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Intensive Question

 
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azjen



Joined: 29 May 2004
Location: Youngtong, Suwon

PostPosted: Sun Aug 15, 2004 11:23 pm    Post subject: Intensive Question Reply with quote

Just looking over my contract again and I've noticed that there is no mention of intensive in the document. It simply states that working hours are from 2:00 PM to 9:30 PM M-F and is only 30 hours per week. I am currently working 9:00 AM - 7:30 PM MWF and 9:00 AM to 4:40 PM TTh. The manager of the school came in this afternoon asking us to put in an extra long day next week since some of the kids are going back to school. I suggested that since we are already working over our contract specs we should recieve monetary compensation for working more hours. The manager said they would look things over and see if we are due compensation. She also reminded me that we are only paid for time that we are in class. Nevermind that any break I have is spent grading papers or preparing lessons due to a lack of materials in classes.

Is this normal procedure? Does anyone have a clause in their contract about intensive?
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peppermint



Joined: 13 May 2003
Location: traversing the minefields of caddishness.

PostPosted: Mon Aug 16, 2004 12:08 am    Post subject: Reply with quote

Countdown to Gord. . . 5...4...3...2...1...
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McNasty



Joined: 04 Jul 2003

PostPosted: Tue Aug 17, 2004 1:05 am    Post subject: Reply with quote

Welcome to the wonderful world of the mysterious hogwan contract.

Contracts always seem to be up for interpretation on your part and on the owners part.

I hope it works out for you.
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Grotto



Joined: 21 Mar 2004

PostPosted: Tue Aug 17, 2004 9:49 am    Post subject: hmm Reply with quote

stick to your contract.

They wrote the contract, signed it and they should abide by it. If they change the hours of the contract and you are working outside of the contract hours you should be able to get the labour board to enforce it for you.

If they say that you are only paid for the time in class, then remind them that there will be no marking, staff meetings, preparation outside of the classroom.

I had a similar problem with the last school I was at, my 2-8 schedule got turned into a 2-9:45 schedule. Unlike you I just had the general 30 hours a week in the contract and not specified times like you have(2-9:30).

Stand up for yourself nobody else will.
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Gord



Joined: 25 Feb 2003

PostPosted: Tue Aug 17, 2004 4:42 pm    Post subject: Re: hmm Reply with quote

Quote:
stick to your contract.

They wrote the contract, signed it and they should abide by it. If they change the hours of the contract and you are working outside of the contract hours you should be able to get the labour board to enforce it for you.


The problem here is that once a person has agreed to work the new hours (as is the case here), that means the two parties have agreed to a new contract and agreed to end the old contract though now this new contract will be verbal instead of oral. A Labor Board appeal would be pointless as it would mean a person would be asking them to enforce a contract that both parties had agreed to end and had in fact ended. Though I am skipping over duress issues which would be hard pressed to apply. Welcome to contract and civil law 101.

Think of it this way. Let\'s say I gave you $100 last week and you agreed to pay me back this upcoming Friday. Great, we have a contract. But then yesterday you asked if you could pay me back on August 31st instead, and I agreed. That\'s fine, the old contract is now ended and a new contract is in it\'s place, despite my not actually getting my $100 back. But if today I said \"no, pay me back on Friday like we originally agreed to\", that is simply a contract offer rather than an agreement because the original contract is no longer enforcable. If we went to the magical court house of instant cases judged the same day they were filed to try and I tried to get a court judgement ordering you to pay me on Friday, I would lose.

Quote:
If they say that you are only paid for the time in class, then remind them that there will be no marking, staff meetings, preparation outside of the classroom.


Except that they agreed to work a full-time job that included up to 30 hours a week teaching in a class room, not just classroom time. A common mistake on this forum many people make at first.

Not including any contract violations exceeding the number of class hours a week, the MWF deal of 9-7:30 entitles a person to overtime by law unless there were 2.5 hours of actual employee time off (and not just time between classes).

I would advise Azjen to simply be blunt and state \"I\'m working here more than 30 class hours a week and more than 8 hours a day three days a week. I want XYZ amount of overtime, please.\" And if they disagree, simply note that Azjen\'s imune system won\'t let him/her overwork and that he/she will begin calling in sick randomly equal to an amount that will bring him/her in under the 8 working hours a day/30 class hours a week limit.
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azjen



Joined: 29 May 2004
Location: Youngtong, Suwon

PostPosted: Tue Aug 17, 2004 8:57 pm    Post subject: thanks for the advice Reply with quote

Turns out that there is also a school associated with ours in Seoul. The three teachers there have all agreed to work the intensive, no problems even though we all have the same contract. The same is to be said about the head teacher at my school. No one seemed to be bothered by the fact that we are all here for 10+ hours a day MWF and that we are here our normal hours on TTh.

It just bothers me that even though the intensive is an expected requirement without compensation, that they would even have the gall to ask for us to work an additional long day to an already extended work week.

I was mostly curious if most people had intensive written into their contracts or if its an evil most people get out of.
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peppermint



Joined: 13 May 2003
Location: traversing the minefields of caddishness.

PostPosted: Tue Aug 17, 2004 9:11 pm    Post subject: Reply with quote

Can you explain what you mean by intensives. If you're teaching more than 30 hrs a week, yes you should get overtime. It sounds like you're teaching the same # of hours, just more spread out, wchich sucks, but whaddaya do.
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azjen



Joined: 29 May 2004
Location: Youngtong, Suwon

PostPosted: Wed Aug 18, 2004 1:50 am    Post subject: what I mean Reply with quote

by intensives I mean, I go to work much earlier than I used to (this I really don't mind). Yes I do work more hours. About 10 more hours a week. My day is much more spread out and I am expected here all day.

When I arrived it was explained to me that all schools do intensives for the month that the 'normal' schools are out. Its a time that the hagwons really pull in the money. So, instead of getting the students twice a week, I now get them three times a week. Also, I gain 2 classes of students I have never met before with no books to teach a lesson out of. The hardest bit is that they are beginning level students. I also have 1 new class of students that signed on at the beginning of this month.

I agree I should get overtime, I just don't know how to ask for it. Maybe I'll just plainly ask for it and rationalize with the fact that they are paying me the same amount as before but I now am here all day long.
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peppermint



Joined: 13 May 2003
Location: traversing the minefields of caddishness.

PostPosted: Wed Aug 18, 2004 2:17 am    Post subject: Reply with quote

Ask them for extra pay for teaching hours only. An overtime rate was specified in your contract, right? Bringing up crap like how many hours you spend at school is irrelvant, and makes you look greedy. By the way- winter vacation is more like two months, so it's better ot get this sorted now.
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hippie



Joined: 30 Jun 2004
Location: Bucheon (pending)

PostPosted: Wed Aug 18, 2004 4:33 am    Post subject: Reply with quote

Keep a log of all of the hours that you taught. Like peppermint said, they don't consider grading and prep time to be class hours. If there is a discrepancy between the number of hours for the week that you teach and the number that your boss calculates, have your boss explain how she arrived at her total.

Some schools use the 30 hours a week as an estimate and only pay overtime if you exceed than 120 hours a month. In such cases, you get the short end of the deal whenever you have a lot of holidays in a month, even if you teach more than 30 hours a week.

If she doesn't pay your overtime, you can always use this as leverage in the future.
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Ilsanman



Joined: 15 Aug 2003
Location: Bucheon, Korea

PostPosted: Wed Aug 18, 2004 3:10 pm    Post subject: Re: Intensive Question Reply with quote

azjen wrote:
Just looking over my contract again and I've noticed that there is no mention of intensive in the document. It simply states that working hours are from 2:00 PM to 9:30 PM M-F and is only 30 hours per week. I am currently working 9:00 AM - 7:30 PM MWF and 9:00 AM to 4:40 PM TTh. The manager of the school came in this afternoon asking us to put in an extra long day next week since some of the kids are going back to school. I suggested that since we are already working over our contract specs we should recieve monetary compensation for working more hours. The manager said they would look things over and see if we are due compensation. She also reminded me that we are only paid for time that we are in class. Nevermind that any break I have is spent grading papers or preparing lessons due to a lack of materials in classes.

Is this normal procedure? Does anyone have a clause in their contract about intensive?


Intensive can be expected. I had it presented to me when I started working, and as part of the Korean hagwon system, I accepted it. If your boss didn't have it in th contract, he/she made a mistake.

I have yet to see a contrac that does not have a limit of hours per week before you are paid overtime. If you are over that amount, they should pay OT. aybe that's what the director meant when he/she said 'I'll look into it'.

Like I said before, intensive sessions happen in more than a few hagwons. Best to accept it, or work for a kindergarten.

Do you have employees? How do you think they will feel when you try to get a special schedule, better than theirs, but expect the same pay?
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