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Korean Labor Standards Act *Updated*
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Kojack



Joined: 15 Nov 2007

PostPosted: Thu Nov 29, 2007 6:39 am    Post subject: Re: Korean Labor Standards Act *Updated* Reply with quote

Article 54 (Holidays)

An employer shall allow a worker more than one-day holiday with pay per week on the average.



What does this mean? That we're allowed one days holiday per week? That can't be right. Shocked
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Kitten



Joined: 30 Sep 2007

PostPosted: Sat Dec 01, 2007 5:35 pm    Post subject: Reply with quote

as if employers honor the contract/labor laws to the T
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xeno439



Joined: 30 Nov 2005

PostPosted: Sun Dec 02, 2007 12:16 am    Post subject: Reply with quote

TexasPete wrote:
Quote:
Article 5 (Equal Treatment)

An employer shall not discriminate against workers by sex, or take discriminatory treatment in relation to the conditions of employment according to nationality, religion or social status.


I notice it mentions nothing about race. Rolling Eyes


man you beat me to it. Had it copied to my clipboard ready to say something until I saw you post.
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mattferrara



Joined: 13 Jun 2005
Location: ҳ, д

PostPosted: Mon Dec 10, 2007 5:29 pm    Post subject: Re: Korean Labor Standards Act *Updated* Reply with quote

Kojack wrote:
Article 54 (Holidays)

An employer shall allow a worker more than one-day holiday with pay per week on the average.



What does this mean? That we're allowed one days holiday per week? That can't be right. Shocked


Sundays.
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kev



Joined: 02 Aug 2006

PostPosted: Wed Dec 19, 2007 5:02 am    Post subject: Reply with quote

Hey. Does anyone know precisely how "Business or workplace" is defined in this Act?

I work for a hagwon which is one of 3 in the chain. All 3 are owned by the same person, rather than it being a franchise. The owner says that Immigration class them as one business - an employee can work legally at any one of the 3 hagwons.

However, when it comes to labor laws, the owner claims that because they are set up as independent businesses with different tax numbers, the number of employees is referring to the number at one specific branch.

I find it rather strange that one branch of the government would class it all as one business, but another would class it as 3 separate businesses!

It's relevant because it appears the updated clauses of the Act come into force at different times for companies of different sizes. If it is only the particular branch I work at, then there are not enough employees for the Act to come in to force yet. If it is the number of employees at all 3 branches combined, then I think it will either already be in force or will come into force next summer, depending on the size of the other two schools.

Hope that's clear, it all makes sense in my head! Cheers!
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Hollywoodaction



Joined: 02 Jul 2004

PostPosted: Thu Dec 20, 2007 11:08 am    Post subject: Reply with quote

kev wrote:
Hey. Does anyone know precisely how "Business or workplace" is defined in this Act?

I work for a hagwon which is one of 3 in the chain. All 3 are owned by the same person, rather than it being a franchise. The owner says that Immigration class them as one business - an employee can work legally at any one of the 3 hagwons.

However, when it comes to labor laws, the owner claims that because they are set up as independent businesses with different tax numbers, the number of employees is referring to the number at one specific branch.

I find it rather strange that one branch of the government would class it all as one business, but another would class it as 3 separate businesses!

It's relevant because it appears the updated clauses of the Act come into force at different times for companies of different sizes. If it is only the particular branch I work at, then there are not enough employees for the Act to come in to force yet. If it is the number of employees at all 3 branches combined, then I think it will either already be in force or will come into force next summer, depending on the size of the other two schools.

Hope that's clear, it all makes sense in my head! Cheers!


I understand the logic your boss is using. Your boss is your sponsor and owner of the three schools. So, claiming that you can work at the three schools makes sense...you'd be working for your sponsor no matter which school you go to. I'm just not sure Immigration sees it that way.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Fri Dec 21, 2007 5:34 am    Post subject: Re: Korean Labor Standards Act *Updated* Reply with quote

Kojack wrote:
Article 54 (Holidays)

An employer shall allow a worker more than one-day holiday with pay per week on the average.

What does this mean? That we're allowed one days holiday per week? That can't be right. Shocked

They mean one day OFF, not one day holiday. Meaning they can't work you 7 days a week. They must give you at least one day off a week. For most, it's sunday. for CDI, it's somewhere in the middle of the week.
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kev



Joined: 02 Aug 2006

PostPosted: Wed Dec 26, 2007 4:22 am    Post subject: Reply with quote

Hollywoodaction wrote:

I understand the logic your boss is using. Your boss is your sponsor and owner of the three schools. So, claiming that you can work at the three schools makes sense...you'd be working for your sponsor no matter which school you go to. I'm just not sure Immigration sees it that way.


Yeah, thing is, when it comes to following the Labor Standards Act, she uses the opposite logic and claims they are three separate businesses, as such, we don't have enough full time workers for the act to apply.

I figure she's got to be lying/mistaken about one or the other, I just don't know which Smile
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soju pizza



Joined: 21 Feb 2007

PostPosted: Fri Dec 28, 2007 4:23 am    Post subject: Reply with quote

MODS! Make this a sticky!
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Fri Dec 28, 2007 8:23 am    Post subject: Reply with quote

Hollywoodaction wrote:
I understand the logic your boss is using. Your boss is your sponsor and owner of the three schools. So, claiming that you can work at the three schools makes sense...you'd be working for your sponsor no matter which school you go to. I'm just not sure Immigration sees it that way.

They don't. One location (not one sponsor), and one location only. Other locations, even if the same sponsor, must be approved by Immi and written on the back of your ARC,
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syi012



Joined: 04 Mar 2008

PostPosted: Thu Mar 06, 2008 5:47 pm    Post subject: Reply with quote

thanks for the info everyone
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prairieboy



Joined: 14 Sep 2003
Location: The batcave.

PostPosted: Sat Apr 05, 2008 4:05 am    Post subject: Re: Korean Labor Standards Act *Updated* Reply with quote

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
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Apr 05, 2008 5:18 am    Post subject: Re: Korean Labor Standards Act *Updated* Reply with quote

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


.
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prairieboy



Joined: 14 Sep 2003
Location: The batcave.

PostPosted: Thu Apr 17, 2008 1:05 am    Post subject: Reply with quote

Here's a decent resource to check for some quick answers.

http://ahnse.blogspot.com/

Scroll all the way down to the article on Korean labor laws for employers and employees.

Cheers
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Ebes



Joined: 01 Jun 2008
Location: NS

PostPosted: Wed Jun 04, 2008 10:08 am    Post subject: Reply with quote

the blogspot link is really helpful, thanks.
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