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Porksta
Joined: 05 May 2011
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 Posted: Sun Nov 03, 2013 8:26 pm Post subject: Question About Leaving Early |
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I have worked at my job for a year and a few months. After the first year I resigned for another year. If I were to leave now, be it quitting or getting fired, would I forfeit the plane ride home?
In terms of breaks, you are given one hour or so for every 8 hours worked a day. Can the break be spread out over the day as in 10 minutes in between classes or it must be given in one block? I know planning time is separate, so does that mean no work at all during that break? What if I have work that can only be finished by using my break time? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Nov 03, 2013 9:03 pm Post subject: Re: Question About Leaving Early |
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| Porksta wrote: |
I have worked at my job for a year and a few months. After the first year I resigned for another year. If I were to leave now, be it quitting or getting fired, would I forfeit the plane ride home?
In terms of breaks, you are given one hour or so for every 8 hours worked a day. Can the break be spread out over the day as in 10 minutes in between classes or it must be given in one block? I know planning time is separate, so does that mean no work at all during that break? What if I have work that can only be finished by using my break time? |
Airfare is strictly a contractual matter. It depends on what your contract says.
Breaks on the other hand ARE covered under labor law.
www.moel.go.kr/english/download_eng.jsp?type=&file=(31)LABORSTANDARDSACT_2012.pdf (article 54)
http://www.moel.go.kr/english/poli/poliLaw.jsp?tab=6
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Porksta
Joined: 05 May 2011
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| Posted: Sun Nov 03, 2013 9:18 pm Post subject: |
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Yes I am aware they are covered by labor law, which is why I asked about the spacing of the recess period.
If I have a lot of work to do, but not enough office time to do it, do I then have to complete it in my recess period (or take it home)? Or is it just "you don't give me enough office time to do it, so it gets done whenever?" |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Sun Nov 03, 2013 9:44 pm Post subject: |
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| Quote: |
| If I have a lot of work to do, but not enough office time to do it, do I then have to complete it in my recess period (or take it home)? Or is it just "you don't give me enough office time to do it, so it gets done whenever?" |
I don't know why you are looking at it this way.
| Quote: |
| I know planning time is separate, so does that mean no work at all during that break? What if I have work that can only be finished by using my break time? |
If it is your break you can do whatever you want.
Let's rewind, you are talking about several things that don't have to go together.
1) Airfare - Usually you work 6 months and don't have to pay it back. Complete a year and you should get airfare home. This is just a guideline, your actual agreement is between you and your employer.
2) You should get a 1 hour break. Leave the building, return one hour later. If they don't like it, find another school.
3) You are responsible for planning lessons. I make it a point to never give them office hours and plan everything at home. If your schedule is one where you have an hour between classes and it is not a break hour, then you may want to do lesson planning then. I don't take those kind of jobs but there is nothing wrong with them.
It's not "it gets done whenever (by me)", it is you will get it done in a timely manner for them.
You need to learn that even though this might feel like a low rung service job, you are still the one providing them a service and being compensated for it. You aren't a student doing homework "whenever"  |
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nicwr2002
Joined: 17 Aug 2011
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| Posted: Mon Nov 04, 2013 5:59 pm Post subject: |
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| Porksta wrote: |
Yes I am aware they are covered by labor law, which is why I asked about the spacing of the recess period.
If I have a lot of work to do, but not enough office time to do it, do I then have to complete it in my recess period (or take it home)? Or is it just "you don't give me enough office time to do it, so it gets done whenever?" |
To add to what YTMND said about doing work. Welcome to salaried work! If you can't complete something while at work, then you will have to take it home. It's not like hourly work, where work only when you are "on the clock." |
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mayorhaggar
Joined: 01 Jan 2013
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| Posted: Mon Nov 04, 2013 11:36 pm Post subject: Re: Question About Leaving Early |
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We're not Koreans though, does that stuff apply to us? I'll check my contract later, I don't think it says anything about a 30 or 60 minute break, and refers to your school's schedule.
Also if that did apply, do you have to be working over 8 hours to get the 1 hour break, or does it count as your 8th hour so you'd get the 1 hour break if you're there from 9 to 5? Or would you have to be there 8 to 5 to get the hour off? |
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mayorhaggar
Joined: 01 Jan 2013
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| Posted: Tue Nov 05, 2013 11:09 pm Post subject: |
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Checked my contract.
It says I work 8 hours a day, and the work hours "may follow the normal work schedule of Korean teachers." Nothing about a break.
My question is again whether that labor code even applies to us and supersedes the contract. If so, my second question is...that mandated break is unpaid right? So I'd have to work 8:30 to 5 to get a 30 minute unpaid break, right? I work 9 to 5 and have been told I can't leave the premises at lunch. Other teachers at other schools in town also work 9 to 5 and can do whatever they want during lunch. Generally I don't mind eating at my desk but I do need to go to the bank now and then, and it would be nice to go to PB now and then to grab a sandwich. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Nov 06, 2013 2:12 am Post subject: |
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| mayorhaggar wrote: |
Checked my contract.
It says I work 8 hours a day, and the work hours "may follow the normal work schedule of Korean teachers." Nothing about a break.
My question is again whether that labor code even applies to us and supersedes the contract. If so, my second question is...that mandated break is unpaid right? So I'd have to work 8:30 to 5 to get a 30 minute unpaid break, right? I work 9 to 5 and have been told I can't leave the premises at lunch. Other teachers at other schools in town also work 9 to 5 and can do whatever they want during lunch. Generally I don't mind eating at my desk but I do need to go to the bank now and then, and it would be nice to go to PB now and then to grab a sandwich. |
Yes, the labor standards acts supersede the contract and you CANNOT contract for less than the labor acts allow (by law).
AND YES, the labor standards acts apply to you.
And yes, it states that you are free to use the time any way you want.
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Porksta
Joined: 05 May 2011
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| Posted: Wed Nov 06, 2013 7:08 am Post subject: |
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| But again, is it one uninterrupted hour? Do breaks between classes count? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Nov 06, 2013 5:35 pm Post subject: |
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| Porksta wrote: |
| But again, is it one uninterrupted hour? Do breaks between classes count? |
No, they do not.
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mayorhaggar
Joined: 01 Jan 2013
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| Posted: Wed Nov 06, 2013 11:39 pm Post subject: |
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Again, is this recess time paid or unpaid?
Again, if I'm working 9 to 5 and want to get paid for those 8 hours do I have to waive a break if I don't want to come in at 830 or leave at 530, or do I get the break anyway, and is it paid or unpaid? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Nov 07, 2013 12:58 am Post subject: |
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| mayorhaggar wrote: |
Again, is this recess time paid or unpaid?
Again, if I'm working 9 to 5 and want to get paid for those 8 hours do I have to waive a break if I don't want to come in at 830 or leave at 530, or do I get the break anyway, and is it paid or unpaid? |
They are required to give you a break.
Paid or unpaid is negotiable since it is not a "class hour".
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Thu Nov 07, 2013 2:27 am Post subject: |
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| Quote: |
| Again, if I'm working 9 to 5 and want to get paid for those 8 hours do I have to waive a break if I don't want to come in at 830 or leave at 530, or do I get the break anyway, and is it paid or unpaid? |
9-12 = 3 hours
1-5 = 4 hours
7 hours total
Do not look at this as an hourly thing. You will lose.
Instead, look at it as weekly classes. If you teach 20-25 classes, this is normal. Your schedule is 28 at worst. So, what you are talking about is at most a difference of 3 classes. Not enough ammo to make an argument.
Look at your salary, if you are getting 2.1 or more you are in a good position if your classes are ok so far. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Thu Nov 07, 2013 6:54 am Post subject: |
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| mayorhaggar wrote: |
Checked my contract.
It says I work 8 hours a day, and the work hours "may follow the normal work schedule of Korean teachers." Nothing about a break.
My question is again whether that labor code even applies to us and supersedes the contract. If so, my second question is...that mandated break is unpaid right? So I'd have to work 8:30 to 5 to get a 30 minute unpaid break, right? I work 9 to 5 and have been told I can't leave the premises at lunch.
Other teachers at other schools in town also work 9 to 5 and can do whatever they want during lunch. Generally I don't mind eating at my desk but I do need to go to the bank now and then, and it would be nice to go to PB now and then to grab a sandwich. |
Do you have time to eat lunch, outside of class? Is it 30 min or even 60 min?
Lunchtime is your required break. It satisfies the requirement if you get at least 30 min.
The requirement is a 30 min break if you work 4 hours or more. If you happen to eat a meal during your break does not mean that it isn't a break. Break time does not count as work time.
If you work 8 hours or more you are entitled to another 30 min break. These two breaks can be scheduled at any time - including the beginning and the end - of your work day.
You work from 9 to 5 minus your break, during which you eat lunch. If you have a 30 min lunch break, then you are working 7 1/2 hours. If you have a 60 min lunch break, then you are working 7 hours and your break is 30 min longer than required. In either case, a 30 min break (for lunch or whatever) is all you are entitled to. |
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mayorhaggar
Joined: 01 Jan 2013
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| Posted: Thu Nov 07, 2013 5:49 pm Post subject: |
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I'm a public school teacher hired via EPIK. I teach in the morning and basically have any time after 12:20 to do what I want (lesson plan, eat, read, etc), but again they've told me I can't leave the premises until 5pm. I used to eat the school lunches but now I bring mine. So I'm definitely given time to eat lunch, and non-teaching time to do planning and relax etc. That's not the issue.
Basically I'm just wondering if it's legal for them to say I can't leave school grounds for up to 30 minutes around lunchee-time, and whether legally I'd have to come in at 830 to get that privilege via an unpaid 30 minute break.
Probably it doesn't matter since rules aren't really honored or enforced regularly here. In general I have a pretty good situation and I don't want to rock the boat. But I do need to go to the bank now and then for stuff I can't do with online banking. |
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