Korean Job Discussion Forums

newinseoul · Joined: 22 Sep 2005 Location: Busan

Hi,

My boss had a meeting recently and said that we are all getting an extra eight hours of work starting March 1st. He is giving us a new contract to sign saying we agree with an extra eight hours for 10,000w per hour.

Our schedules are changing also. We haven't received our new schedules and March 1st is coming up fast. Apparently though, my schedule is changing where I work 12:30-9pm with only twenty minutes for lunch and no prep time is included in this. I am quite upset because I don't want to have to work extra hours for little pay and have no prep or lunch time.

The thing is if I don't sign the new contract they will probably fire me. There are a few others that don't agree with it but, aren't willing to speak up about it. I haven't had a chance to talk to the Director about the whole thing yet. I'm not sure what to do about this whole thing. I don't think compromising is going to be an option at this point since the first is in two days. In the original contract it says nothing about changing the original contract or any such clause. Any advice needed. If I don't sign the contract, can the boss just fire me? I thought legally he had to give me thirty days notice.
Any advice appreciated...

Signed,
Frustrated

jacl · Joined: 31 Oct 2005

So, you're current schedule is 12:30-9 and you get 20 minutes break. Look to me like you are already teaching 8 hours/day. That's 160 hours/month. Looks to me like you were getting ripped off in the first place. Maybe you could clarify that for me.

As for the overtime thing, that's pure BS and you have every right to stand up for yourself and not sign this new "contract".

What he's doing is illegal. He can't make up a new contract for you to sign. The original contract stands. Neither you nor he can change it.

I'd also like clarification on the 8 hour OT thing. Is that 8 hrs/day? A week? A month? Just out of curiosity.

newinseoul · Joined: 22 Sep 2005 Location: Busan

Thank for the responses so far. Just let me clarify a few things that Jacl asked about. This is straight out of my contract:

ontheway · Posted: Sat Feb 25, 2006 7:35 am Post subject:

newinseoul,

DO NOT SIGN A NEW CONTRACT.

You and your boss made a contract. Your boss cannot change it. He cannot force you to sign a new one. If you do sign a new one, you give up your right to fight or complain.

You already have a bad deal and schedule with, it seems, a lot of unpaid breaks between 40 minute classes, or something. And 10,000 for overtime would be good if you were a dishwasher somewhere.

Your boss can fire you, but he must do it under the terms of your existing contract. He will have no grounds to fire you if you only refuse to his new conditions. If he does fire you, it will be breach of contract. You will still be fired, but you will have legal grounds to get paid with no deductions. If you quit, you'll give up your airfare and you'll have other financial penalties.

Try to get your coworkers to resist this change as well. This could be more difficult as you don't want to sour your relations with your fellow foreign teachers. But, why would they go along with this? Shocked

What can you do.

Try explaining to your boss, in a private meeting, by letter, or in a group meeting with fellow teachers, that you have a contract and you will honor it, but you will not agree to a new one and you will not work additional hours under these new terms. Maybe he will back down. Maybe he will continue but underpay you for current overtime. Maybe he will fire you.

Get ready with a bailout plan: Look for a new job in case he fires you. Fight legally for unpaid sums and breach. Midnight run. Quit quietly and get a new job because you don't like fighting. Think about your options and plan. Get your documents ready. Find a safe house to move to quickly if things turn sour.

Good luck.

Big Mac · Joined: 17 Sep 2005

Stand your ground and don't sign a new contract. If he insists, tell him you will be calling the labour board for advice. I don't have the number off hand but there is an English line. I'm sure if you did a search on Dave's it will come up. He won't want you to do that because he'll probably get fined if you do.

The overtime rate he wants to pay you is pitiful. He's obviously a cheap boss. What he really needs to do is hire another teacher, but he's too cheap to do it.

Stand your ground.

Wrench · Joined: 07 Apr 2005

Tell him to go *beep* himself.

Well don't use those exact words.

newinseoul · Joined: 22 Sep 2005 Location: Busan

Thanks for the advice everyone. The problem right now is that he is not really giving us much choice. I don't even have the new contract in hand(although I've seen it) because I was sick on Thursday when we received it. So, it sounds like its just going to happen. I have like one day to talk to him. It seems finding my boss is hard to do these days. Hmm I wonder why.

We are getting our new schedules with changing hours, hopefully on Monday and starting a new one on Wednesday. He isn't really giving us a choice with giving us a new schedule. I was thinking of just telling him I didn't want to sign it and that I was giving my two months notice. He can't fire me if I say I don't agree with it, now go find another teacher. I'm so angry about all of this. Sorry abou the ranting but, how can this guy get away with it??

ontheway · Posted: Sat Feb 25, 2006 8:22 am Post subject:

newinseoul,

Again. Your boss cannot change your contract. You say he is not giving you much choice, but he's the one with no choice. Tell him NO!

You have a contract. He must live by it. Your hours and overtime rates are in your current contract.

Show him a copy. (Keep your original safe somewhere.) Refuse to work the extra hours. Just don't do it. Tell him you won't and don't. Show him the contract. Tell him these are your hours and that's it. Work your hours and go home.

Also, if you hate the place anyway, you can quit. Give him your notice in writing. Include in your letter that you are resigning because he has breached your contract and destroyed the peaceful working environment that you should expect in a school and place of business.

jacl · Joined: 31 Oct 2005

Grotto · Joined: 21 Mar 2004

DONT SIGN IT!

Take the contract down to the local labour board(both contracts...the old and the new) and tell them what your boss is trying to do. He cannot force you to teach overtime.....and he cannot force you to sign a second contract!

Its illegal and if you sign it ....you're a moron.

Big Mac · Joined: 17 Sep 2005

newinseoul · Joined: 22 Sep 2005 Location: Busan

The other teachers aren't really with me. They are getting a new schedule that they like and asked for. There is one other teacher who may be able to talk to the boss with me. We were going to ask for more money for the extra hours.

I've been thinking over the last two days that I just want to get out of there actually. The problem is, if I give him two months notice (that is in my original contract) , will he pay me for those two months or ask me to leave earlier? Will he give me my LOR? I'm not sure what to say when I talk to him about this new contract without losing my chance of getting my LOR because I still have six months left of my contract. Help?? Thanks..has anyone else been in this type of situation? What did you do?

PM me please

Big Mac · Joined: 17 Sep 2005

So you're the only one getting these ridiculous hours? That doesn't seem fair to me that you would be asked to work all these extra hours for next to nothing and they wouldn't. Maybe if he spread around the wealth it wouldn't be as bad.

If you want to leave, getting the LOR may be tricky. I imagine he wouldn't want you to leave until he finds another teacher to replace you.

iluv2fly1 · Joined: 10 Feb 2006

I had a similar situation where the boss wanted us to sign a new contract and for numerous reasons I was the only one who refused to sign the new contract. I was fired and they refused to give me a letter of release until I agreed to pay them back for the airfare here. I called the labour board and the school backtracked immediately since the labour board said that it is illegal for the school to ask you to sign a new contract. They still took the money from me, but I would not quit because if you do then you will lose the airfare while if you let them fire you then they are breaking the law and the labour board will probably do the same thing for you as they did for me.

Pak Yu Man · Joined: 02 Jun 2005 Location: The Ida galaxy

Ask your boss how long it will take you to get hired as soon as your out the door. Last year I spent a weekend at Haeundae beach in Pusan. Do you have a clue how many guys came up to me and offered me a job on the spot.

Get him to fire you and your co-workers. You can find a new jobs in an instant. Hell I know a place hiring. Send me a PM and I could probably get you an interview this week. It won't be for a hogwon position either.