Korean Job Discussion Forums

[Muffin]

I have been offered a contract for a job that really appeals to me. The money is not above average, but the hours, age groups and location are good.

I am very happy but am worried about one clause in the contract. The employee is entitled to 5 days sick pay, however if they take more than 5 sick days a year they agree to pay for a subsitute teacher.

I have raised the issue with the person recruiting me (another teacher at the school) and she assures me that the school never uses substitutes.

I think the school is okay because the teachers working there have all renewed their contracts at least once. However the implications of that clause, should I be unlucky enough to get a serious illness are rather worrying. Does anyone know if substitutes are commonly used in Korea and if so what their daily rate is, and is the clause legal?

I don't want to lose this job, but I don't want to potentially sign away large chunks of my income at what could be a stressful time.

[Big Mac]

At least you have five sick days. In my last contract I had zero. I was unlucky enough to have to leave work one day because I had a serious case of the flu. I was warned that if it happened again, money would be deducted off my pay to be given to my replacement. Korean workplaces seem to be very intolerant of illness. So I would be happy with the five days and hope that you won't get sick for more than that.

[BigBuds]

If you take more than the 5 days off you won't get paid for the extra sick days anyway. So the money that you're not paid would go to a substitute if they use one. It would cancel it other out.

I would get clarification though, to make sure that if you don't get paid for those extra sick days, that they don't expect you to also pay for a substitute. If that's the case, it would then be a penalty clause which is illegal under Korean Labor Laws.

[sadsac]

Just ask them to remove that element of the clause. They are not able to make you pay for a substitute. As has been stated, it's illegal under Korean law. Unless you are off for a considerable period of time, attempting to find a substitute teacher is a major hassle and probably would never happen. They would more likley find a replacement teacher.

[Hollywoodaction]

Contact the labor board.

[Muffin]

I should also mention that I believe the school has fewer than 5 teachers so, the law may not apply.

I know efl_law.com advises against such schools but in all other ways the school seems okay, especially as the current teachers have renewed contracts at least once.

It is unlikely I would need more than 5 sick days, but anyone can have an accident and it would be added stress, laying in hospital, losing wages and then having to make up a substitute's wages out of my own pocket. It is unlikely, but this is the situation I am agreeing to if i sign the contract.

[ontheway]

It is common for businesses and workers to have no "sick days" in the Western sense in Korea. I asked about this when I first came here:
Me: "What about sick days? They're not in the contract."
Boss: "Don't get sick"

Now that I've been here many years, I understand the Korean sentiment. It does seem wrong in my Western eyes. But I do understand.

If you tend to get sick often, you should pass and look for another job. If you're normally healthy, then go for the job. Just don't get sick.

BTW, I once saw a guy on TV who was like a hundred years old and had worked around 75 or 80 years without a sick day, in the US.

[Muffin]

That is not the point. I have worked for schools in the UK with no sick pay.

The point is that if through no fault of my own I broke both my legs, I would have to pay for a substitute teacher. It is possible that a substitute would cost no more than my normal wages, but people on daily contracts usually command a higher rate to compensate for the insecurity, so I would have to pay the extra.

I have never seen a clause like that in a Western or Korean contract.

I realise that hagwons have to protect themselves from malingerers but the 'don't get sick' mentality implies that people always get sick on purpose! That is ridiculous.

I am happy with the 5 sick days offered, I am just unhappy with having to pay an unknown extra amount for a substitute.

I might add that I am not generally a sickly person.

[ontheway]

Oops, sorry.

About the contract. I would take out the part about paying for a substitute teacher. Offer to put in a clause stating that the teacher will not be paid for sick days in excess of 5 working days and that _____ won per day will be deducted from the teacher's regular monthly pay for sick days in excess of 5 per year.

I don't know how a small school can get a substitute foreign teacher anyway.

But, even if that clause is there, if you don't get sick it's not an issue. If you're really sick for longer than 5 days, the school will most likely have to replace you or close.

[BigBuds]

[bellum99]

Well...they do have a point. 99% of the time that I am sick, I could go to work if I wanted. I can do it, but I just don't want too. I suspect most people use the sick days when they are not sick (like me ).

[Muffin]

Thanks to some good advice on this thread, I did raise the issue with the school and they have changed the contract in my favour. I can now go to Korea with a clear mind.

[BigBuds]

Glad we could help

[Big Mac]