Korean Job Discussion Forums

[ThingsComeAround]

I don't eat meat, yet my school insists on serving meat on a near daily basis (meaning for three straight weeks if I stayed to eat lunch, my diet would consist of only rice & kimchi)

Asked for many options. Can I bring my own food? Co-teacher gets mad because my food looks better. Can I go outside? Officially the answer was "no" because the principal "might be watching the CCTV". Can the cafeteria make me a bibimbap? "No because they don't speak English" Can I go to the bank? "Okay". Guess what? I ended up going to the bank EVERY DAY and we all look like winners.

[jrwhite82]

[jrwhite82]

And actually, we are both wrong it looks like.

http://www.ilo.org/dyn/natlex/docs/WEBTEXT/46401/65062/E97KOR01.htm#a49

Article 53

According to labor law, you are allowed 30 minutes of recess that you can use freely.

For every 4 hours of work you get 30 minutes of recess.

If you work from 9am-4:40 pm. That is 7 hours and 40 minutes (30 of which are already recess). So you are entitled to a 30 minute recess to do whatever you want.

So the OP should be allowed to leave for 30 minutes to take care of his business (eating, banking, doctor visits, etc...) without being penalized.

I stand by my original statement. If you are supposed to be given a full hour of lunch to use at your leisure, then according to the LSA you need to work over 8 hours a day to be entitled to it. (Unless your boss is cool with it....and that is going to be hit or miss) TUM, you've had reasonable and lenient bosses in the past. And since you've been here a while, you know that isn't the case for everyone. Legally, they aren't required to give you a full hour of recess.

[jamesd]

What about the breaks between classes?

[jrwhite82]

[plchron]

i looked at the same source. My contract says i am required to complete 8 work hours (so do all the other public school contracts). So if i do leave I would have to stay later. Recess hours aren't counted as a work hour.

[jrwhite82]

You're pretty much right. Although you are entitled to that 30 minute recess (because you worked 4 hours+), it is kind of hard to use it. Because then your boss COULD say that you didn't work a full 8 hours that day according to your contract. (8 hours minus 30 minutes recess is only 7:30) Provided that you worked 9-4:40. And then he COULD start requiring you to stay until 5:10 on days you use your recess. Legally he is allowed to do that. I've never really heard it come to that.

I know in the US, companies can get in trouble if hourly employees don't take their minimum breaks. (even if it's by personal choice of the employee). I'm not sure about Korea though.

Usually, like TUM said, schools will let you leave to take care of personal business, and eat a hamburger once in a while. However, being allowed to leave on a daily basis, for an hour, rarely (if ever) happens. Almost every school will let you leave once in a while. Almost no school will let you do it every day for an entire hour.

[TheUrbanMyth]

[ThingsComeAround]

@TUM +1

@jrwhite

I was never docked pay nor vacation time. They had a pissing contest because they wanted to "check up" on me (JUNG) even though they made no concessions to encourage me to stay. As I said, I gave them a reason to leave which was official enough.

[jrwhite82]

[TheUrbanMyth]

[jrwhite82]

[jrwhite82]

Also, the LSA says:

Article 54 (Recess Hours)
(1) An employer shall allow a recess period of more than
30 minutes for every 4 working hours and more than 1 hour
for every 8 working hours during the working hours.
(2) A recess period may be freely used by workers.

Notice is 54.1 it says - an employer shall allow. To me, this means that the choosing of when the employee is allowed to use his time for recess is determined by the employer. Provided that he follows the rules stated.

Then in 54.2, it may be freely used by workers. Meaning once he is given his recess period, the employee is free to do what he wants. (go to the bank, grab a coffee, have a big mac...)

So it is up to the employer to decide when the recess is. Not the employee. The employee can choose what to do and where to go during it.

So if your school has more than 10 employees:

Rules of Employment
Article 93 (Preparation and Filing of Rules of Employment)
An employer ordinarily employing ten workers or more
shall prepare the rules of employment concerning matters
described in any of the following subparagraphs and file it with
the Minister of Employment and Labor. If any amendments to
the rules of employment occurs, the same procedures shall also
be followed: <Amended by Act No. 10339, Jun. 4, 2010>
1. matters pertaining to the starting and finishing time of
work, recess hours, holidays, leaves and shifts;

(This also shows that it is up to the employer to decide when recess is)

If you are free to use your recess whenever you want, do you think you would be allowed to take your recess during the middle of class?

[matthews_world]

Doesn't recess mean you have to stay at the school?

If you need to leave the school you should sign out and let the higher ups know as well.

If you go outside for personal business too many times during your contract then it might look bad upon whether they decide to rehire you or not.

[jrwhite82]