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Labor Law ? regarding Foreigners and Permanent Contracts
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ed4444



Joined: 12 Oct 2004

PostPosted: Sat Nov 23, 2013 12:12 am    Post subject: Reply with quote

Popocatepetl wrote:

The Korean E2 is very similar to exploitive Qatari world cup contracts, where employers own the workers visa and laborers need a "letter of release" to change jobs.


Its not quite as bad as Qatar where you need an exit visa to leave the country. yikes! read about it here:

http://www.theguardian.com/football/2013/nov/14/zahir-belounis-letter-pep-guardiola-zinedine-zidane-qatar-trapped
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ed4444



Joined: 12 Oct 2004

PostPosted: Sat Jan 25, 2014 10:32 pm    Post subject: Reply with quote

ed4444 wrote:
This law definitely exists. If you do three consecutive one year contracts then subsequent contracts are just to establish conditions as you are technically a permanent worker.

However, there is a lot of small print exceptions with this law so you have to check very carefully to see if you fall within one of the loopholes.

For example I fell into a loophole because I earn more than 49,000,000Won per year. That classifies me as being in the top 20% of earners in Korea currently. Therefore, I am considered to be an "executive" and I can be kept indefinitely on rolling one year contracts unfortunately.

I was very upset to find out about this bit of smallprint because I was sure I was a permanent employee by then.


A little update here, the Korean labour commission ruled that I was a permanent employee (they described it as an employment contract of unlimited duration) even though my salary did exceed the threshold mentioned above. So it seems the thresholds are not binding.
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The Cosmic Hum



Joined: 09 May 2003
Location: Sonic Space

PostPosted: Sun Jan 26, 2014 2:38 am    Post subject: Reply with quote

ed4444 wrote:
ed4444 wrote:
This law definitely exists. If you do three consecutive one year contracts then subsequent contracts are just to establish conditions as you are technically a permanent worker.

However, there is a lot of small print exceptions with this law so you have to check very carefully to see if you fall within one of the loopholes.

For example I fell into a loophole because I earn more than 49,000,000Won per year. That classifies me as being in the top 20% of earners in Korea currently. Therefore, I am considered to be an "executive" and I can be kept indefinitely on rolling one year contracts unfortunately.

I was very upset to find out about this bit of smallprint because I was sure I was a permanent employee by then.


A little update here, the Korean labour commission ruled that I was a permanent employee (they described it as an employment contract of unlimited duration) even though my salary did exceed the threshold mentioned above. So it seems the thresholds are not binding.

Congratulation on that!
Well done. Wink
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