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Bongotruck
Joined: 19 Mar 2015
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 Posted: Sun Jun 07, 2015 6:37 pm Post subject: MERS closing: paid or unpaid leave? |
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As this is a hot issue right now, many schools and even some academies are closing due to MERS paranoia.
It begs a question: Is this paid or unpaid leave, if there is a forced closure?
I am guessing public schools are still paid but most, if not all hagwons will try to not pay their employees. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Jun 07, 2015 7:29 pm Post subject: Re: MERS closing: paid or unpaid leave? |
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| Bongotruck wrote: |
As this is a hot issue right now, many schools and even some academies are closing due to MERS paranoia.
It begs a question: Is this paid or unpaid leave, if there is a forced closure?
I am guessing public schools are still paid but most, if not all hagwons will try to not pay their employees. |
If you are an hourly rate employee then they are NOT required to pay you curing a closure of this kind (special exclusion under the labor laws).
If you are a salaried employee then they need to pay you during the closure but they can also require you to make up the "missed classes" or call this part of your "annual vacation".
You MIGHT be able to fight it out at the labor board but odd are NOT in your favor for a successful outcome.
Article 46 sub (2) of the labor standards act might be successfully used by an employer as a defense.
Article 46 (Allowances during Business Suspension)
(1) If business is suspended for reasons attributable to an
employer, the employer shall pay a worker allowances equivalent
to seventy percent or more of the average wages during the
period of suspension. If the amount equivalent to seventy
percent or more of the average wages exceeds the ordinary
wages, the ordinary wages may be paid as allowances during
the business suspension.
(2) Notwithstanding the provisions of paragraph (1), an
employer who is unable to continue business for unavoidable
reasons may, upon approval of the Labor Relations Commission,
pay allowances for the suspension of business in the amount
lower than the standards stipulated in paragraph (1).
An employer could also argue that the time off and closure is part of your "annual paid leave" (articles 60-62) and there would be no counter argument.
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Porksta
Joined: 05 May 2011
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| Posted: Sun Jun 07, 2015 8:25 pm Post subject: |
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| I know hagwons do it, but is a business actually allowed to mandate when you take your vacation? |
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matthews_world
Joined: 15 Feb 2003
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| Posted: Sun Jun 07, 2015 8:42 pm Post subject: |
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It's forced closure. Hagwons won't pay you for free.
They'll count this as part of vacation time.
Take a vacation while you can. Risk being fired if they decide to re-open and you're off gallivanting somewhere. |
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Porksta
Joined: 05 May 2011
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| Posted: Sun Jun 07, 2015 9:00 pm Post subject: |
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| I'm not saying they can't do a forced closure, I am asking if they can allocate when you take your vacation days. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Jun 07, 2015 9:50 pm Post subject: |
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| Porksta wrote: |
| I'm not saying they can't do a forced closure, I am asking if they can allocate when you take your vacation days. |
Yes, as do government schools (just try to take a 2 week vacation break in November and see what happens) and most other businesses.
The law says that you are entitled to 1 day of paid annual leave per month of work completed for those who have worked less than 1 year and 15 calendar days for those who have been employed for more than 1 year.
The law does NOT stipulate how or when it must be taken nor does it require that your days be taken consecutively.
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Mon Jun 08, 2015 1:41 am Post subject: Re: MERS closing: paid or unpaid leave? |
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| ttompatz wrote: |
| Bongotruck wrote: |
As this is a hot issue right now, many schools and even some academies are closing due to MERS paranoia.
It begs a question: Is this paid or unpaid leave, if there is a forced closure?
I am guessing public schools are still paid but most, if not all hagwons will try to not pay their employees. |
If you are an hourly rate employee then they are NOT required to pay you curing a closure of this kind (special exclusion under the labor laws).
If you are a salaried employee then they need to pay you during the closure but they can also require you to make up the "missed classes" or call this part of your "annual vacation".
You MIGHT be able to fight it out at the labor board but odd are NOT in your favor for a successful outcome.
Article 46 sub (2) of the labor standards act might be successfully used by an employer as a defense.
Article 46 (Allowances during Business Suspension)
(1) If business is suspended for reasons attributable to an
employer, the employer shall pay a worker allowances equivalent
to seventy percent or more of the average wages during the
period of suspension. If the amount equivalent to seventy
percent or more of the average wages exceeds the ordinary
wages, the ordinary wages may be paid as allowances during
the business suspension.
(2) Notwithstanding the provisions of paragraph (1), an
employer who is unable to continue business for unavoidable
reasons may, upon approval of the Labor Relations Commission,
pay allowances for the suspension of business in the amount
lower than the standards stipulated in paragraph (1).
An employer could also argue that the time off and closure is part of your "annual paid leave" (articles 60-62) and there would be no counter argument.
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For them to use this argument to dock your pay, they would have to get prior approval. Very few hogwon owners are organised enough to do this. Whether or not they would get approval is another thing but it's definitely possible.
Still, they CAN count them as part of your annual paid leave - your vacation days. If you have already used up your holidays, the school is SOL because they can't force you to take unpaid vacation days. |
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Kwangjuchicken
Joined: 01 Sep 2003
Location: I was abducted by aliens on my way to Korea and forced to be an EFL teacher on this crazy planet.
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| Posted: Mon Jun 08, 2015 2:05 am Post subject: |
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Chickens can't catch MERS.  |
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Scorpion
Joined: 15 Apr 2012
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| Posted: Mon Jun 08, 2015 6:23 pm Post subject: Re: MERS closing: paid or unpaid leave? |
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| ttompatz wrote: |
You MIGHT be able to fight it out at the labor board but odd are NOT in your favor for a successful outcome.
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Do Labor Board rulings that go in the employee's favor even have any teeth? Can we consider them "actionable" in the sense that we can make considered decisions based on their rulings? Or can our employers safely ignore the ruling?...This after all being Korea. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Jun 08, 2015 7:05 pm Post subject: Re: MERS closing: paid or unpaid leave? |
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| Scorpion wrote: |
| ttompatz wrote: |
You MIGHT be able to fight it out at the labor board but odd are NOT in your favor for a successful outcome.
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Do Labor Board rulings that go in the employee's favor even have any teeth? Can we consider them "actionable" in the sense that we can make considered decisions based on their rulings? Or can our employers safely ignore the ruling?...This after all being Korea. |
If they ignore a ruling then you can sue (and will win) in a civil action for collection of the award.
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Scorpion
Joined: 15 Apr 2012
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| Posted: Mon Jun 08, 2015 7:35 pm Post subject: |
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Ttompatz, what exactly are we describing when we say a Labor Board "ruling"? They have a website where you can post your complaint and they will give their ruling on the matter. Is that considered a legal "ruling" or is it just some employee's (hopefully informed) opinion on the matter which might hold little weight in court? Can we take those rulings to the bank?
Cheers. |
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Coltronator
Joined: 04 Dec 2013
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| Posted: Tue Jun 09, 2015 1:34 am Post subject: |
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No. You need to have scheduled meeting with all parties involved at the labour office.
Also do not just quickly accept the ruling. If they come down against you or imply they will and you are sure that you are in the right (the sure part is important) push for a deeper look. Don't let the employer rush/gloss over details that can/will make a difference. Bring your own trusted translator who you have explained the full situation to and what you want before the meeting. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Jun 09, 2015 3:35 am Post subject: |
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| Scorpion wrote: |
Ttompatz, what exactly are we describing when we say a Labor Board "ruling"? They have a website where you can post your complaint and they will give their ruling on the matter. Is that considered a legal "ruling" or is it just some employee's (hopefully informed) opinion on the matter which might hold little weight in court? Can we take those rulings to the bank?
Cheers. |
To obtain a "ruling" you file a formal complaint at the local labor board office.
They will talk to the employer to try to negotiate a settlement or show the employer the error of his ways if he is found to be in contravention of the labor acts.
If that fails they will proceed to a tribunal and make a ruling.
They can order payment/settlement or proceed to a criminal matter against the employer.
The details are in the enforcement sections of the labor acts.
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drcrazy
Joined: 19 Feb 2003
Location: Pusan. Yes, that's right. Pusan NOT Busan. I ain't never been to no place called Busan
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| Posted: Fri Jun 12, 2015 3:43 am Post subject: |
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I went to the hospital today (as I do every 2 months) to get my meds. refilled. Before I could enter a nurse took my temperature. She said, "You are normal".  |
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matesol
Joined: 23 Jan 2003
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| Posted: Sun Jun 14, 2015 5:15 am Post subject: Hot water and Soap! |
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| Maybe Korea could start by getting Hot water and Soap in all public bathrooms so people could wash their hands properly! |
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