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Vacation time-fight the school???
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Tue Apr 26, 2005 5:16 am    Post subject: Reply with quote

Quote:
OK, any other ideas for a secluded beach vacation to refuel my sanity?
Closer destinations? OUTSIDE OF KOREA??



If it has to be a beach outside Korea, that will limit your choices. There is southern Japan, Saipan and Guam. Maybe Taiwan.

If seclusion is what you are really after, how about a few days at a temple up in the mountains? Or a few days at a nice hotel in a different city here in Korea? Now that the weather is getting better, what about a camping trip in the mountains?

Relaxing on the beach is always nice, but think about a different kind of vacation. For many people, it isn't the relaxation that is important, but the change from routine.
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prosodic



Joined: 21 Jun 2004
Location: ����

PostPosted: Tue Apr 26, 2005 7:24 am    Post subject: Re: Vacation time-fight the school??? Reply with quote

Knappstar wrote:
Hey Guys,

My contract stipulates that I have 10 vacation days. The school chooses 6 of them (Aug 1,2,3..Mon Tues Weds) and Dec. 30, Jan 2nd, Jan 3rd (Fri, Monday Tuesday.) We choose the other 4. My school has been wonderful up until now, but I am pretty pissed about something-they told me that they rarely give more than 2 days in a row off, AND we're not allowed to use any days before or after our vacation period. Therefore, the longest time I will have off during the year is 5 days-hardly long enough to justify a trip to Thailand.

I wasn't going to do this, but I read somewhere that by Korean law, we are allowed one day off per month, or (if unused every month) 10 days a year off. We just recently had a teacher at our school fight and win on a tax issue (the director was taking 5% when he should've been taking 3%) so I know it is possible to take my school on. Should I bother though? Will this hold up? I don't want to be in the doghouse for naught.

Thanx

Andy


what you are referring to are Articles 57 and 59 of the Labor Standards Act. Article 57 states that you get one day per month and article 59 states that you get ten days per year. Most hagwon contracts are illegal because they acknowledge only article 59 and ignore article 57. You should go to the Labor board for article 57, but only at the end of your contract. The hagwon has until the end of your contract to fulfill legal obligations, so they will simply be able to say that they have not violated Korean law because there is still time available for you to take the time off. At the end of contract, you obviously can not get time off, but you can get equivalent cash compensation.

Of course, legal action should be avoided if possible.

Regarding your beef about being able to take time off when you want to, that's completely ridiculous. You're a teacher. Teachers take time off according to the class calendar.

This simply isn't a fight worth fighting.
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prosodic



Joined: 21 Jun 2004
Location: ����

PostPosted: Tue Apr 26, 2005 7:31 am    Post subject: Reply with quote

the eye wrote:
sundays qualify for the required 1 day off per month.


Sundays, or Saturdays, qualify for the required 1 day off per WEEK according to article 54 of the Labor Standards Act, if you are SALARIED. The 1 day off per MONTH is article 57 and is a separate issue.
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prosodic



Joined: 21 Jun 2004
Location: ����

PostPosted: Tue Apr 26, 2005 7:36 am    Post subject: Reply with quote

Beyond what I said earlier about teachers taking time off according to the class schedule (which is true), it should also be noted that employers in Korea have the legal right to dictate when you can take your paid leave. If business needs require that you cannot take your paid leave at all, then all the law requires is that they provide equivalent cash compensation. In other words, if the class schedule means that they cannot spare you at all, then all they have to do is provide you with an extra paycheck for the number of days vacation that you were unable to take times your average daily salary.
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the eye



Joined: 29 Jan 2004

PostPosted: Tue Apr 26, 2005 8:37 am    Post subject: Reply with quote

prosodic wrote:
the eye wrote:
sundays qualify for the required 1 day off per month.


Sundays, or Saturdays, qualify for the required 1 day off per WEEK according to article 54 of the Labor Standards Act, if you are SALARIED. The 1 day off per MONTH is article 57 and is a separate issue.



link please?

i couldn't find anything that said holidays and/or sundays didn't qualify on the MOLAB site.
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prosodic



Joined: 21 Jun 2004
Location: ����

PostPosted: Tue Apr 26, 2005 6:26 pm    Post subject: Reply with quote

the eye wrote:
prosodic wrote:
the eye wrote:
sundays qualify for the required 1 day off per month.


Sundays, or Saturdays, qualify for the required 1 day off per WEEK according to article 54 of the Labor Standards Act, if you are SALARIED. The 1 day off per MONTH is article 57 and is a separate issue.



link please?

i couldn't find anything that said holidays and/or sundays didn't qualify on the MOLAB site.


Sundays do qualify, but they qualify for article 54, the weekly paid day off. What I was correcting was your confusion between articles 54 and 57. The OP is talking about the monthly day off, which is article 57 of the Labor Standards Act. But sundays qualify for article 54 only if you are salaried or actually paid an hourly rate for the day.

I have personally won legal suits regarding article 54, the weekly day off. I know somebody who won a suit regarding articles 57 (monthly leave) and 59 (the annual leave) just two weeks ago.

Not everything is on the web. Call the MOL if you don't believe me.
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Knappstar



Joined: 05 Jan 2005

PostPosted: Wed Apr 27, 2005 1:56 am    Post subject: Reply with quote

OK,
So, now my question is this:
I DEFINITELY want to get out of the country for 5 days in either june or august. However, Japan and many of the pacific islands (Marianas/Guam/Saipan) are insanely pricey for accomadation/etc. Can anyone think of someplace that is LESS than a 5 hour flight with a tropical atmosphere? Does China have something similar to florida in the us?

Thanx

Andy
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prosodic



Joined: 21 Jun 2004
Location: ����

PostPosted: Wed Apr 27, 2005 5:37 am    Post subject: Reply with quote

Ok, now this is just getting annoying. Please move this question to the off-topic, general discussion, or q/a forum. This isn't really a job related discussion anymore.
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