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Korean Labor Standards Act *Updated*
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Ed Provencher



Joined: 15 Oct 2006
Location: Korea

PostPosted: Tue Jun 17, 2008 12:33 am    Post subject: Reply with quote

Is there any guarantee of sick days? Is this completely up to the employer to decide?

In my school's contract, it simply says that your wages will be deducted from your paycheck and given to the substitute teacher for your sick day.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Jun 19, 2008 7:30 pm    Post subject: Reply with quote

Ed Provencher wrote:
Is there any guarantee of sick days? Is this completely up to the employer to decide?

In my school's contract, it simply says that your wages will be deducted from your paycheck and given to the substitute teacher for your sick day.


It was removed from the LSA in 2003. Now it is strictly a contractual matter.

.
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sojusucks



Joined: 31 May 2008

PostPosted: Mon Aug 11, 2008 12:13 am    Post subject: Reply with quote

http://www.ilo.org/dyn/natlex/docs/WEBTEXT/46401/65062/E97KOR01.htm

(website containing the Labor Standards Act)
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prairieboy



Joined: 14 Sep 2003
Location: The batcave.

PostPosted: Mon Oct 06, 2008 7:46 pm    Post subject: Reply with quote

^

The above link is of an outdated version of the LSA. For example, the severance pay article has been removed from the most recent ammendment and has been replaced by a completely new act on retirement benefits.
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Special BK



Joined: 03 Feb 2009

PostPosted: Sun Feb 22, 2009 10:09 pm    Post subject: Reply with quote

This is from the Korean Law blog link from the previous page.
got a couple of questions for anybody who could clear it up for me...

An employer should allow a worker more than one-day holiday with pay per week on the average. (Imprisonment up to 2 years or fine up to 10 million Won)

i don't get this part

Wages are paid more than once per month on a fixed day.

does anybody get this?

An employer should grant one day's paid leave per month to a worker whose consecutive service period is shorter than one year, if the worker has offered work without absence throughout a month. (Imprisonment up to 2 years or fine up to 10 million Won)

so does this mean that paid work days are accrued on top of whatever the school gives you? cos my contract says .. X days paid leave but they actually have compulsory leave during times when the school is off.
I've had my contract recently terminated after 10 months so does that mean i *should* get 10 days paid leave?

Working hours per week should not exceed 40 (or 44) hours excluding break hours. (Imprisonment up to 2 years or fine up to 10 million Won)

working hours is counted from the time you enter the school is it? cos we had like an intensive period where we were all at work by 9 and left around 7....and if we were lucky we got like a 40 minute break?
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Korussian



Joined: 15 Sep 2007

PostPosted: Sun Apr 12, 2009 6:42 pm    Post subject: Re: Korean Labor Standards Act *Updated* Reply with quote

Unfortunately, the Labor Standards Act PDF referenced here by ttompatz is not searchable. It is just a scan of the original paper document.

For easier reference, I have used Optical Character Recognition (OCR) software to convert it into a searchable PDF, which you can get here.

Happy laboring!

http://www.dmitryvolokhov.info

ttompatz wrote:
prairieboy wrote:
Whistleblower wrote:
I have updated the Korean Labor Standards Act as required. Apologies if it wasn't up to date.


LSA was wholly amended July 27, 2007. New articles have been inserted, others have been deleted completely, and others have been re-written.

Look here: http://english.molab.go.kr/english/ for the most recent translation of the LSA.

Cheers


It has actually been split into 7 acts with some enforcement teeth attached. (YIPEE!!) the following 5 pertain to E2 English teachers.

Labor Standards Act http://english.molab.go.kr/data/LaborStandardsAct.pdf

Minimum Wage Act http://english.molab.go.kr/data/MinimumWageAct.pdf

Wage Claim Guarantee Act http://english.molab.go.kr/data/WageClaimGuaranteeAct.pdf

Employee Retirement Benefit Security Act http://english.molab.go.kr/data/EmployeeRetirementBenefitSecurityAct.pdf

Act on the Protection, etc. of Fixed-term and Part-time Employees http://english.molab.go.kr/data/ActontheProtection,Etc.,ofFixed-term&Part-timeEmployees.pdf


.


Last edited by Korussian on Tue Mar 29, 2011 3:08 pm; edited 2 times in total
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tob55



Joined: 29 Apr 2007

PostPosted: Sun Apr 12, 2009 6:55 pm    Post subject: Thanks Reply with quote

Thank you, it works great! Good source of info for people interested in knowing their rights. Very Happy
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Bread



Joined: 09 Oct 2008

PostPosted: Wed May 27, 2009 7:16 am    Post subject: Reply with quote

So, is there a KOREAN version of this somewhere that I can show my boss? She is claiming that I can be terminated immediately, with no notice.
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vincentmiser



Joined: 14 Jan 2009
Location: Everywhere

PostPosted: Wed Dec 09, 2009 12:05 am    Post subject: Reply with quote

Yeah, ditto to that.

Is there a Korean version?

THanks
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space



Joined: 30 Sep 2009
Location: Ulsan

PostPosted: Tue Nov 02, 2010 6:45 am    Post subject: Reply with quote

Omni wrote:
Quote:
You can find your local Ministry of Labor office by calling either:

(1) 02-6900-8000 (press 7 when you hear the recording)
Migrant Workers Center in Korea (http://www.migrantok.org)
This center is under the Ministry of Labor, and can tell you how to collect your salary.

(2) 1577-0177 (press 1 when you hear the recording)
Migrant Workers translation service center
This center can help you by translating when you want to talk with the hagwon owner, or the Ministry of Labor.


Ok, I tried this and didn't get very far. If anyone else has difficulty you can dial 1350 and press 7. This will get you to an English speaking representative at the labour board. He/she will connect you with a labour board representative who specialises in your particular area (of complaint) and translate the conversation with you on the phone like a conference call. 1350 is a charged call from a cell phone although in my case there were no specialists available immediately so he called me back in about 10 minutes, hence, no charge.


I just requested help with this but I think all the info is here.

Thank you 1350 immigration will be hearing from me soon.
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therandom9



Joined: 10 May 2010

PostPosted: Fri Jun 24, 2011 8:51 am    Post subject: Reply with quote

Great thread, couple questions.

1. I keep seeing things in the literature about companies with 5 or more permanent employees. Which rules apply if the company has fewer? My place is 5, but just curious.

2. Is the Ministry of Labor/Labor Board the place to go in any situation? I currently have a contract that says I'm governed by the Seoul court (have to check exact name), and not the Labor Board, but I assume that would be invalid?

3. Article 23 says that the term of the contract shall not exceed one year. I was reading a PDF on the Ministry of Labor site, and it said that the maximum period was 2 years. Which of these applies?
EDIT: just found the FAQ on MoLabor site; contracts can go for up to a year and 10 months.

4. My contract has some monetary penalties for leaving early (not apartment fees). I assume that those are illegal by Article 27: "An employer shall not enter into any contract by which a penalty or indemnity for possible damages incurred from nonobservance of a labor contract is predetermined. "?

5. I'm pretty sure that I'm a contractor, not an employee. Based on what I read here, I don't think that changes much in terms of the labor standards, is that correct?

I am currently happy at my job, but at some point I may want to switch/get a better offer/get an F-2 visa and go to privates, and I want to have all my ducks in a row.
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HoldenOversoul



Joined: 04 Feb 2011

PostPosted: Sat Jun 25, 2011 5:28 am    Post subject: Reply with quote

Does anyone have a link for an updated version of the Korean Labor Laws as applicable to foreign English teachers? I'd appreciate any help. Thanks.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: It's not a superiority complex when you really are superior

PostPosted: Wed Dec 28, 2011 9:32 pm    Post subject: Reply with quote

Here's an updated overview of the Korean Labor Laws...NOTE this is NOT a copy of the Labor Laws themselves per se...but I believe the info is pertinent to the thread.

http://www.iclg.co.uk/khadmin/Publications/pdf/4374.pdf


As for the copy of the Korean Labor Standards Act this seems to be the most updated copy I could find (copyright date 2011)

http://www.scribd.com/doc/12960127/Korean-Labor-Standards-Act-amended-in-2007
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cobbles



Joined: 23 Dec 2010

PostPosted: Thu Feb 02, 2012 4:27 am    Post subject: Reply with quote

Article 34 (Severance Pay System)

is now missing from the copy of this Act on the molab website:

http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=254&tab=Standards

I though Severance is compulsory by law???
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seoul101



Joined: 13 May 2006
Location: Seoul

PostPosted: Mon Mar 05, 2012 8:54 pm    Post subject: Reply with quote

Yeah.. What's happened to the severance part?

My univ just informed us we will not be getting severance for the time we've been working there (this is the third year).

Has severance been scrapped? Can my univ withold payment for the first two years when there was a severance payment article in the labor act?

Pretty frustrating to hear about this.. Hope there's something I've missed?
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