Korean Job Discussion Forums

[StAxX SOuL]

So I took a job via a recruiter on what is close to two months ago now. However, since coming here I've had a chance to see what the LSA is all about and it appears a number of the terms in my contract are illegal and the working conditions are far from what they were suggested.

Now the problem is this. I never intended to bail out on my school but conditions have been such that another teacher who started at the same time as me has been forced to do just that . Contrary to the contract signed, even upon production of a sick note from the doctor advising 3 days rest, the school will not grant it to you because only contagious diseases are enough to be given a sick day. Instead if you take it, they'll take your wages and have threatened to null and void if its taken as a sick day.

The working day is 9.30 - 6.05pm and at no point is recess time granted. Lesson time isn't from these hours but these are the staying hours at school and the hours your expected not to use to pursue any of your own activities. If you're browsing the net you shouldn't be, you should be at your desk doing something work related, and I'm far from an avid browser at work. I have 3 hours free sometimes, but if I use them to do my grocery shopping then I'll be called into the boss' office and told that I shouldn't be.

Now from my understanding of the LSA a number of terms within my contract and the actions of my school are illegal:

1. I have a penalty clause in my contract which states if I leave without 60 days notice then I am to pay 100,000W per month for the remainder of my contract as a compensation to the school. If I give the 60 days notice then they 'gracefully' reduce that payment to 80,000W per month .

2. I'm granted no recess. My working hours since the school wish to use their authority over me during these hours are 9.30 - 6.05 and I'm expected to complete school related activities solely. That's 8hrs 35 minutes a day with no recess period for my own free use. Under the act I'm entitled to 1 hour for every 8 hours worked.

3. Thus, my week is 43 hours, 3 hours over the 40 hour limit as stated in the most recent amendment to the LSA. If I were granted recess, sure it would fall below, but I'm not.

4. For the first 3 months I'm deducted 200,000 which is some kind of deposit money and I receive it back at the end of the contract. [Now I'm not hugely bothered about the last one but from the understanding of Article 42 that I have, its still illegal.]




Now, I hadn't been actively searching for another job, but I accompanied the friend to a job interview the other day which she was recommended for and whilst I sat outside, the director invited me into the office and offered me a job with her establishment after a brief chat. 5hrs 30 minutes a day no lesson planning, grading, evaluation cards, making flashcards, creating test sheets etc etc. and given my unhappiness in my current position I'd like to join my former colleague in this new role.


What I'm looking for is whether the contract can be rendered null and void by the terms which violate the LSA thus freeing me to take up this new position. Also, how I would go about leaving this contract, maybe with just paying the airfare, or since a number of terms seem contrary to the Act, an anullment or having the contract deemed void.


Any help would be much appreciated.

[TheUrbanMyth]

Deposits are only illegal if you DON't agree to them. If you signed the contract, and agreed to these deposits, there is not much you can do. You should have asked for these deposits to be removed.

As for the time spent at work, if you take breaks between classes, those are counted as recesses regardless of what you are doing. What about the time you have for lunch.

[some waygug-in]

I don't know about the contract, but if you are that unhappy with the work situation you can give 30 days notice and walk away.

There is the ol' release letter issue to deal with though.

[StAxX SOuL]

[StAxX SOuL]

[Wangja]

[bellum99]

I don't understand the problem....I would have my contract and highlight the parts that I want to fight about and do it. I would use my time how I want...if they disagree then I would say the magic word "NO". I don't agree with you about having no choice...you let them screw you around and they think that it is okay now. It is simply a matter of you fighting about it and the other teachers not being cowards. Expect to get fired and expect to fight for everything at the end.

[spliff]

If you can't deal w/ it then...PULL A RUNNER!

[bellum99]

[StAxX SOuL]

[some waygug-in]

I don't know about you, but I'd be telling them to sod off if they tried to tell me what I can and can not do during break time.

You seem to know quite a bit about the labour laws, so why don't you act on what you know?

[TheUrbanMyth]

[the eye]

[Fat Sam]

[Grotto]