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Forced Unpaid Leave Due to Swine Flue Fears - Advice?

 
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MisterK19



Joined: 15 Oct 2006

PostPosted: Tue Aug 25, 2009 5:57 am    Post subject: Forced Unpaid Leave Due to Swine Flue Fears - Advice? Reply with quote

My school, which is a fairly big hagwon, has decided to close for several days due to fears about swine flu at this time of year. The director has said that this time off must be unpaid. We have complained about it but he has said that he will be losing money for canceling the classes (something he chose to do) and so we can't get paid for those days.

Can he do this? Has anyone had a similar experience? He has told us that other places are doing it just like this...that other teachers aren't getting paid for their time off, too.

I just want to know my options. Thank you!
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andrewchon



Joined: 16 Nov 2008
Location: Back in Oz. Living in ISIS Aust.

PostPosted: Tue Aug 25, 2009 6:02 am    Post subject: Reply with quote

Does your contract say employee or independent contractor?
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MisterK19



Joined: 15 Oct 2006

PostPosted: Tue Aug 25, 2009 6:15 am    Post subject: Reply with quote

It says employee.
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iggyb



Joined: 29 Oct 2003

PostPosted: Tue Aug 25, 2009 6:29 am    Post subject: Reply with quote

I can't answer the question definitively, but I can guess that it will boil down to whether you and others want to run the risk of creating too much bad blood at the work place for the amount of money you're going to be losing.

For 3 days pay, I doubt legal options would work. They are hard to make work when you're talking about a month or two of back pay. You do have options as a valuable asset to the company - especially if more than 1 teacher sticks together on a program of pressuring the school. But, the problems that going that route can lead to for the remainder of your contract is an important factor. It is a "last resort" kind of thing. I probably wouldn't agree to do it if I were a teacher with you. Not for 3 days pay.

On the flu --- a long term expat business owner I've seen around the K-blogs for years warned that what he was hearing from some Korean hakwon owners was that the irrational flu fears this Fall-Winter was were going to cripple the hakwon industry...I didn't think much of it...but now...???...

Back in the late 1990s when I last worked in the ESL industry in Korea, summer camps for ESL kids had just started to take off as the hot thing to do. Then there was a horrific fire at one of the camps that killed many students and instructors.

http://www.independent.co.uk/news/world/korea-fire-kills-23-nursery-children-1103546.html

Camps were canceled left and right after that. The hakwon I worked for had its own three story building and the owner rushed in fire doors to ease the fear of parents (and promote the school).

Korean society is known for swinging like a pendulum in reaction to events. I hope it isn't that way with this flu thing.

I don't think it was back during the SARS scare of 2002, though....
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Young FRANKenstein



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

PostPosted: Tue Aug 25, 2009 7:29 am    Post subject: Reply with quote

What did the Labor Board advise when you told them this?
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hagwonnewbie



Joined: 09 Feb 2007
Location: Asia

PostPosted: Tue Aug 25, 2009 7:48 pm    Post subject: Reply with quote

3 days? Enjoy the time off because academies don't offer much.

Sounds like another case of cry baby teachers looking for something to complain about.

It would be completely different if you were working and didn't get paid.
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iggyb



Joined: 29 Oct 2003

PostPosted: Tue Aug 25, 2009 8:14 pm    Post subject: Reply with quote

Quote:
Sounds like another case of cry baby teachers looking for something to complain about.

Why do some people always have to go there...???...

Anyway, here is a link to more cry baby greedy loser expats (who aren't expats)..

http://www.ajc.com/news/teachers-groups-angry-over-97828.html
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Young FRANKenstein



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

PostPosted: Tue Aug 25, 2009 10:26 pm    Post subject: Reply with quote

hagwonnewbie wrote:
It would be completely different if you were working and didn't get paid.

No, it's the same.
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Grantasmagoria



Joined: 04 Dec 2005

PostPosted: Tue Aug 25, 2009 10:30 pm    Post subject: Reply with quote

Come work at my school, I'll take your unpaid days off.
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Changwon Charlie



Joined: 22 Aug 2009
Location: Changwon

PostPosted: Tue Aug 25, 2009 10:30 pm    Post subject: Reply with quote

You won't get paid and there is little you can do about it.

Expect a lot more of the same in ALL hagwons and schools over the next few months as a lot of them close due to media fearmongering.
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vonnegutjr



Joined: 24 Mar 2009

PostPosted: Tue Aug 25, 2009 10:46 pm    Post subject: Reply with quote

Enjoy your unpaid vacation. I'd take it. You might fight it but you are going to put yourself in a much worse position by creating a lot of headache. If you mentioned something to your director about this, he/she knows you are paying attention and don't want to get screwed over. That's enough I think to protect your future. Go to Guleungdo near Pohang. You can take the train/bus.
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CentralCali



Joined: 17 May 2007

PostPosted: Wed Aug 26, 2009 12:46 am    Post subject: Reply with quote

andrewchon wrote:
Does your contract say employee or independent contractor?


Doesn't matter. If the employee is on an E-2 visa, then he cannot be an IC. And if he's on an F-series visa but the employer sets the working schedule, the working conditions, and the disciplinary rules, then, as a Korean court has ruled, the IC is not an IC, he's an employee.
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Fox



Joined: 04 Mar 2009

PostPosted: Wed Aug 26, 2009 12:53 am    Post subject: Re: Forced Unpaid Leave Due to Swine Flue Fears - Advice? Reply with quote

MisterK19 wrote:
Can he do this?


It should say in your contract whether he can or not.

Does your contract have anything about a guaranteed minimum number of work hours per week?
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