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Pregnant and working?

 
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FrancescaLEF



Joined: 30 Sep 2010
Location: Korea

PostPosted: Tue Aug 30, 2011 2:20 am    Post subject: Pregnant and working? Reply with quote

Hi,

I'm in the early stages of pregnancy and suffering from pretty bad morning sickness. With about a month left to go on my contract, I've had to take 1 and 1/2 days off unpaid from my hagwon so far, and am planning on taking tomorrow off and then hoping to work through the rest of it.

My boss can be very unfair when it comes to time off - I had to have an emergency operation in April and she would only give me half a day off. Today I had to take half a day off because of vomiting, walked down to the ATM to get some cash for a taxi into work, and fainted in front of the ATM. I called her and told her that the substitute teacher would have to cover me for the rest of the day. The boss then sent me an angry email accusing me of not caring about my students and co-teachers, telling me that she feels like my maid, and generally wrote a bunch of lies to try and make me feel guilty.

What are the laws about working during pregnancy (or discrimination against pregnant workers) in Korea? I can't help but feel that she's being unnecessarily cruel, and that she wouldn't be so angry if my sickness wasn't pregnancy-related. She's also threatening to fire me two weeks before my contract ends, putting my end-of-year bonus in jeopardy.

Thanks for the help,
Francesca.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Aug 30, 2011 4:29 am    Post subject: Re: Pregnant and working? Reply with quote

FrancescaLEF wrote:
Hi,

I'm in the early stages of pregnancy and suffering from pretty bad morning sickness. With about a month left to go on my contract, I've had to take 1 and 1/2 days off unpaid from my hagwon so far, and am planning on taking tomorrow off and then hoping to work through the rest of it.

My boss can be very unfair when it comes to time off - I had to have an emergency operation in April and she would only give me half a day off. Today I had to take half a day off because of vomiting, walked down to the ATM to get some cash for a taxi into work, and fainted in front of the ATM. I called her and told her that the substitute teacher would have to cover me for the rest of the day. The boss then sent me an angry email accusing me of not caring about my students and co-teachers, telling me that she feels like my maid, and generally wrote a bunch of lies to try and make me feel guilty.

What are the laws about working during pregnancy (or discrimination against pregnant workers) in Korea? I can't help but feel that she's being unnecessarily cruel, and that she wouldn't be so angry if my sickness wasn't pregnancy-related. She's also threatening to fire me two weeks before my contract ends, putting my end-of-year bonus in jeopardy.

Thanks for the help,
Francesca.


http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=254&tab=Standards

Bottom line: They cannot make you work in a hazardous environment.

= Can they make you sit in a classroom = YES.
= Is morning sickness an excuse to miss work = no.
= Can she fire you for non-performance of duty = yes.
= Does she need to give notice = probably not (exemption to the rule due to "cause considerable difficulties to the business" clause of the act.
=Can you lose out on your benefits if you get fired for missing work = YES.
=Will you have recourse under the labor act = probably not. You would probably lose the fight at tribunal.

YOUR ONLY HOPE is that you have a clause in your contract that allows for "sick days" (not required by labor standards) as it would at least give you an out at the labor office to file a claim for early termination of your employment.

.
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