may mean nothing to do the hagwon itself, but they mean everything to the Labor Board, who WILL enforce what's written on them. That or the hagwon can take penalties for it. |
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12ax7
Joined: 07 Nov 2009
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| Posted: Tue Sep 24, 2013 2:38 am Post subject: |
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| beentheredonethat777 wrote: |
| PatrickBateman wrote: |
| So there's no contractual obligation? It states that we will get ALL Korean holidays off. |
Yes! There is a contractual obligation and HONEST employers will do their best to uphold it. Pension, Health insurance, flight pay, housing, etc. . are also mentioned in most contracts. But, hundreds of teachers are shafted every year and cheated out of wages, overtime, flight money,: even though these things WERE mentioned in the contract.
Here's the tricky part PatrickBateman, contracts mean ALMOST nothing in Korea. Are you from America? If so, DISREGARD every and any idea you have about contracts. They don't carry the same weight. In fact, they're almost WEIGHTLESS. Word of mouth weighs a TON, written words weigh less than the paper upon which they are written.
You could force your hand and inform your boss that you'll be taking the day off. However, you could also reasonably expect to get fired, pay docked, written up, lied on, reported to immigration, shunned, treated badly from this day forward, swindled, tricked or whatever
your employer deems necessary as a form of retaliation for messing with the cohesiveness of the work place.
EDIT: I just re -read your post, what kind of staff is it? And now I realize you aren't a newbie. Disregard info, but I'll leave it here for someone else to read. Thanks |
I beg to differ. You can bring someone to court for breach of contract (a pain in the butt, but it can be done). In the case of a labor dispute, you deal with the labor board. If a contract is notarized, it's good as gold as long as it follows the law. |
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