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Korean Holidays, seems to be a problem for where I work.
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phnx4life



Joined: 26 Nov 2003

PostPosted: Wed Aug 13, 2008 9:36 am    Post subject: Korean Holidays, seems to be a problem for where I work. Reply with quote

The coming holiday, Aug. 15th is a nationally recognized holiday in S.Korea. It seems that my Hagwon director believes that all of the staff should work it. I told him that I don't want to work on that day. He believes that he can deduct my wages because of it. I believe that is illegal and he has no right according to Korean labor law to do so. My contract even stipulates that. I was wondering if anyone out there can give me the link to show me exactly that article regarding public and national holidays for teachers. If not, a general statement(correct about labor law) regarding this particular law from someone or a website would also be appreciated. I want to shove it in his face and let him read it. I believe the law generally states that, "All public and national holidays are recognized by Korea/Koreans and employers shall recognize them and allow such without wage deductions. If the employee wishes to work it, he/she can at a payment of 1 1/2 times that of a normal day of the working week." Thanks for your help folks! Wink
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Imrahil



Joined: 04 Feb 2008
Location: On the other side of the world.

PostPosted: Wed Aug 13, 2008 5:20 pm    Post subject: Reply with quote

Honestly it sounds like you have one of those terrible bosses and showing him where in the labor laws it states you do not have to work on holidays will not help really. He will just ignore it and say, "in Korea nobody follows the laws. I am god! I decide when my slaves work." Liberation Day (August 15th) is a national PAID holiday and virtually all hagwans will be closed, maybe not CDI though. DO NOT WORK IT, if he tries to fire you for this go to Labor Board. He is probably trying to intimidate the K teachers into working on that day and if he does, he probably thinks he can intimidate the westerners. If you can, I would try to record your next conversation with him just in case you have to go to the Labor Board.
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Ramen



Joined: 15 Apr 2008

PostPosted: Wed Aug 13, 2008 6:00 pm    Post subject: Reply with quote

"NO!" is your friend.
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nomad-ish



Joined: 08 Oct 2007
Location: On the bottom of the food chain

PostPosted: Wed Aug 13, 2008 6:56 pm    Post subject: Reply with quote

all i found was this (from 2003), and even then it doesn't seem to address your problem of national holiday salary deductions, although i guess you could tell your boss that if you work he must pay you more... but as another poster said already, i don't think showing your boss the labour laws will change what he does

Quote:

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.

Article 55-2 (System of Using Leave as Compensation)

An employer may, instead of paying additional wages, grant the leave to worker to compensate for the extended, night and holiday work prescribed in Article 55 according to a written agreement with workers� representatives. <Newly Inserted by Act No. 6974, Sep. 15, 2003>


http://wiki.galbijim.com/Labor_Standards_Act#Article_54_.28Holidays.29
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phnx4life



Joined: 26 Nov 2003

PostPosted: Wed Aug 13, 2008 8:05 pm    Post subject: Thanks folks! Reply with quote

Thanks for your support. I have already told him that I am not working it, but the k employees are and so are two other foreign teachers(from Wales and S.Africa} It makes cringe to see other foreign workers behave this way, like lap dogs....yuk. Besides the so-called boss is breking other labor laws..so if he tried to fire me, there will be a bigger mess for him to deal with. I think I should go to head office(since this is a franchise-Reading Town) and complain to them, if he deducts my pay. If that doesn't work, then the labor board will have to enter the picture. This is my last time working a Hagwon. I would suggest to all other foreigners to go into the public school sector. The contracts are becoming more and more appealing. Anyhoot, if you folks have anymore knowledge or contacts(people or websites that directly help), please list them for me. Thanks again!
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Imrahil



Joined: 04 Feb 2008
Location: On the other side of the world.

PostPosted: Wed Aug 13, 2008 8:12 pm    Post subject: Re: Thanks folks! Reply with quote

While you are at it, tell those other foreigners to grow some balls. There is absolutely no reason for them to work, legally they have a paid holiday tomorrow. They are in the right not to work, due to Korean labor laws. If your boss is going to do this to them, I can't wait to see what he will do next. "Hey guys, I have decided that your salary should only be 1.5 mil a month. Okay?" I would not be surprised if that is next for those two teachers. If the K teachers want to work that is their choice, a bad one at that. I am sure you have already told them all of this, if he gets away with it this time. You know Christmas will not be a holiday and probably not Chusok either.


phnx4life wrote:
Thanks for your support. I have already told him that I am not working it, but the k employees are and so are two other foreign teachers(from Wales and S.Africa} It makes cringe to see other foreign workers behave this way, like lap dogs....yuk. Besides the so-called boss is breking other labor laws..so if he tried to fire me, there will be a bigger mess for him to deal with. I think I should go to head office(since this is a franchise-Reading Town) and complain to them, if he deducts my pay. If that doesn't work, then the labor board will have to enter the picture. This is my last time working a Hagwon. I would suggest to all other foreigners to go into the public school sector. The contracts are becoming more and more appealing. Anyhoot, if you folks have anymore knowledge or contacts(people or websites that directly help), please list them for me. Thanks again!
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yingwenlaoshi



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

PostPosted: Wed Aug 13, 2008 9:20 pm    Post subject: Reply with quote

Your boss is a complete douche.
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sojourner1



Joined: 17 Apr 2007
Location: Where meggi swim and 2 wheeled tractors go sput put chug alugg pug pug

PostPosted: Wed Aug 13, 2008 9:24 pm    Post subject: Reply with quote

Most contracts state that Korean holidays are paid holidays off. Does your contract say this?

Sounds like a really fun boss to work for.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Aug 13, 2008 10:28 pm    Post subject: Re: Korean Holidays, seems to be a problem for where I work. Reply with quote

phnx4life wrote:
The coming holiday, Aug. 15th is a nationally recognized holiday in S.Korea. It seems that my Hagwon director believes that all of the staff should work it. I told him that I don't want to work on that day. He believes that he can deduct my wages because of it. I believe that is illegal and he has no right according to Korean labor law to do so. My contract even stipulates that. I was wondering if anyone out there can give me the link to show me exactly that article regarding public and national holidays for teachers. If not, a general statement(correct about labor law) regarding this particular law from someone or a website would also be appreciated. I want to shove it in his face and let him read it. I believe the law generally states that, "All public and national holidays are recognized by Korea/Koreans and employers shall recognize them and allow such without wage deductions. If the employee wishes to work it, he/she can at a payment of 1 1/2 times that of a normal day of the working week." Thanks for your help folks! Wink



What does your CONTRACT say?
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CentralCali



Joined: 17 May 2007

PostPosted: Wed Aug 13, 2008 10:32 pm    Post subject: Re: Thanks folks! Reply with quote

phnx4life wrote:
I think I should go to head office(since this is a franchise-Reading Town) and complain to them, if he deducts my pay.


That's a complete waste of time. Franchises in South Korea are not done the way they are in your home country. The "head office" is obligated to provide proprietary material to the local franchise here. There is no obligation that the local franchise obey any direction from the so-called head office. Your boss is an independent entity, in reality.
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moosehead



Joined: 05 May 2007

PostPosted: Thu Aug 14, 2008 1:21 am    Post subject: Re: Thanks folks! Reply with quote

CentralCali wrote:
phnx4life wrote:
I think I should go to head office(since this is a franchise-Reading Town) and complain to them, if he deducts my pay.


That's a complete waste of time. Franchises in South Korea are not done the way they are in your home country. The "head office" is obligated to provide proprietary material to the local franchise here. There is no obligation that the local franchise obey any direction from the so-called head office. Your boss is an independent entity, in reality.


yeah, sorry to say it OP - but considering the other FTs aren't standing up w/you - and believe me, I've been there, I KNOW how much that sucks - you could very well be doomed -

that is, if you aren't fired for not coming in, he could make your life extremely miserable, as well as everyone else's - who will heap on you as well -

the S.A.'s, I kinda understand, it's really tough where they are from and they don't want to make waves here, but the Brit, well there's just no excuse for that -

again, sorry, maybe just suck it up and get out when you can?
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wylies99



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

PostPosted: Thu Aug 14, 2008 1:43 am    Post subject: Re: Thanks folks! Reply with quote

phnx4life wrote:
Thanks for your support. I have already told him that I am not working it, but the k employees are and so are two other foreign teachers(from Wales and S.Africa} It makes cringe to see other foreign workers behave this way, like lap dogs....yuk. Besides the so-called boss is breking other labor laws..so if he tried to fire me, there will be a bigger mess for him to deal with. I think I should go to head office(since this is a franchise-Reading Town) and complain to them, if he deducts my pay. If that doesn't work, then the labor board will have to enter the picture. This is my last time working a Hagwon. I would suggest to all other foreigners to go into the public school sector. The contracts are becoming more and more appealing. Anyhoot, if you folks have anymore knowledge or contacts(people or websites that directly help), please list them for me. Thanks again!


At my first hagwon, there were other foreign teachers, and all of them were illegals. I was legal. I didn't know they were illegals until I worked there for a few months, but I digress. A holiday came up and, just before that holiday, I asked them if we were going to work since that was a holiday. All of them, said, COWARDLY, that, of course WE were going to work. Stupidly, I came into work that day, since, after all, ALL of us had to come to work.
NOW, knowing what I know, I WOULD NOT come to work on a FEDERAL HOLIDAY, no matter what OTHERS WOULD DO.

OP, you have to decide what YOU want to do. Do you want to be a hogwan slave or do you want to be an adult? If you decide to stay home and you are disciplined, get it in writing. We can help you.

But, belive this- you need to leave that crapwon.
You have some tough decisions to make in next few days/weeks/months, but some of us have been in the same situation and we've made it out just fine.


Last edited by wylies99 on Thu Aug 14, 2008 1:46 am; edited 1 time in total
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travelingfool



Joined: 10 Mar 2008
Location: Parents' basement

PostPosted: Thu Aug 14, 2008 1:45 am    Post subject: Re: Thanks folks! Reply with quote

moosehead wrote:
CentralCali wrote:
phnx4life wrote:
I think I should go to head office(since this is a franchise-Reading Town) and complain to them, if he deducts my pay.


That's a complete waste of time. Franchises in South Korea are not done the way they are in your home country. The "head office" is obligated to provide proprietary material to the local franchise here. There is no obligation that the local franchise obey any direction from the so-called head office. Your boss is an independent entity, in reality.


yeah, sorry to say it OP - but considering the other FTs aren't standing up w/you - and believe me, I've been there, I KNOW how much that sucks - you could very well be doomed -

that is, if you aren't fired for not coming in, he could make your life extremely miserable, as well as everyone else's - who will heap on you as well -

the S.A.'s, I kinda understand, it's really tough where they are from and they don't want to make waves here, but the Brit, well there's just no excuse for that -

again, sorry, maybe just suck it up and get out when you can?


I think the big question is what kind of financial shape you are in. If you are flush with dough and don't like the job anyways, I would say stand your ground. If not, then your best course would be to make no mention of it again and just placate your boss and blow smoke up his butt. Document all of his transgressions then make a clandestine trip to the labor office. I have quit and been fired from enough jobs to know that head on conflicts like this usually don't turn out well for subordinates. Try the stealth approach. Remember revenge is a dish best served cold.
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Adventurer



Joined: 28 Jan 2006

PostPosted: Thu Aug 14, 2008 3:03 am    Post subject: Reply with quote

My hagwon also makes us work on the 15th of August. You are correct it is the law, but Korea is the same country where a former tax collector is under investigation for taking bribes. The government knows many places violate the law by making their Korean and foreign employees work that day. I could refuse to work, but my boss owns my visa, and this is Korea, not France, not Germany. The law often means very little in this country. This is my last contract and stint in Korea unless I come back with a master's and get a university job. I like the country, but the fact that they can't follow labour laws or tax laws in way too many cases is very unfortunate. Your case is not the exception. Many people have to work on August 15th. I agree, it is very stupid. Telling him it's a national holiday won't persuade him. How many Korean employers have had to be told that paying the pension is the law? I am pissed that I have to work tomorrow, but I am happy I am going home next year, and I like somethings about Korea.
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Young FRANKenstein



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

PostPosted: Thu Aug 14, 2008 4:34 am    Post subject: Reply with quote

Adventurer wrote:
Your case is not the exception. Many people have to work on August 15th. I agree, it is very stupid. Telling him it's a national holiday won't persuade him.

At my last uni, our overlord tried to tell us we had to come in for a meet-and-greet on May 1st (a Red Day) then pick up our textbooks and do our class prep for the following week. We ( by "we" I mean all of the foreign slaves, including the alcoholic kissass) simply said no, drank and bbqed all night, slept in, and ignored the (assumingly) angry phone calls the next morning when we didn't come in. Tough shit. It was a holiday, we didn't have to work it. And we didn't.

Solidarity!
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