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akcrono
Joined: 11 Mar 2010
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 Posted: Wed Sep 28, 2011 1:00 am Post subject: Are IC's protected by labor board regulations? |
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| Are IC's protected by the same legal regulations that employees are? My friend just got canned and was told to move out in a week. We have been told by the Korean staff that in Korea, employees are required to have 30 days notice. Does anyone know for sure what the labor board would do here? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Sep 28, 2011 1:18 am Post subject: Re: Are IC's protected by labor board regulations? |
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| akcrono wrote: |
| Are IC's protected by the same legal regulations that employees are? My friend just got canned and was told to move out in a week. We have been told by the Korean staff that in Korea, employees are required to have 30 days notice. Does anyone know for sure what the labor board would do here? |
a) Were they really an independent contractor )or were they a defacto employee)?
b) Have they been employed there for more than 6 months?
If a = yes then move out.
If a = no then see "b".
If b = yes then see labor office.
If b = no then move out.
http://www.moel.go.kr/
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akcrono
Joined: 11 Mar 2010
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| Posted: Wed Sep 28, 2011 2:00 am Post subject: Re: Are IC's protected by labor board regulations? |
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| ttompatz wrote: |
| akcrono wrote: |
| Are IC's protected by the same legal regulations that employees are? My friend just got canned and was told to move out in a week. We have been told by the Korean staff that in Korea, employees are required to have 30 days notice. Does anyone know for sure what the labor board would do here? |
a) Were they really an independent contractor )or were they a defacto employee)?
b) Have they been employed there for more than 6 months?
If a = yes then move out.
If a = no then see "b".
If b = yes then see labor office.
If b = no then move out.
http://www.moel.go.kr/
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His contract defines him as an IC, but he is an employee in practice (he has regular hours, a boss, and no other jobs). He has been there a year. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Sep 28, 2011 2:08 am Post subject: |
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If he wants to fight it at the labor office he will eventually win (unless there was just cause for the termination (as defined by the labor standards act).
The prize however is his job back - not sure if that really is a win.
He can also fight for severance and should eventually get it.
He can also use that to make a nuisance of himself at the NPS but do be aware that that horse will bite back with back payments on his NHIC as well.
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akcrono
Joined: 11 Mar 2010
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| Posted: Wed Sep 28, 2011 2:25 am Post subject: |
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| ttompatz wrote: |
If he wants to fight it at the labor office he will eventually win (unless there was just cause for the termination (as defined by the labor standards act).
The prize however is his job back - not sure if that really is a win.
He can also fight for severance and should eventually get it.
He can also use that to make a nuisance of himself at the NPS but do be aware that that horse will bite back with back payments on his NHIC as well.
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I saw on the labor board document for foreign investors this little gem:
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| In case the worker doesn't want to return to the previous work, the employer should provide the worker with money or other equivalents that are at least equal to the wage which the worker would have been paid for the period of his/her absence if he/she had not been dismissed. |
Seems like he can get compensation instead of his job back. He's not really out to screw the school. He just doesn't think 2 weeks is enough to find a decent job. |
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akcrono
Joined: 11 Mar 2010
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| Posted: Wed Sep 28, 2011 2:28 am Post subject: |
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| Also, I don't suppose you have a link to a source that defines IC's as employees for these regulations. I have had no luck so far. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Sep 28, 2011 4:30 am Post subject: |
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| akcrono wrote: |
| Also, I don't suppose you have a link to a source that defines IC's as employees for these regulations. I have had no luck so far. |
Labor standards act defines an employee/worker.
Article 2 (Definition)
(1) Terms used in this Act are defined as follows :
1. The term �worker� in this Act means a person who offers work to a business or workplace to earn wages, regardless of kinds of job he/she is engaged in.
A subcontractor does not get wages. They get a fixed fee for a fixed job (think hire a plumber to put new pipes into your house). He gets a set fee for the job completion. You don't pay him wages. He works on his own schedule at his own pace and not under the specific direction of the person employing him. He chooses when and how to get the job done. He is a contractor.
You also have to be careful of the last line of article 26:
Article 26 (Advance Notice of Dismissal)
An employer shall give an advance notice to a worker at least thirty days before dismissal (including dismissal for managerial reasons). If the notice is not given thirty days before the dismissal, ordinary wages of more than thirty days shall be paid to the worker, except in cases, prescribed by the Ordinance of the Ministry of Employment and Labor, where it is impossible
to continue business because of natural disasters, armed conflicts,
or other unavoidable causes, or where a worker has caused considerable difficulties to business, or damage to properties on purpose.
And lastly, if your "friend" is one of those working for CDI (the only ones who usually try to pull this stunt), there are other fish to fry as well (think of the class action lawsuit).
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