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wylde
Joined: 14 Apr 2003
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 Posted: Sun Jul 04, 2004 7:46 pm Post subject: holidays... |
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i just saw this on efllaw...
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| The Employer must give one day of paid leave per month (which can be accumulated, to be used at one time or used on separate occasions within a period of one year) and also an additional ten days of paid leave per year to a worker who has worked without an absence throughout a full year and eight days to a worker has 90% of above percentage of attendance during one year. This right is forfeited if the Employee does not use the paid leaves within one year from the date of accrual of the right to use the leave. |
how many of you guys aren't getting the correct holidays?
i am in a hurry at the moment but, it seems that the paid vacation days for somebody who never had a day off should total 22
am i on drugs or does it actually say this? |
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Eazy_E
Joined: 30 Oct 2003
Location: British Columbia, Canada
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| Posted: Sun Jul 04, 2004 7:57 pm Post subject: |
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That's news to me. I have eight paid vacation days in my contract. I haven't taken a sick day and my contract is six weeks from the end.
I work at a school where I am the only foreigner, and also it's in a remote part of Kyunggi-Do where they would have difficulty finding a replacement if I went on holidays. For all intents and purposes, I can't take my holidays but I don't care because I chose to take the money as compensation instead.
My employers have always been honest and up-front with me but I wonder whether it's worth confronting them with this now. I work for a chain school and the contracts are probably made by a central office for all the schools in the chain. Hmmm.... |
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prosodic
Joined: 21 Jun 2004
Location: ����
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| Posted: Sun Jul 04, 2004 8:01 pm Post subject: Re: holidays... |
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| wylde wrote: |
| am i on drugs or does it actually say this? |
I'm willing to bet that both are true.  |
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oneiros
Joined: 19 Aug 2003
Location: Villa Straylight
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| Posted: Sun Jul 04, 2004 8:05 pm Post subject: |
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| If you signed a contract that specifically states how many holidays you get, you probably signed away your rights. I don't know for sure how Korean labour law works that way, though. EFL-Law guy would know for sure. |
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Toby
Joined: 15 Jan 2003
Location: Wedded Bliss
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| Posted: Sun Jul 04, 2004 8:16 pm Post subject: Re: holidays... |
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| wylde wrote: |
i just saw this on efllaw...
| Quote: |
| The Employer must give one day of paid leave per month (which can be accumulated, to be used at one time or used on separate occasions within a period of one year) and also an additional ten days of paid leave per year to a worker who has worked without an absence throughout a full year and eight days to a worker has 90% of above percentage of attendance during one year. This right is forfeited if the Employee does not use the paid leaves within one year from the date of accrual of the right to use the leave. |
? |
Some places do recognise about not taking any extra days off through the year for sick dys, and that will be in the contract at the beginning. It is something that employers don't want to make public, for obvious reasons and therefore hope that the foreigners don't know about it.
If you question them about it, they always come up with various excuses. I was owed by my last school - I din't miss a day. And this school too. Now in my second year a\with something in the contract stipulating that I got two days vacation or two days money. Didn't see either.
Depends on the employer and it depends on the location. But. 90% of the time you know they are going to screw you for all that they can, even if they do do it nicely. |
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wylde
Joined: 14 Apr 2003
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| Posted: Sun Jul 04, 2004 8:27 pm Post subject: |
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i am busy at the moment... but the contract is just a piece of paper... law is law..
it is very interesting and i would like to go into this further when i get some time...
it was on efllaws' page under contracts |
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oneiros
Joined: 19 Aug 2003
Location: Villa Straylight
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| Posted: Sun Jul 04, 2004 8:33 pm Post subject: |
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| wylde wrote: |
i am busy at the moment... but the contract is just a piece of paper... law is law..
it is very interesting and i would like to go into this further when i get some time...
it was on efllaws' page under contracts |
Yes, but it's possible to sign away your legal rights under a contract. |
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kangnamdragon
Joined: 17 Jan 2003
Location: Kangnam, Seoul, Korea
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| Posted: Sun Jul 04, 2004 8:35 pm Post subject: |
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All those Saturdays you have off are legally considered those holidays.
As the law has changed from July 1, I am not sure how the new law will affect hagwons.
Last edited by kangnamdragon on Sun Jul 04, 2004 8:36 pm; edited 1 time in total |
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wylde
Joined: 14 Apr 2003
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| Posted: Sun Jul 04, 2004 8:35 pm Post subject: |
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| oneiros wrote: |
| wylde wrote: |
i am busy at the moment... but the contract is just a piece of paper... law is law..
it is very interesting and i would like to go into this further when i get some time...
it was on efllaws' page under contracts |
Yes, but it's possible to sign away your legal rights under a contract. |
i don't think it is in korea... been a while since i was looking into these things but as far as i was concerned... law outweighs contracts...
maybe like... i signed a contract that said it was ok to kill my co-workers.. so then the law has no effect? |
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wylde
Joined: 14 Apr 2003
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| Posted: Sun Jul 04, 2004 8:36 pm Post subject: |
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| kangnamdragon wrote: |
All those Saturdays you have off are legally considered those holidays.
As the law has changed from July 1, I am not sure how the new law will affect hagwons. |
are those saturdays considers 'paid'? |
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kangnamdragon
Joined: 17 Jan 2003
Location: Kangnam, Seoul, Korea
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| Posted: Sun Jul 04, 2004 8:38 pm Post subject: |
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| wylde wrote: |
| kangnamdragon wrote: |
All those Saturdays you have off are legally considered those holidays.
As the law has changed from July 1, I am not sure how the new law will affect hagwons. |
are those saturdays considers 'paid'? |
Yes, because you are on a monthly salary. |
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oneiros
Joined: 19 Aug 2003
Location: Villa Straylight
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| Posted: Sun Jul 04, 2004 8:43 pm Post subject: |
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| wylde wrote: |
| oneiros wrote: |
| wylde wrote: |
i am busy at the moment... but the contract is just a piece of paper... law is law..
it is very interesting and i would like to go into this further when i get some time...
it was on efllaws' page under contracts |
Yes, but it's possible to sign away your legal rights under a contract. |
i don't think it is in korea... been a while since i was looking into these things but as far as i was concerned... law outweighs contracts...
maybe like... i signed a contract that said it was ok to kill my co-workers.. so then the law has no effect? |
Most countries won't enforce a contract that's patently immoral. Killing your co-workers would fall under that.
I'm thinking more along the lines of things like pre-nuptial agreements. I legally have the right to a certain percentage of marital property. If I sign a pre-nup, I waive that right.
But, like I said, I'm not sure how Korean labour law works in this regard. I guess what I'm saying is, it's worth a try, but don't be too disappointed if it doesn't work.  |
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wylde
Joined: 14 Apr 2003
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| Posted: Sun Jul 04, 2004 8:44 pm Post subject: |
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| kangnamdragon wrote: |
| wylde wrote: |
| kangnamdragon wrote: |
All those Saturdays you have off are legally considered those holidays.
As the law has changed from July 1, I am not sure how the new law will affect hagwons. |
are those saturdays considers 'paid'? |
Yes, because you are on a monthly salary. |
dunno bout you there kd... but my salary depends on how many classes i teach...
it also says 5 days a week...
that would mean 4 holidays every month which is different to what the above quote suggests |
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kangnamdragon
Joined: 17 Jan 2003
Location: Kangnam, Seoul, Korea
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| Posted: Sun Jul 04, 2004 8:53 pm Post subject: |
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| wylde wrote: |
| kangnamdragon wrote: |
| wylde wrote: |
| kangnamdragon wrote: |
All those Saturdays you have off are legally considered those holidays.
As the law has changed from July 1, I am not sure how the new law will affect hagwons. |
are those saturdays considers 'paid'? |
Yes, because you are on a monthly salary. |
dunno bout you there kd... but my salary depends on how many classes i teach...
it also says 5 days a week...
that would mean 4 holidays every month which is different to what the above quote suggests |
Let's say your salary is 2 million? If the school gives you only one class to teach per day you still get the 2 million, don't you? Salary is not based on the number of classes you teach, overtime is.
Even if your contract says M-F, according to Korean law the workweek is still M-Sat. for companies with less than 1000 employees. Therefore, legally you are getting another 52 holidays.
BTW...your pervious note that Korean law supercedes the contract is correct. I have worked with international contracts and Korean law supercedes all contracts if the company is a Korean company. |
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prairieboy
Joined: 14 Sep 2003
Location: The batcave.
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| Posted: Mon Jul 05, 2004 5:27 am Post subject: |
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I think there's another thread already on this subject. I do remember reading many posts on this same subject back in January or February.
http://www.eslcafe.com/forums/korea/viewtopic.php?t=13994&highlight=holidays+vacation
Try this one on for size. I'm sure there will be some changes in light of the current situation but this thread pretty much explains the ins and outs of vacation time and holidays.
Cheers |
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