Korean Job Discussion Forums

[VirginIslander]

Hello,

I have been working here in Korea for the past four months. Before I came here I signed a contract that explicitly states my class schedule: six consecutive 45/50 minute class. It also states that I CAN CHOOSE TO WORK an addtional class for $18,000 when needed. Here is the clause:


2) If the Employee does not want to work overtime, the Employer shall not force the employee to do so. When the Employee and the Employer reach a mutual agreement about working overtime, and the Employee does so, the Employer must pay the Employee for working overtime, accorsheing to Article 6 Clause 2.

2) �을�이 초과근무 수락에 동의하지 않을 경우에 �갑�은 �을�에게 초과근무를 강요할 수 없고, 만약 �을�이 �갑�이 요청한 초과근무를 수락하고 실행하였을 경우, �갑�은 본 계약서 6조 2항에 명시된 데로, 이에 대한 초과수당을 지급하여야 하며, 이는 월별 통산하여 기본급과 함께 �을�에게 지급하여야 한다.


When I arrived, I, like all my waygook coworkers, was assigned seven classes. Initially, I was happy with the extra money.

However, now I would like a break and I would like to teach what is specified in my contract. I am capable of teaching seven classes just like I am capable of teaching ten, but it is not in my best interest nor the students. Moreover, I am not just here for the money; I want to study the langauge and martial arts, too. But, I am too tired at night and I come in two hours early because our books are crap.

When I informed the head Korean teacher about my decision, she told me that it is not optional. So, I took the low blow, and waited another month and thought of a compromise. I said that I will continue with seven until March but for my last five months I want my six classes.

Somewhat diplomaticaly, she told me that it is not optional. I told her according to my contract it is. She responded that waygooks always think of their contracts first and in Korea, Koreans think of the company first. We had a verbal confrontation and then resumed communication today. We are friends so this makes somewhat harder for me.

But now I feel that I am being used so I told her that I will only work one more month "optional" overtime, and for the rest of my time, I will work my regular schedule. I told her if they try to give me overtime again, I will contract my recruiter, the labor board (and several ESL message boards).

What should I do if the school comes to me in January or March and inform that I will have to work seven classes? I know they will. Also, is the common, or has it happend to you?

Thanks,

[Satin]

You were right to speak to the head teacher. But now that you haven't received the desired results, speak to the director. If you still can't resolve the issue, take your contract, pay receipts with the overtime, and go to the labor board. Let the school know your intentions.

Of course, you risk being fired, but that is your choice. There are lots of good jobs around.

I worked for a hagwon once that would max my schedule plus one for overtime, for the first 15 of the 20 in a pay period, then back off the last week just enough so they wouldn't have to pay overtime. Really messes up your days (e.g. from 8 a.m. to 7:30 p.m. - split). After six months, I resigned. Students were pretty good and the curriculum wasn't all bad; but they had a director who had zero ability in human relations.

[Pak Yu Man]

In Korea the contract is law. If there is a discrepancy between the English and the Korean contract...the English trumps the Korean.

It's there in english in your contract. If Koreans want to bend over and enjoy the boss, whatever.

When your co-worker said that bit about Koreans versus foreigners you shold have said "that's right I'm a foregner".

You gave up a lot more to come here and teach than some Korean who lives down the street. Point out what you've missed back home because you are in Korea. You need assurances you'll be treated properly.

Koreans can whine and biatch about stuff and it's labeled "concern for the community". Let a foreigner biatch and it's labeled biatching.

Stupid whilte monky slave. How dare you doubt the word of your god and boss. The mighty Wonjung!!!!!!!

[cdninkorea]

Going to the Labour Board sounds like a good idea. If they try to make you do overtime before you can see the Board (I have no idea how long that process takes), just refuse to do it- go home when your contract says you can.

[cdninkorea]

[Mr. BlackCat]

Yes, the "This is how its done in Korea" excuse. The thing is, the Korean teachers hate what's going on just as much as the foreigners, but the whiteys generally aren't as afraid to bring it up. I had partner teachers literally crying in the staffroom from stress and overwork at my last job, but they would never say anything to the boss.

I agree with the poster that said we give up much more to be in Korea. I'm not saying we're better than our Korean counterparts, but whenever one of my partner teachers would moan about how much I got paid I asked her if she enjoyed dinner with her family last night. When she would say 'yes', I'd answer, "Oh, because I haven't seen mine in over a year." That quieted them down a bit.

On the subject of your contract, you're right regardless of what your boss says. In fact, it is my understanding that even if your contract doesn't explicitly state that you have a choice of OT, that in Korean Law your job can never force you to work more than your contracted hours. I believe someone just recently posted the appropriate clause in Korean labour law on the subject.

[alabamaman]

Article 55 (Extended Work) Night Work and Holiday Work)

An employer shall pay additional remuneration of more than fifty percentage points of normal remuneration for extended works (extended works as set forth in the provisions of Articles 52 and 58, and the proviso of Article 67) and night works (works provided from 10 p.m. to 6 a.m.), Sunday or public holiday works.

CHAPTER Ⅳ Working Hours and Recess


Article 49 (Working Hours)

(1) Working hours per week shall not exceed forty-four hours excluding recess hours.

(1) Working hours per week shall not exceed forty hours excluding recess hours. <Amended by Act No. 6974, Sep. 15, 2003>

(2) Working hours per day shall not exceed eight hours excluding recess hours.


Article 50 (Flexible Working Hour System)

(1) An employer may have a worker work for a specific week in excess of working hours prescribed in Article 49(1), or for a specific day in excess of working hours prescribed in Article 49(2), on condition that average working hours per week in a certain unit period of not more than two weeks do not exceed working hours under Article 49(1) in accordance with rules of employment(or in accordance with rules or regulations equivalent thereto): Provided that working hours in any particular week shall not exceed forty-eight hours.

(2) When an employer reaches an agreement with the workers� representative, in writing, on the following items, an employer may have a worker work for a specific week in excess of working hours pursuant to Article 49(1), or for a specific day in excess of working hours pursuant to Article 49(2), on condition that average working hours per week in a certain unit period of not more than one month do not exceed working hours under Article 49(1). However, working hours for a specific week, and for a specific day shall not exceed fifty-six hours and twelve hours respectively:

(2) When an employer reaches an agreement with the workers� representative, in writing, on the following items, an employer may have a worker work for a specific week in excess of working hours pursuant to Article 49(1), or for a specific day in excess of working hours pursuant to Article 49(2), on condition that average working hours per week in a certain unit period of not more than three months do not exceed working hours under Article 49(1). However, working hours for a specific week, and for a specific day shall not exceed fifty-two hours and twelve hours respectively: <Amended by Act No. 6974, Sep. 15, 2003>

1. scope of workers subject to this paragraph;

2. unit period (a unit period not exceeding one month);

2. unit period (a unit period not exceeding three months); <Amended by Act No. 6974, Sep. 15, 2003>

3. working days in a unit period and working hours for each working day; and

4. other matters prescribed by the Presidential Decree.

(3) The provisions of paragraphs (1) and (2) shall not apply to workers aged fifteen or older and less than eighteen, and pregnant female workers.

(4) If an employer needs to have a worker work in accordance with the provisions of paragraphs (1) and (2), the employer shall prepare measures to ensure that the existing wage level is not lowered.

(5) Deleted. <Act No. 5885, Feb. 8, 1999>


Article 51 (Selective Working Hour System)

If an employer has made a written agreement on each of the following subparagraphs with representatives of workers regarding a worker who is entrusted with the decision to begin and finish works in accordance with rules of employment (including those equivalent to rules of employment), the employer may have workers work in excess of working hours per week set by paragraph (1) of Article 49, or per day set by paragraph (2) of Article 49 on condition that average working hours per week computed on the basis of adjustment period of balances within one month do not exceed the working hours stipulated in paragraph (1) of Article 49:

1. scope of workers subject to this paragraph (excluding workers between the age of fifteen and of eighteen);

2. adjustment period of balances (a specific period within one month);

3. total working hours within an adjustment period of balances;

4. starting and finishing time of working hours, during which works must be provided;

5. starting and finishing time of working hours which are allowed to be selected by workers; and

6. other matters as determined by the Presidential Decree.


Article 52 (Restriction on Extended Works)

(1) If the parties concerned reach agreement, working hours stipulated in Article 49 may be extended up to twelve hours per week.

(2) If the parties concerned reach agreement, working hours stipulated in Article 50 may be extended up to twelve hours per week, and working hours pursuant to Article 51 may be extended up to twelve hours per week averaged during a period of adjustment of balances pursuant to subparagraph 2 of Article 51.

(3) Under special circumstances, an employer may extend working hours as provided for in paragraphs (1) and (2) with the approval of the Minister of Labor and consent of workers; however, the employer shall immediately obtain the approval of the Minister of Labor ex post facto, if a situation is so urgent that time is not available to obtain such approval.

(4) If the Minister of Labor finds that the extension of working hours in accordance with Paragraph (3) is not appropriate, he may order an employer to allow recess or day-off afterwards equivalent to the extended working hours.

CHAPTER V (Females and Minors)


Article 67 (Working Hours)

Working hours of a person aged between 15 and 18 shall not exceed seven hours per day and forty-two hours per week: Provided that if the parties concerned have reached agreement, the working hours may be extended up to an hour per day, or six hours per week.

[Young FRANKenstein]

[Sash]

Tell them that after the next month, they will need to find a new foreigner to teach! Once they see you are serious about this, I think they'll have to compromise. Unless your job offers a lot of money or benefits, it's a lot harder for them to find a new native speaker, than for you to find a new job. As for what benefits the company, changing teachers isn't really a good thing either.

If they don't compromise, then the company isn't worth it.

Good luck!

[poof]

Doing overtime at only 18,000 is a joke anyway! Really not worth it.

Your contract makes it pretty clear what was supposed to be intended as far as your work schedule is concerned. If you don't want to work the 7th hour, politely insist that you want to adhere to the contract and that up until now you only accepted the 7th hour as a favor. Don't use the 'we are friends' excuse to avoid the issue. You are clearly being used to the school owner's advantage; that is not about being 'friends'.

If you have enough financial resources to support yourself to find a new job, I would insist on your rights even if it leads to getting fired. Labor board would be a good place to go if that happens.

Fighting!

[Atavistic]

Yeah, I got fired from a job here because I kept bringing up my contract. Working day was 9-5:30 with 2:30 hours of non-teaching time but then they argued that everything was non-teaching time and wanted me to come and stay every day from 8:30 to 6 pm. No. There wasn't supposed to be a Korean coteacher yet there was, boss turned out to be my "boss'" older brother's wife, who is like a Stepford wife and totally clueless, etc etc etc.

Even though *I* was apparently the problem, one Korean coteacher quit after six weeks due to the problematic Korean coteacher, and one who's been there less than four weeks is about to quit too.

Man, you know it's bad when the Koreans aren't even willing to stick around for the BS.

The guy who replaced me told me that his second week there, the bad Korean coteacher said that work needed to be his life and that his working day was 9 to 7 (8 to 7? One of those...).

Getting fired was the best thing that happened to me, frankly. I didn't have to pay back my plane ticket, I found a better job (less money, but better kids, better boss--you need to be late due to needing five days of physical therapy? No problem--less stress, I work exactly 10-6, and no daily stupidly pointless meetings, supplies! Oh heaven!). Now I can resign from this job if I want to with no plane ticket to pay back.

I love Korea, I like Koreans, but they didn't hire me because I look, speak, or think like a Korean. They hired me because I'm not Korean. The supply/demand curve here favors me and I'm not willing to put up with crap out of fear of being fired. Heck, my closest Korean friend even told me not to put up with it. Of course, she doesn't use the -yo form with her professors, and she's lived in China for nearly a year, so she's kind of a rebel...