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Giving Notice

 
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nicwr2002



Joined: 17 Aug 2011

PostPosted: Sun Dec 17, 2017 9:11 pm    Post subject: Giving Notice Reply with quote

I know that the employer must give you 30 days notice or pay in lieu. However, is there a legal amount of days that the employee must give? I've always understood that the employee didn't have to give any notice legally. If there is, can anyone point me to the document that states that? I can't seem to find any information about this.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Dec 17, 2017 11:36 pm    Post subject: Re: Giving Notice Reply with quote

nicwr2002 wrote:
I know that the employer must give you 30 days notice or pay in lieu. However, is there a legal amount of days that the employee must give? I've always understood that the employee didn't have to give any notice legally. If there is, can anyone point me to the document that states that? I can't seem to find any information about this.


Labor standards act... the employee cannot be forced to work

Article 7 (Prohibition of Forced Labor)
No employer shall force a worker to work against his own
free will through the use of violence, intimidation, confinement
or any other means which unlawfully restrict mental or physical
freedom.

In practice, if you have to give notice you are being forced to work against your own free will typically by means of intimidation (eg: work or we will blacklist you; work or we will sue you).

You are free to walk out at any time without consequence other than being fired.

You are also protected from any predetermined penalty for non performance of your duty under article 20.

Under Article 17 a labor contract has limits on what it can prescribe:
    1. Wages;
    2. Contractual working hours;
    3. Holidays under Article 55;
    4. Annual paid leave under Article 60;
    5. Other working conditions prescribed by the Presidential
    Decree.


Labor contracts are limited both in scope and duration (unlike a general contract).
Article 15
(1) A labor contract which establishes working conditions
which do not meet the standards provided for in this Act shall
be null and void to that extent.
(2) Those conditions invalidated in accordance with the
provisions of paragraph (1) shall be governed by the standards
provided in this Act.
Article 16 (Term of Contract)
The term of a labor contract shall not exceed one year,
except in cases where no term is fixed or a term is fixed as necessary for the completion of a project. [the exclusion is not applicable to teachers].

.
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nicwr2002



Joined: 17 Aug 2011

PostPosted: Mon Dec 18, 2017 1:20 am    Post subject: Reply with quote

Thank you as always!
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