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  • ESmith4
  • Veteran

    • 110

    • April 23, 2010, 03:54:25 pm
    • Korea
Hi all,

This posting (http://waygook.org/index.php/topic,5576.msg34412/topicseen.html#new) explains the situation. I have 22 hours of classes Monday-Friday. 5 of those hours are going to be from 7-8 PM Monday-Friday. My c/t is very conscientious of the 8 hours-a-day work rule and when she assigned the extra classes she canceled some of my others, postponed another and told me to come in even later than I already am on the days I don't have morning classes. However, that still leaves three days a week when I'm at school more than 8 hours/day, and one of those days I'm commuting between two schools. One day I'm at school 10 hours, the next 11.5 and the third 9. Nothing was said when I was given the extra classes about being paid for them. Something else to keep in mind is that I'm already being paid extra 2x/month for extra camps on Saturdays. So they're already paying me OT out of their budget.

Now, the contract. Article 8 clause 1 specifies 8 hours per day for 5 calendar days. Clause 2 states "The Work Hours of the Employee may follow the normal work schedule of civil servants of the Korean Government; however, such Work Hours may be adjusted by the Employer as he/she deems appropriate within the bounds set forth in Article 8, Clause 1." I work at a combined middle school-high school. The high school students have classes until who knows what hour of the day, but certainly they're still going to have classes getting out at 8 PM. I'm not teaching the HS kids then, but I'm wondering what the working definition of "normal work schedule of civil servants of the Korean Government" is. Clauses 3 and 4 say that if I'm over 22 hours I'll get paid extra for teaching or planning. Clause 5 also has me confused. "If the Employee agrees to teach instructional hours that occur outside the Work Hours specified in Article 8, clause 1 and that total more than 22 hours per week, the Employer shall pay according to Article 8, clause 3. If the Employee agrees to teach instructional hours that occur outside the Work Hours specified in Article 8, clause 1 but that total less than 22 hours per week, the Employer shall have the authority to determine the appropriate supplementary overtime pay." I'm right at 22 hours. How does this apply to my situation?

Perhaps I'm over-complicating this. I'm also hesitant about approaching my c-t/principal for more pay (since I'll already be getting an estimated 280k/month from the Saturday classes anyway). So I'm looking for some clarity/perspective on the situation, and if needed, encouragement  :) What do people think?

Thanks!
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  • ESmith4
  • Veteran

    • 110

    • April 23, 2010, 03:54:25 pm
    • Korea
Re: EPIK teacher with 22 hours, needs help clarifying definition of OT
« Reply #1 on: March 10, 2011, 11:33:01 am »
There's for not doing preview. Sorry about all that italicizing, it's only supposed to be for one or two words!
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  • Yu_Bumsuk
  • The Legend

    • 2341

    • March 03, 2011, 02:10:36 pm
    • Hicksville, ROK
Re: EPIK teacher with 22 hours, needs help clarifying definition of OT
« Reply #2 on: March 10, 2011, 11:35:45 am »
You're getting screwed. Some source of money is funding those evening lessons and you're not collecting any of it. You should be getting somewhere between 20,000-35,000 per lesson for evening lessons.

Bear in mind that the Korean definition of 'overtime' is a bit different from the English. It might translate better as 'extra time'.



  • Mr. S
  • Adventurer

    • 26

    • March 07, 2011, 08:27:32 am
    • Seongnam, Bundang
Re: EPIK teacher with 22 hours, needs help clarifying definition of OT
« Reply #3 on: March 10, 2011, 11:53:41 am »
lol i was in the same boat for a while, If you are teaching for a combined 22hours a week excluding Saturdays then they don't have to pay you for overtime because that is within your contract... The problem comes with the the hours over 8hours per day. but as you mentioned you work 3 days if i'm not mistaken, 1-10 the other 11.5 and the 3rd 9hours... If you aren't required to be at your school the other 2 days for the whole time then i wouldn't complain or mention this to your c/t because they will take it as nit picking... if you are required to be at school the other 2 days for 8 hours each then you have grounds for more overtime pay based on article 8 clause 1.. They can adjust your time throughout the day but if it exceeds 8 hours then you have the right based on the contract to at least adress the situation.. But if in total ex. saturdays you are at school for 40hours then I wouldn't say too much but thats up to you.... hope this helps... if you would like you can also contact ur EPIK rep for your area and just ask them they will help you out and if you don't want them to talk to the school they wont...


  • jonpurdy
  • Veteran

    • 212

    • March 10, 2010, 01:42:50 pm
    • Ulsan
Re: EPIK teacher with 22 hours, needs help clarifying definition of OT
« Reply #4 on: March 10, 2011, 11:57:46 am »
That is a pretty complicated situation.

Generally speaking, you're supposed to follow the schedule of the school, 8:40-4:40 or 9-5 or whatever. Any time over this and you get overtime (usually 1.5x the overtime rate of extra classes during regular hours, so 30,000/hr).

However, you're being flexible and changing your hours for them. That's nice. But, on days over 8 hours you should get 30,000/hr for each hour over (or 15,000 for a half hour). This is not negotiable and if they refuse I wouldn't teach the classes.

Even working until 8pm is not necessary (if you don't want to do it).


  • gmosborn
  • Veteran

    • 160

    • June 21, 2010, 03:42:47 pm
    • south Korea
Re: EPIK teacher with 22 hours, needs help clarifying definition of OT
« Reply #5 on: March 10, 2011, 12:02:36 pm »
Teaching hours over 22 is 20-30 per hour, in school over 40 hours and not teaching is only 7 per hour.


Re: EPIK teacher with 22 hours, needs help clarifying definition of OT
« Reply #6 on: March 10, 2011, 12:10:59 pm »
i'm not sure what your contract is like, but all of my contracts have had the days and time of my work day. does your contract have that information? if so, get your overtime pay. it seems unfair that you are working saturdays and will now have to work late nights 3 days per week. it seems like your school knew to pay you overtime for saturday because it falls outside of your normal working schedule, so you should be paid overtime for this as well. how many hours do you teach a week?

Some source of money is funding those evening lessons and you're not collecting any of it. You should be getting somewhere between 20,000-35,000 per lesson for evening lessons.

exactly.


  • Eros
  • Super Waygook

    • 380

    • September 01, 2010, 02:43:24 pm
    • Korea
Re: EPIK teacher with 22 hours, needs help clarifying definition of OT
« Reply #7 on: March 10, 2011, 12:14:48 pm »
It's all about interpretation of the contract but just explain to them that it's commonsense that their interpretation is not correct. If this were not so, what's to stop them making you work nights or breaking your day up into 2 hour blocks so it takes up all day. Then point to those parts of the contract in your favour such as it specifying your hours [8.30-4.30] and the reference to normal working hours. Stress normal. Working in the evening is not working normal hours.

Just put a good logical argument together to show they are being unreasonable and not that you are and u should be ok.
« Last Edit: March 10, 2011, 12:18:42 pm by Eros »


  • Yu_Bumsuk
  • The Legend

    • 2341

    • March 03, 2011, 02:10:36 pm
    • Hicksville, ROK
Re: EPIK teacher with 22 hours, needs help clarifying definition of OT
« Reply #8 on: March 10, 2011, 12:15:12 pm »
That is a pretty complicated situation.

Generally speaking, you're supposed to follow the schedule of the school, 8:40-4:40 or 9-5 or whatever. Any time over this and you get overtime (usually 1.5x the overtime rate of extra classes during regular hours, so 30,000/hr).

However, you're being flexible and changing your hours for them. That's nice. But, on days over 8 hours you should get 30,000/hr for each hour over (or 15,000 for a half hour). This is not negotiable and if they refuse I wouldn't teach the classes.

Even working until 8pm is not necessary (if you don't want to do it).

Everything about teaching PS here is negotiable and there's really nothing complicated about it. Someone saw that they could make you teach ___ additional hours a week and decided it would be a great way to make money off you. There's also a good chance that you'll have to BS your paperwork about enrollment and attendance in your evening lessons so that Mr Kim can collect the funds the government is providing for you to teach a class of ___ number of students.


  • ESmith4
  • Veteran

    • 110

    • April 23, 2010, 03:54:25 pm
    • Korea
Re: EPIK teacher with 22 hours, needs help clarifying definition of OT
« Reply #9 on: March 10, 2011, 04:40:20 pm »
That is a pretty complicated situation.

Generally speaking, you're supposed to follow the schedule of the school, 8:40-4:40 or 9-5 or whatever. Any time over this and you get overtime (usually 1.5x the overtime rate of extra classes during regular hours, so 30,000/hr).

However, you're being flexible and changing your hours for them. That's nice. But, on days over 8 hours you should get 30,000/hr for each hour over (or 15,000 for a half hour). This is not negotiable and if they refuse I wouldn't teach the classes.

Even working until 8pm is not necessary (if you don't want to do it).

Actually I'm not so much being flexible for them as following the precedent set by the previous NET. She worked 10-6, and before my first day here my new c/t said I'd work 10-6 (except one day when I'm at the other school in the morning, when I start around 830 or so). I believe she's trying to get around the "over 8 hours you get OT" rule. And I checked my contract because I thought it DID have my work hours stipulated. But it doesn't. Just what's quoted above. 8 hours/day, but not the specific times of those hours. At my previous school I had a/s classes that I was paid extra for, but I worked 8-430 and the extra classes started at 430.

I'm at work 5 days a week. The other two days are 8 hours and 7 hours (she lopped an hour off the last day).

Does the fact that this is a private mission school change any of this? 

Thanks for all the feedback everyone.
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