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jhuntingtonus
Joined: 09 Dec 2008
Location: Jeonju
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 Posted: Wed Apr 07, 2010 8:13 pm Post subject: Help! EPIK contract guarantees 2-week home leave at end... |
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| .. of the contract, if it is renewed. My management is trying to deny it to me, threatening to cancel my newly-signed contract and cancel my visa. It's in less than TWO DAYS, with everything booked! Can they unilaterally do any of this? |
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Ramen
Joined: 15 Apr 2008
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| Posted: Wed Apr 07, 2010 8:20 pm Post subject: Re: Help! EPIK contract guarantees 2-week home leave at end |
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| jhuntingtonus wrote: |
| .. of the contract, if it is renewed. My management is trying to deny it to me, threatening to cancel my newly-signed contract and cancel my visa. It's in less than TWO DAYS, with everything booked! Can they unilaterally do any of this? |
Yes, they can. They normally allow those two weeks during school vacation, but not while school is in session. |
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jvalmer
Joined: 06 Jun 2003
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| Posted: Wed Apr 07, 2010 8:26 pm Post subject: |
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| You should have booked it during the winter break. Schools don't look kindly on teachers scheduling vacation in the middle of the school year. But someone should have told you that. Not sure why they wouldn't, the places I've worked actually encouraged me to go back home and see family. |
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salgichawa
Joined: 18 Mar 2010
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| Posted: Wed Apr 07, 2010 8:34 pm Post subject: Re: Help! EPIK contract guarantees 2-week home leave at end |
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| jhuntingtonus wrote: |
| .. of the contract, if it is renewed. My management is trying to deny it to me, threatening to cancel my newly-signed contract and cancel my visa. It's in less than TWO DAYS, with everything booked! Can they unilaterally do any of this? |
Hi There,
That sounds like a problem...how about trying to get the extra vacation for the next holiday? (ie summer). You could argue since you went to expense and inconvenience they should give you more then two weeks. But they might not do that since nowadays even that is an issue for other teachers.
 Sounds like no one told anyone information beforehand. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Wed Apr 07, 2010 8:38 pm Post subject: Re: Help! EPIK contract guarantees 2-week home leave at end |
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| jhuntingtonus wrote: |
| .. of the contract, if it is renewed. My management is trying to deny it to me, threatening to cancel my newly-signed contract and cancel my visa. It's in less than TWO DAYS, with everything booked! Can they unilaterally do any of this? |
Yes. The problem is that most contracts finish at the end of the school year rather than in March/April. That is what they mean by the end of the year contract.
What you CAN do is ask to have those days added on to your summer or winter break. That's what I did (my last contract ended in March) so when I re-signed, I took those days in addition to my vacation days in winter.
It sucks that you already have booked everything...but they are legally within their rights.
Sorry. |
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Reise-ohne-Ende
Joined: 07 Sep 2009
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| Posted: Wed Apr 07, 2010 8:42 pm Post subject: |
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They just made me sign a rules & regulations form at my school that said the school is required to give you a 2 week home leave, but that they can defer it to any time within six months after your new contract starts. Sorry  |
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jonpurdy
Joined: 08 Jan 2009
Location: Ulsan
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| Posted: Wed Apr 07, 2010 11:14 pm Post subject: |
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Did you confirm with them when you would be taking your vacation? If they already said okay and now they are backtracking then you should take your vacation. If they do anything about it take them to the labour board.
But, if you blindly booked it without telling them (and assumed they would know) then you've got no recourse other than taking those two weeks in addition to your summer vacation.
Always confirm vacation dates with your school. Get them in writing if you can. |
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jhuntingtonus
Joined: 09 Dec 2008
Location: Jeonju
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| Posted: Fri Apr 09, 2010 2:15 am Post subject: |
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| Thank you, all, for your prompt advice. Sadly but perhaps prudently, I elected to cave on the vacation, and ate about $400 in cancellation costs. I find it bizarre that after what I understand is years since people here were allowed to take vacations during semesters, the contracts still say they can, if they have a wide range of possible contract starting dates. (And don't tell me NOBODY starts during a semester - people die, resign, get fired, pull runners...) A situation all should be aware of. |
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jonpurdy
Joined: 08 Jan 2009
Location: Ulsan
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| Posted: Fri Apr 09, 2010 4:33 pm Post subject: |
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| jhuntingtonus wrote: |
| Thank you, all, for your prompt advice. Sadly but perhaps prudently, I elected to cave on the vacation, and ate about $400 in cancellation costs. I find it bizarre that after what I understand is years since people here were allowed to take vacations during semesters, the contracts still say they can, if they have a wide range of possible contract starting dates. (And don't tell me NOBODY starts during a semester - people die, resign, get fired, pull runners...) A situation all should be aware of. |
Make sure you add your missed vacation days to your next vacation period. Get it in writing as soon as possible. |
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Ramen
Joined: 15 Apr 2008
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| Posted: Fri Apr 09, 2010 5:12 pm Post subject: |
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| jhuntingtonus wrote: |
| Thank you, all, for your prompt advice. Sadly but perhaps prudently, I elected to cave on the vacation, and ate about $400 in cancellation costs. I find it bizarre that after what I understand is years since people here were allowed to take vacations during semesters, the contracts still say they can, if they have a wide range of possible contract starting dates. (And don't tell me NOBODY starts during a semester - people die, resign, get fired, pull runners...) A situation all should be aware of. |
Well, next time you should run everything by your school before acting on anything so that both of you don't have any misunderstanding. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Apr 09, 2010 5:57 pm Post subject: |
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| Ramen wrote: |
Well, next time you should run everything by your school before acting on anything so that both of you don't have any misunderstanding. |
Let us not forget this little gem that most people overlook in their contracts:
"Paid leave shall be taken at any time when school is not in session... and must be approved by school principal at least 15 days in advance."
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jonpurdy
Joined: 08 Jan 2009
Location: Ulsan
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| Posted: Sat Apr 10, 2010 1:17 am Post subject: |
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| ttompatz wrote: |
| Ramen wrote: |
Well, next time you should run everything by your school before acting on anything so that both of you don't have any misunderstanding. |
Let us not forget this little gem that most people overlook in their contracts:
"Paid leave shall be taken at any time when school is not in session... and must be approved by school principal at least 15 days in advance."
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This can be bent. If the OP mentioned his situation in advance to his school they would have to have either let him take vacation earlier or missed school to do so. He's also entitled to take his days in the future. |
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CentralCali
Joined: 17 May 2007
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| Posted: Sat Apr 10, 2010 2:28 am Post subject: |
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| jonpurdy wrote: |
| This can be bent. If the OP mentioned his situation in advance to his school they would have to have either let him take vacation earlier or missed school to do so. |
My principal was perfectly happy that (a) we discussed the contract vacation clauses in advance of my vacation and (b) letting me take the guranteed renewal vacation at the end of February although there were classes ("Spring Break") during those three weeks.
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| He's also entitled to take his days in the future. |
You would think that would be the case but there's always the chance that the "powers that be" at his school get transfered and/or the people concerned with management of the foreign teachers up the POE chain will stick to the current contract and just write off the missed days. Getting gurantees for such time off in writing is the best, and perhaps only, prevention for losing it flat out. |
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jhuntingtonus
Joined: 09 Dec 2008
Location: Jeonju
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| Posted: Sat Apr 10, 2010 3:32 pm Post subject: |
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| ttompatz wrote: |
| Ramen wrote: |
Well, next time you should run everything by your school before acting on anything so that both of you don't have any misunderstanding. |
Let us not forget this little gem that most people overlook in their contracts:
"Paid leave shall be taken at any time when school is not in session... and must be approved by school principal at least 15 days in advance."
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If that "little gem," or anything like it, was in my contract, this whole thing never would have happened.
As for saying I should get the vacation days in writing... HAH! This thread has shown just how irrelevant, and disregardable, things are that are clearly and unambiguously, in writing actually are here. And did I mention that one reason I did not ask permission was that one of my peers in the same organization said he was asked to "postpone" a vacation so he could teach in a camp, then never allowed to reschedule it (a few months later) since the time for it had come and gone?
The sad thing is that this not a bad hagwon, but a public school district. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sat Apr 10, 2010 4:31 pm Post subject: |
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| jhuntingtonus wrote: |
| ttompatz wrote: |
| Ramen wrote: |
Well, next time you should run everything by your school before acting on anything so that both of you don't have any misunderstanding. |
Let us not forget this little gem that most people overlook in their contracts:
"Paid leave shall be taken at any time when school is not in session... and must be approved by school principal at least 15 days in advance."
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If that "little gem," or anything like it, was in my contract, this whole thing never would have happened.
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Look in the section on paid leave (perhaps section 13?).
I think you will find it there. I have NEVER seen a PS contract (unless someone modified it) that didn't have that included in the paid leave clause. |
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