Site Search:
 
Speak Korean Now!
Teach English Abroad and Get Paid to see the World!
Korean Job Discussion Forums Forum Index Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Forced OT

 
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum
View previous topic :: View next topic  
Author Message
Milwaukiedave



Joined: 02 Oct 2004
Location: Goseong

PostPosted: Sun Nov 05, 2006 7:21 pm    Post subject: Forced OT Reply with quote

Ok, with out going into too much detail here is my question.

I am a public school teacher in Incheon. I teach 23 hours a week (22, plus one hour of ot) plus 4 teacher classes (I get paid ot for these as well). I willingly agreed to the teacher classes.

Next week, one of the other schools is having a camp in the middle of the year. I've been told I have to attend. Granted, they are paying ot for this so it's not an issue of being unpaid.

My issue is forced overtime. Can they force me to take on more?

I've looked at my contract and the only mention of working at other schools is that the employer and school board can designate any place they want as a workplace. So I've given up trying to use that.

Lately I've been stressed (my father in law is in the hospital) and they are swtiching my schedule around for school observation next week (luckly I don't have to prepare for that, but it does through the whole week out of wack).

I seem to have heard before that an employer can't force overtime, but I'd like to find where it says that so I can point it out.

Thanks,

David
Back to top
View user's profile Send private message
BigBuds



Joined: 15 Sep 2005
Location: Changwon

PostPosted: Sun Nov 05, 2006 7:25 pm    Post subject: Reply with quote

Forced overtime is illegal under Korean labor laws.
Back to top
View user's profile Send private message Send e-mail
Milwaukiedave



Joined: 02 Oct 2004
Location: Goseong

PostPosted: Sun Nov 05, 2006 8:01 pm    Post subject: Reply with quote

Yeah I'm aware of this, but can someone cite where it says this so I can point it out if need be.
Back to top
View user's profile Send private message
ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Nov 05, 2006 10:36 pm    Post subject: Reply with quote

Milwaukiedave wrote:
Yeah I'm aware of this, but can someone cite where it says this so I can point it out if need be.


I don't have the link handy here at work.

When I get home I will get you the section of the labor act that prohibits forced overtime.

One thing to be aware of is that it is only considered overtime if it is OUTSIDE your normal hours of work.

Extra work or classes within your scheduled 8:30-4:30 is NOT considered overtime under the labor act.

You are still only working 40 hours per week (as stipulated in your contract) in the eyes of the labor board. They are only concerned with HOURS of WORK not workload within those hours. In your case I suspect that it is strictly a contractual matter.
Back to top
View user's profile Send private message Send e-mail
BigBuds



Joined: 15 Sep 2005
Location: Changwon

PostPosted: Sun Nov 05, 2006 11:25 pm    Post subject: Reply with quote

Here is the labor act which states it:

Article 6 (Prohibition of Forced Labor)
An employer shall not force a worker to work against his own free will through the use of violence, intimidation, confinement, or any other means by which mental or physical freedom of workers might be unduly restricted.


Hope this helps.
Back to top
View user's profile Send private message Send e-mail
Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Mon Nov 06, 2006 11:23 pm    Post subject: Re: Forced OT Reply with quote

Milwaukiedave wrote:
I've looked at my contract and the only mention of working at other schools is that the employer and school board can designate any place they want as a workplace. So I've given up trying to use that.

Doesn't matter if the employer and the school board designates anything. If you don't have permission from Immigration (stamped on your ARC) to work at these other locations, it is illegal to work there. If you don't have these Immigration stamps on your ARC, they can in no way whatsoever force you to work them.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum All times are GMT - 8 Hours
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

TEFL International Supports Dave's ESL Cafe
TEFL Courses, TESOL Course, English Teaching Jobs - TEFL International