Korean Job Discussion Forums

bourquetheman · Joined: 18 Aug 2003 Location: Suwon

So I teach at a company and during the last program quite a few of my students mentioned how they now can take 3 days off for the birth of a child (for dads) due to the law having changed in May or June or something. I searched but only found a brief mention of it in English, yet would like the actual Korean version to show management. I've also heard from one site that the employer isn't obliged to pay you for those three days but also want to know if that's true. My second daughter will be born in the next few weeks and I would really like to know soon. Any help would be greatly appreciated. Thanks.....

nobbyken · Joined: 07 Jun 2006 Location: Yongin ^^

I'm not sure about the law, but public school teachers don't have to come to school for 3 days when their wife gives birth. The delivery day is counted as 1 day, hehe.
So if your wife gives birth on a Sunday (like mine did), you get Sunday, Monday & Tuesday off (3 days).

I don't think it is paid, but you don't really care at the time; just thankful for some time off.

bourquetheman · Joined: 18 Aug 2003 Location: Suwon

Yeah that's what I've heard too, but I just want some Korean link that I can show to my boss. My wife is looking right now but I thought some of you might have it at your fingertips.

prairieboy · Joined: 14 Sep 2003 Location: The batcave.

It is the law that if you are entitled to take 3 days off from work (working days).

The law can apparently be found in the Equal Employment Act (I think that's the correct act) article 18-2.

I asked this question to Seoul Global Center and that's where they directed me. I downloaded a copy of the act from the Labor board's website but it did not include this ammendment. http://english.molab.go.kr/data/EqualEmploymentAct.pdf

The employer can choose to pay or not for those days. But they must give you the time as soon as you ask for it. There is no negotiation but an obligation on their part if you ask.

You also have 30 days in which to take it so it doesn't have to be taken immediately but within 30 days of the birth of your child.

There is an informational pamphlet available as well, check the Seoul Global Center website or the labor board website. Sorry I can't find it right now, but if I come across it I'll post the link.

prairieboy · Joined: 14 Sep 2003 Location: The batcave.

Here's a link to a policy statement straight from the labor website.

http://english.molab.go.kr/data/Employment.laborpolicy.pdf

Go to page 54 and read from there. The act has been renamed to "An Act on Equal Employment and Reconciliation of Work and Family."

I'm sure the revised act can be found in Korean right now. You could also have your boss call the labor and ask (1350 I think is the number).

Cheers and good luck. My former employer was completely oblivious and believed she was doing me a favor when my son was born just after this law came into effect...otherwise she would have had me working that day while my wife was still in labor Shocked

bourquetheman · Joined: 18 Aug 2003 Location: Suwon

A big thanks for the above links, much appreciated. I talked with my boss and he said he'd check with the accounting team and see if they knew anything about it, but basically he was saying if it's ok with them then he'll let me know. I kindly said that I'm pretty sure the LAW trumps the contract to which he politely cut me off and said he'd check. You're right, if I don't get paid that's fine but they had better give me the three days! Thanks again....

jbpatlanta · Joined: 02 Jun 2007 Location: Daejeon

Only 3 days. That sure doesn't seem like much time.

I had my daughter in April. My wife delivered on a Friday and I took off all the next week. I just called every one of my bosses from the hospital and told them I would seem them after a week.

Two of them told me I could not have the week off. I said fire me. The following Friday they called to ask if I was coming to work on Monday.

Whistleblower · Joined: 03 Feb 2007

Remember there is the law for Koreans and the law for all foriegn staff in Korea. For Koreans, the assumption is that you will get 3 days to a week off work for a death or birth in the family. For foreigners, you have to be at work no matter what.

*I was kidding about seperate laws for Koreans and foreigners but traditional hagwon owners don't.

bourquetheman · Joined: 18 Aug 2003 Location: Suwon

So I go in and talk to my other sub-boss as I haven't heard back from the upper one yet about their "decision". This time I come armed with the Ministry of Labor link in Korean that my wife found:
http://www.happybalance.kr/
Sorry it won't link to the exact page but it's under the second heading at the top, and it's the second choice. Clearly states the same as the other guy posted about in English. How it's 3 days and if they don't give it to you it will be a 5 MILLION won fine!

His reply? "We'll I'll check with the upper boss and find out his decision, but as you know our contract is 1 day." I explained that while the contract says one day the LAW trumps the contract to which he says he'd check. Geesh I have a feeling I'm going to get screwed over but will stand my ground. Part of me worries that if I am adamant about taking this leave than come contract renewal next year (I've been here several years) that they might hold this against me.