Korean Job Discussion Forums

[sydneyfc]

Hi,

I know there are a few different threads floating around about swine flu, but I really need help with the law here regarding what hagwon's can and can't do.

Background story: My brother came to visit me from Australia a few weeks ago. I excitedly (stupidly) told my boss he was coming, she then told me I wouldn't be allowed to work for a week if he came and that I wouldn't get paid. After weeks of argument and showing her my contract she gave in and gave me the week off paid. He was here at the end of June, beginning of this month.

Real story: I am going to Thailand in 9 days time and my boss tells me that I have to take a week off afterwards where I won't get paid. She says that since she has already done me a 'favour' once, she can't afford to do it again. Due to their financial situation, she cannot pay me for the week 'quarantine' when I come back. I was outraged, obviously. She says "just because you WANT to go on this holiday doesn't mean I have to pay for you". I said, "well, actually, you told me months ago that these were the dates of the holiday. I booked my flight ages ago, you can't just tell me now that I CAN'T go, or I won't get paid for a week when I get back"

Her response? "I changed my mind, I can do whatever I want".

She then basically told me that kids feel uncomfortable in my classes and this is something she needs to think about if I go on my holiday.

I said, "why don't you go ask the last class I taught whether they felt uncomfortable?" "I don't want to."

So pretty much she's threatening to fire me if I go.

Does anybody have any idea what the labor board would say if I take her to it for this? She can't force me to take a week off unpaid right?

I'm really upset that she's threatened me like this.

[Lou Giconi]

She's not thinking clearly. You may just want to continue with your vacation and when you come back come into work and hopefully by that time she'll had more time to mull it over.

I mean, shit, it's not like students aren't going on vacation either? Students travelling abroad are as likely to put you at risk as well as her school.

Anyhow, good luck.

[Straphanger]

[yingwenlaoshi]

Tell her that you'll go on your vacation anyway and that if she makes you take a week off unpaid because of swine flu that you'll go to the labor board. That will give HER something to think about while your on vacation.

What a douchebag. I just can't believe some of these people.

[Rusty Shackleford]

You have to act decisively. Either quit or do as you please and prepare to be fired. The alternatives may be easier but worse in the long run.

[ontheway]

It is quite probable the a mandatory quarantine is not covered in your contract. Therefore, neither your rights nor those of the school are clear in this situation. However, this is how your contract would likely be interpreted:

If the Korean government imposes a one week quarantine on you, then it is probable that your school will not have to pay you. You have a contact to teach and you would be unable to keep your side of the contract, due to actions of the Korean government. It would not be your employer's fault, nor would it be your fault, but you would be the one who failed to deliver services as promised. You would have been prevented from working by the government and your complaint would be with them. Since your employer would lose tuition for the week, your employer would suffer losses even without paying you. Your employer would also have a complaint against the Korean government. Of course, goverments generally do not allow people to sue them to recover damages for the stupid things they do.

OTOH, if it is your employer that decides to impose the quarantine, and not the Korean government, then your employer has chosen to prevent you from teaching hours that you are prepared and available to teach, so your employer would be liable to pay you for that week.


There is still one more element to this. If it is the government imposing the quarantine, and if you take a vacation knowing that the government quarantine will make it impossible for you to teach when you return, then you are taking actions that will prevent you from delivering services that you promised to deliver and that you would be able to deliver if you heeded the warning by the government. In this case, it would be you who would be liable to pay damages to your employer for taking a vacation that you knew would make it impossible for you to fulfill your side of the contract.


So, does the Korean government have a mandatory quarantine in place at this time? If not, this sounds like it's just your boss being a jerk.

[OculisOrbis]

Go on your vacation. When you get back, go directly to her office, cough in face and say, "well, i guess you have to take the week of quarantine with me now."

[sydneyfc]

ontheway, that's a very good summary. Does anyone know if there's some official government bollocks that is causing all this kerfuffel? I'm pretty tempted to just take the extra week no pay and stay in Thailand an extra week... if she asks why I didn't answer my phone I could just say "er, I lost it..." haha...

[Young FRANKenstein]

Just go. She doesn't have to know what you do or where you go on vacation. Tell her cancelled your flight and you're staying in Korea (and therefore won't require the unpaid quarantine). Then go anyway. None of her business what you do on your free time off.

If Immigration wishes to quarantine you, that would be different. Otherwise, she can stick it.

[polonius]

Give this to her, or see if you can find something similar on the Korean version site of wikipedia.

[bobbybigfoot]

Classic Korea.

(And let this be a lesson to the rest of us: Tell your hagwon NOTHING.)

[sydneyfc]

Well we sorted it out today. She recognized that she'd have to pay me for the week off. I told her that I understand that the school is probably having financial problems at the moment (who isn't?) so offered to do different work from home at that time if that would help. All in all, good compromise and works out for the best for both parties. My advice to people in the future: don't tell your boss anything about your personal life. Also, as insane as your boss may be, at least try to see it from their point of view.

Thread over.

[superacidjax]

CDI tried to pull that "mandatory quarantine crap" on me. I told them no. It's illegal first of all (I consulted a lawyer here in Korea.) End of story. No quarantine.

The funny part is that I already HAD swine flu back in May. Obviously, the corporate folks aren't very knowledgeable about immunology either.

[Young FRANKenstein]

[Demophobe]