By Park Si-soo
Staff reporter
A group of unionized native English teachers and their employer at a private language institute in Yeonsoo, Incheon, recently reached a collective bargaining agreement, the first of its kind here.
The absence of universal terms on key issues, including disciplinary action, vacation, recess time and behavior in the classroom, have been key factors behind disputes between Korean employers and English teachers at "hagwon."
The collective agreement may be used as a guideline for other English teachers and hagwon owners.
"What's meaningful is that clear rules on disciplinary action and the use of annual leave have been established," said Jung Bong-soo, a legal expert representing the union, Tuesday. "My clients are happy about it."
The agreement calls for the two parties to introduce four types of disciplinary action - written warning, salary reduction, work suspension and dismissal.
Those who are late or absent from class on a continuous basis are supposed to be referred to a disciplinary committee, which consists of one chairman (the employer), two union members designated by the union leader and two persons designated by the employer.
Other situations subject to discipline are teaching off the employer's property without approval, the use of illegal drugs, drunken driving and involvement in any type of activities that break Korean law.
A teacher in dispute must be informed of the disciplinary hearing through a written notice at least three working days in advance, according to the agreement. It added the hearing should be conducted solely in English as far as possible.
If any disciplinary action imposed through the committee is judged "unfair" by the court or the labor ministry, the employer is required to nullify the punishment immediately and issue a written apology.
The two parties agreed to take up to six consecutive days off as paid vacation, including off-days.
In cases an employee takes seven to nine days of paid vacation (no more than five of these regular working days), the employee should leave a 600,000 won ($500) deposit with the employer to ensure their return to work.
The agreement also set the situations in which native English teachers are allowed to leave the classroom: to make photocopies when students are without their books or to adjust the heating/air conditioner settings.
The employer must give all foreign employees three days notice of any off-site training or orientation days that employees are required to attend.
The terms on recess time were initially discussed, the negotiator said, but later dropped on the promise that the employer will keep the Labor Law that stipulates basic guidelines on the issue.
"Unionized teachers went through tough negotiations with their employer to reach the agreement," Jung said. "Even though the union did not have all its demands met, its members were able to finalize the agreement by acquiring some notable improvements on key issues."
Five foreign teachers at the language institute, named Avalon, established a union in November 2009, and started collective bargaining.
This is the second union of its kind ― the first one was established in 2005 in Gangnam, southern Seoul, according to the Ministry of Labor.