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Patrickgwhite
Joined: 07 Oct 2007
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 Posted: Sun May 18, 2008 2:58 am Post subject: Sick Days, Vacation Days, Paid? Unpaid? |
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My contract it states that I have 10 paid vacation days per year.
I was sick for three days and my boss has just informed me that those 3 sick days are being considered as 3 vacation days.
Can he do that?
There is nothing in my contract concerning sick days. |
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Ramen
Joined: 15 Apr 2008
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| Posted: Sun May 18, 2008 4:09 am Post subject: |
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| Unfortunately, he can do that. In Korea, your contract doesn't mean anything. It's just pieces of paper with some scribble. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun May 18, 2008 4:27 am Post subject: Re: Sick Days, Vacation Days, Paid? Unpaid? |
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| Patrickgwhite wrote: |
My contract it states that I have 10 paid vacation days per year.
I was sick for three days and my boss has just informed me that those 3 sick days are being considered as 3 vacation days.
Can he do that?
There is nothing in my contract concerning sick days. |
And there is nothing in the labor standards act either so you have 2 choices.
You missed 3 days of work and you do not have sick days in your contract then you can:
a) skip your pay for 3 days or
b) use up 3 days of holidays.
sucks to have a bad contract and work at a hakwon. |
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Patrickgwhite
Joined: 07 Oct 2007
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| Posted: Sun May 18, 2008 8:46 pm Post subject: Labour law |
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This is all I could find in Korean Labour law about sick days, and it's disease... think the flu counts as disease? But either way it seems to me that this states he dan't take my sick days as vacation days?
Any thoughts?
(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).
(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> |
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kiwiana
Joined: 29 Nov 2007
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| Posted: Sun May 18, 2008 9:04 pm Post subject: |
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I agree with Patrickgwhite,
Your boss cannot take away those days from your vacation. Any employee in South Korea is entitled to 10 paid sick days, end of story. Your boss, along with the many other hagwon bosses, is trying to scam you.
Call the Korean Labor department for support on their free consultation line. Explain the situation to them. They will provide support. Explain to your boss that it is against Korean law to do this. If your boss argues have the labor consultant on the phone ready to speak to your boss. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Sun May 18, 2008 10:02 pm Post subject: |
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| kiwiana wrote: |
| Any employee in South Korea is entitled to 10 paid sick days, end of story. |
I don't know who told you this, but they are not correct. Sick days are not covered by Labor Law. Sick days are contractual only, and since the OP does not have any sick days in his current contract, he is hosed.
Sick days and labor-mandated vacation days are not the same thing.
As ttompatz said, the OP has a choice:
1) use the three days he took off as paid vacation days, and take his other 7 later, or
2) take 3 unpaid days off, and later have his full 10 vacation days |
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Patrickgwhite
Joined: 07 Oct 2007
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| Posted: Mon May 19, 2008 4:50 am Post subject: |
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Call the Korean Labor department for support on their free consultation line.
Where do I get this number? I just need a simple answer, can he or can't he? If he can no prob, but if not I want my vacation! |
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Patrickgwhite
Joined: 07 Oct 2007
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| Posted: Mon May 19, 2008 4:50 am Post subject: |
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| Patrickgwhite wrote: |
Call the Korean Labor department for support on their free consultation line.
Where do I get this number? I just need a simple answer, can he or can't he? If he can no prob, but if not I want my vacation! |
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kingplaya4
Joined: 14 May 2006
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| Posted: Mon May 19, 2008 11:47 am Post subject: |
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| Just be happy you're weren't threatened with termination. That's what my last employer did when I took that many consecutive sick days, even though two doctors said I was not to work during that time period. From gossip I've heard about other schools I'm hardly the ony one either. For anyone who doesn't have an iron consitution, it should be a consideration about coming here, or at least about who to work for. It really sucks trying to recover when you're getting harassed. |
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CentralCali
Joined: 17 May 2007
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| Posted: Mon May 19, 2008 2:44 pm Post subject: |
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| Ramen wrote: |
| Unfortunately, he can do that. In Korea, your contract doesn't mean anything. It's just pieces of paper with some scribble. |
That statement is not correct, although it is repeated far and wide. The Labor Board and the courts will refer to the contract and apply its provisions, unless the law specifically contradicts the contract, in deciding the case. |
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Patrickgwhite
Joined: 07 Oct 2007
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| Posted: Mon May 19, 2008 4:58 pm Post subject: |
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| This really isn't going anywhere.... Does anyone know if it is legit to take your sick days as vacation? WHo can I contact for a straighforward answer? |
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pkang0202
Joined: 09 Mar 2007
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| Posted: Mon May 19, 2008 7:52 pm Post subject: |
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| kiwiana wrote: |
| Any employee in South Korea is entitled to 10 paid sick days, end of story . |
Not true. I know quite a few Koreans that work at Hagwons and they get ZERO sick days and ZERO vacation days their first couple years working. They deal with it because:
1. Its very hard to find a job in Korea.
2. You don't like it then the hagwon can just fire you and then you can have all the unpaid sick/vacation days you want. |
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NightSky
Joined: 19 Apr 2005
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| Posted: Mon May 19, 2008 8:27 pm Post subject: |
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| Patrickgwhite wrote: |
| WHo can I contact for a straighforward answer? |
welcome to Korea... |
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