Korean Job Discussion Forums

Dan The Chainsawman · Joined: 05 May 2005

Can this contract clause even be legal?

3.6.1 Saturday Classes: In the event a national holiday occurs on a Tuesday or Thursday, Teacher is required to teach Saturday make up classes, as scheduled by the Director. Though Saturday make up classes are separate from overtime classes, they are paid at the overtime rate.

Glad it ain't in my contract!

ontheway · Posted: Tue Nov 29, 2005 8:41 am Post subject:

This sounds perfectly legal. You get your holiday. You get paid. But the school has students who have guaranteed class time. Therefore, the class has a makeup date and the teacher has to teach it and gets paid overtime. Much would depend on the rest of the contract.

This is no different than hospital, hotel, restaurant, public safety and other workers who can't have holidays off because the business never closes. They get paid double time or some special overtime rate instead.

Grotto · Joined: 21 Mar 2004

LOL its crap
Anyone who signed that contract is an idiot...only surpassed by the moron who wrote it Laughing

deessell · Joined: 08 Jun 2005

If a student pays for 50 hours of classes, then the student gets 50 hours of teaching. As long as you get paid extra for the classes what's the problem?

babtangee · Posted: Tue Nov 29, 2005 4:09 pm Post subject:

deessell · Joined: 08 Jun 2005

Ok when I posted at 8.30 am this morning I don't think I read the post properly...too quick on the trigger. I agree that the classes should be made up but not on your Saturday.

Dan The Chainsawman · Joined: 05 May 2005

The way I understand it was that you were given national holidays off without having to make them up.

Seems strange to me what is the point of even calling it a holiday?

peppermint · Posted: Tue Nov 29, 2005 7:32 pm Post subject:

Most adult hagwons are like that, to some extent. Korean law requires that students be taught 20 hours a month, and if holidays mean that there are less, they have to be made up somewhere.

On the upside, most months allow for more than 20 teaching days, and the extras are usually considered holidays.

Dan The Chainsawman · Joined: 05 May 2005

Kind of makes sense I suppose. Learn something new everyday, thank you!

prairieboy · Joined: 14 Sep 2003 Location: The batcave.

ontheway · Posted: Wed Nov 30, 2005 8:41 am Post subject:

There is no Korean law requiring 20 hours per month for hogwan students in general. There are laws regarding the maximum price a hogwan may charge for a given number of hours. So, a hogwan might need to maintain a certain number of hours because of the price it has charged to the students. If the number of hours is reduced then the price should be lower to be legal. Of course, not everything is exactly legal in Korea.

As to the contract in the OP. It is perfectly fine and legal. The person who wrote it is being quite respectful of his students. The teacher is asked to give up some Saturday time in exchange for extra pay. Some teachers here are begging for all the OT they can get. For them this would be no problem. That's what contracts are for. You make a deal. You know what the deal is. You do it. If your Saturdays are too important to you to give up a few, you should pass on this contract.