Korean Job Discussion Forums

[maymicrosoftburn]

Folks, I've recently had to tell an employer that he or she cannot dock me 2 days' pay for missing for missing 1 day (regardless of whether there's notification -- in my case there was).

1) Is this true?

2) Can someone cite the chapter and article from a Korean legal doc?

[Carla]

[iggyb]

From my reading of the Korean Labor Law, no.

Google for Korea Labor Standards Act. You can get the pdf version in English. Make sure it is from a site that has the updated version.

You can try at this address though I got my copy from the government website which I can't find quickly at this moment.

http://www.scribd.com/doc/12960127/Korean-Labor-Standards-Act-amended-in-2007

From my reading of certain provisions --- an employer can't dock you more than 1/2 a day's pay. There is also a percentage limit in how much you can lose as a penalty per month.

Also, for every month you work without missing a day, you get 1 leave day. Parts of the law say the leave day can be taken solely on the discretion of the employee. Parts say that it can't interfere with the vital operations of the business. It seems to me to create a gray area in which the Labor Board would be the judge in specific cases brought before it on this issue.

I believe, if you have worked more than a month without being out, your boss legally can't penalize you at all, because you have built up leave days.

At minimum, the law seems clear that your boss can only take 1/2 a day's pay.

[Korussian]

[bassexpander]

Sounds like a contract from HiEnglish.

[iggyb]

Thanks for the link. I was trying to get a pdf conversion program.

Shouldn't that link be a sticky note at this forum?

[Young FRANKenstein]