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My contract ends on July 26,but vp will not grant my vacatio
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hochhasd



Joined: 05 Jul 2008

PostPosted: Sun May 23, 2010 11:07 pm    Post subject: My contract ends on July 26,but vp will not grant my vacatio Reply with quote

My contract ends on July 26 and I am stilled owed 15 days vacation,but my k teacher claims the VP will not grant me my vacation. I tried to expalin to the K teacher that under normal circumstance I would agree,but being I was signed at an odd time you still have to grant me my vacation. Does anyone have the number for the regional (English speaking) rep for the namyangju area?
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Sun May 23, 2010 11:17 pm    Post subject: Re: My contract ends on July 26,but vp will not grant my vac Reply with quote

hochhasd wrote:
My contract ends on July 26 and I am stilled owed 15 days vacation,but my k teacher claims the VP will not grant me my vacation. I tried to expalin to the K teacher that under normal circumstance I would agree,but being I was signed at an odd time you still have to grant me my vacation. Does anyone have the number for the regional (English speaking) rep for the namyangju area?


Your contract should state that if your scheduled vacation interferes with smooth operations at the school, then you are expected to negotiate alternate vacation dates. You should sit down with your co-teacher and the VP and find out when you can get those days off. But keep in mind that since you didn't take them in the winter or summer vacations you might be out of luck, since the school's operations take priority.

Anyway I'd arrange a meeting with the school before calling the district rep.
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Senior



Joined: 31 Jan 2010

PostPosted: Sun May 23, 2010 11:20 pm    Post subject: Reply with quote

You might be able to get cash in lieu of the vacation time. I've never heard of it in Korea, but I have been payed out for holidays I didn't take at other jobs (not in Korea).
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hochhasd



Joined: 05 Jul 2008

PostPosted: Mon May 24, 2010 1:27 am    Post subject: Re: My contract ends on July 26,but vp will not grant my vac Reply with quote

TheUrbanMyth wrote:
hochhasd wrote:
My contract ends on July 26 and I am stilled owed 15 days vacation,but my k teacher claims the VP will not grant me my vacation. I tried to expalin to the K teacher that under normal circumstance I would agree,but being I was signed at an odd time you still have to grant me my vacation. Does anyone have the number for the regional (English speaking) rep for the namyangju area?


Your contract should state that if your scheduled vacation interferes with smooth operations at the school, then you are expected to negotiate alternate vacation dates. You should sit down with your co-teacher and the VP and find out when you can get those days off. But keep in mind that since you didn't take them in the winter or summer vacations you might be out of luck, since the school's operations take priority.

Anyway I'd arrange a meeting with the school before calling the district rep.




My K teacher understands,but said I need to work with her. All of the sudden she said I could take off July 19-26(leave that day) I said you still owe me 9 days. She stood there with a stare and said what about half days(which would have to go from June 22 to July 16) Not happy about it,but said fine. Her answer was she had to get the ok from the VP. The main thing had to do with me being in the school while classl was in session. I have the feeling she mentioned to the VP,but said to him lets se if I will take it. By the way my area rep for Gepik was out so I called DB and she said would help,but as I spoke with her more and more she was telling I should have taken my vacation 6 months ago. Rolling Eyes Gee, I did not have my crystal ball then. Laughing
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Mon May 24, 2010 6:54 am    Post subject: Reply with quote

Get a district supervisor involved immediately and get your dates worked out. It is Korean law that vacation must be granted before the contract is finished.
SMOE used to enforce this with stubborn principals.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Mon May 24, 2010 9:52 am    Post subject: Reply with quote

Quote:
I am stilled owed 15 days vacation


How many days TOTAL were given to you? 15 is kind of high to be remaining. I wouldn't want a school to tell me, "Since you owe us 22 hours a week and we owe you 5 days of vacation, why don't you teach 44 classes this week instead of the regular 22 and then take next week off". That's basically what you are doing to them, the other way. The school can't halt everyone else's schedule.

You waited TOO LONG to use your vacation days. I wouldn't expect all those days now. It's not worth it ending the year with stupid drama.

I didn't intentionally use about 10 last year. The head English teacher told me I should use about 3 between April and May because I wouldn't be able to use them all in summer. I still had like 7 in the summer, so I used them in the final days to plan my move.

The school worked with me day by day to use one here, one there for things like visa processing with immigration or trips to the US Embassy.

I probably didn't use 3 or 4, but they were there in case of emergency.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Mon May 24, 2010 2:51 pm    Post subject: Reply with quote

Bibbitybop wrote:
. It is Korean law that vacation must be granted before the contract is finished.
.



Could you cite the specific clause in the KLSA which says this?

I doubt the OP wants to go in claiming it's Korean law and then find there's nothing backing him up on that.
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jonpurdy



Joined: 08 Jan 2009
Location: Ulsan

PostPosted: Mon May 24, 2010 3:52 pm    Post subject: Reply with quote

15 days does seem kind of high. Typically it's 10 in the winter and 8 in the summer, or something like that. If you had time off on February but didn't use those as vacation days then you might not have a case.

It's typically best to use your winter vacation days in winter and summer vacation days in summer. Try to avoid saving them up because schools can tell you that you should've used them. (Unless you CAN'T use them, like when I had to come back early due to quarantine. I made sure to use that week the following vacation.)
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hochhasd



Joined: 05 Jul 2008

PostPosted: Mon May 24, 2010 4:05 pm    Post subject: Reply with quote

jonpurdy wrote:
15 days does seem kind of high. Typically it's 10 in the winter and 8 in the summer, or something like that. If you had time off on February but didn't use those as vacation days then you might not have a case.

It's typically best to use your winter vacation days in winter and summer vacation days in summer. Try to avoid saving them up because schools can tell you that you should've used them. (Unless you CAN'T use them, like when I had to come back early due to quarantine. I made sure to use that week the following vacation.)



I get 10 days Winter, 10 days Winter and 5 days for rural. I can not be expected to have a crystal ball telling what I am going to do for the end of the contract in January. By the way the head person for Gepik is no help. Rolling Eyes
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Mon May 24, 2010 8:22 pm    Post subject: Reply with quote

TheUrbanMyth wrote:
Bibbitybop wrote:
. It is Korean law that vacation must be granted before the contract is finished.
.



Could you cite the specific clause in the KLSA which says this?

I doubt the OP wants to go in claiming it's Korean law and then find there's nothing backing him up on that.


That came directly from the head of the SMOE NSET program 2 years ago.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Mon May 24, 2010 8:36 pm    Post subject: Reply with quote

Bibbitybop wrote:
TheUrbanMyth wrote:
Bibbitybop wrote:
. It is Korean law that vacation must be granted before the contract is finished.
.



Could you cite the specific clause in the KLSA which says this?

I doubt the OP wants to go in claiming it's Korean law and then find there's nothing backing him up on that.


That came directly from the head of the SMOE NSET program 2 years ago.


The school administration (or it comes to that the labor board) doesn't care what some person may or may not have said. What matters is WRITTEN law. And I've not found the heads of either GEPIK or EPIK reliable sources of law. I doubt SMOE is better. To list just one example their request for a deposit is NOT enforceable under Korean law. Yet they still have it in most contracts.
And SMOE has a history of screw-ups one of the most recent being when they over-hired by 100 foreigners.
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jonpurdy



Joined: 08 Jan 2009
Location: Ulsan

PostPosted: Mon May 24, 2010 9:03 pm    Post subject: Reply with quote

hochhasd wrote:

I get 10 days Winter, 10 days Winter and 5 days for rural. I can not be expected to have a crystal ball telling what I am going to do for the end of the contract in January. By the way the head person for Gepik is no help. Rolling Eyes


If you used those 10 days in the winter then you're completely entitled to your 10+5 days for the summer, regardless of what your school says. Take them during class time if you have to.

That's three whole weeks, too! Awesome.
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hochhasd



Joined: 05 Jul 2008

PostPosted: Mon May 24, 2010 9:14 pm    Post subject: Reply with quote

jonpurdy wrote:
hochhasd wrote:

I get 10 days Winter, 10 days Winter and 5 days for rural. I can not be expected to have a crystal ball telling what I am going to do for the end of the contract in January. By the way the head person for Gepik is no help. Rolling Eyes


If you used those 10 days in the winter then you're completely entitled to your 10+5 days for the summer, regardless of what your school says. Take them during class time if you have to.

That's three whole weeks, too! Awesome.


They worked out some half ass schedule with 6 days straight time off ,Friday half days that total 4 days and the rest leaving after my mothers class 2 days a week at 3pm and a half day days. They arrived at 15 days if you really consider it vacation Rolling Eyes I have had enough,while my co teacher is trying to help me . She is having a hard time understanding that the vp and principal do not give a #### Evil or Very Mad Get me out of this place.
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furtakk



Joined: 02 Jun 2009

PostPosted: Mon May 24, 2010 9:27 pm    Post subject: Reply with quote

hochhasd wrote:
They worked out some half ass schedule with 6 days straight time off ,Friday half days that total 4 days and the rest leaving after my mothers class 2 days a week at 3pm and a half day days. They arrived at 15 days if you really consider it vacation Rolling Eyes I have had enough,while my co teacher is trying to help me . She is having a hard time understanding that the vp and principal do not give a #### Evil or Very Mad Get me out of this place.


Rolling Eyes Really... you're trying to book 3 working weeks off, 2 months before you have to go home, and you are surprised that it's an issue?
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Mr. BlackCat



Joined: 30 Nov 2005
Location: Insert witty remark HERE

PostPosted: Mon May 24, 2010 10:03 pm    Post subject: Reply with quote

Unless the school asked the OP to use vacation days in the winter and s/he refused, this is really not his problem. I can understand them wanting to work it out so that it's not a 3 week block, but s/he's entitled to his/her vacation time. Should the OP have thought of this problem before, probably. But that doesn't negate the fact that s/he's entitled to the vacation days. Why didn't the school think of it before? Probably because they were hoping that this would happen and they could bully the teacher into giving up the days, which is what appears to be happening.

And I don't know which contract the OP is on, but with mine it says vacation will be arranged in co-ordination with the school. It doesn't say that the school's needs trump my vacation. I also don't know the law regarding this issue, but I highly doubt employers are allowed to reneg on contracted vacation days simply because they decide they need their employer to work.

OP, if your school doesn't want to give you the days say fine and tell them they can pay you the OT rate stated in your contract for those days per hour you need to be there. There's compromise and then there's your boss trying to steal 3 weeks of vacation from you.
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