Korean Job Discussion Forums

[ttompatz]

Korean Labor Standards Act

Article 3 (Standards of Working Conditions)

The working conditions provided herein shall prescribe the minimum standards and the parties to employment relations, therefore, shall not reduce the working conditions under the pretext of compliance with this Act.

Article 15 (Labor Contract contrary to This Act)

(1) A labor contract which establishes working conditions which do not meet the standards provided for in this Act shall be null and void to that extent.

(2) Those conditions invalidated in accordance with the provisions of paragraph (1) shall be governed by the standards provided in this Act.

Article 60 (Annual Paid Leave)

(1) An employer shall grant 15 days' paid leave to a worker who has registered not less than 80 percent of attendance during one year.

(2) An employer shall grant one day's paid leave per month to a worker whose consecutive service period is shorter than one year, if the worker has offered work without an absence throughout a month.

(3) In case an employer grants a worker paid leave for the first one year of his/her service, the number of leave days shall be 15 including the leave prescribed in paragraph (2), and if the worker has already used the leave prescribed in paragraph (2), the number of used leave days shall be deducted from the 15 days of leave.

(4) After the first year of service, an employer shall grant one day's paid leave for each two years of consecutive service in addition to the leave prescribed in paragraph (1) to a worker who has worked consecutively for 3 years or more. In this case, the total number of leave days including the additional leave shall not exceed 25.

(5) An employer shall grant paid leave pursuant to paragraphs (1) through (4) upon request of a worker, and shall pay ordinary wages or average wages prescribed in employment rules or other regulations during the period of leave. However, the leave period concerned may be changed, in case granting the leave as requested by the worker might cause a serious impediment to the operation of the business.

(6) In applying paragraphs (1) through (3), a period falling under any of the following sub-paragraphs shall be considered a period of attendance :
1. A period during which a worker is unable to work due to occupational injuries or diseases;
2. A period during which a pregnant woman does not work on maternity leave taken pursuant to paragraphs (1) and (2) of Article 74.

(7) The leave referred to in paragraphs (1) through (4) shall be forfeited if not used within one year. However, this shall not apply in case where the worker concerned has been prevented from using the leave due to any cause attributable to the employer.

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[northway]

Ttompatz: correct me if I'm wrong, but my understanding is that red days don't have to be paid. If the school offers all national holidays (paid) and three extra days of vacation, that probably covers the twelve days required by law, depending on where the holidays fall during a given year.

[ttompatz]

[emmajuno]

[koreatimes]

[northway]

[plchron]

Judo girl; you screwed up a little bit not getting vacation days set in stone. Try to negotiate, it doesn't say that you only get 2 days or 3 days in your contract.

They can't make you pay back anything, but if you give them warning of your imminent and early departure then they will illegally withhold the cost of your flight.

As to your pay; it sounds like the first calender month you worked for 2 weeks. You got a pro-rated amount for the time worked. On your last calender month at the 12 month mark you would have gotten your last 2 weeks of pay. Am I wrong about the pay? Did you work for a month and then only receive half of the money owed?

Leaving isn't as difficult as it sounds.If your getting screwed, Send your prints back to your national police and start getting the documents in order to pull a runner. DON'T TELL ANYONE AT WORK THAT YOU ARE THINKING OF LEAVING!

[koreatimes]

[Judogrl]

Ok, I understand that part, it's just unfortunate that when I read the contract and it was worded in a strange manor, and I asked my recruiter, he told me 5 days, so I said ok, I would sign.
What do you think about the first two weeks of teaching being considered training and only getting paid 50%?

[Son Deureo!]

Utter nonsense, unless you agreed to it in your contract.

[koreatimes]

[ttompatz]

[Judogrl]

I am planning on going in and talking to my boss tomorrow about this. My first day, another teacher explained to me what to do, and then I was sent into the class. No other teacher was there to help, and I told the students my name and then we got started working on the days assignments. There are other things in my contract that have been broken. I was supposed to be guaranteed 3 days orientation, that did not happen. I'm even supposed to have a kitchen table which I do not. My boss is also taking out 3.3% in taxes. I read in one of the threads that, that makes me a contractor? Does anyone know about that?

[jrwhite82]

[northway]

Does your contract refer to you as an employee or as a contractor?

Note: the general consensus around here is that the contractor thing is illegal, but it's relevant to your employer's interpretation of the contract.