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hypnotoad777
Joined: 05 Apr 2010
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Posted: Thu Apr 02, 2015 5:54 am Post subject: Legal Prob: Hagw. making work hours / do job not in contract |
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My schedule in the contract is 10 to 7. This is what I agreed to when I came aboard. I was hired to do research and development, but they asked me to substitute teacher on the "rare" case that a teacher was sick or there was an emergency. That schedule is 2 to 10. It is also not what I was hired to do.
I have subbed probably 20 days in total so far in 3 months (way more than rarely). One time was understandable (the teacher who was supposed to come bailed last minute) but another I was asked to sub for a teacher going on her honeymoon, doesn't strike me as an emergency situation. They keep telling me this is not usual for teachers to be gone this often but I am understandably having some doubts...
Just today, I was asked to sub for 3 weeks, because they are having trouble finding a new teacher. ...I honestly don't see this as my problem or an emergency. Not to mention it is outside of my work schedule as written in my contract.
I am not sure what I am supposed to do. Do I have any recourse other than quiting?
Thanks in advance... |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Thu Apr 02, 2015 6:03 am Post subject: Re: Legal Prob: Hagw. making work hours / do job not in cont |
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hypnotoad777 wrote: |
My schedule in the contract is 10 to 7. This is what I agreed to when I came aboard. I was hired to do research and development, but they asked me to substitute teacher on the "rare" case that a teacher was sick or there was an emergency. That schedule is 2 to 10. It is also not what I was hired to do.
I have subbed probably 20 days in total so far in 3 months (way more than rarely). One time was understandable (the teacher who was supposed to come bailed last minute) but another I was asked to sub for a teacher going on her honeymoon, doesn't strike me as an emergency situation. They keep telling me this is not usual for teachers to be gone this often but I am understandably having some doubts...
Just today, I was asked to sub for 3 weeks, because they are having trouble finding a new teacher. ...I honestly don't see this as my problem or an emergency. Not to mention it is outside of my work schedule as written in my contract.
I am not sure what I am supposed to do. Do I have any recourse other than quiting?
Thanks in advance...
Keith |
At this point you have 3 options:
1) Quit and look for a new job in another country.
As someone on an E2 you are virtually screwed if you quit (they need to give you a LOR for you to find new work in Korea and they are under NO (legal) obligation to give you one).
2) Do it and stay employed.
3) Say no and wait to get fired.
At the 3 months of employment then can terminate your employment at will without cause and you have virtually no leg to stand on at the labor board.
Pick one.
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hypnotoad777
Joined: 05 Apr 2010
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Posted: Thu Apr 02, 2015 6:15 am Post subject: |
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I am actually at the 4 month mark...The subbing started Month 2.
I am more looking for advice on how to handle this in a political way involving my contract-based arguments. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Thu Apr 02, 2015 3:54 pm Post subject: |
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hypnotoad777 wrote: |
I am actually at the 4 month mark...The subbing started Month 2.
I am more looking for advice on how to handle this in a political way involving my contract-based arguments. |
Be diplomatic and you will get nowhere.
There is no "win" for you in this situation.
You work at a hagwon. You are not at home. The rulebook is different.
Unless there is an actual breach of labor law your options are to put-up, shut-up or start looking at China.
If there is an actual breach of labor law then you can use the labor board to deal with it then look at China since you will get fired anyway.
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PRagic

Joined: 24 Feb 2006
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Posted: Thu Apr 02, 2015 9:25 pm Post subject: |
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If teaching isn't even in your contract, you should just be terrible at teaching. I mean so bad that they'll cringe. If they insist you do better, insist that you weren't hired to teach and aren't very good at it. Or quite simply say no and let the chips fall where they may. Sounds like they're trying to skate on having to hire another teacher. Another option is to let your research duties really slide and blame that on having to wear two hats too often.
ttompatz is the go-to poster when it comes to the legal stuff. If you do do these, know that they may just fire you.
He's also right in that things work differently here. If 20+ years have taught me anything, it's 1) choose your battles carefully, and 2) if you bend over once, be prepared to stay bent over for a long, long time. I've always played these realities against just how big of a pain in the arse it would be for them to replace me in a timely fashion. More work for them? Not worth it to diddle you.
You'll notice that Koreans are always, and I mean ALWAYS pontifying about how busy they are and how tired they are; many at work will actually practice a form of terribly tired acting. The message they're sending is, 'Don't give my anything else to do!!!!!' You'll also notice that Koreans don't pipe up with new ideas or suggestions a lot at meetings. Why? Because if you do that in Korea, THAT becomes YOUR new responsibility. A lot of westerners just love to think out loud. NOT a good thing to do here. |
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PRagic

Joined: 24 Feb 2006
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Posted: Thu Apr 02, 2015 9:29 pm Post subject: |
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What may not have come across in my post is that it's generally not a good idea to make it 'about the contract'. Contracts here (as in many places) are basis to start a work relationship and some flexability is to be expected. IF you're going to make a case for not doing the teaching, use the tips posted above, but don't go wining on about 'the contract'. |
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