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A year without going sick. Do they owe me?

 
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Toby



Joined: 15 Jan 2003
Location: Wedded Bliss

PostPosted: Tue Feb 25, 2003 2:43 pm    Post subject: A year without going sick. Do they owe me? Reply with quote

I have worked for a school for a year without being sick. I have heard from various sources that this entitles me to 5 days paid vacation in my next year, or money in lieu.

Please. Can anyone clarify this for me?

Thanks
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visviva



Joined: 03 Feb 2003
Location: Daegu

PostPosted: Tue Feb 25, 2003 5:05 pm    Post subject: Reply with quote

I can't find anything in the Labor Standards Act to support that... unless it's in your contract, I think you're out of luck. Maybe someone else can tell you something more hopeful...
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Tue Feb 25, 2003 5:16 pm    Post subject: Reply with quote

I'd say you've already "collected". When I was sick last year, I had to pay out of my own pocket for a substitute, and at the overtime rate. Needless to say I didn't take many sick days. Regardless what your contract says, you would be very lucky to even get paid for those days if you were sick.
I'm not saying that I agree with this, it's just the way it is for a lot of us.
This year my employer doesn't give any sick days, even though the contract says we are supposed to get 3 a year.
Anyway, good luck
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The Bobster



Joined: 15 Jan 2003

PostPosted: Tue Feb 25, 2003 8:58 pm    Post subject: Reply with quote

Yeah, unless your contract mentions it, you're probably screwed. I been there, I'm usually the guy who keeps working unless I'm puking my guts out, and that means I'm often filling in for other teachers who call in sick from a hangover ... hey, it's just a matter of personal style, I don't fault them for it, especially if I pick up a little overtime that way.

My current contract only gives me 3 days of sick leave, but if I don't use them I get a cash bonus of 3 days pay. Didn't notice it before I signed, but I kinda like it ...

This is really a good clause in a contract for both parties, I think. A lot of us feel like we are entitles to sick days even if we are not sick and so if we don't take the time off we have lost out somehow. If it's included as a bonus like this, then we can be rewarded slighly for dedication Korean-style ...
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Lost Seoul



Joined: 10 Jan 2003

PostPosted: Wed Feb 26, 2003 12:54 am    Post subject: 10 days Reply with quote

The Labor Standards Act actually states you are entitled to 10 days leave with pay for 100% attendance.
===============================
http://www.molab.go.kr/English/law/sub_Content1.jsp

Article 59 (Annual Paid Leave)
(1) An employer shall grant 10 days' leaves with pay to those who have offered work without an absence throughout a year and 8 days' leaves with pay to those who have registered more than 90 percent of attendance during one year.
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Squaffy



Joined: 25 Feb 2003
Location: All over the place

PostPosted: Wed Feb 26, 2003 1:14 pm    Post subject: Reply with quote

The contract I jus signed is 3 days sick paid - and it states payment in lieu if not taken - look at your contract - if it is not specified, you are owed not a penny Crying or Very sad
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W.T.Carl



Joined: 16 Jan 2003

PostPosted: Wed Feb 26, 2003 2:41 pm    Post subject: Reply with quote

Don't hold your breath. In Korea, it is expected that you won't be sick.
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Rand Al Thor



Joined: 28 Jan 2003
Location: Locked in an epic struggle

PostPosted: Wed Feb 26, 2003 4:05 pm    Post subject: Reply with quote

W.T.Carl wrote:
Don't hold your breath. In Korea, it is expected that you won't be sick.

Unless you are a woman, then you can be sick one day a month. Funny how those days are always fridays or Mondays...
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gajackson1



Joined: 27 Jan 2003
Location: Casa Chil, Sungai Besar, Sultanate of Brunei

PostPosted: Wed Feb 26, 2003 5:07 pm    Post subject: Reply with quote

Lost Seoul is correct - like many things, that IS the LAW, regardless of what your contract states.

Probably, it is only a bargaining chip. You MAY be able to squeeze a little money out of that, for whatever they figure a 'day' to be worth. (Actually, in your contract, if you see how much they dock you for a sick day, then that should give you a ballpark).

Also, women are entitled, under that same law, to 1 PMS leave day each month! But, alas, no 'blue balls' leave days (or even breaks!) for the darker sex . . .

G.
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Lost Seoul



Joined: 10 Jan 2003

PostPosted: Thu Feb 27, 2003 12:25 am    Post subject: Reply with quote

Quote:
that IS the LAW, regardless of what your contract states.


It sure is and Labor Laws take president over any clause in your contract.

=================================
http://www.molab.go.kr/English/law/sub_Content1.jsp

Article 22 (Labor Contract contrary to This Act)
(1) A labor contract which establishes conditions of employment which do not meet the standards provided for in this Act shall be null and void to that extent.
=================================

Now getting these laws enforced; thats another matter. Sometimes the Ministry of Labor are willing to help and sometimes they aren't. The other thing you have to consider is do you want to make an issue out of this if you are generally happy at your place of work?
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