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vacation time

 
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Grotto



Joined: 21 Mar 2004

PostPosted: Sat May 01, 2004 11:32 pm    Post subject: vacation time Reply with quote

Once again my hagwon is pulling some shady shyte.

My contract reads that I get 10 days paid vacation above and beyond all korean national holidays. 3 of these days are reserved for the summer school vacation and the remaining 7 can be used after finishing the proportional period of your contract or before leaving Korea.

Now to me proportional: is once you have finished 1/2 your contract.
Am I wrong?

I have given them a month and a half notice and they were giving me the runaround so I calmly confronted them and asked about my vacation. Not possible! I was told; Why? You can only take your holidays at the end of your contract.

The teacher that was here before me was basically canned with 2 weeks left on her contract, she told them that she was going to take her 2 week of holidays at the end of the contract...they shorted her half a months pay, strangely enough they did pay out her bonus. I dont want to go through the same thing and I even mentioned to them that the teacher had told us that this is what had happened.

Now they want me to either cancel my holiday, or find a replacement to come out to Taebaek for the period of my vacation.

If anyone wants to take a vacation out in beautiful mountainous Taebaek email me asap.

My vacation is from May 17-21 Monday -Fri, so if you want some cash and a free place to stay for a week let me know.
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Toby



Joined: 15 Jan 2003
Location: Wedded Bliss

PostPosted: Sun May 02, 2004 12:08 am    Post subject: Reply with quote

Tell them where to go and to wake up to the modern world.

My school has unpaid vacatins, which w are trying to change.

You should be entitled to take a vaction anytime through the course of your contract. I know the bigger chains tell you when excactly, such as ECC, but small private run places don't do that.

I would pull them up on their contract and also tell them it is their responsibility to find a teacher. Not yours.
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J.B. Clamence



Joined: 15 Jan 2003

PostPosted: Sun May 02, 2004 1:04 am    Post subject: Re: vacation time Reply with quote

Grotto wrote:
the remaining 7 can be used after finishing the proportional period of your contract or before leaving Korea.

Now to me proportional: is once you have finished 1/2 your contract.
Am I wrong?


Do you mean "probationary" period? If that's what you mean, there's no set rule like "1/2 the contract"; it all depends on what the contract says. If the contract mentions a "probationary period", then it should define exactly how long that period is. If the contract does not specify the length of the period, then technically the school is free to make it as long as it wants.

And yes, it does sound like they are being unreasonable. If they promised you seven days after the probationary period has expired, then that shouldn't have to be at the very end of the contract. Ask them exactly when your probationary period is up.
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Grotto



Joined: 21 Mar 2004

PostPosted: Sun May 02, 2004 1:44 am    Post subject: Re: vacation time Reply with quote

Do you mean "probationary" period?

No I mean proportional...that is the exact wording of the contract.

I have told them that I would look...but that it is not my job.....it is their school, their business not mine! I have been looking for over a month now....had someone interested they didnt want to pay that much.


I think that they are just sitting on their hands waiting until my holiday time comes and say ohhhh sorry we couldnt find anyone no holiday for you.

Makes me want to scream, crush, kill, destroy Twisted Evil Exclamation
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J.B. Clamence



Joined: 15 Jan 2003

PostPosted: Sun May 02, 2004 3:17 am    Post subject: Reply with quote

What is a "proportional period"? Proportional to what exactly? I've never heard of that before.

Anyway, did you ask them when the period ends? What did they say?
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Grotto



Joined: 21 Mar 2004

PostPosted: Sun May 02, 2004 4:36 am    Post subject: proportional Reply with quote

the proportional period is after 50% of the contract has been fulfilled hence the greater portion ie:proportional
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Homer
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PostPosted: Tue May 04, 2004 7:16 am    Post subject: Reply with quote

Grotto,

proportional...as in how much time??

Does it say what the "proportion" is suppose to be...

About that 50% figure you quoted...is that in the contract or just your interpretation?

This is rather vague.

They owe you vacation time...the contract should clearly stipulate when you can take said vacation time....
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Grotto



Joined: 21 Mar 2004

PostPosted: Tue May 04, 2004 6:01 pm    Post subject: proportional Reply with quote

Hey Homer

I just looked it up in the dictionary.

pro= greater
portion = a part of a whole...the key word being 'part'

I talked to my friend who is a lawyer in Canada who specializes in contractual law and he said "proportional means either a set period of the contract which must be specified or any time length greater than 1/2 the contract if the time is not specified"

Then he asked me what the hell was I thinking for signing such an ambigious poorly worded contract Embarassed
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Homer
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PostPosted: Wed May 05, 2004 1:44 am    Post subject: Reply with quote

Cool Grotto.

Vague contracts...to be avoided... Laughing

Hope it all works out for you.


Look at it as a learning lesson...next contract (if you stay in Korea of course!) make sure that every clause is clearly understood by both parties.
This takes a little longer but its well worth it down the road.
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