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Am I being ripped-off?
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TiGrBaLm



Joined: 28 Feb 2003
Location: Hubcap of Asia

PostPosted: Wed Mar 07, 2007 9:30 pm    Post subject: Am I being ripped-off? Reply with quote

First of all here is my schedule

Week 1 M : 4 T : 5 W: 4 Th : 5 F: 6 = 24 hours

Week 2 M : 4 T : 5 W : 4 Th : 1 F : 6 = 20 hours

Week 3 M : 4 T : 5 W : 4 Th : 5 F : 6 = 24 hours

Week 4 M : 4 T : 5 W : 4 Th : 1 F : 6 = 20 hours

W1 and W3 Thursdays I go to my other school and I have to use the taxi
Fridays are spent at my 3rd school

Now, my contract states that anything over 22 hours is to be considered overtime.

My coteacher tells me that I don't get OT for weeks 1 and 3 since the avg. hours worked over 1&2 and 3&4 is 22. She says that the schedule was set up that way so that I wouldn't have to travel to my satellite school every thursday and thus the time is averaged out.

To me this seems like a load of bollocks. Using this logic they could ask me to work 40 hours during w1 and give me 4 classes the next week and say "no OT!, avg. is 22 hours!"

What am I to do?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Mar 07, 2007 9:40 pm    Post subject: Re: Am I being ripped-off? Reply with quote

TiGrBaLm wrote:
First of all here is my schedule

Week 1 M : 4 T : 5 W: 4 Th : 5 F: 6 = 24 hours

Week 2 M : 4 T : 5 W : 4 Th : 1 F : 6 = 20 hours

Week 3 M : 4 T : 5 W : 4 Th : 5 F : 6 = 24 hours

Week 4 M : 4 T : 5 W : 4 Th : 1 F : 6 = 20 hours

W1 and W3 Thursdays I go to my other school and I have to use the taxi
Fridays are spent at my 3rd school

Now, my contract states that anything over 22 hours is to be considered overtime.

My coteacher tells me that I don't get OT for weeks 1 and 3 since the avg. hours worked over 1&2 and 3&4 is 22. She says that the schedule was set up that way so that I wouldn't have to travel to my satellite school every thursday and thus the time is averaged out.

To me this seems like a load of bollocks. Using this logic they could ask me to work 40 hours during w1 and give me 4 classes the next week and say "no OT!, avg. is 22 hours!"

What am I to do?


Bite the bullet or pick a fight and make the extra taxi ride every week.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Mar 07, 2007 9:42 pm    Post subject: Reply with quote

Check article 7 in your contract. 7-4 says this (in mine anyways...italics are mine)


"Employee shall be paid for the extra working hours. If Employee's actual weekly class instruction hours exceed twenty-two (22) hours, Employee shall be entitled to a supplementary class instruction pay of 20,000 Won per hour..."

Key word is weekly...not monthly. Check to make sure your contract specifies this. If so you have a case. Show them the contract and tell them it's weekly overtime pay...not monthly.

I hope this helps....[/i]
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TiGrBaLm



Joined: 28 Feb 2003
Location: Hubcap of Asia

PostPosted: Wed Mar 07, 2007 9:52 pm    Post subject: Reply with quote

Thanks UM

here's the article from my contract:

Actual class instruction hours of Employee shall not exceed twenty-two(22) hours per week. If, however, Employee's actual weekly class instruction hours exceed twenty-two(22) hours due to supplementary class instruction, Employee shall be entitled to a supplementary class instruction pay at the rate applicable to Korean teachers for the supplementary class instruction hours

I guess I have a valid case then, so do I just flash the Korean portion of the contract to them or is there a better way to do so w/o looking too hostile?
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Richard Krainium



Joined: 12 Jan 2006

PostPosted: Wed Mar 07, 2007 9:57 pm    Post subject: Reply with quote

Does your ARC show three different work places?

You may be in for a surprise if immigration shows up at one of your schools.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Mar 07, 2007 10:12 pm    Post subject: Reply with quote

TiGrBaLm wrote:
Thanks UM

here's the article from my contract:

Actual class instruction hours of Employee shall not exceed twenty-two(22) hours per week. If, however, Employee's actual weekly class instruction hours exceed twenty-two(22) hours due to supplementary class instruction, Employee shall be entitled to a supplementary class instruction pay at the rate applicable to Korean teachers for the supplementary class instruction hours

I guess I have a valid case then, so do I just flash the Korean portion of the contract to them or is there a better way to do so w/o looking too hostile?


Like I said before. You have a valid case BUT

There are times to bite the bullet and times to fight it out.

They did this ostensibly to save you the extra 2 taxi trips each month. Do you want to stick to the letter of the contract and make the extra 2 rides or just bite the bullet and work the average.

If the circumstances were different it might become worth your while to fight it out (40 hours and 4 hours) but personally, it might be in your interest to point out that your contract says weekly not monthly average, then bite the bullet and save the ammunition for a later date.

Time to dig out your interpersonal and negotiating skills.

There will be bigger fish to fry.

Just my humble opinion.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Mar 07, 2007 10:15 pm    Post subject: Reply with quote

TiGrBaLm wrote:
Thanks UM

here's the article from my contract:

Actual class instruction hours of Employee shall not exceed twenty-two(22) hours per week. If, however, Employee's actual weekly class instruction hours exceed twenty-two(22) hours due to supplementary class instruction, Employee shall be entitled to a supplementary class instruction pay at the rate applicable to Korean teachers for the supplementary class instruction hours

I guess I have a valid case then, so do I just flash the Korean portion of the contract to them or is there a better way to do so w/o looking too hostile?



Just ask them to sit down with you and say something like "Excuse me but I think we have a problem. My contract clearly says that I will be paid overtime for weekly overtime"

Don't let them sidetrack you into discussions about the month or anything else. You could though end up doing 22 classes each week....they might change your schedule to avoid paying you overtime...be aware of that. (See what the above poster wrote).
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TiGrBaLm



Joined: 28 Feb 2003
Location: Hubcap of Asia

PostPosted: Wed Mar 07, 2007 10:52 pm    Post subject: Reply with quote

Richard Krainium wrote:
Does your ARC show three different work places?

You may be in for a surprise if immigration shows up at one of your schools.


nope, just one, isn't it OK if it's a public school?
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TiGrBaLm



Joined: 28 Feb 2003
Location: Hubcap of Asia

PostPosted: Wed Mar 07, 2007 11:03 pm    Post subject: Reply with quote

Well I agree with both of you, I will talk to her about this, but Tom, how would this help me by saving it for later?

I also decided to figure out the economics of this whole thing

stick to what they say : no OT@20000/hr but save on 2 round trip taxi rides @ 14000 each + 4RT bus rides @2000 each ; travel expense fund is 60000 so net gain = 24000

have everything balanced out : OT = 80000 Travel expenses = 64000
net gain = 16000

The other thing is they asked if I want to do OT but that would totally throw things out of whack if I stick to their "save you time schedule" and complicate things further

Ughhh...what a headache
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Mar 07, 2007 11:13 pm    Post subject: Reply with quote

TiGrBaLm wrote:
Well I agree with both of you, I will talk to her about this, but Tom, how would this help me by saving it for later?

I also decided to figure out the economics of this whole thing

stick to what they say : no OT@20000/hr but save on 2 round trip taxi rides @ 14000 each + 4RT bus rides @2000 each ; travel expense fund is 60000 so net gain = 24000

have everything balanced out : OT = 80000 Travel expenses = 64000
net gain = 16000

The other thing is they asked if I want to do OT but that would totally throw things out of whack if I stick to their "save you time schedule" and complicate things further

Ughhh...what a headache


You forgot the pain the the axx (opportunity cost) of the time in travel.

Since they were trying to save you the extra rides but costing you the extra pay, point out the error of their way and continue to do it their way.

Later when you have a bigger fish to fry you can show that they bent the rules a bit in their favor and now it is time to bend a bit for you.

It's all in the relationship... dig out those interpersonal skills and put them to good use.

Is the fight now really worth the price of a couple beers or could you put it to better use down the road? Stick to the contract now and expect them to stick like glue later when you need a small bend. Tit for tat. Be careful what you wish for... you may get it.

.
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ED209



Joined: 17 Oct 2006

PostPosted: Wed Mar 07, 2007 11:26 pm    Post subject: Reply with quote

Not sure it always works like that. In my experience (which includes public school) you give them an inch they take a mile. When they bend the rules in their favour they don't see themselves as in the wrong or as misinterpreting the contract. Just tell them that all other teachers are treated differently and get overtime for the extra hours. I know a lot of PS teachers don't want to piss the boss off cos they want the xtra vacation time off, but in this country the baby that screams the most is the baby that gets fed.
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TiGrBaLm



Joined: 28 Feb 2003
Location: Hubcap of Asia

PostPosted: Thu Mar 08, 2007 12:06 am    Post subject: Reply with quote

Well I talked to her and this is the gist of what I got

"in the Korean part it means average, this is a cultural difference, in our thinking it means average, we are sorry, next year we will change the English words"

and on top of this they want me to do 3 extra classes starting next month, who the fark knows how the OT will be calculated with that.

Whatever, I'm out of here as soon as I hit my 6 months, can't stand this god-forsaken village and this "we like to interpret things any way we can" attitude.

We'll see if they do indeed bend things in my favour when the time comes
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DCJames



Joined: 27 Jul 2006

PostPosted: Thu Mar 08, 2007 12:26 am    Post subject: Reply with quote

ED209 wrote:
Not sure it always works like that. In my experience (which includes public school) you give them an inch they take a mile. When they bend the rules in their favour they don't see themselves as in the wrong or as misinterpreting the contract. Just tell them that all other teachers are treated differently and get overtime for the extra hours. I know a lot of PS teachers don't want to piss the boss off cos they want the xtra vacation time off, but in this country the baby that screams the most is the baby that gets fed.


I completely agree. I've been here 5 years and have seen young fresh off the plane teachers accept being treated unfairly simply because they fear for their jobs.

The fact is Korean hogwons/schools are DESPERATE for teachers right now. You are a hot commodity in Korea. They need you more than you need them. I think the OP should demand fair OT payment. This is not some unusual special favor. This is simply asking for payment on the hours you worked.

If you let them cheat you out of some over-time hours, they will see you as weak and unable to defend yourself. Later, they'll take advantage of you in bigger ways. This is business and when Koreans do business they cut corners, lie, cheat and steal to make more money. Call them on it and show them you'll stick up for yourself.

Fight for what you've EARNED and DESERVE.
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poet13



Joined: 22 Jan 2006
Location: Just over there....throwing lemons.

PostPosted: Thu Mar 08, 2007 12:54 am    Post subject: Reply with quote

""in the Korean part it means average, this is a cultural difference, in our thinking it means average, we are sorry, next year we will change the English words"
I think that's a load of crap. Whether they're trying to save face by not admitting they're messing you around, or just plain devious, it's a load of crap.

"...and on top of this they want me to do 3 extra classes starting next month, who the fark knows how the OT will be calculated with that."

I was agreeing with ttompatz until you posted what they said. I still agree in part. I don't think the 10,000 won is worth it, but now that they are adding classes, which you may or may not get paid for, I think I would go back and agree to work them if and only if they stick to the original contract. If OT is contractually obligated...well, it's amazing how fast a 24 flu can hit ya, huh?

Do you have a Korean friend who can translate typed words for you?
Maybe you can ask him or her to tell you if there is anything ambivalent or unclear in the Korean version vs the English version of your contract. Bet you there's not....
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TiGrBaLm



Joined: 28 Feb 2003
Location: Hubcap of Asia

PostPosted: Thu Mar 08, 2007 4:36 am    Post subject: Reply with quote

poet13 wrote:


Do you have a Korean friend who can translate typed words for you?
Maybe you can ask him or her to tell you if there is anything ambivalent or unclear in the Korean version vs the English version of your contract. Bet you there's not....


Asked a k-friend, they told me there is no difference in the korean part, but there is some korean thing whereby its understood to mean average as the 24hr week makes up for the 20hr week. But she did agree with me in saying the wording is just wrong, and really needs a change.

Now, what has me concerned is that they can pull the same "cultural difference" BS on anything else in the contract even though the translation is pretty much spot on.

IMFO, A complete and utter load of bull. I remember reading that thread about why this country will never be an Asian business hub, who in their right mind would ever think of doing business with people who write contracts in which there is a load of "unwritten rules"
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