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Lost Seoul

Joined: 10 Jan 2003
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Posted: Sat Mar 13, 2004 12:23 am Post subject: Re: Sick days. What is the law? |
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| Gord wrote: |
| Lost Seoul wrote: |
Correct you are not entitled to five days you are entitled to more.
Korean Labor Standards Act
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Article 59 (Annual Paid Leave)
(1) An employer shall grant 10 days' leaves with pay to those who have offered work without an absence throughout a year and 8 days' leaves with pay to those who have registered more than 90 percent of attendance during one year.
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Getting the law enforced however is another matter entirely. |
That has nothing to do with being sick, as section 4 of Article 59 clearly states that being sick does not count towards those 10 absent days.
(4) The period of suspension of work resulting from occupational injury or disease of a worker and the period of suspension of work before and after childbirth for a female worker in accordance with Article 72 shall be regarded as equivalent to the period of work without suspension in application of paragraph (1).
I've bolded up the parts that should be read as one single sentence. |
I never claimed that it did. This is the specific part of Toby's question that you were responding to.
| Gord wrote: |
Toby wrote:
But. Am I right in thinking that it is Korean law that if you do not take any time off sick through the year, you are entitled to either 5 days vacation or the money in lieu?
No.
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Toby was asking you in this paragraph that if he was NOT off sick all year is he entitled by law to a certain number of days vacation throughout the year. The answer is no he is not entitled to five he is entitled to ten. |
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Gord

Joined: 25 Feb 2003
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Posted: Sat Mar 13, 2004 6:19 am Post subject: Re: Sick days. What is the law? |
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| Lost Seoul wrote: |
I never claimed that it did. This is the specific part of Toby's question that you were responding to.
| Gord wrote: |
Toby wrote:
But. Am I right in thinking that it is Korean law that if you do not take any time off sick through the year, you are entitled to either 5 days vacation or the money in lieu?
No.
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Toby was asking you in this paragraph that if he was NOT off sick all year is he entitled by law to a certain number of days vacation throughout the year. The answer is no he is not entitled to five he is entitled to ten. |
Sick days are irrelevant to the discussion about bonus vacation time, which the law clearly states as I have already quoted. The very law you've quoted quite clearly states that sick days counted as days worked with regards to the bonus vacation time, so hypothetically a person could be sick the entire year and still earn the bonus vacation time.
What eats away at that bonus is things like not showing up for work in the morning because a person slept in, or they have to take an afternoon off to head to Immigration to process thair ARC card. |
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paperbag princess

Joined: 07 Mar 2004 Location: veggie hell
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Posted: Sat Mar 13, 2004 11:42 pm Post subject: ... |
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"In hagwons sick days exist in name only. If you actually try to take them you're frowned upon as a lazy, irresponsible waygook who doesn't understand how things work here. "
so true. one of my colleagues gets migranes and she came to school with one one day. so the jonwon accused her of going out the night before when he looked at her. after she explained she had a migrane, the first thing he said wasn't, "i hope you feel better", it was, "you can't go home". she went to her class gave the kids colouring and every five minutes the jonwon came in and reiterated that she couldn't go home. evenutally the pain was so bad that she started crying, then all her kids comforted her and finally the jonwon (who was watching her class on the tvs in his office)let her go home, but only for the morning.
her then preceded to call her at her house every ten minutes to make sure she was coming in for the afternoon. |
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Skippy

Joined: 18 Jan 2003 Location: Daejeon
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Posted: Sun Mar 14, 2004 12:21 am Post subject: |
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We all have tales of Stupid Bosses or Evil Bosses and Sick Days.
One of mine.
My school got a new vice-director (VD - ). Simply put a head teacher. A new wayguk teacher was curious about sick days because she was getting sick quite often. Anyway the VD said she was the first foreign person who was sick. True VD was new at being VD but she was a normal teacher for over 5 years. And it was only about three months after some other wayguk teachers left and one of them missed about a week of school due to an emergency gall bladder surgery. What foreigners do not get sick! What the heck are you blind and dumb! The women went to the hospital all the teachers - korean and waygook where talking about it. Boy this women was a dolt.
Another one.
My GF got sick and I commented to my boss that she was sick. He told me to not to visit her. What! My GF is in pain and wants some comfort and I should avoid her. Not nice I ignored him. In a sense I understand you should not hangout with a sick person. But if I should avoid sick people - I should not be teaching children. I mean everyday I can at least point to one or two children coughing, wheeezing, sneezing, dribbling snot on the desk and just basically being little typhoid Marys.
When it comes to sick days and koreans. They like to slog through work sick. Generally I agree a bit - most of the time if I have a basic fever or cold - just work your way through the day. Keep it easy, play some games. Even give you manager a heads up that you are not at your best today.
Still my dream is to be forced to come to work when I am sick. And then in Mid class let loose a torrent of vomit onto one student - hopefully one I do not like. And then it cascades from there. I think the school would listen next time I ask for a sick day.
I think the only time the school does not want yor to come in is if your sickness is visible and discusting. I am talking like pus filled boils, scars, missing fingers, bleeding from your eyes. Even then I think they will still want you to work.
Some general advice people. If you are sick - go to the doctor - and get a signed doctors note. A signed doctors note will mean your are actually sick and not hung over. Keep all your notes. If your school tries and fires you for being sick. Those are proof you can take to the Labour Board.
Skippy the Sick Bastard  |
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Lost Seoul

Joined: 10 Jan 2003
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Posted: Sun Mar 14, 2004 5:35 am Post subject: Re: Sick days. What is the law? |
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| Gord wrote: |
| Lost Seoul wrote: |
I never claimed that it did. This is the specific part of Toby's question that you were responding to.
| Gord wrote: |
Toby wrote:
But. Am I right in thinking that it is Korean law that if you do not take any time off sick through the year, you are entitled to either 5 days vacation or the money in lieu?
No.
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Toby was asking you in this paragraph that if he was NOT off sick all year is he entitled by law to a certain number of days vacation throughout the year. The answer is no he is not entitled to five he is entitled to ten. |
Sick days are irrelevant to the discussion about bonus vacation time, which the law clearly states as I have already quoted. The very law you've quoted quite clearly states that sick days counted as days worked with regards to the bonus vacation time, so hypothetically a person could be sick the entire year and still earn the bonus vacation time.
What eats away at that bonus is things like not showing up for work in the morning because a person slept in, or they have to take an afternoon off to head to Immigration to process thair ARC card. |
Initially you did not go into this detail, you were just making it sound like Toby could work all year and not be entitled to any bonus vacation time at all.
| Gord wrote: |
| Toby wrote: |
| But. Am I right in thinking that it is Korean law that if you do not take any time off sick through the year, you are entitled to either 5 days vacation or the money in lieu? |
No. |
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just because

Joined: 01 Aug 2003 Location: Changwon - 4964
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Posted: Sun Mar 14, 2004 7:27 am Post subject: |
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| Skippy wrote: |
| Still my dream is to be forced to come to work when I am sick. And then in Mid class let loose a torrent of vomit onto one student - hopefully one I do not like. And then it cascades from there. I think the school would listen next time I ask for a sick day |
One day i came to work during the world cup pretty hung over(the day after I beat italy so it was a good excuse) and I had a massive headache. I said to my director, I must go home and he said, please endure, blah blah. It was self-inflicted so I pushed on.
Anyway, half way through the day I collapsed/passed out and went to hospital. never had any trouble getting a sick day after that. |
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Toby

Joined: 15 Jan 2003 Location: Wedded Bliss
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Posted: Sun Mar 14, 2004 5:48 pm Post subject: |
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| So. The long and short is that if I wanted to fight it, quoting Korean law, then I could. Otherwise it is a pretty hazy area and depends on the contract and the boss? |
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