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jstrain
Joined: 03 May 2006
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 Posted: Sat Jun 24, 2006 1:51 am Post subject: Labor Laws |
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| Does the Korean Standards Act apply to hagwons with under 5 employees? I'm particularly interested in Article 2 which states these laws supersede the contract, Article 55, night hours. 10:00 P.M. - 6:00 A.M. is overtime. and overtime is regular pay plus more than 50% of such pay. If these laws apply, are they enforcable by the labor board? I had a Korean friend call the pension office. They informed her that my boss has not signed up and that it is required by law. However they have no power to make him sign up. Is this because it's a new law and they're giving a grace period? Or that it doesn't apply to under 5 employees? I want to take my boss to task, but if there is no inforcement I'll be only creating a hostile environment. |
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alabamaman
Joined: 25 Apr 2006
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| Posted: Sat Jun 24, 2006 2:29 am Post subject: Re: Labor Laws |
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| jstrain wrote: |
| Does the Korean Standards Act apply to hagwons with under 5 employees? I'm particularly interested in Article 2 which states these laws supersede the contract, Article 55, night hours. 10:00 P.M. - 6:00 A.M. is overtime. and overtime is regular pay plus more than 50% of such pay. If these laws apply, are they enforcable by the labor board? I had a Korean friend call the pension office. They informed her that my boss has not signed up and that it is required by law. However they have no power to make him sign up. Is this because it's a new law and they're giving a grace period? Or that it doesn't apply to under 5 employees? I want to take my boss to task, but if there is no inforcement I'll be only creating a hostile environment. |
Laws applied for a business or workplace which ordinarily
employs fewer than 4 workers (Article 1-2)
http://www.molab.go.kr:8001/download/_20051220144604961.pdf
Your going to have to give more details behind Article 55. Are you not getting paid overtime?
I would talk to him, but be tactful about it. You could arrange a time when there are no students at the school. Some employers love to create a big scene when there are other people at the school. Having said that, I don't know what your relationship is like with your boss.
Last edited by alabamaman on Sat Jun 24, 2006 2:57 am; edited 2 times in total |
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jstrain
Joined: 03 May 2006
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| Posted: Sat Jun 24, 2006 2:50 am Post subject: |
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| Thanks. Will the labor board enforce these laws? I was real disappoined with the pension offices response regarding enforcement. |
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Gord
Joined: 25 Feb 2003
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| Posted: Sat Jun 24, 2006 2:51 pm Post subject: |
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| Article 55 requires a number of secondary factors to be met. The one that is most likely to rerail your plan would be that it doesn't come into play until you've worked 44 hours during the week. |
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jstrain
Joined: 03 May 2006
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| Posted: Sun Jun 25, 2006 3:58 am Post subject: |
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| Night work from 10:00 P.M. to 6:00 A.M. as well as Sunday work is overtime according to Article 55. I didn't know this until recently. My boss has always schedule for native speakers to get off at 10:00P.M and he would take a double class 10:00 to 11:00. Then he slowly had us take over the 10:00 to 11:00 class. First one day a week, now it's 5 days a week. And we are not paid overtime. |
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Gord
Joined: 25 Feb 2003
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| Posted: Sun Jun 25, 2006 11:17 am Post subject: |
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| jstrain wrote: |
| Night work from 10:00 P.M. to 6:00 A.M. as well as Sunday work is overtime according to Article 55. I didn't know this until recently. |
It's a single qualification. Others must be met as well such as working more than 44 hours during the course of a week or more than 12 hours in a single day without additional time being given off (for example). The section lists what other sections must be met before it takes effect.
Otherwise any job that starts at 9pm and ends at 1am (a four hour shift) would have three hours of "overtime" which is quite silly. |
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