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contract interpretaion

 
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mamagnome



Joined: 19 Aug 2006
Location: Ulsan

PostPosted: Mon Aug 21, 2006 6:52 am    Post subject: contract interpretaion Reply with quote

I'm new to this board so forgive me if this is the wrong place to bring this up. I am nearing my midpoint of the contract. But it has bugged me ever since I discovered the sneaky way they interpret the contract at my school. I signed up for 110 hours a month thinking that would be a little easier than the 120 I saw at other jobs. So I thought the 1.9 million was fair enough. At my school a month isn't a month. A month is 20 work days. So what happens to the other 21 work days a year? Those are my holidays and vacation days. What this means is that I am not getting paid for these days but instead must work the compensating hours on the other days. Also I would have thought that I would get paid for the time I start teaching till when I finish with the possible exception being lunch or free periods. Not so. I get paid only for the exact minutes I am actually in front of the kids teaching so that eliminates the five minutes allowed between classes during which time we not only change classes on a two story buiding but must also get our new class materials in the teachers room before starting the new class. My school essentially runs two schools in one. A kindergarten and an elemenatry after school which means we start at 9:35 and finish at 6:25. I am teaching 11 out of 12 periods which to keep up with, means I am putting in 10-12 hour days. But usually I don't get over time. This month only has 19 days so there went any over time.
I am wondering if all contracts are like this or if my boss is the only one to do such sneaking interpretation. I'm also not getting health insurance and paying way more for tax than I should be. Anybody have a good suggestion? I get along fine with all the teaching staff and most of the students. I am just working a lot harder than I feel is fair or want to work.
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Grotto



Joined: 21 Mar 2004

PostPosted: Mon Aug 21, 2006 7:17 am    Post subject: Reply with quote

wow! You are getting shafted and good. The problem stems from you not putting your foot down at the beginning and saying this is unacceptable and a poorly written contract.

Choices are: Sit down with your boss and tell them that you are willing to teach (how long are the classes?.....40 minute classes agree to teach 32 per week.....45 or 50 agree to teach 30 per week.....teaching 11 classes a day is crazy)

OR

Give notice and walk away, find a better job.
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cmr



Joined: 22 Mar 2006

PostPosted: Wed Aug 23, 2006 3:30 am    Post subject: Reply with quote

Get a Korean friend/boyfriend/girlfriend to call at the Korean Labor Law office to get the information you need about the proper way to calculate the working hours in a month and whatever else you believe is wrong with your contract. Once you have official information, you can go see your director and let him know that he's going against the law and that you demand some modifications.

A few years ago, I was in a hagwon where they wanted to cut down on my vacation days. I went to Korean Labor Law with my girlfriend (Korean) and got the answer that my boss was bound to give me the number of vacation days written in my contract. I went to see my boss and told him about it and gave him the phone number for Labor Law. My boss never mentioned anything about my vacation anymore after that.

The same boss wanted to change the way my working days were calculated in a month. I don't remember the deal, but anyway, I told him it was not going to happen and if he pushed it too much I'd go to Labor Law again. Never heard of it afterwards.

So, basically, what I'm saying here is that you need to get the official information and then you know if the law is on your side or if you have to deal with you boss. For some issues, there is simply nothing written in the Korean Law about them, so you have to deal with your boss.

Hope it helps and good luck!
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inkoreaforgood



Joined: 15 Dec 2003
Location: Inchon

PostPosted: Wed Aug 23, 2006 3:54 am    Post subject: Reply with quote

Better yet, get over to efl-law and get some good info.
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Panic



Joined: 03 Aug 2006
Location: Busan

PostPosted: Wed Aug 23, 2006 3:54 am    Post subject: Reply with quote

I recently got fired for refusing to teach 10 classes a day and am now happy to be shot of my Hagwon slave driver.

I would seriously consider breaking out of this contract and finding another. Therefore can you post what (if any) penalties your contract suggests you will incur if you leave?

You are required by Korean Labor law to give only 30 days notice.

Panic
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mamagnome



Joined: 19 Aug 2006
Location: Ulsan

PostPosted: Wed Aug 23, 2006 5:11 am    Post subject: contract interpretaion Reply with quote

Thanks to all of you for your comments.
To break my contract, all I need to do is give 30 days notice. Now I have worked enough to pay for my plane ticket over here. Yeah I should have complained earlier, but I thought there wouldn't be anything I could accomplish by comlaining. I like the idea of getting info. I don't have anyone I can think of who could help me get it. I can ask around. I am currently trying to talk to another teacher. He has said all along that what got me screwed was the recruiter, but has offered no help. He has a much better deal. He doesn't have to work nearly as much and gets paid more, but he has been here for several years.
At first I had no idea but what I encountered is normal. Also things have continually been added on to. This month it is a summer program that has added to my work load. So it will soon drop back about an hour but is still more than I expected or care to work. Class periods vary from 30 minutes, 35 minutes to 40 minutes. How do you calculate class totals to give a max to your boss? I also have about 40-50 phone teaching calls to make each month. That began after the first month or two.

OK so if anyone out there knows of a good situation, pass it on. I have adjusted to the country. I work very hard. 90% of my students love me half to death. My darling little 5yr olds who did not speak a word of English at the beginning are a wonder to behold.

When I started, we had a teacher about to quit. She was young and energetic but had daily migraines that she got after the second period or so. When she told her boss she was working too hard he increased her load. The Korean teachers work as hard as I do. We are losing a third in the 6 months I have been here.
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inkoreaforgood



Joined: 15 Dec 2003
Location: Inchon

PostPosted: Wed Aug 23, 2006 2:05 pm    Post subject: Reply with quote

Panic wrote:
I recently got fired for refusing to teach 10 classes a day and am now happy to be shot of my Hagwon slave driver.

I would seriously consider breaking out of this contract and finding another. Therefore can you post what (if any) penalties your contract suggests you will incur if you leave?

You are required by Korean Labor law to give only 30 days notice.

Panic


This is incorrect.
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mamagnome



Joined: 19 Aug 2006
Location: Ulsan

PostPosted: Thu Aug 24, 2006 3:34 am    Post subject: Reply with quote

What is incorrect? The 30 days notice? My contract says I must give 20 work days notice which at my school is a month.

My main problem at my school is that instead of getting paid for holidays and vacations they just work around them so it means I have to work a lot harder each day to pay for the days off. It doesn't seem legal to me but I'm told is just a matter of interpretation. I would love to have proof that this isn't legal so I could show my boss. Unfortunately I like my boss so it is hard for me to stick up for myself. I know that everything is about money and he squeezes for what he can get. I want to be able to go to my boss with some pretty convincing stuff so he could change my contract.
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Panic



Joined: 03 Aug 2006
Location: Busan

PostPosted: Thu Aug 24, 2006 6:13 am    Post subject: Reply with quote

inkoreaforgood wrote:
Panic wrote:
I recently got fired for refusing to teach 10 classes a day and am now happy to be shot of my Hagwon slave driver.

I would seriously consider breaking out of this contract and finding another. Therefore can you post what (if any) penalties your contract suggests you will incur if you leave?

You are required by Korean Labor law to give only 30 days notice.

Panic


This is incorrect.


What specifically is incorrect?
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