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My friend wants me to cover her Hogwan classes...
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Emma Clare



Joined: 24 May 2003
Location: Anseong, sung, song.

PostPosted: Tue Nov 25, 2003 12:20 am    Post subject: My friend wants me to cover her Hogwan classes... Reply with quote

I currently have a college position which allows me 4 weeks off over Christmas. Yippee!!

My friend who works in a Hogwan wants to go back home to Aus during my break, and she has asked me to cover her classes for a week or so whilst she's away. Call me stupid, but as she works for an entirely different employer, wouldn't this be illegal??
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kimcheeking
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PostPosted: Tue Nov 25, 2003 12:24 am    Post subject: Re: My friend wants me to cover her Hogwan classes... Reply with quote

Emma Clare wrote:
I currently have a college position which allows me 4 weeks off over Christmas. Yippee!!

My friend who works in a Hogwan wants to go back home to Aus during my break, and she has asked me to cover her classes for a week or so whilst she's away. Call me stupid, but as she works for an entirely different employer, wouldn't this be illegal??

Yes.
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Emma Clare



Joined: 24 May 2003
Location: Anseong, sung, song.

PostPosted: Tue Nov 25, 2003 12:37 am    Post subject: Reply with quote

Methinks she is asking a lot then!
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ulsanchris



Joined: 19 Jun 2003
Location: take a wild guess

PostPosted: Tue Nov 25, 2003 1:21 am    Post subject: Reply with quote

Call me selfish but why ruin your vacation so she can have one.
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Mr. Pink



Joined: 21 Oct 2003
Location: China

PostPosted: Tue Nov 25, 2003 2:40 am    Post subject: Reply with quote

It'd have to be a hell of a friend for me to do that.

I can count on one hand the number of people in Korea I would do that for...and still have a couple fingers left over Razz
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Emma Clare



Joined: 24 May 2003
Location: Anseong, sung, song.

PostPosted: Tue Nov 25, 2003 2:54 am    Post subject: Reply with quote

Well, I have 4 weeks vacation and I go home at the end of Feb. She only gets this one week (unpaid) until July...

However, she jumped at this job (It was the very first position she was offered) and she didn't look around and try and get the best working conditions she could (She works from 10am until 7pm, 5 days per week, and she absolutely insists that most teachers only get 1 weeks holiday (plus National Holidays) a year. I told her she'd been screwed over, because plenty of schools offer 1 week in the summer, and 1 week in the winter i.e. 10 days) She doesn't know very much about the job market or about ESL law/regulations either. So part of me feels as though it's her own tough luck really for not doing her homework/research in the first place. Or is that too harsh?


She told me that I'd get 20,000 WON per hour, but they'd probably take off 8 hours because they're tight, and she's been saying for months how crappy her hogwan bosses are. Also, the school knows it's illegal, but doesn't care. They're as dodgy as hell!

Added to this, I just don't want to do anything illegal (even if it is only breaking Korean law) I work for a really good college and I don't want to risk discrediting them in any way either.

I also really want to spend as much time with my BF as possible, because he will be leaving SK in the 2nd week of Jan and I won't see him for at least 4 months after that. I don't get to see much of him as it is because he's in the military, except for during my month off, when he'll be stationed up in Seoul and working mornings only.

Urgh, if I don't say yes, then she can't go. I love her to bits, but she's put me in a really awkward situation. Am I just being totally selfish???
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Mr. Pink



Joined: 21 Oct 2003
Location: China

PostPosted: Tue Nov 25, 2003 3:15 am    Post subject: Reply with quote

Nope you are not being selfish.

Also for 20,000 an hour but they wont pay you for 8hrs WTF is with that?

I did a day of covering and got paid 35,000 a class, which were only 45mins.

Her job sounds awful.

Hmm guess there is only 1 person in Korea I would do that for - and I am married to her!

With better pay, well I can add a couple more to my list Razz

Also how exactly is she getting time off if you are covering for her? I would really like that explained. Paid holidays usually mean, hawgwon shuts down for 4 days and adds a national holiday so you get 5 days off.

Seems you could cover for her at any time since she is just randomly picking a week where regular classes are being held. Her school should provide her with someone to cover her classes if they have to give her 1 week holiday a year.
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Emma Clare



Joined: 24 May 2003
Location: Anseong, sung, song.

PostPosted: Tue Nov 25, 2003 4:11 am    Post subject: Reply with quote

Quote:
Paid holidays usually mean, hawgwon shuts down for 4 days and adds a national holiday so you get 5 days off.


Her Hogwan does shut down. Just in July and not December.

Quote:
Her school should provide her with someone to cover her classes if they have to give her 1 week holiday a year.


She wants to go home New Year's week (From the 29th Dec to the 2nd Jan) but she can't because she doesn't have any holiday then. If I cover for her it just means they pay me and not her. They say she should find someone to cover her, as this holiday is in addition to the one she will get in July.
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justagirl



Joined: 17 Jan 2003
Location: Cheonan/Portland

PostPosted: Tue Nov 25, 2003 4:25 am    Post subject: Reply with quote

That's a toughie, Emma! If you say no, it puts your relationship with your friend in a tight spot, and that isn't fun at all. It probably makes you wish she hadn't asked at all! I can understand why she is asking, and why her hakwon is putting the responsibility on her to find a replacement teacher. However, it causes a problem for you that you don't want or need to have.

I think the best thing to do is to play your "it's illegal" card. You could even ask a superior at your school and tell them the situation, that you don't want to work for your friend so you'd like your superior to tell you that you can't. Then you can honestly tell your friend that your employer won't let you.

It really isn't worth risking your job, even if the risk is small--unless you want to do it. It's not anything ANYONE would want to do that I know of. Who would want to work on their vacation so someone else can have a vacation?

Something along the lines of, "I'm really sorry, but I feel uncomfortable about the situation because it's illegal to work for you. I asked at my university and they weren't happy about it and I think it's best if I pass on this. I know you were hoping to visit your family, but I don't think I can cover your classes because it puts my job at risk. Again, I'm sorry I can't help you more."

Good luck!

justagirl
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waterbaby



Joined: 01 Feb 2003
Location: Baking Gord a Cheescake pie

PostPosted: Tue Nov 25, 2003 4:36 am    Post subject: Reply with quote

Perhaps you could your friend out by showing her the following:

efl-law wrote:
EMPLOYER'S RESPONSIBILITIES UNDER THE LABOR STANDARDS ACT.

If the Employer employs more than ten Employees, then the Employer must prepare a "Rules of Employment" and submit such rules to the Minister of Labor. The Employer must also submit any amendments to such rules. Basically, the "Rules of Employment" is a summary of the Employer's business operating rules, conforming to the LSA on important provisions of the LSA, and in case of any non-conformance, the Minister of Labor can order any modifications of the "Rules of Employment". Since any labor contract, i.e., the Employment Agreement, must conform to the LSA, any non-conforming provision(s) of the Employment Agreement becomes null and void.

The Employer must post the "Rules of Employment" or keep such rules at each workplace at all times. Note that there is a standard form for "Rules of Employment" that is widely used by employers.

1. The Employer must give at least one hour of recess if you are working 8 hours per day. The Employer must also allow at least one day of paid holiday per week, meaning Employees should be given Sunday off. The Employer must pay fifty percent or more for any overtime work. The Employer must give one day of paid leave per month (which can be accumulated, to be used at one time or used on separate occasions within a period of one year) and also an additional ten days of paid leave per year to a worker who has worked without an absence throughout a full year and eight days to a worker has 90% of above percentage of attendance during one year. This right is forfeited if the Employee does not use the paid leaves within one year from the date of accrual of the right to use the leave. The Employer must give one extra day for each additional year of work after the initial one year of employment.


So your friend, regardless of what's in her contract, (and if she works for a hagwon that employs more than 10 people) is entitled to 10 days of paid leave and should fight them for it.

Edit: source: EFL-Law.
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Emma Clare



Joined: 24 May 2003
Location: Anseong, sung, song.

PostPosted: Tue Nov 25, 2003 5:48 am    Post subject: Reply with quote

Thanks guys. Like I said, I want to help, but I really don't want to risk getting caught out with immigration, and therefore losing my job at college, because it's a really good position and my employers have been pretty much fantastic all the way. It would only take some disgruntled Mother to make an 'anonymous phone call' because she didn't like my teaching methods, or because I looked at little Billy the wrong way, or whatever (from what my friend says, they already appear to like complaining rather a lot about her to the boss) and I'd be screwed.

There are only 3 teachers at her school. Not sure about the total number of employees? Do other staff count as well?
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Derrek



Joined: 15 Jan 2003

PostPosted: Tue Nov 25, 2003 3:06 pm    Post subject: Reply with quote

Since your other job is a University, you can get a letter from your University stating that they don't care, along with a letter from her Hagwon, and a form filled out from immigration. IF immigration approves, you can do it.

BUT

It's all a big pain-in-the-butt mess, and I'd just not do it.
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Mr. Pink



Joined: 21 Oct 2003
Location: China

PostPosted: Wed Nov 26, 2003 2:27 am    Post subject: Reply with quote

Emma Clare wrote:
Quote:
Paid holidays usually mean, hawgwon shuts down for 4 days and adds a national holiday so you get 5 days off.


Her Hogwan does shut down. Just in July and not December.

Quote:
Her school should provide her with someone to cover her classes if they have to give her 1 week holiday a year.


She wants to go home New Year's week (From the 29th Dec to the 2nd Jan) but she can't because she doesn't have any holiday then. If I cover for her it just means they pay me and not her. They say she should find someone to cover her, as this holiday is in addition to the one she will get in July.


I wanted to go home for my Grandpa's funeral a few years back, ahh couldn't, lived with it. I wanted to go home for my brother's wedding. Had work, couldn't.

THAT'S LIFE.

We can't always get what we want. I understand you want to help your friend, but your friend doesnt HAVE to. It sounds like it isn't even an event like a funeral or wedding either.
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crazylemongirl



Joined: 23 Mar 2003
Location: almost there...

PostPosted: Wed Nov 26, 2003 2:30 am    Post subject: Reply with quote

emma,
Like most of the others I would use the 'saving face approach'. Tell her it's illegal etc.

CLG


Last edited by crazylemongirl on Wed Nov 26, 2003 2:45 am; edited 1 time in total
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kiwiboy_nz_99



Joined: 05 Jul 2003
Location: ...Enlightenment...

PostPosted: Wed Nov 26, 2003 2:40 am    Post subject: Reply with quote

As has been stated, because you work at a uni, there is a way around it with permission from your empoyer. For me the issue would be money. You don't have to accept the pay the Hagwon offers you, you could negotiate with the your friend that she pays you some extra to bump it up to amount you both feel is fair. You should be getting more than her standard wage for doing covering work in a time when you could be taking a holiday.
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