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Porksta
Joined: 05 May 2011
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 Posted: Mon Jun 08, 2015 5:47 pm Post subject: MERS and Saturdays |
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| I know some schools have been canceled because of MERS, and some people have to make it up on Saturday. If my contract says my work hours are M-F, can a school force me to come in and do a make-up day? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Jun 08, 2015 6:06 pm Post subject: Re: MERS and Saturdays |
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| Porksta wrote: |
| I know some schools have been canceled because of MERS, and some people have to make it up on Saturday. If my contract says my work hours are M-F, can a school force me to come in and do a make-up day? |
Can they force it without your consent = no.
Do they need to keep you employed if you refuse = also no.
30 days notice and you are gone.
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Scorpion
Joined: 15 Apr 2012
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| Posted: Mon Jun 08, 2015 7:44 pm Post subject: |
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But how can that be if he has a contract saying M-F? Wouldn't the Labor Board support him? On what legal basis could he be dismissed for simply following the terms of his contract, which his employer also signed?
Silly me, forgot where I was for a moment.  |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Jun 08, 2015 8:37 pm Post subject: |
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30 days written notice and they don't need a reason (labor law) beyond managerial discretion.
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Porksta
Joined: 05 May 2011
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| Posted: Mon Jun 08, 2015 9:06 pm Post subject: |
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| Or no notice and 30 days pay. |
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Bongotruck
Joined: 19 Mar 2015
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| Posted: Tue Jun 09, 2015 6:15 pm Post subject: |
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Ha ha you will never see that money.
| Porksta wrote: |
| Or no notice and 30 days pay. |
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Scorpion
Joined: 15 Apr 2012
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| Posted: Tue Jun 09, 2015 6:37 pm Post subject: |
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| ttompatz wrote: |
30 days written notice and they don't need a reason (labor law) beyond managerial discretion.
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Would you mind pointing out that clause in the GEPIK contract? It's not there, and I've never heard of this rule before. And I've been with GEPIK for a decade. |
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SeoulNate
Joined: 04 Jun 2010
Location: Hyehwa
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| Posted: Tue Jun 09, 2015 7:07 pm Post subject: |
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| Scorpion wrote: |
| ttompatz wrote: |
30 days written notice and they don't need a reason (labor law) beyond managerial discretion.
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Would you mind pointing out that clause in the GEPIK contract? It's not there, and I've never heard of this rule before. And I've been with GEPIK for a decade. |
Labor law. Applies in all cases. |
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Scorpion
Joined: 15 Apr 2012
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| Posted: Tue Jun 09, 2015 8:37 pm Post subject: |
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| My contract states very clearly the terms and conditions under which my contract can be terminated. That is not one of them. Three warnings must also be given. So, I'm calling BS on this one. |
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Weigookin74
Joined: 26 Oct 2009
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| Posted: Tue Jun 09, 2015 8:48 pm Post subject: |
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Hakwon - fired on trumped up charges or given a 30 day notice or pay.
Public school - they'll agree to your terms but if they're really pissed about it. No contract renewal for some reason or other. I personally would not give up summer or winter vacation. I'd deskwarm or whatever they require or a sick day or an unpaid day. But nuts if my real vacation gets messed up. |
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Scorpion
Joined: 15 Apr 2012
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| Posted: Tue Jun 09, 2015 9:15 pm Post subject: |
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That's the actually problem, right there. You insist on your rights set out in the contract and your contract is not renewed.
Quite the country. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Jun 09, 2015 11:37 pm Post subject: |
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| Scorpion wrote: |
| ttompatz wrote: |
30 days written notice and they don't need a reason (labor law) beyond managerial discretion.
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Would you mind pointing out that clause in the GEPIK contract? It's not there, and I've never heard of this rule before. And I've been with GEPIK for a decade. |
Labor law trumps contract: An employer is free to release you without reason (beyond managerial) with 30 days notice or 30 days pay in lieu of notice.
Your contract MAY give you some additional protection but then it is a civil matter (sue them for it) and not a labor board issue. The labor board won't help you if labor law wasn't broken.
And you are unlikely to get awarded any punitive damages here. Out of pocket losses are about as good as it gets. This is not the Litigious States of America.
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Scorpion
Joined: 15 Apr 2012
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| Posted: Wed Jun 10, 2015 6:37 pm Post subject: |
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Ttompatz wrote: Labor law trumps contract
Yes, but only when the contract is in violation of labor law. How are the sections in my contract protecting me from summary dismissal in violation of labor law?
I think you are wrong on this one. |
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maximmm
Joined: 01 Feb 2008
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| Posted: Wed Jun 10, 2015 7:17 pm Post subject: |
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I think Ttompatz is correct - our contracts are written in such a manner that either party can break the contract with sufficient warning without the need for a legitimate reason.
Having said that - does it mean that we should now turn into slaves that obey every command of our employers in spite of our contract because we can be easily replaced?
Methinks not. |
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Scorpion
Joined: 15 Apr 2012
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| Posted: Wed Jun 10, 2015 7:25 pm Post subject: |
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| maximmm wrote: |
Our contracts are written in such a manner that either party can break the contract with sufficient warning without the need for a legitimate reason.
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Mine isn't. I know a lot of hogwan contracts are composed of smoke and mirrors and are clearly intended to be open to the employers' interpretation. GEPIK contracts are not like that. They used to be (somewhat) but in recent years they have tightened up considerably. |
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