Korean Job Discussion Forums

[mmarshalynne]

What does ten days vacation pursuant to Article 47 and 48 of Korean Labor Standard Law mean?

[Hanson]

Could you post the actual Articles?

[mmarshalynne]

"Article 47 (Wage Ledger)

An employer shall prepare a wage ledger for each workplace and enter the matters which serve as a basis for determining wages and family allowances, the amount of wages and other matters as provided for by the Presidential Decree at each time of payment.

Article 48 (Prescription of Wages)

A claim for wages under the provisions of this Act shall be terminated because of prescription, if not exercised within three years."

I don't get anything from this except vacation time has to be used in three years, but I'm guessing there has to be something I'm missing...

[Hanson]

Sorry, but I don't see anything there pertaining to vacation time.

[Rumple]

Actually, I suspect there is a discrepancy in the numbering between the posted English version and the Korean version. I got into a friendly argument with a lawyer about the article concerning overtime, and he kept insisting it was a particular number, and my English version (from the K gov website) was one number higher...so he called a junior to check, and the junior said it was the number that he originally claimed. They were looking at a different source than me.

Dunno.

[Young FRANKenstein]

[mmarshalynne]

My contract specifically states that vacation is pursuant to: "Article 47 and 48 of the Korean Labor Standards Act."

It seems that these may be more appropriate:


Article 58 (Special Provisions as to Working and Recess Hours)

(1) An employer who runs a business which falls into any of the following subparagraphs, if the employer has agreed, in writing, with the representative of workers, may have workers work in excess of twelve hours per week stipulated in Article 52(1) or may change recess hours pursuant to Article 53:

1. Transportation business, goods sales and storage business, finance and insurance business;

2. Movie production and entertainment business, communication business, educational study and research business, advertising business;

3. Medical and sanitation business, hotel and restaurant business, incineration and cleaning business, barber and beauty parlor business; and

4. businesses determined by the Presidential Decree in consideration of the character of a business and public conveniences

(2) Deleted. <Act No. 5885, Feb. 8, 1999>

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.

(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.

(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.

(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).

(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.

(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>

Article 59-2 (Promoting the Use of Annual Paid Leave)

If because a worker does not use leave notwithstanding the fact that an employer takes measures falling under any of the following subparagraphs to promote the use of paid leave prescribed in Article 59 (1), (3) and (4), his/her leave has been forfeited pursuant to Article 59 (7), the employer shall has no obligation to compensate the worker for unused leave, and this is not considered any cause attributable to the employer under the proviso of Article 59 (7):

1. Within the first 10 days of the three months before unused leave is forfeited pursuant to Article 59 (7), an employer shall notify each worker of the number of his/her unused leave days and urge them in writing to decide when they use the leave and to inform the employer of the decided leave period; and

2. In case notwithstanding the urging prescribed in Subparagraph (1), a worker has failed to decide when he/she uses whole or part of the unused leave and to inform the employer of the decided leave period within 10 days after they were urged, an employer shall decide when the worker uses the unused leave and notify the worker of the decided leave period in writing no later than 2 months before the unused leave is forfeited pursuant to Article 59 (7). <Newly Inserted by Act No. 6974, Sep. 15, 2003>

[Hanson]

I would have my director change the Article numbers in the contract...

I especially like this bit:

[ttompatz]

ummm.... those are OLD versions of the KLSA....

You might want to have a look at the NEW VERSION (amended July 2007)

Article 60
http://english.molab.go.kr/data/LaborStandardsAct.pdf

[mmarshalynne]

I know you're the expert around here. What do you think it means when the employer includes in the contract that my vacation is pursuant to Articles 47 & 48? Do you think it's a mistake, or could this be a way of claiming I am just a subcontractor?

[nomad-ish]

so all hagwons and public schools should be giving at least 15 days of paid vacation a year now? i'm in the process of applying for another ps position, and there's no change to it...

[ttompatz]