| View previous topic :: View next topic |
| Author |
Message |
Milwaukiedave
Joined: 02 Oct 2004 Location: Goseong
|
Posted: Sun Nov 05, 2006 7:21 pm Post subject: Forced OT |
|
|
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 |
|
 |
BigBuds

Joined: 15 Sep 2005 Location: Changwon
|
Posted: Sun Nov 05, 2006 7:25 pm Post subject: |
|
|
| Forced overtime is illegal under Korean labor laws. |
|
| Back to top |
|
 |
Milwaukiedave
Joined: 02 Oct 2004 Location: Goseong
|
Posted: Sun Nov 05, 2006 8:01 pm Post subject: |
|
|
| 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 |
|
 |
ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
|
Posted: Sun Nov 05, 2006 10:36 pm Post subject: |
|
|
| 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 |
|
 |
BigBuds

Joined: 15 Sep 2005 Location: Changwon
|
Posted: Sun Nov 05, 2006 11:25 pm Post subject: |
|
|
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 |
|
 |
Young FRANKenstein

Joined: 02 Oct 2006 Location: Castle Frankenstein (that's FRONKensteen)
|
Posted: Mon Nov 06, 2006 11:23 pm Post subject: Re: Forced OT |
|
|
| 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 |
|
 |
|