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Korean Job Discussion Forums
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SeoulNate
Joined: 04 Jun 2010
Location: Hyehwa
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 Posted: Thu Feb 09, 2012 9:48 pm Post subject: Re: NO VACATION? |
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| ttompatz wrote: |
| 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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I have talked to a few lawyers about this in passing and they always say that if you are only working 5 days a week and have Saturdays off you will never win this fight in court since you technically have 52 days off a year from Saturdays.
They always point to the fact that the law only stipulates that regular workers have Sunday off, not Saturday, and even though the another point mentions having 15 'working days' off a year, the first supersedes the second.
I suppose it is a pretty crappy technicality, but it is what it is. |
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pegasus64128
Joined: 20 Aug 2011
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| Posted: Thu Feb 09, 2012 10:59 pm Post subject: Re: NO VACATION? |
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| 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? |
yeah it's sad that people accept that now. There seems to be a proliferation of generation 'bend over'. I met a nice looking girl in my area -, 1-year diploma in education, bachelors, mid-west accent and works in a hagwon for no holidays, bar chuseok.
It's very sad. The industrious, pioneer days when foreigners set off to Asia and negotiated 10% of profits for salary, holidays, office hours are gone - partially due to changing economics and partially due to people just not having any standards any more. They just don't seem to understand that we're slowly returning to slavery ..
It was inevitable I suppose with the rise of mediocrity in power, and no trade unions in places like Korea etc.
The bottom line is that Korea is not really the place of opportunity anymore as has been touched on in many other threads. It's a gravy-train to pay off debts now, and there's no shortage of ignorant people who are ridden with debt these days. |
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motiontodismiss
Joined: 18 Dec 2011
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| Posted: Fri Feb 10, 2012 5:28 am Post subject: |
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| Korea does have unions. Hyundai's union, for example, goes on strike whenever they're bored. Bank unions are pretty powerful too from what I've heard. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Fri Feb 10, 2012 9:31 am Post subject: |
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| Captain Corea wrote: |
| 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? |
I know many such individuals personally - low paid shop employees - and it's the standard working arrangement for hundreds of thousands of Koreans. |
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