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Private or Overtime? Is This Illegal?

 
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Chloe11



Joined: 23 Jul 2007

PostPosted: Fri Oct 19, 2007 10:45 pm    Post subject: Private or Overtime? Is This Illegal? Reply with quote

My boss asked me on the way back from our trip to immigration yesterday if I would be interested in tutouring an adult on Saturdays, one hour per session. I'm honestly not that interested in working Saturdays, but adult classes seem to require very little in the way of what I would consider work, and I do like money. So I humour the idea, and he tells me that it will work out to about 40 000 won per hour, under the table. As in, the student will pay me and this doesn't go on my pay check.

If I understand correctly, my boss is essentially asking me to teach privates out of his school, which is illegal... correct?

I'm not asking whether or not people think that I should do it... merely for clarification on whether or not this is illegal for an E-2 VISA holder.
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MarionG



Joined: 14 Sep 2006

PostPosted: Fri Oct 19, 2007 10:53 pm    Post subject: Reply with quote

Hmmmm....

Sounds like an OK area to me. If you are teaching a private, but the venue is your school, then I don't see how this would fall into anything other than teaching for your boss. Surely he doesn't "loan out" his premises for the teaching of privates. Just because he pays you separately means nothing. It would be overtime I'd guess.

I teach three private students, i.e. single person classes, at my school. I'm not paid overtime for this, because it hasn't been overtime, but this -whether overtime or not - doesn't fall into the category of teaching privates and I don't think yours would either.
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Chloe11



Joined: 23 Jul 2007

PostPosted: Fri Oct 19, 2007 11:01 pm    Post subject: Reply with quote

Marion - technically it would be overtime for me, though I'm getting paid twice as much as overtime is stipualted to be in the contract. The only thing about it that made me think it might not be legal was that I would get paid under the table. "No tax", as it was put to me.
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Otherside



Joined: 06 Sep 2007

PostPosted: Fri Oct 19, 2007 11:38 pm    Post subject: Reply with quote

From my reading of the situation, it would be legal (assuming your teaching at the Hagwon). The whole 'cash-under-the-table" idea seems a bit dodgy, but if anyone is in the wrong, it would be your employer.

Possible reasons for her doing this include her not having to pay a pension contribution on that overtime as well as her not having to pay you an inflated severance pay (based on this overtime).

You are getting paid more than your overtime rate as it is a Saturday. (I for one wouldn't come into work on Saturday for 1 hour for 20k and your boss knows that).

Finally. You are one week into your contract, be careful.

PS. With regard to you having to pay tax on this extra 40K, chances are they are gonna put you in a 3.3% bracket when you should only be paying 1.7% so you will already be paying too much tax!
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Fri Oct 19, 2007 11:58 pm    Post subject: Reply with quote

OT under the table is good. Teaching Saturdays for only one hour isn't. What if the student cancels (and he will)? You don't get paid.
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jay-shi



Joined: 09 May 2004
Location: On tour

PostPosted: Sat Oct 20, 2007 12:17 am    Post subject: Reply with quote

As long as it's taught at your school it's fully legit.
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Chloe11



Joined: 23 Jul 2007

PostPosted: Sat Oct 20, 2007 9:33 pm    Post subject: Reply with quote

yingwenlaoshi wrote:
OT under the table is good. Teaching Saturdays for only one hour isn't. What if the student cancels (and he will)? You don't get paid.


Hopefully I'll build some repore with her and she will call me if that happens.. Thankfully, the school isn't far from my place. If she cancels and I don't hear about it I will be annoyed, but get over it. If it happens repeatedly, I will speak to my boss about not tutouring her anymore. As long as it's legal I want to give it a try and see if it works out... and it seems that the consensus is that this is legal.

Thanks everybody!
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Juregen



Joined: 30 May 2006

PostPosted: Sun Oct 21, 2007 12:33 am    Post subject: Reply with quote

If you work only one hour that day, it screws your day quit hard relative to more then 1 hour or no hours of work.

I suggest you don't do less then 3 hours. 7 - 10 in the evening, or 9-12 in the morning


between 12-6 in the afternoon or after 10 pm really sucks.
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timhorton



Joined: 07 Dec 2005

PostPosted: Sun Oct 21, 2007 12:54 am    Post subject: Reply with quote

Anything under the table (as you put it) is not legit.
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isthisreally



Joined: 01 Sep 2007

PostPosted: Sun Oct 21, 2007 1:30 am    Post subject: Reply with quote

Well this may turn into something more. I would use this opportunity to either ask your boss for more lessons on Saturday or ask about recruiting your own students.
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tomwaits



Joined: 05 Feb 2003
Location: PC Bong

PostPosted: Sun Oct 21, 2007 6:13 am    Post subject: Reply with quote

I think you Have a good boss. what would stop him from saying "Hey Chloe11 I have added a class to your schedule." Then it becomes an overtime hour (or not ) depending on your contract. (This was done to me.

It's up to you I guess. Is it illegal? It must be breaking a tax law of some sort but it's certainly safe if it's in your school. I would say he's getting a cut of the action and doesn't want to bother with paperwork.

Good choice to have actually.
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Sun Oct 21, 2007 6:26 am    Post subject: Reply with quote

I think it's pretty normal to get tax-free overtime. Especially since they're probably not paying taxes anyway. Just make sure they're not overdeducting taxes on your regular pay.
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wylies99



Joined: 13 May 2006
Location: I'm one cool cat!

PostPosted: Sun Oct 21, 2007 10:28 am    Post subject: Reply with quote

timhorton wrote:
Anything under the table (as you put it) is not legit.


yes. It's a private class. That's why it's being offered in cash. Rolling Eyes
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