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NO VACATION?
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braindrops



Joined: 13 Sep 2011

PostPosted: Wed Feb 08, 2012 10:03 pm    Post subject: NO VACATION? Reply with quote

So I was reading some of the more unsavory contracts on the board, and something came up: is it legal for hagwons to refuse to give vacation days? One of my friends mentioned that she had no days off last year. I didn't even know that that was possible. I have heard that some hagwons give as few as five days off, but zero?
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duke of new york



Joined: 23 Jan 2011

PostPosted: Thu Feb 09, 2012 12:28 am    Post subject: Re: NO VACATION? Reply with quote

braindrops wrote:
So I was reading some of the more unsavory contracts on the board, and something came up: is it legal for hagwons to refuse to give vacation days? One of my friends mentioned that she had no days off last year. I didn't even know that that was possible. I have heard that some hagwons give as few as five days off, but zero?


I don't think employers have any legal obligation to promise vacation time. Whether legal or not, it's pretty much up to the job seeker to not be a fool and sign a contract like that.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Feb 09, 2012 12:31 am    Post subject: Re: NO VACATION? Reply with quote

duke of new york wrote:
braindrops wrote:
So I was reading some of the more unsavory contracts on the board, and something came up: is it legal for hagwons to refuse to give vacation days? One of my friends mentioned that she had no days off last year. I didn't even know that that was possible. I have heard that some hagwons give as few as five days off, but zero?


I don't think employers have any legal obligation to promise vacation time. Whether legal or not, it's pretty much up to the job seeker to not be a fool and sign a contract like that.


Labor standards act trumps employment contract (article 2 sub 4) and sets the MINIMUMs allowed by law (article 3) regardless of what the contract says.

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 (paraphrased).
Less than 1 year employed = 1 day (cumulative) per calendar month worked provided the employee didn't miss a day during that month.

More than 1 calendar year worked = 15 calendar days of paid annual vacation.

.
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NYC_Gal 2.0



Joined: 10 Dec 2010

PostPosted: Thu Feb 09, 2012 1:50 am    Post subject: Reply with quote

Just curious-- from a legal standpoint, do those vacation days take national holidays into account?
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EarlGray



Joined: 07 Feb 2012

PostPosted: Thu Feb 09, 2012 2:44 am    Post subject: Reply with quote

NYC_Gal 2.0 wrote:
Just curious-- from a legal standpoint, do those vacation days take national holidays into account?


Yes. It's 15 total, national and personal together.

Even though the law may be on your side, I doubt you could do anything about it. If you try to fight it, it will be expensive and inconvenient.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Feb 09, 2012 3:11 am    Post subject: Reply with quote

NYC_Gal 2.0 wrote:
Just curious-- from a legal standpoint, do those vacation days take national holidays into account?


RED days are NOT counted as part of the 15. They are in addition to your 15 days of paid annual leave.

Personal days may be taken into consideration when calculating annual vacation time (see the rule for persons employed for less than 1 year).

.
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r122925



Joined: 02 Jun 2011

PostPosted: Thu Feb 09, 2012 3:22 am    Post subject: Reply with quote

ttompatz wrote:
NYC_Gal 2.0 wrote:
Just curious-- from a legal standpoint, do those vacation days take national holidays into account?


RED days are NOT counted as part of the 15. They are in addition to your 15 days of paid annual leave.

Personal days may be taken into consideration when calculating annual vacation time (see the rule for persons employed for less than 1 year).

.


So what's missing then?

Are saturdays counted or something? Or are all the hagwon contracts that only provide 10 days of vacation illegal? Or is this just a law that is largely ignored? Even most of the Koreans I know don't get 15 vacation days per year.
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Julius



Joined: 27 Jul 2006

PostPosted: Thu Feb 09, 2012 3:36 am    Post subject: Reply with quote

r122925 wrote:
Or is this just a law that is largely ignored?


Hogwons don't expect foreign workers to know the law, much less actually fight to get it enforced.

If you try to do so..expect to find yourself without a job and locked out of your apartment.
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s.tickbeat



Joined: 21 Feb 2010
Location: Gimhae

PostPosted: Thu Feb 09, 2012 4:11 am    Post subject: Reply with quote

It's not just a problem for foreigners - labor laws and standards are a serious social issue here. One of the biggest problems is that there's no protection for workers who come forward about labor standard abuses (such as withholding vacation time). If a worker complains to the labor board, the employer is perfectly within his or her rights to terminate that person's employment. It's a big problem for those who have difficulty finding work (namely young people, here, or people here as guest workers).

If your director decides to terminate your contract and lock you out of the apartment for going to the labor board, you really don't have any recourse that I know of. Perhaps wrongful dismissal? With the new D10 visa things might start to change. We'll see.
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northway



Joined: 05 Jul 2010

PostPosted: Thu Feb 09, 2012 4:39 am    Post subject: Reply with quote

s.tickbeat wrote:
It's not just a problem for foreigners - labor laws and standards are a serious social issue here. One of the biggest problems is that there's no protection for workers who come forward about labor standard abuses (such as withholding vacation time). If a worker complains to the labor board, the employer is perfectly within his or her rights to terminate that person's employment. It's a big problem for those who have difficulty finding work (namely young people, here, or people here as guest workers).

If your director decides to terminate your contract and lock you out of the apartment for going to the labor board, you really don't have any recourse that I know of. Perhaps wrongful dismissal? With the new D10 visa things might start to change. We'll see.


This is what I was thinking. I actually think most teachers get better vacation than your average Korean individual. Most of the local folks I know aren't getting two weeks off a year, let alone fifteen days.
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NYC_Gal 2.0



Joined: 10 Dec 2010

PostPosted: Thu Feb 09, 2012 7:36 am    Post subject: Reply with quote

Ah, I'm not considering the 2 weeks of home leave that I get at my hagwon if I renew. That brings me up to 20 days. If I don't renew, I work only that one year. Until that year is up, I haven't worked a continuous year, so my 10 days is about right. How would one take vacation after a contract is up, anyway?

Either way, it's not worth arguing for a few extra days because I like my job way more than the public school job I worked before this one for 2 years, and I got 16 days of holiday there. My boss is great, I get the national health and pension that so many hagwon workers don't get, I get plenty of time to do my paperwork and run the occasional errand during off time, have a better schedule than I did at ps, and my boss is flexible with when I take my 10 days of holiday. She's even letting me take my 2 weeks of renewal leave in the summer, because she knows that I take graduate school classes, and can't take my home leave until after the semester ends, even though my contract is up during the semester. I'm treated really well.

She takes, on average, 6-7 days off per year. Now that's dedication.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Thu Feb 09, 2012 8:44 am    Post subject: Reply with quote

There are many Korean workers who work 7 days per week with only 2 weekend days off per month. This comes to 24 days per year which is deemed to meet the labor law requirement.

So, if you have every weekend off, plus red days, plus 2 weeks, you are far beyond the required minimum.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Feb 09, 2012 3:31 pm    Post subject: Reply with quote

ontheway wrote:
There are many Korean workers who work 7 days per week with only 2 weekend days off per month. This comes to 24 days per year which is deemed to meet the labor law requirement.


hmmm.... no.

Labor law stipulates a work week of 40 hours (article 50) and a minimum of 1 day off per week.

In ADDITION the employee is entitled to 15 calendar days of paid annual leave after 1 year of service AND 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) of the article (60).

Employees who have less than 1 year of service are entitled to 1 day of annual paid leave for each month worked provided the worker has offered work without an absence during that month.

Red days, by presidential decree, are not counted as the weekly day off nor are they counted as paid leave under the labor standards act.

So the bottom line:

i) You get red days off with pay.

ii) You are guaranteed a minimum of 1 day off per week and a maximum work week of 40 hours (can be extended up to 52 hours/wk but cannot exceed 520 hours in any 3 month period).

iii) You are also guaranteed (for workers with less than 1 year of service completed) 1 (working) day off with pay per month worked (provided you have not been absent) as your paid annual leave.

Notable exceptions to the law are family members working in the family owned business.

.
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Captain Corea



Joined: 28 Feb 2005
Location: Seoul

PostPosted: Thu Feb 09, 2012 3:43 pm    Post subject: Reply with quote

ontheway wrote:
There are many Korean workers who work 7 days per week with only 2 weekend days off per month. This comes to 24 days per year which is deemed to meet the labor law requirement.

So, if you have every weekend off, plus red days, plus 2 weeks, you are far beyond the required minimum.


Who told you this?
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joelove



Joined: 12 May 2011

PostPosted: Thu Feb 09, 2012 4:01 pm    Post subject: Reply with quote

Wonder if most employers even know the law seeing many do not abide by it, or just choose to say the hell with it; or employees, as not many would demand their fair amount of days off..
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