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days off = - overtime?

 
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spyro25



Joined: 23 Nov 2004

PostPosted: Wed Apr 18, 2007 5:25 am    Post subject: days off = - overtime? Reply with quote

my unigwon has a couple of days off next month - one for the uni's foundation day and another for buddah's birthday. apparently these days don't count towards our monthly hours total, so i've lost 14 hours of overtime on these days off!

thats about 300,000 won to me!

is this legal? what can we do about this? i know the teachers who were here last year got screwed over big time in choosok, losing 3 days worth of hours

their response is - well you dont have to work on those days, so enjoy your rest!

my response is - i'm paying almost 150,000 won for each of these days i take off - i would gladly work in my holidays for that kind of money!

wut u tink?
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bixlerscott



Joined: 27 Sep 2006
Location: Near Wonju, South Korea

PostPosted: Wed Apr 18, 2007 6:59 am    Post subject: Reply with quote

National holidays are paid days off. I would mention this. If they say no, then tell them nearly, if not all, hagwons, pay national holidays on top of your 10 paid vacation weekdays off per year. If your contracted for 120 hours a month, then one holiday such as Buddhas Birthday is worth 6 hours of teaching time as an average of the month.
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khyber



Joined: 16 Jan 2003
Location: Compunction Junction

PostPosted: Wed Apr 18, 2007 7:04 am    Post subject: Reply with quote

If your contract stipulates that you're holidays are given to you/paid, then there's no reason for them to cheat you outta money.
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Wed Apr 18, 2007 7:31 am    Post subject: Reply with quote

Contractual hours should be considered on holidays. Those hours count.

Let's say you're under contract to teach 20 hrs/wk, 5 hrs/day. 5 hrs/day for holidays works towards your total. If not then it isn't a paid holiday. Overtime hours that you would've normally worked on a holiday should by no means count towards anything. You didn't work them.

That being said, total hours for a month is not really the way to go. In fact, I think it's a daily thing unless your contractual hours vary from day to day. In that case, it sould be weekly.

It's definitely not monthly.

For me, it all has to do with my schedule. I'm under contract for 30 hrs/wk. Those hours must fall within a time frame of 2 to 9. Any hours outside that time frame is OT. Any time over 6 hrs/day is OT. If there's a holiday on a day where I would've normally taught 8.5 hrs, it's too bad so sad for those 2.5 hrs of OT. Only 6 count.

It's kind of fair and not fair at the same time. If one of my OT classes cancel for some reason or other though, I get paid.
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Young FRANKenstein



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

PostPosted: Wed Apr 18, 2007 7:51 am    Post subject: Re: days off = - overtime? Reply with quote

spyro25 wrote:
my unigwon has a couple of days off next month - one for the uni's foundation day and another for buddah's birthday. apparently these days don't count towards our monthly hours total

You're getting screwed. Red Days are paid. Labor Office will back you on that. Uni's Foundation should also be paid, since it is a mandatory day off (not like you have a choice).
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spyro25



Joined: 23 Nov 2004

PostPosted: Wed Apr 18, 2007 5:29 pm    Post subject: Reply with quote

i'd better check my contract. can anyone with some wicked linking skills find the part in the labor laws that state that red days are paid?
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polonius



Joined: 05 Jun 2004

PostPosted: Wed Apr 18, 2007 6:24 pm    Post subject: red days Reply with quote

I have seen contracts that say you cannot count holidays when counting your hours worked. So although you did work overtime on some days, because of the days off, you lose out on the overtime. Check and see if something like that is in your contract. The school will tell you that they are paying for your days off, as they are not deducting any of your regular salary. They are simply not counting any overtime work. Also check and see if there is a clause that determines how overtime is calculated. Some contracts say they are calculated on a weekly basis, others on a monthly basis.

I just spent some time reading the labor law, and how it deals with holidays, but it is a little vague. Here is the labor law in English.
http://wiki.galbijim.com/Labor_Standards_Act

Like I said, there is a section on holidays, but nothing specific about red days.
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