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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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 Posted: Tue Aug 27, 2013 9:24 pm Post subject: |
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| Porksta wrote: |
| Can you tell me which article of the link you provided talks about the extra five days vacation? Nothing I see talks about vacation at all. |
It is not called vacation, it is called paid leave. Really not hard to find.
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Article 60 (Annual Paid Leave)
(1) Every employer shall grant any worker who has worked not less than 80 percent of one year a paid leave of 15 days. <Amended by Act No. 11270, Feb. 1, 2012>
(2) Every employer shall grant any worker who has continuously worked for less than one year or who has worked less than 80 percentage of one year one paid-leave day for each month during which he/she has continuously worked. <Amended by Act No. 11270, Feb. 1, 2012>
(3) Where an employer grants any worker a paid leave for the latter's first year of work, the former shall grant the latter a paid leave of 15 days, including the paid-leave referred to in paragraph (2), and, if the latter has already taken the paid-leave provided for in paragraph (2), deduct the number of days of such paid-leave from the said 15 days.
(4) Every employer shall grant any worker who has continuously worked for not less than three years paid-leave days that are calculated by adding one day for every two continuously working years not including the first one year to the 15 paid-leave days referred to in paragraph (1). In this case, the total number of paid-leave days, including the additional paid-leave days, shall not exceed 25 days.
(5) Every employer shall grant the paid leave referred to in paragraphs (1) through (4) at the time when a worker files a claim therefor and pay the worker an ordinary wage or an average wage during the period of paid leave as prescribed by the rules of employment, etc.: Provided, That in the event that granting the worker a paid leave at the time when such worker wants to take the paid leave greatly impedes the business operation, the relevant employer may change the time of the paid leave.
(6) In applying paragraphs (1) through (3), any of the following periods shall be deemed the period of attendance at work: <Amended by Act No. 11270, Feb. 1, 2012>
1. Period during which a worker takes time off due to any injury or sickness arising out of duty;
2. Period during which a woman in pregnancy takes time off due to the leave under the provisions of Article 74 (1) through (3).
(7) The paid leave referred to in paragraphs (1) through (4) shall, if it is not taken for one year, be terminated by time limitation: Provided, That the same shall not apply where the paid leave is not taken for reasons attributable to the employer.
Article 61 (Measures to Urge Workers to Take Annual Paid Leave)
Where any worker's paid leave is terminated by time limitation pursuant to the main sentence of Article 60 (7) after the worker fails to take his/her paid leave although the relevant employer has taken the measures falling under each of the following subparagraphs to urge workers to take their respective annual leave pursuant to Article 60 (1), (3) and (4), the relevant employer is not liable to indemnify the worker for his/her failure to take the paid leave and his/her failure to take the paid leave shall be deemed not to fall under the reasons attributable to the employer provided for in the proviso to Article 60 (7): <Amended by Act No. 11270, Feb. 1, 2012>
1. Any employer shall notify in writing every worker of the number of days of his/her paid leave that has not been taken and to urge every worker to notify the former of a period during which he/she intends to take his/her paid leave after deciding on such period within ten days as of six months before the period provided for in the main sentence of Article 60 (7) expires;
2. An employer shall notify in writing any worker who does not take his/her paid leave after setting a period during which the latter may take his/her paid leave by not later than two months before the period provided for in the main sentence of Article 60 (7) expires, in the event that the worker fails to notify the employer of a period during which the former intends to take, in whole or in part, his/her paid leave which has not been taken, within ten days from the date on which he/she is urged to take his/her paid leave, notwithstanding the urge referred to in subparagraph 1.
Article 62 (Substitution of Paid Leave)
An employer may, by a written agreement with the labor representative, get workers to take a paid leave on a particular working day in substitution of an annual paid leave provided for in Article 60. |
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Porksta
Joined: 05 May 2011
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| Posted: Tue Aug 27, 2013 9:38 pm Post subject: |
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| Ah, there we go, thanks. |
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gforce645
Joined: 02 May 2011
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| Posted: Tue Aug 27, 2013 9:52 pm Post subject: |
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When you take off "work days", are those days when school is in session but youre on leave anyway?
Or is taking off "work days" just days during the week when school is closed anyway?
I told my school I'm entitled to X amount of days and I'll take them at end of the semester when classes are finished and my work is completed. I argued that the contract says "work days" off so I should be away during so called days of work.
Am I wrong about this or should I seek holiday time during when school is already off session? |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Thu Aug 29, 2013 7:09 am Post subject: |
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| gforce645 wrote: |
When you take off "work days", are those days when school is in session but youre on leave anyway?
Or is taking off "work days" just days during the week when school is closed anyway?
I told my school I'm entitled to X amount of days and I'll take them at end of the semester when classes are finished and my work is completed. I argued that the contract says "work days" off so I should be away during so called days of work.
Am I wrong about this or should I seek holiday time during when school is already off session? |
When you work for a school (government or hogwan) you should expect to take your vacation time during school holidays. The school needs you when the students are there, so it's reasonable for the school to schedule your vacation.
This is allowed under the Section 5 above:
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(5) Every employer shall grant the paid leave referred to in paragraphs (1) through (4) at the time when a worker files a claim therefor and pay the worker an ordinary wage or an average wage during the period of paid leave as prescribed by the rules of employment, etc.:
Provided, That in the event that granting the worker a paid leave at the time when such worker wants to take the paid leave greatly impedes the business operation, the relevant employer may change the time of the paid leave. |
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Mike410
Joined: 23 Sep 2011
Location: Canada
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| Posted: Fri Aug 30, 2013 6:36 pm Post subject: |
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| Why do most Korean hagwon job ads state 10 days of vacation plus national holidays? Should it not be 15 days vacation plus national holidays? |
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PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
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| Posted: Sun Sep 01, 2013 4:01 am Post subject: |
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| Mike410 wrote: |
| Why do most Korean hagwon job ads state 10 days of vacation plus national holidays? Should it not be 15 days vacation plus national holidays? |
Because they either do not know the regulation or wish to avoid it for business efficiency reasons (ie less holidays vs more working days for their teachers). |
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NYC_Gal 2.0
Joined: 10 Dec 2010
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| Posted: Sun Sep 01, 2013 5:17 am Post subject: |
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| Well, in all fairness, the 2 weeks of renewal leave are usually taken before the end of the contract, which makes it 20 work days leave. It's a loophole. If you don't plan on renewing, however, go for it! |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Sun Sep 01, 2013 5:54 am Post subject: |
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| Mike410 wrote: |
| Why do most Korean hagwon job ads state 10 days of vacation plus national holidays? Should it not be 15 days vacation plus national holidays? |
Perhaps it's because 10 days paid vacation plus the paid national holidays is greater than 15 days of paid leave and article 60 above does not state that paid holidays do not count as days of paid leave. |
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Mike410
Joined: 23 Sep 2011
Location: Canada
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| Posted: Mon Sep 02, 2013 4:02 pm Post subject: |
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| So on job ads, for vacation, what should one look for and what amount is the norm? |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Mon Sep 02, 2013 4:48 pm Post subject: |
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| Mike410 wrote: |
| So on job ads, for vacation, what should one look for and what amount is the norm? |
For hogwans the standard is 5 days in summer and 5 days in winter with the days set by the school to coincide with the students' vacation. It's rare to find more. What to watch out for is schools that count weekends or holidays as vacation days and schools that assign vacation days one at a time throughout the year. Public schools offer more vacation generally. The amount depends on winter and summer camps and the policies of each school set by the principal. |
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