Posted by
Asiamax
15 yrs ago
I teach at an educational organisation in HK, and am part-time. My working hours are fixed. Thus i get paid per hour.
If a student or all students don't show up to the lesson, that means i have no class to teach. Should i still get paid for this hour?
My company decided that i have to make up for it - by teaching an extra hour the following week.
Is this legal? It's not my fault the student(s) didn't show up - i should still be paid for this hour, right?
If you could please shed some light on this issue - it would be much appreciated, and if possible provide the relevant original law/text. thanks.
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It all depends on the precise language used in your contract. If the contract specifically states what your working hours are and doesn't say anything about 'making up' lessons missed due to student truancy then your employers would be in breach of contract if they require you to work extra hours.
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Thanks for the reply. My contract states "you will receive an hourly rate of $$$.$$ per hour which will be payable in arrears on so and so day of month.....
Doesnt mention "teaching".
Contract doesnt say anything about making up lessons. And doesnt say anything about working hours - Those are verbally agreed.
Any more advice? is this legal?
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Actually, to give any more advice I would have to see the whole contract. At first you posted that the contract stipulated 'fixed' working hours then you posted that the working hours are verbally agreed.
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E.g. They say to me we need you to teach 3 hours today, from e.g. 5pm to 8pm.
Then if my 7oclock class doesnt show up they dont pay me.
Working hours are not in the contract, but says i get an hourly pay.
Working hours are verbally agreed, they are the same each week. But hours are not in the contract.
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Alright, first of all, try to get them to send you the daily teaching hours by text message or e-mail so have evidence that they are asking you to teach those hours. If your contract says that you receive hourly pay and they ask you to teach three hours, for example, you can say that the daily teaching roster is impliedly incorporated into your contract. In the totality of circumstances as you have explained them, this is the most reasonable interpretation of the agreement you have. If they ask you to teach three hours they can't turn around and say 'sorry, it was only two' unless the written contract specifically allows them to do this. They are in breach of an implied term of the contract if they do this.
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