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Public holidays and Overtime
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Otherside



Joined: 06 Sep 2007

PostPosted: Thu Sep 13, 2007 3:59 am    Post subject: Public holidays and Overtime Reply with quote

With Chuseok coming up I have a question regarding overtime.
My contract states that I must work 100 teaching hours a month. But with September having only 20 working days and Chuseok taking up 3 of them, will I have to teach 100 hours in 17 days? And how many hours will I have to teach prior to overtime pay?

Thanks in advance!
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yingwenlaoshi



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

PostPosted: Thu Sep 13, 2007 4:22 am    Post subject: Reply with quote

Overtime is daily or weekly. It's not monthly unless you signed that away in your contract somehow. This 120, 100 hours/month thing isn't logical. It's just an estimate. You're actually working whatever number of hours per week. That's how it would work for public schools. Any hours outside your contracted schedule are also OT. No matter how many hours you've put in during your contracted schedule.

If you're under contract to teach 100 hrs/wk, it's 25 hrs a week, 5 hrs/day. If it's a national holiday, you've put in 5 hours. It's not deducted from your total hours. That's just ridiculous. There's a reason for it being a holiday. If you're deducted hours for this then all it is is a day off without pay. Not how it works. If you normally do OT on holiday days, I'm sorry, but you'll lose that. OT is only OT if you acually work it.
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ajuma



Joined: 18 Feb 2003
Location: Anywere but Seoul!!

PostPosted: Thu Sep 13, 2007 7:22 am    Post subject: Reply with quote

Um...wouldn't it be best to ask your boss this question? Not trying to be a wise a&& but s/he's the one with the answer that you need.
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sheeon



Joined: 11 Jun 2003
Location: korea

PostPosted: Thu Sep 13, 2007 4:46 pm    Post subject: Reply with quote

doesn't your contract say that you get all national holidays off?
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mrsquirrel



Joined: 13 Dec 2006

PostPosted: Thu Sep 13, 2007 5:06 pm    Post subject: Reply with quote

You will have to fit it into the 17 days. It's hard slog but you will need to do it.

not that bad though only 6 classes a day for 17 days or so.
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Pak Yu Man



Joined: 02 Jun 2005
Location: The Ida galaxy

PostPosted: Thu Sep 13, 2007 6:04 pm    Post subject: Reply with quote

Do you get paid more if it's a 31 day month compared to a 30 day month?

If it works one way...it should work the other.

Vacations are paid vacations...tell your boss that.

Hakwon=casino everything favors the house
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Otherside



Joined: 06 Sep 2007

PostPosted: Fri Sep 14, 2007 2:56 am    Post subject: Reply with quote

Thanks for your replies.

I agree I should ask my boss this. But I'd feel a lot better going into that awkward conversation (as all conversations regarding money are) armed with a few facts.

Regarding "do i get paid more for a 31/30 day month"
Well, a month has between 20-23 working days. So assuming I worked 5 hours everyday I would reach my 100 hours exactly on a 20 working day month and on a 23 working day month I would be owed 15 hours overtime.
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yingwenlaoshi



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

PostPosted: Fri Sep 14, 2007 4:17 am    Post subject: Reply with quote

Otherside wrote:
Thanks for your replies.

I agree I should ask my boss this. But I'd feel a lot better going into that awkward conversation (as all conversations regarding money are) armed with a few facts.

Regarding "do i get paid more for a 31/30 day month"
Well, a month has between 20-23 working days. So assuming I worked 5 hours everyday I would reach my 100 hours exactly on a 20 working day month and on a 23 working day month I would be owed 15 hours overtime.


Tha'ts not how it's calculated. You should be paid a salary for an estimated 100 hrs/month which in reality is 25 hrs/wk. It has nothing to do with how many hours you teach in a month.

You're not owed 15 hrs OT if you work 23 working days. You're paid monthly for working 25 hrs/day. Or, better yet, if you're in a hagwon, 5 hrs/day.

Employer says: "You teach 5 hrs/day or 25 hrs/wk and I pay you X amount of dollars a month."

If you are under 100 hrs/month (even though it's not an 'hours/month' thing), you still get paid the agreed-upon salary. If you only teach 24 or less hours in a week, you still get the full salary.

A better way to explain it is that if your contract ends before your last month is up then the money owed to you is based on how many days you were employed. That includes Saturdays, Sundays, and holidays. If you only work 17 days in your final month, the money is owed to you would be your monthly salary divided by 30 times the number of days you were employed.

Say you make 2 million Won/month. Your daily salary is 66,667 Won.
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garykasparov



Joined: 27 May 2007

PostPosted: Fri Sep 14, 2007 12:29 pm    Post subject: Re: Public holidays and Overtime Reply with quote

Otherside wrote:
With Chuseok coming up I have a question regarding overtime.
My contract states that I must work 100 teaching hours a month. But with September having only 20 working days and Chuseok taking up 3 of them, will I have to teach 100 hours in 17 days? And how many hours will I have to teach prior to overtime pay?

Thanks in advance!


ENFORCEMENT DECREE OF THE LABOR STANDARDS ACT
Wholly amended by Presidential Decree No. 20142, Jun. 29, 2007

Article 6 (Ordinary Wages)

(1) For the purposes of the Act and this Decree, the term �ordinary wages� means hourly wages, daily wages, weekly wages, monthly wages, or contract wages which are determined to be paid periodically or in lump sum to a worker for his/her prescribed labor or whole labor.

(2) In case of calculating the ordinary wages under paragraph (1) at hourly rates, the amount shall be calculated pursuant to any of the following subparagraphs:

1. In the case of wages determined on an hourly basis, the amount of the hourly wages;

2. In the case of wages determined on a daily basis, the amount calculated by dividing the daily wages by the number of contractual working hours per day;

3. In the case of wages determined on a weekly basis, the amount calculated by dividing the weekly wages by the number of hours (calculated by adding contractual working hours per week prescribed in Article 2 (1) 7 of the Act to paid hours beyond the contractual working
hours) based on which weekly ordinary wages are calculated ;

4. In the case of wages determined on a monthly basis, the amount calculated by dividing the monthly wages by the number of hours (one-twelfth of the number of hours calculated by multiplying the number of hours based on which weekly ordinary wages are calculated by the
average number of weeks in the year) based on which monthly ordinary wages are calculated;

5. In the case of wages determined on the basis of a certain period other than a day, week, or month, the amount calculated by reference to subparagraphs 2 through 4 ;

6. In the case of wages determined on the basis of a contract wage system, the amount calculated by dividing the total wages for a period subject to wage calculation, calculated under the contract wage system by the total number of working hours during that period (referring to the period until the closing date of wages, if there is any closing date of wages); and

7. In case where wages received by a worker are composed of two or more kinds of wages prescribed in subparagraphs 1 through 6, the sum of each amount calculated pursuant to subparagraphs 1 through 6. (3) In case of calculating the ordinary wages under paragraph (1) at daily rates, the ordinary wages shall be calculated by multiplying the number of contractual working hours per day by the hourly wage rates prescribed in
paragraph (2).

In regards to holiday pay, the LSA {Article 55} stipulates the following,

Article 55 (Extended Work, Night Work and Holiday Work)

An employer shall pay additional remuneration of more than fifty percentage points of normal remuneration for extended works (extended works as set forth in the provisions of Articles 52 and 58, and the proviso of Article 67) and night works (works provided from 10 p.m. to 6 a.m.), Sunday or public holiday works.
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Otherside



Joined: 06 Sep 2007

PostPosted: Sat Sep 15, 2007 3:44 am    Post subject: Reply with quote

Quote:
You're not owed 15 hrs OT if you work 23 working days. You're paid monthly for working 25 hrs/week. Or, better yet, if you're in a hagwon, 5 hrs/day
.

So whether I work 100 or 115 hours a month is irrelevent? As long as I dont exceed 5hours/day?

What happens if I work 4 hours one day and six hours another day? Do they cancel eachother out or do i get paid an hour extra for the six hour day?

Currently I teach for 7 hours/day twice a week, and 3-4 hours a day the other 3.

Finally - how would i be eligible for overtime? to work more than 5 hours on a specific day? More than 25 hours in a specific week? Or more than 100 hours in a specific month..

Or would i have to work more than 5 hours in a specific day.. WHICH results in more than 25 hours in that specific week, WHICH results in more than 100 hours in that specific month?

I'm sorry if these questions seem rather stupid. Thanks again.
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yingwenlaoshi



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

PostPosted: Sat Sep 15, 2007 4:09 am    Post subject: Reply with quote

Otherside wrote:
Quote:
You're not owed 15 hrs OT if you work 23 working days. You're paid monthly for working 25 hrs/week. Or, better yet, if you're in a hagwon, 5 hrs/day
.

So whether I work 100 or 115 hours a month is irrelevent? As long as I dont exceed 5hours/day?

What happens if I work 4 hours one day and six hours another day? Do they cancel eachother out or do i get paid an hour extra for the six hour day?

Currently I teach for 7 hours/day twice a week, and 3-4 hours a day the other 3.

Finally - how would i be eligible for overtime? to work more than 5 hours on a specific day? More than 25 hours in a specific week? Or more than 100 hours in a specific month..

Or would i have to work more than 5 hours in a specific day.. WHICH results in more than 25 hours in that specific week, WHICH results in more than 100 hours in that specific month?

I'm sorry if these questions seem rather stupid. Thanks again.


Read what I wrote. Can't explain it any better.
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ajuma



Joined: 18 Feb 2003
Location: Anywere but Seoul!!

PostPosted: Sat Sep 15, 2007 7:29 am    Post subject: Reply with quote

Read your contract. If it says 100 hours per month, then anything over 100 hours is overtime. If it says 30 hours per week, then anything over 30 hours is overtime. If it says 20 teaching days and there are only 17 teaching days in the month, then you'd better talk to your boss!
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buster brown



Joined: 26 Aug 2005
Location: Seoul

PostPosted: Sat Sep 15, 2007 8:09 am    Post subject: Reply with quote

For the vast majority of us, we are contracted for a certain number of hours per month. We're not on salary. Therefore, your boss is within his rights to schedule your 100 hours within the 17 class days this month. I don't like to lose overtime pay because I took a national holiday, but that's the way it works here.
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Roch



Joined: 24 Apr 2003
Location: Seoul

PostPosted: Sat Sep 15, 2007 10:15 am    Post subject: Re: Public holidays and Overtime Reply with quote

garykasparov wrote:
Otherside wrote:
With Chuseok coming up I have a question regarding overtime.
My contract states that I must work 100 teaching hours a month. But with September having only 20 working days and Chuseok taking up 3 of them, will I have to teach 100 hours in 17 days? And how many hours will I have to teach prior to overtime pay?

Thanks in advance!


ENFORCEMENT DECREE OF THE LABOR STANDARDS ACT
Wholly amended by Presidential Decree No. 20142, Jun. 29, 2007

Article 6 (Ordinary Wages)

(1) For the purposes of the Act and this Decree, the term �ordinary wages� means hourly wages, daily wages, weekly wages, monthly wages, or contract wages which are determined to be paid periodically or in lump sum to a worker for his/her prescribed labor or whole labor.

(2) In case of calculating the ordinary wages under paragraph (1) at hourly rates, the amount shall be calculated pursuant to any of the following subparagraphs:

1. In the case of wages determined on an hourly basis, the amount of the hourly wages;

2. In the case of wages determined on a daily basis, the amount calculated by dividing the daily wages by the number of contractual working hours per day;

3. In the case of wages determined on a weekly basis, the amount calculated by dividing the weekly wages by the number of hours (calculated by adding contractual working hours per week prescribed in Article 2 (1) 7 of the Act to paid hours beyond the contractual working
hours) based on which weekly ordinary wages are calculated ;

4. In the case of wages determined on a monthly basis, the amount calculated by dividing the monthly wages by the number of hours (one-twelfth of the number of hours calculated by multiplying the number of hours based on which weekly ordinary wages are calculated by the
average number of weeks in the year) based on which monthly ordinary wages are calculated;

5. In the case of wages determined on the basis of a certain period other than a day, week, or month, the amount calculated by reference to subparagraphs 2 through 4 ;

6. In the case of wages determined on the basis of a contract wage system, the amount calculated by dividing the total wages for a period subject to wage calculation, calculated under the contract wage system by the total number of working hours during that period (referring to the period until the closing date of wages, if there is any closing date of wages); and

7. In case where wages received by a worker are composed of two or more kinds of wages prescribed in subparagraphs 1 through 6, the sum of each amount calculated pursuant to subparagraphs 1 through 6. (3) In case of calculating the ordinary wages under paragraph (1) at daily rates, the ordinary wages shall be calculated by multiplying the number of contractual working hours per day by the hourly wage rates prescribed in
paragraph (2).

In regards to holiday pay, the LSA {Article 55} stipulates the following,

Article 55 (Extended Work, Night Work and Holiday Work)

An employer shall pay additional remuneration of more than fifty percentage points of normal remuneration for extended works (extended works as set forth in the provisions of Articles 52 and 58, and the proviso of Article 67) and night works (works provided from 10 p.m. to 6 a.m.), Sunday or public holiday works.


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thegadfly



Joined: 01 Feb 2003

PostPosted: Sat Sep 15, 2007 3:26 pm    Post subject: Reply with quote

When I worked at Wonderland, holidays were counted as a 5 hour day in the calculation -- of course, my contract had me working 120 class-hours a month, which is 30 a week or 6 a day, but there you are.

I DID get paid overtime in the longer months, but I also believe I got docked in the shorter months -- they calculated the daily rate per pay period, which ran for a calendar month, regardless of the number of work days in that calendar month.

My current gig calculates OT differently, in a way that is fair in a different sense, but is atypical enough to skip for these purposes.
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