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Field Trips are illegal
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tate



Joined: 05 Jan 2006

PostPosted: Thu May 18, 2006 1:40 am    Post subject: Field Trips are illegal Reply with quote

It is illegal for you to work at any place other than the building of the school for which you have your visa, enless other sites have been listed on your ARC card. This has been mentioned many times when people have posted about how their employer was trying to farm them out to other institutes.

Well, if the site of a hogwan field trip is not listed on the back of your ARC than isn't it technically illegal for you to work in that location?

Therefore, if you refuse to go on a field trip becuase it is illegal your Director can not deduct any pay from your salary. You can not have part of your salary withheld due to refusing illegal activity. You could say "I will be at the hogwan ready to teach class. If you take the students from the hogwan this is not my problem. I was here ready to teach. I can not be forced to work in unregistared locations."

Legally it does not matter what your contract says. If you had signed a contract that said "Teacher must agree to paying no taxes" and you would be legally obligated to not follow this stipulation. The same could go for field trips at unregistered locations.

What say you to this? What would the labor board say? What would Korean small claims court say? (in the case of the hogwan deducting salary due to refusal of field trip attendence)
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schwa



Joined: 18 Jan 2003
Location: Yap

PostPosted: Thu May 18, 2006 2:06 am    Post subject: Reply with quote

Common sense tells me a field trip would fall under the auspices of the place of employment. Its a widespread & common practice & I have never heard of anyone catching grief over it. Have you? I doubt it.

Digging in your heels & refusing is probably a surefire way to sour your job scene, if not get canned.
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poet13



Joined: 22 Jan 2006
Location: Just over there....throwing lemons.

PostPosted: Thu May 18, 2006 2:30 am    Post subject: Reply with quote

sorry OP, your argument doesnt make much sense. I hope you don't get into trouble over it at work. A different place of employment logically implies a different set of students. A field trip is taking your existing students to another location for a one time event. By that logic, taking my class of twelve year old boys across the street to the elementary school grounds this afternoon to play ball (uhhhh....sports language?) was illegal also. Dont think so.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu May 18, 2006 2:34 am    Post subject: Re: Field Trips are illegal Reply with quote

tate wrote:
It is illegal for you to work at any place other than the building of the school for which you have your visa, enless other sites have been listed on your ARC card. This has been mentioned many times when people have posted about how their employer was trying to farm them out to other institutes.

Well, if the site of a hogwan field trip is not listed on the back of your ARC than isn't it technically illegal for you to work in that location?

Therefore, if you refuse to go on a field trip becuase it is illegal your Director can not deduct any pay from your salary. You can not have part of your salary withheld due to refusing illegal activity. You could say "I will be at the hogwan ready to teach class. If you take the students from the hogwan this is not my problem. I was here ready to teach. I can not be forced to work in unregistared locations."

Legally it does not matter what your contract says. If you had signed a contract that said "Teacher must agree to paying no taxes" and you would be legally obligated to not follow this stipulation. The same could go for field trips at unregistered locations.

What say you to this? What would the labor board say? What would Korean small claims court say? (in the case of the hogwan deducting salary due to refusal of field trip attendence)


And just when did you say you were looking for a new job?
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poet13



Joined: 22 Jan 2006
Location: Just over there....throwing lemons.

PostPosted: Thu May 18, 2006 2:40 am    Post subject: Reply with quote

OP. If you're really really concerned about it, call the labor office and ask them. I would be interested to hear what they have to say. You never know; this IS Korea after all.....
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Thu May 18, 2006 2:42 am    Post subject: Re: Field Trips are illegal Reply with quote

tate wrote:
It is illegal for you to work at any place other than the building of the school for which you have your visa, enless other sites have been listed on your ARC card. This has been mentioned many times when people have posted about how their employer was trying to farm them out to other institutes.

(1)Well, if the site of a hogwan field trip is not listed on the back of your ARC than isn't it technically illegal for you to work in that location?

(2) Therefore, if you refuse to go on a field trip becuase it is illegal your Director can not deduct any pay from your salary. You can not have part of your salary withheld due to refusing illegal activity. You could say "I will be at the hogwan ready to teach class. If you take the students from the hogwan this is not my problem. I was here ready to teach. I can not be forced to work in unregistared locations."

(3) Legally it does not matter what your contract says. If you had signed a contract that said "Teacher must agree to paying no taxes" and you would be legally obligated to not follow this stipulation. The same could go for field trips at unregistered locations.

(4) What say you to this? What would the labor board say? What would Korean small claims court say? (in the case of the hogwan deducting salary due to refusal of field trip attendence)



(numbers are mine)

1. No

2. A field trip is not illegal. You are hardly teaching in that case anyway simply sheepherding. Field trips are commonplace at public schools and if that were illegal, it would have been stopped long ago.


3. What?

4. What do I say? I say that is one of the most wrong-headed things I have ever seen posted on here. And the labor board and small claims court will probably say the same thing. On a field trip you do not hold classes anyway so your point about working is moot.
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tate



Joined: 05 Jan 2006

PostPosted: Thu May 18, 2006 2:44 am    Post subject: Reply with quote

poet13 wrote:
By that logic, taking my class of twelve year old boys across the street to the elementary school grounds this afternoon to play ball (uhhhh....sports language?) was illegal also. Dont think so.


There is a difference between going somewhere with your students on your own and going somewhere with them while working.

What really needs to be shown is what exactly the law states. Are we only legally allowed to work in one location without an addition to our arc card or not?

Can you legally teach the same students in 60 different locations without an addition to your ARC card?

TheUrbanMyth wrote:

On a field trip you do not hold classes anyway so your point about working is moot.


So only teaching is work then?

Are we legally forbidden from teaching in unregistered locations but allowed to work in a plethora of places?
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Homer
Guest




PostPosted: Thu May 18, 2006 2:53 am    Post subject: Reply with quote

Quote:
sorry OP, your argument doesnt make much sense.


Indeed.



The field trip can be included as teaching duties or school activity, hence it is you working for your employer, hence you are not working for someone else.

The law says you cannot work for another school unless you get permission.

You seem to be trying to find some sort of foothold to either get around the law and justify you doing some sort of activity or just to weasel out of a field trip...which is it?


Last edited by Homer on Thu May 18, 2006 2:56 am; edited 2 times in total
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Thu May 18, 2006 2:53 am    Post subject: Reply with quote

tate wrote:
poet13 wrote:
By that logic, taking my class of twelve year old boys across the street to the elementary school grounds this afternoon to play ball (uhhhh....sports language?) was illegal also. Dont think so.


(1)There is a difference between going somewhere with your students on your own and going somewhere with them while working.

What really needs to be shown is what exact the law states. Are we only legally allowed to work in one location without an addition to our arc card or not?

(2)Can you legally teach the same students in 60 different locations without an addition to your ARC card?

TheUrbanMyth wrote:

On a field trip you do not hold classes anyway so your point about working is moot.


(3) Are we legally forbidden from teaching in unregistered locations but allowed to work in a plethora of places?



(numbers are mine)

1. There is also a difference between going with your students during work hours on a field trip and actually working (teaching).


2. No, but a field trip is not seen as teaching . Are you trying to tell us that once you get there, that the children all sit down in some field and you make them take out their books and then you start writing on a portable whiteboard?


3. Yes and No. See number 2. You are not considered to be working, but going on a field trip.
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tate



Joined: 05 Jan 2006

PostPosted: Thu May 18, 2006 3:00 am    Post subject: Reply with quote

Ok then Urban, how can salary be withheld for not attending?

Are you refusing to teach? No

Are you refusing to work? No, "only teaching is work."

Must you do any number of activities other than teaching that they tell you during the time that they have schedualed you to teach?

"You must bring the children to the park and allow them to pour milk on your head. No it doesn't matter that you signed a contract to teach english, this is a special field trip. Since we are doing this during your teaching time you will be deducted salary if you do not attend."
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu May 18, 2006 3:05 am    Post subject: Reply with quote

tate wrote:
Ok then Urban, how can salary be withheld for not attending?

Are you refusing to teach? No

Are you refusing to work? No, "only teaching is work."

Must you do any number of activities other than teaching that they tell you during the time that they have schedualed you to teach?

"You must bring the children to the park and allow them to pour milk on your head. No it doesn't matter that you signed a contract to teach english, this is a special field trip. Since we are doing this during your teaching time you will be deducted salary if you do not attend."


So what is it with newbies and stupid pills this week?
To the OP... are you even in Korea?

TOLL BAIT is TROLL BAIT...

May you suffer a 1000 days in a crappy, kiddy, kindy, hakwon!!
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tate



Joined: 05 Jan 2006

PostPosted: Thu May 18, 2006 3:06 am    Post subject: Reply with quote

ttompatz wrote:

TOLL BAIT is TROLL BAIT...

May you suffer a 1000 days in a crappy, kiddy, kindy, hakwon!!


Are you serious?
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pet lover



Joined: 02 Jan 2004
Location: not in Seoul

PostPosted: Thu May 18, 2006 3:07 am    Post subject: Reply with quote



Last edited by pet lover on Tue Jun 06, 2006 12:33 am; edited 1 time in total
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jinju



Joined: 22 Jan 2006

PostPosted: Thu May 18, 2006 3:09 am    Post subject: Reply with quote

tate wrote:
ttompatz wrote:

TOLL BAIT is TROLL BAIT...

May you suffer a 1000 days in a crappy, kiddy, kindy, hakwon!!


Are you serious?


Yes. You asked your question, now understand that you were being an idiot and move on. Stop arguing a stupid theory that doesnt make sense.
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Njord



Joined: 12 Jan 2006
Location: South Korea

PostPosted: Thu May 18, 2006 3:11 am    Post subject: Reply with quote

I have no opinion on the OP's question since IANAL and I really have no idea about Korean law. However...

2. If you think teaching always requires textbooks and a whiteboard then we have very different ideas of "teaching".

3. If you don't think going someplace during contracted work hours and being paid to watch children is working, then we have very different ideas of "working" as well.
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