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Lunar New Year Q

 
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maddog



Joined: 08 Dec 2005
Location: Daegu

PostPosted: Tue Jan 22, 2008 12:01 am    Post subject: Lunar New Year Q Reply with quote

I have the following clause in my contract:

"The Employee may use 10-working days as paid vacation per year. No more than five consecutive working days may be taken at once. Three days of Institute-scheduled vacation are counted in these 10 days. None of these 10 days may be taken during the first three months of employment. The remaining seven days must be scheduled with the Institute at least one month in advance. (two days out of 7 days has to be used in official break period of Institute.)"

"피고용인은 회사의 휴가규정에 정한 원칙과 절차에 따라 1년에 10일의 정규근무 일을 유급 휴가로 사용할 수 있다; 유급휴가의 사용은 첫 근무 3개월 이후부터 가능하며 한번의 휴가 기간은 5일을 넘길 수 없다. "

When I signed it back in October, I thought nothing of it. It explicitly says "institute scheduled vacation".

To me, this could mean three days around xmas, or three days around chuseok when it was convenient for the school to schedule employee vacation around public holidays in order to close for a whole week.

The school is claiming that Lunar New Year (Korean Public Holiday) is taken from these three days, ie. taken from our annual leave. I am pretty sure that, no matter how they word it, they cannot take public holidays from paid vacation.

Any ideas where I stand.

Cheers.

MD
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MarionG



Joined: 14 Sep 2006

PostPosted: Tue Jan 22, 2008 1:28 am    Post subject: Reply with quote

Where you stand depends on how much you want to fight. National Holidays are NOT part of vacation...vacation is in addition to National Holidays. Can't count the same days twice, ie National Holiday and your vacation...

Is there a section in the contract, or a sentence, where it talks about National Holidays?
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jbpatlanta



Joined: 02 Jun 2007
Location: Daejeon

PostPosted: Tue Jan 22, 2008 2:15 am    Post subject: Reply with quote

My school does this too except the national holidays are not considered part of our vacation time. For example, this year we have off the whole week for lunar new year. Monday and Tuesday count toward our vacation time. The same at Chuseok. So after February everyone will lose two vacation days. Your school is trying to say that Wednesday to Friday count as your vacation days. Sounds like BS read your contract carefully.
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saw6436



Joined: 16 Jan 2003
Location: Daejeon, ROK

PostPosted: Tue Jan 22, 2008 3:49 am    Post subject: Reply with quote

National Holidays should not be counted against alloted vacation days. Schools and other businesses do try to pull that stunt but it against labor regulations.
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Atavistic



Joined: 22 May 2006
Location: How totally stupid that Korean doesn't show in this area.

PostPosted: Tue Jan 22, 2008 4:05 am    Post subject: Re: Lunar New Year Q Reply with quote

maddog wrote:
I have the following clause in my contract:

"The Employee may use 10-working days as paid vacation per year. No more than five consecutive working days may be taken at once. Three days of Institute-scheduled vacation are counted in these 10 days. None of these 10 days may be taken during the first three months of employment. The remaining seven days must be scheduled with the Institute at least one month in advance. (two days out of 7 days has to be used in official break period of Institute.)"

"피고용인은 회사의 휴가규정에 정한 원칙과 절차에 따라 1년에 10일의 정규근무 일을 유급 휴가로 사용할 수 있다; 유급휴가의 사용은 첫 근무 3개월 이후부터 가능하며 한번의 휴가 기간은 5일을 넘길 수 없다. "

When I signed it back in October, I thought nothing of it. It explicitly says "institute scheduled vacation".

To me, this could mean three days around xmas, or three days around chuseok when it was convenient for the school to schedule employee vacation around public holidays in order to close for a whole week.

The school is claiming that Lunar New Year (Korean Public Holiday) is taken from these three days, ie. taken from our annual leave. I am pretty sure that, no matter how they word it, they cannot take public holidays from paid vacation.

Any ideas where I stand.

Cheers.

MD


Your school is full of shit. Tell them to shove it. If they still say you're wrong, start mumbling about calling Labor to check. And then call. Someone else will have the number. It's something like 1150 or 1350??
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nobbyken



Joined: 07 Jun 2006
Location: Yongin ^^

PostPosted: Tue Jan 22, 2008 4:45 am    Post subject: Reply with quote

1350 is correct.

(1:50pm or 10 to 2)
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maddog



Joined: 08 Dec 2005
Location: Daegu

PostPosted: Tue Jan 22, 2008 2:08 pm    Post subject: Reply with quote

Cheers guys. I'll get on it today.

MD
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