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labor standards act not applicable?

 
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thematrixiam



Joined: 31 Oct 2007

PostPosted: Fri May 08, 2009 1:14 am    Post subject: labor standards act not applicable? Reply with quote

Hey.

Just got the usual Korean labor standards act does not apply to me because I am a foreigner.

Is there any where I can find that it is?

Also they said it doesn't apply for their company. Lame.

I have an F2 Visa

Thanks.
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supernick



Joined: 24 Jan 2003
Location: Seoul

PostPosted: Fri May 08, 2009 1:26 am    Post subject: Reply with quote

Labour laws apply to all. There are different laws that apply to different types of companies depending are their size. Don't like anyone try to jack you around.
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thematrixiam



Joined: 31 Oct 2007

PostPosted: Fri May 08, 2009 1:33 am    Post subject: Reply with quote

found it here.

http://english.molab.go.kr/english/Foreign/Foreign-overview.jsp

it says :

Foreign workers are applied with the labor related laws during the period of employment identical to the native workers such as Labor Standard Act, Minimum Wages Act, Industrial Safety Health Act etc.


I am trying my best not to get jacked around... it has to do with the vacation pay... One month of, but only 40 hours pay.

I haven't signed my contract yet... I just hope me trying to get what I feel is correct will not lessen the chances of me getting the job.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Fri May 08, 2009 1:59 am    Post subject: Re: labor standards act not applicable? Reply with quote

thematrixiam wrote:
Just got the usual Korean labor standards act does not apply to me because I am a foreigner.

Hogwash, BS, horse hockey, bull pucky, utter nonsense.

Call Labor directly (dial 1350) for all the confirmation you need.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Fri May 08, 2009 2:06 am    Post subject: Reply with quote

thematrixiam wrote:
it has to do with the vacation pay... One month of, but only 40 hours pay.

Sounds an awful lot like a Pagoda contract. Their 40 hours of paid vacation has always broken labor laws, but that clause is still there years later.
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thematrixiam



Joined: 31 Oct 2007

PostPosted: Fri May 08, 2009 2:52 am    Post subject: Reply with quote

yes . . .

it does sound an awful lot like pagoda.

*wink* Wink
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Fri May 08, 2009 3:25 am    Post subject: Reply with quote

Then go in knowing

1) the vacation they offer is well under the mandatory amount MANDATED by labor and
2) they will not change the contract to adhere to the labor laws on vacation (among other labor law violations their contracts contain)

If you wish to sign on knowing this, that would be up to you.
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CentralCali



Joined: 17 May 2007

PostPosted: Sat May 09, 2009 1:35 am    Post subject: Reply with quote

If your prospective employer is telling you in advance that he believes the labor standards act does not apply to how he treats you, then you will be ten times a fool if you sign on with that employer.
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sat May 09, 2009 1:51 am    Post subject: Reply with quote

supernick wrote:
Labour laws apply to all.


Wrong... you're in K-land, quit thinking like a 'westerner'.

The OP must first ask this question -
How many people does my employer normally employ?

The answer to this question will determine if the K Labor Standards Act applies.
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gajackson1



Joined: 27 Jan 2003
Location: Casa Chil, Sungai Besar, Sultanate of Brunei

PostPosted: Sun May 10, 2009 12:29 am    Post subject: Reply with quote

Well, CM, if you reallly want to go there, then that is the wrong question.

The right~er set of questions would be something like this:

* How big/powerful is my employer?

* How well-connected is my employer?

* How much face stands to be lost, in relation to what attention I might bring to this issue?

* Are the potential repercussions worth the potential gains?

The concepts of law and justice share some very unusual Venn space in Korea. I find that usually, the teacher has an easier time with the former than the latter.

Let the buyer beware . . . there are some people who will tell you to sign any contract, because you KNOW the law, and the law will back you. But the reality of that situation is a lot, lot harder to pull off for many.

G.[/i]
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M-Tea



Joined: 11 Oct 2008

PostPosted: Sun May 10, 2009 9:02 am    Post subject: Reply with quote

gajackson1 wrote:
Well, CM, if you reallly want to go there, then that is the wrong question.

The right~er set of questions would be something like this:

* How big/powerful is my employer?

* How well-connected is my employer?

* How much face stands to be lost, in relation to what attention I might bring to this issue?

* Are the potential repercussions worth the potential gains?

The concepts of law and justice share some very unusual Venn space in Korea. I find that usually, the teacher has an easier time with the former than the latter.

Let the buyer beware . . . there are some people who will tell you to sign any contract, because you KNOW the law, and the law will back you. But the reality of that situation is a lot, lot harder to pull off for many.

G.[/i]


Usually only applicable with bigger academies/schools but still an important point.
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