|
Korean Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
|
View previous topic :: View next topic |
Author |
Message |
stvwrd
Joined: 31 Mar 2005
|
Posted: Tue Nov 13, 2007 6:51 am Post subject: finer points of Contract Law |
|
|
Here's the situation:
I've barely used any of my vacation time, but was recently informed that I have to use it all by December 31st or I lose it.
However, on January first, it will start over and as of the first of the year I'll have the full year's vacation days available to use.
This system flies in the face of everything I thought I knew about vacation, but here's what I'm wondering:
My contract is up at the end of February and I was told yesterday that the company wants to sign another contract with me. I plan on negotiating for significantly more vacation time (among other things).
So, after January 1st will I be able to use up all of that year's vacation time and then be effectively 'reset' from the time my new contract takes effect?
Or will the days I use up be subtracted from what I negotiate for on the new contract (seems to be the logical answer, but doesn't seem legal)?
Does anyone have any idea?
I started to email my manager about this today but then I thought better of it. If I've found a loophole for more vacation time (I kinda got screwed on vacation when I signed the first contract-my own fault), I don't want to give them a chance to close it up just as negotiations are starting. |
|
Back to top |
|
 |
Bibbitybop

Joined: 22 Feb 2006 Location: Seoul
|
Posted: Tue Nov 13, 2007 8:04 am Post subject: |
|
|
Read the contract.
Does it say anything about a timeline for using days, like using them before Jan. 1st?
If not, your boss has to give you vacation days during the contract and can't "take them away."
The boss mentions taking vacation days away from you AND wants you to re-sign? Do you think this boss is worth it seeing as he is trying to take away your vacation days? |
|
Back to top |
|
 |
stvwrd
Joined: 31 Mar 2005
|
Posted: Tue Nov 13, 2007 3:11 pm Post subject: |
|
|
I see your point, but I don't think they're trying to "take away" the vacation days.
I'm the only foriegner working full time at a company with around 80 Koreans, all of which have to use their vacation time by the end of the calendar year.
It's just the way the system works here. It goes strictly by the calendar year, and on January 1st you have the full amount of vacation available to you again.
I'm just trying to figure out how to use this to my greatest benefit.
I am planning a thorough readthrough of the contract today though, as I'm supposed to send up my list of changes for next year's contract by the end of the day. There's a lot of stuff to be changed.
Frankly, I'm not so hot on this job and I would like to look for other things, but I don't like teaching and am not eager to get back into it. Plus, they're going to pay for me to start taking Korean classes again and, hopefully, give me the mornings off so I can go to classes daily.
So, I'm going to see what kind of deal I can get through negotiating and go from there. |
|
Back to top |
|
 |
tzechuk

Joined: 20 Dec 2004
|
Posted: Tue Nov 13, 2007 3:32 pm Post subject: |
|
|
You are wise not to email them - for Korean, it's better to do things face to face.
As you are the only foreigner, there are certain things that they are willing to overlook. You may be able to negotiate with them about combining your vacation time together, taking what's left this year's onto next year. Especially if you have worked hard this year, which, if they are wanting to sign another contract with you, shows that you probably did.
In the West, holidays carry forward, or you are compensated - but not in the East. Use it or lose it. |
|
Back to top |
|
 |
|
|
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum
|
|