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Witholding paid vacation time?

 
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treehouse



Joined: 17 Jul 2010
Location: Seoul

PostPosted: Wed Jul 21, 2010 8:29 pm    Post subject: Witholding paid vacation time? Reply with quote

I'm currently working at a public elementary school near the Suwon area and everything has been going really well. The other teachers are friendly, my co-teacher is really helpful and gives me plenty of freedom in my lessons, and the principal seems to like me a lot.

However, the school must have had some problems with previous foreign teachers leaving early or somehow exploiting their paid holidays/sick leave and are therefore witholding my paid vacation until I have worked for them for three months. I understand their reasoning for doing so, but I enjoy the work and the environment and don't plan on leaving the school, but still they insist on making me wait.

This stipulation is not in the contract and if I am forced to wait to take my paid vacation, it will have to be during the winter break -_-;

Has this happened to anyone and/or is this some kind of contract breach?
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Ramen



Joined: 15 Apr 2008

PostPosted: Wed Jul 21, 2010 8:35 pm    Post subject: Re: Witholding paid vacation time? Reply with quote

treehouse wrote:
I'm currently working at a public elementary school near the Suwon area and everything has been going really well. The other teachers are friendly, my co-teacher is really helpful and gives me plenty of freedom in my lessons, and the principal seems to like me a lot.

However, the school must have had some problems with previous foreign teachers leaving early or somehow exploiting their paid holidays/sick leave and are therefore witholding my paid vacation until I have worked for them for three months. I understand their reasoning for doing so, but I enjoy the work and the environment and don't plan on leaving the school, but still they insist on making me wait.

This stipulation is not in the contract and if I am forced to wait to take my paid vacation, it will have to be during the winter break -_-;

Has this happened to anyone and/or is this some kind of contract breach?


Don't let them slide with that kind of none sense. I hope you told them you'll take your paid vacation in accordance with your contract.

What would you be doing during entire school vacation assuming that you've bent over and let them have it? Razz
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chris_J2



Joined: 17 Apr 2006
Location: From Brisbane, Au.

PostPosted: Wed Jul 21, 2010 8:38 pm    Post subject: Vacation Reply with quote

You generally get 7 work days summer vacation & 7 days winter vacation. I'll check the 2010 contract & come back & paste.
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chris_J2



Joined: 17 Apr 2006
Location: From Brisbane, Au.

PostPosted: Wed Jul 21, 2010 8:39 pm    Post subject: Vacation Reply with quote

You generally get 7 work days summer vacation & 7 days winter vacation. I'll check the 2010 contract & come back & paste.
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chris_J2



Joined: 17 Apr 2006
Location: From Brisbane, Au.

PostPosted: Wed Jul 21, 2010 8:39 pm    Post subject: Vacation Reply with quote

You generally get 7 work days summer vacation & 7 days winter vacation. I'll check the 2010 contract & come back & paste.
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NYC_Gal



Joined: 08 Dec 2009

PostPosted: Wed Jul 21, 2010 8:42 pm    Post subject: Reply with quote

Your contract says nothing about 3 months waiting, if your in a PS. Tell them you are going to stick to your contract, and take those days.

Or... Take a really long holiday somewhere warm in the winter.
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oldfatfarang



Joined: 19 May 2005
Location: On the road to somewhere.

PostPosted: Wed Jul 21, 2010 8:43 pm    Post subject: Re: Witholding paid vacation time? Reply with quote

treehouse wrote:
.... public elementary school leave and are therefore witholding my paid vacation until I have worked for them for three months.


When did you start working? Your post implies that you've been working for less than 3 months. If this is so, you may not be entitled to any paid vacation days.

I think you need to work 6 months before you're entitled to paid vacation leave (could be wrong on this). Most countries have a sliding scale, i.e., work 2 months = 1 day paid vacation - work 3 months = 2 days paid vacation and so on.
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treehouse



Joined: 17 Jul 2010
Location: Seoul

PostPosted: Wed Jul 21, 2010 8:45 pm    Post subject: Reply with quote

Well, I'm running an English camp for a few weeks, but other than that I'd probably be sitting at my computer doing this. hah. I should start adding imaginary clauses to the contract too and see if they comply, heh.

No, but seriously I'd rather than be coming into work everyday to do nothing until the next semester starts.
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chris_J2



Joined: 17 Apr 2006
Location: From Brisbane, Au.

PostPosted: Wed Jul 21, 2010 8:46 pm    Post subject: Leave Reply with quote

Quote:
Article 12(Paid Leave)
1. Employee shall be entitled to a paid leave for a total of twenty(20) working days during the term of the employment. Paid leave may be taken at any time school is not in session, and must be approved by school principal at least 15 days in advance. Weekends (Saturdays and Sundays) and the Korean National Holidays do not count as vacation days. If Employee renews the contract, up to 10 days of unused yearly paid leave may be rolled over to the new contract period. This carried over paid leave may be used in the new contract period, but it may not be rolled over into any subsequent contract period.
2. In case of a maternity leave, the first 60 calendar days shall be a paid leave by Employer.


The 14 days was my old EPIK contract. GEPIK are more generous & allow 20 days. Which is what I got last year. No more, no less. I'm pretty sure Suwon would be in Gyeonggi~do?


Last edited by chris_J2 on Wed Jul 21, 2010 8:48 pm; edited 1 time in total
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treehouse



Joined: 17 Jul 2010
Location: Seoul

PostPosted: Wed Jul 21, 2010 8:47 pm    Post subject: Re: Witholding paid vacation time? Reply with quote

oldfatfarang wrote:
treehouse wrote:
.... public elementary school leave and are therefore witholding my paid vacation until I have worked for them for three months.


When did you start working? Your post implies that you've been working for less than 3 months. If this is so, you may not be entitled to any paid vacation days.

I think you need to work 6 months before you're entitled to paid vacation leave (could be wrong on this). Most countries have a sliding scale, i.e., work 2 months = 1 day paid vacation - work 3 months = 2 days paid vacation and so on.


Ah, this may be true and although it sounds logical, the contract never mentioned such details about using paid vacation time. I read the contract very thoroughly a few times and it seems like the school is just adding stipulations. I've been working here for about a month and half now to answer your first question.
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treehouse



Joined: 17 Jul 2010
Location: Seoul

PostPosted: Wed Jul 21, 2010 8:51 pm    Post subject: Re: Leave Reply with quote

chris_J2 wrote:
Quote:
Article 12(Paid Leave)
1. Employee shall be entitled to a paid leave for a total of twenty(20) working days during the term of the employment. Paid leave may be taken at any time school is not in session, and must be approved by school principal at least 15 days in advance. Weekends (Saturdays and Sundays) and the Korean National Holidays do not count as vacation days. If Employee renews the contract, up to 10 days of unused yearly paid leave may be rolled over to the new contract period. This carried over paid leave may be used in the new contract period, but it may not be rolled over into any subsequent contract period.
2. In case of a maternity leave, the first 60 calendar days shall be a paid leave by Employer.


The 14 days was my old EPIK contract. GEPIK are more generous & allow 20 days. Which is what I got last year. No more, no less. I'm pretty sure Suwon would be in Gyeonggi~do?


Yup, I'm with GEPIK right now and my contract is the same as this. Yeah, Suwon is in Gyeonggido about an hour from Mok-Dong station (if that is a good reference point hah).
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chris_J2



Joined: 17 Apr 2006
Location: From Brisbane, Au.

PostPosted: Wed Jul 21, 2010 9:02 pm    Post subject: Leave Reply with quote

My 2006 orientation course was at La Vie D'Or Resort in Suwon. This year I haven't had one, but there was a study trip to Gyeongju late June. We may have even met there!

My interpretation of the contract is that it's up to the Principal. But 4 weeks in Thailand or Boracay in January is not so hard to take! In 2006 my Principal allowed me 2 weeks off & I went to Japan. Then in January 2007, I had 2 weeks in Ko Samui, Phuket, & Bangkok, Thailand.
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