Korean Job Discussion Forums

[Lahiho]

At my current school I have to eat lunch with my kids every day, because of this I don't get a proper lunch break because of this. I have to have my attention on the kids for the whole time (40 minutes).

Does this count as a class? Is this normal? One of my friends mentioned after hearing about it that i should have at least an hour a day where I can leave the work and have a break for myself but currently I don't. I have free classes but it is assumed they are used for lesson planning, so is my boss doing anything wrong by not giving us a proper lunch break?

[Chaparrastique]

[ChrisPK]

It's more like babysitting, innit? I saw even university teaching positions (HUFS, I think) had a ridiculous requirement, such as hiking with students on weekends. What's next? Taking a dump together?

[ttompatz]

By law (labor standards act) you are entitled to a 30 minute break where you can come/go/do-as-you-please after 4 hours of work and 1 hour if it is an 8-hour day.
www.moel.go.kr/english/download_eng.jsp?type=&file=(31)LABORSTANDARDSACT_2012.pdf

pay attention to articles 50 (Article 50 (Working Hours)) and 54 (Article 54 (Recess Hours)).

Ya, your boss is ignoring the law for his convenience.

Your options are:
a) to put up with it or
b) say no.

(50)
(1) Working hours per week shall not exceed forty hours
excluding recess hours.
(2) Working hours per day shall not exceed eight hours
excluding recess hours.
(3) In calculating working hours under paragraphs (1) and
(2), the waiting hours, etc., a worker spends for work under the
direction and supervision of his/her employer shall be regarded
as working hours.

(54)
(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.

.

[Lahiho]

Hmm, thank you for the information.

What do you mean by recess? just free time that we are able to do whatever we wish with?

[ttompatz]

[Stain]

[Lahiho]

Yeah, I do, why? What difference does that make?

[Chaparrastique]

[Stain]

[cdninkorea]

[ttompatz]

No.

He has a right to expect 30 minutes of break after 4 hours of work or 60 minutes in a full day.

If he works in a kindy from 9-1, gets a break from 1-2, and then does prep and elementary from 2-6 the employer is following the letter and spirit of the law.

The thing to note is that the employee is free to do as they please during the break (stay, leave, eat, sleep, etc). The employer cannot dictate that the employee remain on the premises or do work during that break time.

The employer can expect the employee to "eat with the kids" as part of his duties provided it falls within the limits of the law regarding breaks.

Whether it constitutes a "class hour" is contractual and subject to negotiation (since there is no formal instruction taking place).

It is not a matter for labor law and does not (subject to the terms of what is a "class hour under the contract) constitute "overtime" if it falls within a working day.

The employer can certainly expect that it is covered under the "other duties" portion of a contract even if it is not explicitly listed and a regular part of his contracted duties as a salaried (not hourly) employee (and also subject to negotiation in future contracts).

.

[CentralCali]

[burnburn87]

I've got a nightmare boss at the moment who gave me a big speech about how any time during working hours (10 to 6, Monday to Friday) I shouldn't do personal things, but should be lesson planning or doing other things for the academy's benefit, etc.

Could anyone clarify for me if this law means that during my working hours of 10 to 6 I should have an hours downtime, or does it mean that there should be an hours recess added to the 8 hours, so that if I were to have an hours break, my working hours should be like 9 to 6 or 10 to 7 instead?

[Bongotruck]

If you fight for that hour break, that is a possible outcome. Be careful what you wish for.