Korean Job Discussion Forums

[burnburn87]

I have been employed at an academy since October and I have a one year contract. My monthly salary is 2.1 million won. This month my boss wants me to attend three training days but has told me I will not be paid for these days and I will receive 300,000 won less pay (1.8 million) this month. Is this legal? Do I have to accept this?

I've included the relevant sections of my contract below. Section G of Teacher benefits mentions unpaid training, but it explicitly states that this will take place before I start teaching at the institute. As I already mentioned, I have taught at this institute since October. I think Section G of Teacher Obligations and Section A of Teacher Benefits seem to guarantee I will receive 2.1 million won for each month of the contract.

These are the relevant sections of my contract:

TEACHER OBLIGATIONS
G. Period of Contract
Although pay starts the day the Teacher starts Teacher Training Program, the effective date of this contract is the first teaching day not training in the institute. The total period of this agreement is approximately one year, commencing from the first day of the Teacher’s 1st session and finishing on the last day of the teacher’s 12th teaching session.

The period of this contract shall be one (1) year
From: October 2014
To: October 2015

TEACHER BENEFITS
A. Monthly Salary
The Institute will pay the teacher a total monthly basic salary each month and will be pay on the fifth of each month for the previous monthly salary. The monthly salary is based on a calendar month, not the monthly teaching session. The monthly salary is based on a calendar month, not the monthly teaching session.

G. Teacher Training Program (TTP)
The teacher shall have a training period before starting to teach in the Institute. The training period will not exceed four weeks. The teacher shall not receive regular daily calculated salary during the TTP as of three days but The Institute shall pay the TTP attending fee.

COMPENSATION PACKAGE
Monthly Salary: 2.1 million KRW before tax

Thanks for any advice you might have about this...

[Coltronator]

No, anything they send you to they need to pay you to once you have started your contract. Just say no pay you won't go. Don't let them push you around.

[burnburn87]

Thanks, yeah that's what I thought. I've been using my co-worker as a go-between as the director doesn't speak much English. I only found out the training was unpaid yesterday and as soon as I got home I checked my contract and sent those sections to my co-worker, who talked to the director about it today. They kept mentioning that during our initial interview they said training would be unpaid, but I assumed they meant any training they gave me before I started. At first the director told her point-blank that there's no pay for this training period. I phoned my co-teacher after I finished training today and told her that I was pretty sure it was illegal and would go to labor board if the director refused to pay me the amount guaranteed by my contract. She spoke with the director one more time, and the director said the same thing again, but said she'll wait until I get back to work on Monday to discuss it with me face-to-face. I'm thinking the best thing to do now is do the next two training days and then argue it out with her at work on Monday?

I've posted pretty much this same thing at the Korean labor's question and answers site, and I told my co-teacher to mention that to the director - still waiting for a response from the labor board site.

[nicwr2002]

Although pay starts the day the Teacher starts Teacher Training Program

The training period will not exceed four weeks. The teacher shall not receive regular daily calculated salary during the TTP as of three days but The Institute shall pay the TTP attending fee.

These things contradict. Also, the time you enter Korea starts your contract/visa period of sojourn. The hagwon doesn't decide that.

So, if the training period is 4 weeks, you won't get paid for 2 months?

[burnburn87]

[Troglodyte]

If your boss makes a fuss about it then DO NOT threaten again to go to the LB. Just go to the LB the next day. If you go to the LB and then get fired, you can transfer your visa. If you get fired before you go, the situation might not be crystal clear to the LB, particularly if your boss makes up some other reason for firing you.

Your employer is not allowed to make any deductions (other than for taxes and such if he's paying them on your behalf). Even if you didn't come in to work one day, your boss still can't deduct the pay from your salary without a court order. Granted, if you simply didn't show up to work, he'd probably get approval to deduct that money (or to keep the money if he'd already deducted it). But he'd have a hard time getting approval to deduct money because HE sent you on a mandatory training course. In fact, the court case would hurt him because it would go on his record and be held against him in any future encounters with the court or the LB.

[burnburn87]

[toonchoon]

Labor Board before anything. They actually DO help foreigners in this country. Everybody knows that most hakwon employers are bottom feeders and will do anything to screw anything and anybody over. Good luck!