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My vacation

 
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dcwm81



Joined: 18 Sep 2007

PostPosted: Fri Sep 21, 2007 6:18 pm    Post subject: My vacation Reply with quote

At my hagwan, I am preparing to take my vacation next month. I've given my manager over 3 months notice (up to today) and I know they aren't looking for a substitute. They tell me and the other teachers that we have to find our own. Is this normal for most hagwans?? And how easy is it to get a substitute?? Best places to find one? Any ideas?? I've been asking all over my area and am getting worried that I may have to forfeit my plane ticket, or risk getting fired if I go without a substitute.

PS: In another twist, the substitute can only be another foreign teacher. Will that make it harder to find??
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Fri Sep 21, 2007 7:13 pm    Post subject: Re: My vacation Reply with quote

dcwm81 wrote:
They tell me and the other teachers that we have to find our own.

No, you don't.

(1) How do you know the substitute will be acceptable to them? I've done this when I was younger and more naive... got a sub for my classes, and introduced them to the boss the day before I leave, and says "NO, I don't want (man/ black / fat / etc) teacher. Find another one or you can't leave." Nothin like scrambling around for a teacher when your plane is leaving in 12 hours. Screw that, let the boss run around.

And MUCH more imporatantly,

(2) How do you know the teacher is legal? It's not your job to check their credentials. And if they are illegal, it is not your responsibility to file the paperwork to make them legal. That's the boss' job.
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Whistleblower



Joined: 03 Feb 2007

PostPosted: Fri Sep 21, 2007 8:04 pm    Post subject: Re: My vacation Reply with quote

dcwm81 wrote:
At my hagwan, I am preparing to take my vacation next month. I've given my manager over 3 months notice (up to today) and I know they aren't looking for a substitute. They tell me and the other teachers that we have to find our own. Is this normal for most hagwans?? And how easy is it to get a substitute?? Best places to find one? Any ideas?? I've been asking all over my area and am getting worried that I may have to forfeit my plane ticket, or risk getting fired if I go without a substitute.

PS: In another twist, the substitute can only be another foreign teacher. Will that make it harder to find??


You are entitled to paid vacation when working for any employer full time. It is the responsibility of the employer to schedule classes and manage employees.
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Pak Yu Man



Joined: 02 Jun 2005
Location: The Ida galaxy

PostPosted: Fri Sep 21, 2007 10:30 pm    Post subject: Reply with quote

Tell your boss you are leaving for vacation or you are leaving for good.
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oldfatfarang



Joined: 19 May 2005
Location: On the road to somewhere.

PostPosted: Fri Sep 21, 2007 11:49 pm    Post subject: Reply with quote

Without even looking at your contract I'd say your boss is trying it on.
By law, and by a usual contract, you should be entitled to take vacation days. However, your contract may limit the way you can do this.

What does your contract say about vacation/days? Post it here and we'll disect it for you.
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dcwm81



Joined: 18 Sep 2007

PostPosted: Wed Sep 26, 2007 8:26 pm    Post subject: Reply with quote

This is what my contract says about my vacation. If my boss wanted to screw me over then they can, because my vacation is NOT during an exam period. However, I have given them 4 months notice, AND they have never once told me the time was bad, or that I should take my vacation during an exam period. If they would have told me that before I bought a plane ticket and made plans, I would have obliged. Also, another teacher took a vacation at my school a few months ago, and it wasn't during exams either.

My contract says:

1.14 The Instructor shall be entitled to seven (7) consecutive days of authorized leave per year to be taken during regular
Korean school examination periods, subject to Article 3 below and the Instructor complying with the proper Company
notification procedures and obtaining prior written approval from the Company for such leave. Instructor may not apply
for authorized leave until the completion of six (6) full months of providing services under this Agreement, and may not
apply for authorized leave more than once in any consecutive nine (9) months.
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garykasparov



Joined: 27 May 2007

PostPosted: Wed Sep 26, 2007 8:33 pm    Post subject: Reply with quote

Korean Labor Standards Act

Article 57 (Monthly Leave with Pay)

(1) An employer shall allow one day�s leave with pay per month.

(2) The paid leave in accordance with paragraph (1) may be used by a worker, of his own free will, either by accumulating or dividing it within one year.

Article 59 (Annual Paid Leave)

(1) An employer shall grant 10 days� leaves with pay to workers who have offered work without an absence throughout a year and 8 days� leaves with pay to those who have registered more than 90 percent of attendance during one year.

(1) An employer shall grant 15 days� paid leave to worker who has registered more than 80 percent of attendance during one year. <Amended by Act No. 6974, Sep. 15, 2003>

(2) An employer shall offer a worker who is employed more than two consecutive years one day�s paid leave for each year of consecutive employment years, in forth in paragraph (1). However, if the total number of leaves exceeds twenty days, normal wages may be paid for the number of days in excess of twenty days, in place of paid leaves.

(2) An employer shall grant one day�s paid leave per month to a worker the number of whose consecutive service years is less than one year, if the worker has offered work without an absence throughout a month. <Amended by Act No. 6974, Sep. 15, 2003>

(3) An employer shall grant the leave with pay in accordance with paragraphs (1) and (2) when requested by a worker, and shall pay normal wages or average wages for the leave period as provided for in the rules of employment or other provisions; however, the period concerned may be altered, if it would be a serious impediment to the operation of the business to grant a leave(s) with pay at a time when a worker requests.


Last edited by garykasparov on Fri Sep 28, 2007 9:31 pm; edited 1 time in total
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marlow



Joined: 06 Feb 2005

PostPosted: Wed Sep 26, 2007 8:47 pm    Post subject: Reply with quote

dcwm81 wrote:
This is what my contract says about my vacation. If my boss wanted to screw me over then they can, because my vacation is NOT during an exam period. However, I have given them 4 months notice, AND they have never once told me the time was bad, or that I should take my vacation during an exam period. If they would have told me that before I bought a plane ticket and made plans, I would have obliged. Also, another teacher took a vacation at my school a few months ago, and it wasn't during exams either.

My contract says:

1.14 The Instructor shall be entitled to seven (7) consecutive days of authorized leave per year to be taken during regular
Korean school examination periods, subject to Article 3 below and the Instructor complying with the proper Company
notification procedures and obtaining prior written approval from the Company for such leave. Instructor may not apply
for authorized leave until the completion of six (6) full months of providing services under this Agreement, and may not
apply for authorized leave more than once in any consecutive nine (9) months.


Do you have written approval documents? And if so, do they have a document from you saying you would get a sub? If you have the first and they don't have the second, you're fine.
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ED209



Joined: 17 Oct 2006

PostPosted: Wed Sep 26, 2007 9:56 pm    Post subject: Reply with quote

Should have told my Korean girlfriend "you can't break up with me, not unless you find me a new girlfriend!"
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dcwm81



Joined: 18 Sep 2007

PostPosted: Fri Sep 28, 2007 9:07 pm    Post subject: Reply with quote

Do you have written approval documents? And if so, do they have a document from you saying you would get a sub? If you have the first and they don't have the second, you're fine.[/quote]

As far as I know, we do not have any written approval documents. I think the closest thing for me to get would be for them to give me in writing that my vacation is for "this time". But I don't see them doing that by the way things have gone so far. I have followed all procedures they have asked of me. I even gave them more notice than was required. My school is weird. I don't think they follow the contract word-for-word, however, it wouldn't surprise me if they started all of a sudden. It says nowhere in my contract about finding a sub. That is just my incompetent manager not wanting to do her job.
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