For TEFL teachers who are working in Korea, it’s essential to decipher not just the language but also the fine print of employment contracts.
Specifically, the issues surrounding the legally-mandated 52-hour workweek and the frequently encountered “Saturday special events unpaid work” clause in contracts from hagwons (private academies) are topics that demand close scrutiny. Knowing your rights and understanding these labor laws are key to navigating your teaching experience in Korea successfully.
The 52-Hour Workweek and Its Core Concepts
One of the main pillars to understand is the 52-hour workweek system, which has reduced the total permissible working hours from 68 to 52 per week.
Key Points:
- 1 week includes all 7 days from Monday to Sunday, holidays included.
- Overtime is defined as any work beyond 8 hours a day or 40 hours a week.
- The maximum limit for weekly overtime is 12 hours.
Decoding Work Hours
- Working Hours: The time during which an employee provides labor under the employer’s direction. Break times are not included.
- Legal Working Hours: Defined by law as 8 hours a day and 40 hours a week.
- Contractual Working Hours: The hours agreed upon between the employer and employee within the bounds of legal working hours.
Criteria for Overtime in the 52-Hour Workweek
Overtime is considered if the actual working hours exceed the legal limit of 8 hours a day or 40 hours a week. It’s illegal to exceed the 12-hour overtime limit set for a week.
For example, if you worked 13 hours a day from Monday to Thursday, totaling 52 hours, you would still be breaking the law since the overtime would amount to 20 hours—exceeding the 12-hour limit.
The Saturday Special Events Clause
Let’s ponder over the commonly seen “Saturday special events unpaid work” clause in hagwon contracts. You need to check how many hours you work in the week including the special event hours on Saturday.
If Teacher A typically works 40 hours from Monday to Friday and is asked to attend a special event on Saturday for 4 hours, they are entitled to an overtime payment of 4 hours multiplied by their hourly wage and then multiplied by 150%.
If Teacher A is contracted for a 35-hour workweek from Monday to Friday and is additionally obligated to attend a 4-hour special event on Saturday, the teacher will be required to participate in the event without receiving any additional compensation.
No Exceptions, Even with Compensation
Even if both parties agree to work beyond the 52-hour limit, it remains illegal. Any overtime beyond this limit is a violation, regardless of any compensatory leave or additional payment.
