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Legal question regarding English teachers' rights in Korea

 
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kavaboy25



Joined: 03 Jul 2003
Location: U.S.A.

PostPosted: Tue Jul 08, 2003 4:24 pm    Post subject: Legal question regarding English teachers' rights in Korea Reply with quote

I'm actually writing this on behalf of my brother and sister-in-law who are currently teaching English in South Korea. They have been teaching at a certain school for five months now, and when they first received their contract here in the States, I went over it carefully with them. I have a degree in TESOL with enough experience, and so am pretty familiar with what to watch out for.

Anyway, the contract clearly stated an amount of overtime pay they would receive for overtime hours worked (time-and-a-half, I think). However, after one month of working there, they were told that the school was having financial difficulty, and therefore they would only be paid the normal hourly wage. Four months or so later, they are still not being compensated as stated in the contract, and are being worked into the ground (LOTS of overtime). To make matters worse, the school has promised one teacher he'll receive two extra paid vacation weeks if he signs back on for another year, and so my brother and sis-in-law will have to pick up the slack with even more overtime that will not be compensated properly.

I asked my brother if there was no legal recourse he could take, and he said the courts there treat these cases like a joke and they're never given attention. I've also been doing some research into the matter, and have found that in Korean culture what's stated in a contract isn't necessarily set in stone for the employer. Even so, they're still being overworked without being fairly compensated, and the employee must have some rights and recourses (maybe I'm just thinking like a North American).

My question is this: Does anyone know about anything that can be done? Maybe an international center of some kind that assists foreigners in this kind of situation. Any suggestion and/or information would be greatly appreciated.

Thank you.

Rodger
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Jul 09, 2003 5:49 am    Post subject: Re: Legal question regarding English teachers' rights in Kor Reply with quote

kavaboy25 wrote:
I'm actually writing this on behalf of my brother and sister-in-law who are currently teaching English in South Korea. They have been teaching at a certain school for five months now, and when they first received their contract here in the States, I went over it carefully with them. I have a degree in TESOL with enough experience, and so am pretty familiar with what to watch out for.

Anyway, the contract clearly stated an amount of overtime pay they would receive for overtime hours worked (time-and-a-half, I think). However, after one month of working there, they were told that the school was having financial difficulty, and therefore they would only be paid the normal hourly wage. Four months or so later, they are still not being compensated as stated in the contract, and are being worked into the ground (LOTS of overtime). To make matters worse, the school has promised one teacher he'll receive two extra paid vacation weeks if he signs back on for another year, and so my brother and sis-in-law will have to pick up the slack with even more overtime that will not be compensated properly.

I asked my brother if there was no legal recourse he could take, and he said the courts there treat these cases like a joke and they're never given attention. I've also been doing some research into the matter, and have found that in Korean culture what's stated in a contract isn't necessarily set in stone for the employer. Even so, they're still being overworked without being fairly compensated, and the employee must have some rights and recourses (maybe I'm just thinking like a North American).

My question is this: Does anyone know about anything that can be done? Maybe an international center of some kind that assists foreigners in this kind of situation. Any suggestion and/or information would be greatly appreciated.

Thank you.

Rodger


Why are they still working there? They should document the contract violations. Then take it to Immigration and file for a 60-day release. Or they should go to the Labour Board. If all else fails, they should give the boss a letter of resignation. He CANNOT stop them from leaving.

Just go and don't listen to any garbage from your boss about calling Immigration from stopping you. They can't. They can kick you out, that's it. Oops it was your "brother and sister-in-law" I should be referring to, shouldn't I? Very Happy
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waterbaby



Joined: 01 Feb 2003
Location: Baking Gord a Cheescake pie

PostPosted: Wed Jul 09, 2003 6:04 am    Post subject: Reply with quote

First of all, check out this site... EFL-Law and send them a copy of this post you've made here:
[email protected] and they will give a quick response.

There is legal recourse for them through the Labor Board. Also, make sure they know that if their boss chooses to fire them without notice before they have completed six months of their contract, there is nothing that the Labor Board can do about that.

I agree with TheUrbanMyth that they should notify immigration. They're not the bad guys. They understand the **** that goes down at shonky hagwons.
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kavaboy25



Joined: 03 Jul 2003
Location: U.S.A.

PostPosted: Wed Jul 09, 2003 12:50 pm    Post subject: Reply with quote

Thanks UrbanMyth & Waterbaby.

You were both very informative, and I've told my brother and sis-in-law to keep their eyes on this discussion. As far as why they don't leave their current hagwon, I've asked them the same question and they have a complicated situation I won't bore you with.

Anyway, thanks again. Also, if anyone has additional information, please, please, please continue to post it here.

Rodger
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