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The law regarding breaktimes.

 
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jondepoer



Joined: 02 May 2010

PostPosted: Wed Nov 24, 2010 2:13 am    Post subject: The law regarding breaktimes. Reply with quote

Hello,

I've been here a couple of years now, and I've learned that labor law is not viewed in the same way as back home.

However, I was wondering if anyone knows how break-times are enforced among foreign workers.

I currently work at a private school where I am required to work from 1:30-8:30 (including 1 hour of prep. for the first hour). My prep time is not paid, but I am required to be there.

My contract states that I work 6000 minutes a month, no more than 110 hours, and 1 hour of unpaid prep per day. Classes are 50 mins. each. For the first few months, I would have only 4-5 classes a day as the hagwon is brand new, and growing. Around the 4 month mark, my schedule was bumped up to 6 classes straight per day + my hour of prep. Now, assuming that the 10 minute breaks are paid, 6 classes a day puts me at 120 hours a month, or 10 hours of overtime...

...so I thought. The main branch of my school franchise ruled that the 10 minute breaks between classes are unpaid. Now, I rarely have an uninterrupted break, as I teach 150 students on a rotating basis, and someone always has a problem of some kind. I think the wording is extremely deceiving, and I fought to issue to no avail.

So the question: can anybody confirm that I have a legal right to a paid break after working 7 hours a day? Aside from being a dick-move to say that I'm off the clock for 10 minutes between classes, do I have any legal recourse?
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Nov 24, 2010 6:12 pm    Post subject: Re: The law regarding breaktimes. Reply with quote

jondepoer wrote:
Hello,

I've been here a couple of years now, and I've learned that labor law is not viewed in the same way as back home.

However, I was wondering if anyone knows how break-times are enforced among foreign workers.

I currently work at a private school where I am required to work from 1:30-8:30 (including 1 hour of prep. for the first hour). My prep time is not paid, but I am required to be there.

My contract states that I work 6000 minutes a month, no more than 110 hours, and 1 hour of unpaid prep per day. Classes are 50 mins. each. For the first few months, I would have only 4-5 classes a day as the hagwon is brand new, and growing. Around the 4 month mark, my schedule was bumped up to 6 classes straight per day + my hour of prep. Now, assuming that the 10 minute breaks are paid, 6 classes a day puts me at 120 hours a month, or 10 hours of overtime...

...so I thought. The main branch of my school franchise ruled that the 10 minute breaks between classes are unpaid. Now, I rarely have an uninterrupted break, as I teach 150 students on a rotating basis, and someone always has a problem of some kind. I think the wording is extremely deceiving, and I fought to issue to no avail.

So the question: can anybody confirm that I have a legal right to a paid break after working 7 hours a day? Aside from being a dick-move to say that I'm off the clock for 10 minutes between classes, do I have any legal recourse?


Article 54 of the KLSA states

(1) An employer shall allow a recess period of more than 30 minutes for every 4 working hours and more than 1 hour for every 8 working hours during the working hours.

(2) A recess period may be freely used by workers.


But unless the labor laws have changed in the last two years...there's nothing about having a paid break.


As for legal recourse you could always try the labor board. But it's hard to say that you would win and regardless of the outcome it's going to make for a poisonous work environment.
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jondepoer



Joined: 02 May 2010

PostPosted: Wed Nov 24, 2010 9:43 pm    Post subject: Reply with quote

Ok, thanks. Despite being a lousy situation, I don't think I will pursue this.
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