Korean Job Discussion Forums

[valkerie]

Have been searching for a direct link to the labour laws... if your contract says you will work at weekends as required (for free) and this is basically compulsory, can you refuse?

I often see comments here about the illegality of unpaid training at the start of a contract and various other things you cannot do for free (e.g. volunteering), so guess forced unpaid overtime is also a no no.
I am aware that the law overrules contracts but can't find a definite link.

Can anyone help?

[cruisemonkey]

http://www.ilo.org/dyn/natlex/docs/WEBTEXT/46401/65062/E97KOR01.htm

It's only legal if you concent to it... see Chapter 1, Article 6.

[garykasparov]

If your employer is forcing you to work to work against your own will through use of violence, intimidation or confinement or by any other means which unjustly restricts mental or physical freedom, then therein lies a serious breach of Korean labor law. If your employer is doing any of the above, then your employer has violated Korean labor law. Has your employer forced you to work against your own will through the said methods above? If you could post the clause in your contract that would be helpful.

http://english.molab.go.kr/
1) Click on Resources
2) Click on Rules and Regulations
3) Click on 17

[Bibbitybop]

Would you really sign a contract with UNPAID overtime?

[valkerie]

Hey, thanks as always for the replies. I have seen the contract involved and it outlines the hours worked per week etc and says the teacher will work 4 Saturdays a year/attend training sessions/staff meetings etc on their own time. Will have to see if can copy it word for word.

My take on this was that someone in this position could refuse (regardless of having signed it) on the basis that it is illegal to do anything for nothing in this country. Possibly the usual requirement for 'permission' is overridden by having signed something...? But then again I am sure many people get zero or low wages during training which is part of their official contracted time (and not allowed).

I guess the consequence to the employee of refusing to do the extra unpaid hours would be a warning or some financial deduction or whatever, will find out.

Will try to find something that states explicitly you cannot do anything which is unpaid....(even if you are willing), there must be something.

[Bibbitybop]

Get a number of hours, number of training sessions, etc. in WRITING before you sign it. Otherwise, you could end up at "training sessions" all year long when you should be drinking!

[dutchy pink]

Nothing is illegal in Korea, unless you are willing to fight tooth and nail for it. Merely showing a copy of the relevant laws is about as good as jumping up and down with a sour puss on your face.

[Bibbitybop]