View previous topic :: View next topic |
Author |
Message |
humanuspneumos
Joined: 08 Jun 2003
|
Posted: Fri Jun 27, 2003 12:29 pm Post subject: Labor Laws vs. Immigration? "Illegal" Teachers |
|
|
The last time I checked- Korean Labor laws demand that all work that is done is to be paid for- whether or not the worker has a visa. Also- I recall reading some sites for labor laws in Korea where the "illegal" worker is encouraged to hold-fast to not leaving the country before they are paid.
In my mind- and this is likely not much for logic- it becomes a "legally paid labor" vs. "illegal teacher" situation. Perhaps the law was made to discourage employers from thinking that they can get freebies left-right-and-center. Still- the outcome is that the work is given a kind of governmental stamp of approval as deserving the legal benefit of pay.
So- all this scolding of "illegal" teachers assumes the curse of the law regarding "residence/validity of being in Korea" and on the other hand there's the "blessing of the law" that blesses the actual work that's being done and under the high-courts of Labor Law (a man is worth his wages no matter what his visa status is). The one takes presidence over the other. The fact that one is "illegal" visa-wise doesn't supercede the code of law regarding valuable work and rightful wages for it.
Also- the attitudes of Korean citizens (who are supposed to have say over law in a real democracy) are living within out-dated laws in that many persons demand/require/enjoy the ease of having "illegal" tutors/teachers. The people- to a certain degree have spoken. This attitude goes from the top all the way into the pews of Korean churches who have the Native English Speaker read this and that (whether or not they believe it- heee heee) and give them a little bonus for the service. (I knew a guy in Jeju who did that)
Perhaps none of this works out well in the wash- when the teacher/worker demands pay. However, there is still a legal blessing demanding pay for work done suggesting that on one level the work is Oky-doky.
Question: Oky-doky or not Oky-doky?
The Labor Board of Korea seems to give her blessing on all that "illegal" work. We can't say it's driving the economy down. If anything- much of it is the driver behind the pump. |
|
Back to top |
|
 |
Morning Calm

Joined: 28 Jan 2003
|
Posted: Sun Jun 29, 2003 8:53 pm Post subject: |
|
|
The principal of Korean Ministry of Labor is to protect the rights of the employee, whereas the Korean Ministry of Justice (Immigration) basically protects the right of the employer. Please don't take this comment out of context but realize that a nation as a whole must protect it's domestic economy but insuring that money stays within the country, while at the same time, maintaining working human rights at par. |
|
Back to top |
|
 |
jamesH
Joined: 22 Jan 2003
|
Posted: Mon Jun 30, 2003 1:41 pm Post subject: |
|
|
I noticed in the Herald last week some lawyer saying the Labor Act was very vague!!!! Now I wonder why that is?? |
|
Back to top |
|
 |
humanuspneumos
Joined: 08 Jun 2003
|
Posted: Mon Jun 30, 2003 2:18 pm Post subject: Hmmmmmmmmmmmm |
|
|
Me thinx- perhaps- to make the scale tip in favor of someone: Guess who? Or from my neck of the woods where the lawyer's bread and butter sits so too does the lawyer sit. Convenient to claim ambiguity. I know workers rarely put money in the the lawyer's pockets. |
|
Back to top |
|
 |
Morning Calm

Joined: 28 Jan 2003
|
Posted: Mon Jun 30, 2003 8:08 pm Post subject: |
|
|
jamesH wrote: |
I noticed in the Herald last week some lawyer saying the Labor Act was very vague!!!! Now I wonder why that is?? |
basically, it's the same thing as your contract should be. Vagueness gives both parties the freedom of coming to a mutual agreement in a legal way here in Korea.
if you have everything spelt out, it creates more complications which requires more clauses and addendums to the rule.....then you need lawyers.
also, if you've noticed, good contractrs are also a bit vauge. things like this are bad for example: If employee is late 15 mins, 3 times during the duration of the contract, employer has the right to release employee.
There could be all sorts of excuses especially if you have sick day clauses and other things which require you to be at the school at a set time that may or maynot overlap other things that the contract stipulates. |
|
Back to top |
|
 |
|