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Korean Job Discussion Forums
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cmr
Joined: 22 Mar 2006
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 Posted: Thu Jun 21, 2007 6:32 am Post subject: How many Vacation Days by Law? |
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I'd like to find a link that shows clearly (as much as possible; this is Korea after all!) the minimum number of vacation days that one is supposed to get in a contract.
Another related question: Does anyone know if the minimum number of vacation days is the same whatever job one has? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Jun 21, 2007 7:01 am Post subject: Re: How many Vacation Days by Law? |
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| cmr wrote: |
I'd like to find a link that shows clearly (as much as possible; this is Korea after all!) the minimum number of vacation days that one is supposed to get in a contract.
Another related question: Does anyone know if the minimum number of vacation days is the same whatever job one has? |
Please read ALL of the related article of the korean labor standards act.
This is current as of today. The old article 57 re: Article 57 (Monthly Leave with Pay) was Deleted. <by Act No. 6974, Sep. 15, 2003>
Article 59 (Annual Paid Leave)
(1) An employer shall grant 10 days� leaves with pay to workers
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. OLD version
(1) An employer shall grant 15 days� paid leave to worker
who has registered more than 80 percent of attendance during
one year. <Amended by Act No. 6974, Sep. 15, 2003>
(2) An employer shall offer a worker who is employed more than
two consecutive years one day�s paid leave for each year of consecutive
employment years, in forth in paragraph (1). However, if the total
number of leaves exceeds twenty days, normal wages may be paid for
the number of days in excess of twenty days, in place of paid leaves. OLD version
(2) An employer shall grant one day�s paid leave per month
to a worker the number of whose consecutive service years is
less than one year, if the worker has offered work without an
absence throughout a month. <Amended by Act No. 6974, Sep. 15,
2003>
(3) An employer shall grant the leave with pay in accordance
with paragraphs (1) and (2) when requested by a worker, and shall
pay normal wages or average wages for the leave period as provided
for in the rules of employment or other provisions; however, the
period concerned may be altered, if it would be a serious impediment
to the operation of the business to grant a leave(s) with pay at a
time when a worker requests. OLD version
(3) In case an employer grants a worker paid leave for the
first one year of his/her service, the number of leave days shall
be 15 including the leave prescribed in Paragraph (2), and if
the worker has already used the leave prescribed in Paragraph
(2), the number of used leave days shall be deducted from the
15 days of leave. <Amended by Act No. 6974, Sep. 15, 2003>
(4) The period of temporary interruption of work resulting from
an occupational injury or disease, or the period of temporary
interruption of work before and after childbirth for female workers in
accordance with Article 72, shall be regarded as equivalent to the
performance of work without interruption in application of the
provisions of paragraph (1). OLD version
(4) After the first year of service, an employer shall grant
one day�s paid leave for each two years of consecutive service
in addition to the leave prescribed in Paragraph (1) to a worker
who has worked consecutively for 3 years or more. In this case,
the total number of leave days including the additional leave
shall not exceed 25. <Amended by Act No. 6974, Sep. 15, 2003>
(5) The paid leave referred to in paragraphs (1) and (2) shall be
forfeited unless it is consumed within one year. However, this shall
not apply if a worker has been prevented from using annual paid
leaves due to the causes attributable to an employer. OLD version
(5) An employer shall grant paid leave pursuant to Paragraphs
(1) through (4) upon request of a worker, and shall pay
ordinary wages or average wages during the period of leave in
accordance with employment rules or other regulations : Provided
that the period concerned may be altered, in case it might
cause a serious impediment to the operation of the business to
grant paid leave at a time when the worker requests.
<Amended by Act No. 6974, Sep. 15, 2003>
(6) In applying Paragraphs (1) through (3), the period during
which a worker cannot work due to occupational injuries or
diseases, or the period of child birth leave pursuant to Article
72 shall be regarded as a period of attendance. <Amended by
Act No. 6974, Sep. 15, 2003>
(7) The leave referred to in Paragraphs (1) through (4) shall
be forfeited if not used within one year : Provided that this
shall not apply in case where the worker concerned has been
prevented from using the leave due to any cause attributable to
the employer. <Amended by Act No. 6974, Sep. 15, 2003>
The OLD versions are NO LONGER IN FORCE although many hakwon labor contracts still follow the old rules. FIGHT for the change or file a complaint with labor 1350 extension 7.
Please note that the 15 days refered to in section 1 are CALENDAR days and include the weekends. |
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insam
Joined: 17 May 2007
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| Posted: Thu Jun 21, 2007 12:11 pm Post subject: Re: How many Vacation Days by Law? |
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Gamecock
Joined: 26 Nov 2003
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| Posted: Thu Jun 21, 2007 4:18 pm Post subject: |
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ttompatz knows better than anyone...
My question to him on this matter...I've read in the past that hogwan employers can circumvent such laws because teachers don't work saturdays and the calculation of their "teaching" hours makes them only part-time workers. Therefore they wouldn't qualify for the mandatory vacation time. Is there any truth to this? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Jun 21, 2007 4:48 pm Post subject: |
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| Gamecock wrote: |
ttompatz knows better than anyone...
My question to him on this matter...I've read in the past that hogwan employers can circumvent such laws because teachers don't work saturdays and the calculation of their "teaching" hours makes them only part-time workers. Therefore they wouldn't qualify for the mandatory vacation time. Is there any truth to this? |
Under the terms required to import you on an E2 visa you are legally considered to be a FULL TIME - SALARIED employee.
The border line is 80 hours per month (not 80 classroom hours), 80 hours including prep, meetings, etc. |
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The_Conservative
Joined: 15 Mar 2007
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| Posted: Thu Jun 21, 2007 5:37 pm Post subject: |
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| ttompatz wrote: |
| Gamecock wrote: |
ttompatz knows better than anyone...
My question to him on this matter...I've read in the past that hogwan employers can circumvent such laws because teachers don't work saturdays and the calculation of their "teaching" hours makes them only part-time workers. Therefore they wouldn't qualify for the mandatory vacation time. Is there any truth to this? |
Under the terms required to import you on an E2 visa you are legally considered to be a FULL TIME - SALARIED employee.
The border line is 80 hours per month (not 80 classroom hours), 80 hours including prep, meetings, etc. |
Interestingly enough 80 hours=120 40 minute periods (the max number of classes one usually teaches at hakwons in a month.) So could a hakwon owner simply not circumvent this by not requiring prep and having meetings only 1-2 a month, while only giving you 110 classes a month? |
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Adventurer
Joined: 28 Jan 2006
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| Posted: Fri Jun 22, 2007 4:13 am Post subject: |
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| I currently work at a hagwon which I won't name which gives 10 holidays, but unpaid. I spoke to the manager about this, and he denied it was a violation of Korean law. Frankly, we do know that many hagwon owners do not care about their own laws. I did negotiate to have some paid days, but I shouldn't have had to do that in the first place, and that is why I am going to work for a public school soon and never work for a hagwon unless they pay a lot of cash. |
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