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Toby
Joined: 15 Jan 2003
Location: Wedded Bliss
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 Posted: Thu Mar 11, 2004 12:02 am Post subject: Sick days. What is the law? |
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There is real confusion between teachers, hakwons and the law when it comes to taking sick days.
I know that it should, and usually stipulate in the contract about either not being allowed any sick days, or you can have three and they will penalise you.
But. Am I right in thinking that it is Korean law that if you do not take any time off sick through the year, you are entitled to either 5 days vacation or the money in lieu?
I am in the process of having a 'discussion' with my school as she thinks, that even though it says it in the contract, that the two days vacation or pay is actually me trying to just 'take' from her. She claims she didn't fully understand the contract when we drew it up a year ago.
I am going to let it go coz I like working here blah blah blah, but what is the legal viewpoint on sick days? |
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peppermint
Joined: 13 May 2003
Location: traversing the minefields of caddishness.
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| Posted: Thu Mar 11, 2004 12:08 am Post subject: |
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On a related note:
A co-worker slipped on some ice walking home after the big snowfall. She broke her ankle and will be housebound for at least six weeks. Anyone know what her rights are?
I've tried to post to the Koreabridge forum to ask the EFL Law guy, but it won't let me for some reason. |
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just because
Joined: 01 Aug 2003
Location: Changwon - 4964
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| Posted: Thu Mar 11, 2004 12:24 am Post subject: |
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The law on Sick days is that Korean son't take sick days so we shouldn't either  .
| toby wrote: |
that even though it says it in the contract, that the two days vacation or pay is actually me trying to just 'take' from her. She claims she didn't fully understand the contract when we drew it up a year ago.
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That is stiff crap to her. If she was too stupid to understand thats not your problem. I find it a bit strange that a clause like that is in there but I would go for the money or come to an arrangement with her. |
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wylde
Joined: 14 Apr 2003
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| Posted: Thu Mar 11, 2004 12:36 am Post subject: Re: Sick days. What is the law? |
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| Toby wrote: |
| But. Am I right in thinking that it is Korean law that if you do not take any time off sick through the year, you are entitled to either 5 days vacation or the money in lieu? |
damn i hope so.. i get 25 sick days a year.. i would like another month off |
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rapier
Joined: 16 Feb 2003
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| Posted: Thu Mar 11, 2004 12:50 am Post subject: |
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| i get 3 sick days and 7 vacation days. Not great, but better than the 2 other hogwons I was at. |
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Gord
Joined: 25 Feb 2003
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| Posted: Thu Mar 11, 2004 1:01 am Post subject: Re: Sick days. What is the law? |
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| Toby wrote: |
| But. Am I right in thinking that it is Korean law that if you do not take any time off sick through the year, you are entitled to either 5 days vacation or the money in lieu? |
No. |
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wylde
Joined: 14 Apr 2003
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| Posted: Thu Mar 11, 2004 1:02 am Post subject: |
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| Gord wrote: |
| Toby wrote: |
| But. Am I right in thinking that it is Korean law that if you do not take any time off sick through the year, you are entitled to either 5 days vacation or the money in lieu? |
No. |
doh  |
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sadsac
Joined: 22 Dec 2003
Location: Gwangwang
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| Posted: Thu Mar 11, 2004 5:33 am Post subject: |
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| If you don't take them, then you forfeit them. Most contracts stipulate an amount of sick days, but I have never seen one that offers pay in leiu of days not taken. My previous contract was 10 days sick per year, 6 full pay, 4 half pay, any days above that and there was the choice to take your vacation days as sick days. Never was there an opportunity to take the money for the days not used, or to accrue them. |
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Eazy_E
Joined: 30 Oct 2003
Location: British Columbia, Canada
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| Posted: Thu Mar 11, 2004 7:27 pm Post subject: |
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In hagwons sick days exist in name only. If you actually try to take them you're frowned upon as a lazy, irresponsible waygook who doesn't understand how things work here.
That's been my experience. |
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shawner88
Joined: 01 Feb 2003
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| Posted: Fri Mar 12, 2004 2:38 am Post subject: |
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| peppermint wrote: |
On a related note:
A co-worker slipped on some ice walking home after the big snowfall. She broke her ankle and will be housebound for at least six weeks. Anyone know what her rights are?
I've tried to post to the Koreabridge forum to ask the EFL Law guy, but it won't let me for some reason. |
That's no excuse to miss work.
Mr. Kim
Director |
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schwa
Joined: 18 Jan 2003
Location: Yap
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| Posted: Fri Mar 12, 2004 4:07 am Post subject: |
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I doubt there is a standard labor law provision regarding sick days. Much the same as where I come from (Canada) it seems to be up to the boss & whatever the contract you sign says.
My first contract stipulated 200k won if I didnt miss a day, but my boss, who was in every other way honest & forthcoming, shrugged it off. So did I. Wasnt worth souring a relationship.
True, youre expected to plow through most indispositions -- think of it as character-building. A cold or whatever, I always found it better to try & function than wallow on my sofa, o woe is me. 5 years teaching in Korea now I've yet to call in sick (touch wood). I'm a smokin drinkin old guy too, whats up with you younger folk?
Sure, a broken ankle (or any bone) takes 6 weeks to heal but housebound all that time? Why? Ever heard of crutches? |
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Lost Seoul
Joined: 10 Jan 2003
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| Posted: Fri Mar 12, 2004 8:46 am Post subject: Re: Sick days. What is the law? |
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| Gord wrote: |
| Toby wrote: |
| But. Am I right in thinking that it is Korean law that if you do not take any time off sick through the year, you are entitled to either 5 days vacation or the money in lieu? |
No. |
Correct you are not entitled to five days you are entitled to more.
Korean Labor Standards Act
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Article 59 (Annual Paid Leave)
(1) An employer shall grant 10 days' leaves with pay to those 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.
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Getting the law enforced however is another matter entirely. |
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prairieboy
Joined: 14 Sep 2003
Location: The batcave.
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| Posted: Fri Mar 12, 2004 5:32 pm Post subject: Re: Sick days. What is the law? |
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| Lost Seoul wrote: |
| Gord wrote: |
| Toby wrote: |
| But. Am I right in thinking that it is Korean law that if you do not take any time off sick through the year, you are entitled to either 5 days vacation or the money in lieu? |
No. |
Correct you are not entitled to five days you are entitled to more.
Korean Labor Standards Act
==================
Article 59 (Annual Paid Leave)
(1) An employer shall grant 10 days' leaves with pay to those 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.
==================
Getting the law enforced however is another matter entirely. |
It doesn't actually say that this is sick leave. It's titled "Annual Paid Leave." These aren't sick days, but just days you are entitled to take throughout the year, such as vacation. So if you go by the labour law as above and took 6 days because of sickness, then you'd have 4 days left to use for your vacation. You don't get extra days according to this article for sickness.
I don't know what everyone else's contract says but I get 10 days of paid vacation and 6 days of sick days. I haven't been so sick as to miss a day of work in the 2 and a half years I've been in Korea, But I make sure I get my vacation days.
As for the pay in lieu of sick days if you haven't used them, it's not common but I do see ads for jobs and this is being listed as a benefit/perk of some jobs in increasing frequency. Check out the job ads and you'll probably find one or two out of 100...not common at all but it does exist.
Cheers |
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Gord
Joined: 25 Feb 2003
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| Posted: Fri Mar 12, 2004 6:19 pm Post subject: Re: Sick days. What is the law? |
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| Lost Seoul wrote: |
Correct you are not entitled to five days you are entitled to more.
Korean Labor Standards Act
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Article 59 (Annual Paid Leave)
(1) An employer shall grant 10 days' leaves with pay to those 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.
==================
Getting the law enforced however is another matter entirely. |
That has nothing to do with being sick, as section 4 of Article 59 clearly states that being sick does not count towards those 10 absent days.
(4) The period of suspension of work resulting from occupational injury or disease of a worker and the period of suspension of work before and after childbirth for a female worker in accordance with Article 72 shall be regarded as equivalent to the period of work without suspension in application of paragraph (1).
I've bolded up the parts that should be read as one single sentence. |
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peppermint
Joined: 13 May 2003
Location: traversing the minefields of caddishness.
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| Posted: Fri Mar 12, 2004 8:08 pm Post subject: |
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| schwa wrote: |
Sure, a broken ankle (or any bone) takes 6 weeks to heal but housebound all that time? Why? Ever heard of crutches? |
WEll, the co- worker lives on the thrid floor of our villa, school is a ten minute walk away, and her classes are on the fifth floor of our elevator deprived school. She was willing to go to work and basically inhabit the fifth floor, but the doctor told her she couldn't. |
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