Korean Job Discussion Forums

[hugekebab]

Hi,

The director for my university department is saying that because I have given my notice in on my contract for half way through the yearly term (according fully with the terms and conditions of that aforementioned contract) that I am no longer entitled to my holiday.

My holiday is 2 weeks pro rata.

I gave notice according to the set of conditions set out in my contract. I have made no breach of contract.

What can I do about it? Labour board?

[BigBuds]

Labor will cosider breaking contract early a breach of contract. I highly doubt they'll do anything for you.

[CentralCali]

It is not a breach of contract. The OP complied with the terms of the contract itself.

[hugekebab]

I gave notice according to the terms and conditions of the contract (give notice in April, leave after semester.) I am not in breach of contract; I actually agreed to stay longer than the notice required.

[frankly speaking]

I am not sure exactly on your situation. However, if one works for an organization and gets two weeks a year and you resign before that year is up then you are not really entitled to two weeks. I would say that if you worked for 6 months that you are entitled to one of those weeks.

You are leaving anyway in a month, I assume, so what's the big deal of two weeks. You will have your time off when you leave. I personally, don't get into controversy over little things.

I wouldn't bother the labor board, I would examine my contract closely, and then build up a strong argument that the logic cannot be disputed. Then I would address my boss.

[hugekebab]

I said 2 weeks pro rata so I have 4 weeks leave a year.

I wouldn't call two weeks leave a small matter, that's 1000000 won when converted into labour wage.

My boss doesn't respond to logical argument, only what suits the immediate staffing concerns.

[VanIslander]

Breaking contracts with Korean employers is like breaking up with girlfriends back home: they'll do almost anything for you until you tell them you're ending the relationship.

[The Gipkik]

How long have you worked at the university? What's your relationship with said boss and staff, students like? Why did you give notice?

[hugekebab]

I didn't break the contract, I followed the contractual guidelines to the letter. I didn't complete the full year cycle if that's what you meant.

[ontheway]

How much vacation time you should get, or whether or not you should receive cash compensation instead, depends on the wording of your contract. Pro rata computations are not always appropriate.

There are many common possibilities:

1) No paid vacation unless you work more than one full year.
2) You earn a certain amount of vacation time per month or per pay period.
3) You earn a certain amount of vacation time per pay period after some initial probationary type of delay.

In addition, it is reasonable that your employer cannot allow you to take vacation currently since you are being replaced and needed until your replacement arrives. In that case you should receive cash compensation in lieu of time off, if you have earned any paid vaction time under your contract.


Why not post the relevant sections of your contract. We can only speculate in the absence of facts.

[Sector7G]

I have been wondering about this question also, but my situation is slightly different.

I will be giving a two month notice in a few weeks. If they allow me to work out my notice, and they pretty much have to as I am the only western teacher here, the vacation time I will have already taken and been paid for will be commensurate with the time that I worked here. If you are figuring pro-rata that is. The thing is there is no mention of that in the contract. So I am wondering how they are going to view this.

I do have to admit that usually when you start a job in the states you don't get your first vacation until after the first year is up.

[hugekebab]

[Tobias]