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How much vacation is your employer req'd to give under KLSA?

 
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jacksnsixes



Joined: 30 Mar 2008
Location: Bundang

PostPosted: Wed May 07, 2008 11:37 pm    Post subject: How much vacation is your employer req'd to give under KLSA? Reply with quote

The Korean labour law seems to say 3 different things regarding the amount of vacation time an employee is entitled to.

Under Article 60 it states:

(1) An employer shall grant 15 days' paid leave to a worker who has registered more than 80 percent attendance during one year.
(2) An employer shall grant one days' paid leave per month to a worker whose consecutive service period is shorter than one year, if the worker has offered work without an absence throughout the month.
(3) In case the employer grants a worker paid leave for the first one year of his/her service, the number of leave days shall be 15 including the leave prescribed in paragraph (2), and if the worker has already used the leave prescribed in paragraph (2), the number of leave days shall be deducted from the 15 days of leave.

My real question is: My current job provides me with a total of 10 days paid vacation per year. Am I entitled to more? The Korean Labour Standards Act seems to be saying I am entitled to 15.

This language was taken from the Labor Standards Act
Act No. 8561, July 27, 2007.
I can't find a more recent version.

Any thoughts are welcome
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valkerie



Joined: 02 Mar 2007
Location: Busan

PostPosted: Thu May 08, 2008 12:24 am    Post subject: Reply with quote

Yeah, I was under the impression that the minimum paid leave had increaded from 10 days to 15 but imagine many employers giving u the basic 10 will finangle it to include Nat. Hols etc...maybe.

Worth asking em for 15 though, especially if u are at the stage of signing/re-signing.

So many places break so many basic 'rules' (e.g. OT payment rate) I doubt the dodgy ones really care what the laws say.
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jacksnsixes



Joined: 30 Mar 2008
Location: Bundang

PostPosted: Thu May 08, 2008 12:32 am    Post subject: Reply with quote

Gotcha. My school's not dodgy in any way, and I have full confidence that if I can clearly show that I should get 15 days they'll honor the Labor Law. I guess my question is just how exactly can I find out what the law really means/says in terms of how it relates to E-2 visa holders working a 12-month contract?
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nomad-ish



Joined: 08 Oct 2007
Location: On the bottom of the food chain

PostPosted: Thu May 08, 2008 7:53 am    Post subject: Reply with quote

even the 2008 public school contract i just got has 14 days still. i think employers have just chosen to ignore it
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jacksnsixes



Joined: 30 Mar 2008
Location: Bundang

PostPosted: Thu May 08, 2008 5:14 pm    Post subject: Reply with quote

It seems like teachers throughout Korea would be rallying to change this vacation policy though if in fact the Labor Law gives us 15 days. Anyone have any idea how we can find out for certain?
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Whistleblower



Joined: 03 Feb 2007

PostPosted: Thu May 08, 2008 6:09 pm    Post subject: Reply with quote

I have worked for my employer for a year and renewed. They paid a nice renewal bonus but I requested 15 days paid leave as I had not been absent at all. They said no as the Labor Standard's Act does not represent teachers and that the 15 days is for Korean employers. They only offer 1 day off a month (accumulated if you are unable to take it off) but it was a niggling point for me. I showed the KLSA to them and they shrugged it off saying that it doesn't work for foriegners and the occassional 1 day work on Saturday is for the 1 day off a month. Just feel that the company is a bit cheap. I wonder if there would be a better way to suggest to schools that they provide 15 days paid vacation a year.
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