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How many vacation days?

 
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joeyjoejoe



Joined: 24 Sep 2006

PostPosted: Thu Sep 03, 2009 1:46 am    Post subject: How many vacation days? Reply with quote

from what i can find online:

http://www.molab.go.kr/download_eng.jsp?type=&file=/data/(16)LABORSTANDARDSACT.pdf
article 60 (scroll down to page 223) of korean labour law says an employee is entitled 15 days for the first 1 year of service.

10 days was standard before the revision in jan 2007, but now it's 15.


so how is it that almost every hagwon job advertisment i see is still only offering 10 or less?
why are people tolerating it?
am i misreading the labour law? missing something?

http://www.molab.go.kr/english/Working/Standard_Restriction.jsp
are they using this bit about effective date and being under 20 employees? what about the larger hagwons with more than 20 employees?



can anyone enlighten me?
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Tigerstyleone



Joined: 01 Feb 2009

PostPosted: Thu Sep 03, 2009 2:46 am    Post subject: Reply with quote

I wish there was some way to hold directors and owners of hagwons to the labor laws, but what can you do ?
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roadwork



Joined: 24 Nov 2008
Location: Goin' up the country

PostPosted: Thu Sep 03, 2009 4:57 am    Post subject: Reply with quote

Tigerstyleone wrote:
I wish there was some way to hold directors and owners of hagwons to the labor laws, but what can you do ?


Yeah, if Korea only had something like a Ministry of Labor. Hmmmm.....
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Thu Sep 03, 2009 2:18 pm    Post subject: Reply with quote

joeyjoejoe,

While what you say is true (as far as it goes), you are missing something fundamental and very crucial -

An employee is entitled to 15 days paid leave only after completing one year of service... and then only if the employee registers not less than 80 percent attendance during the year.

During the first year, an employee is only entitled to one day of paid leave for each month the employyee has offered work (without an absence).

Conceivably, an employee whose contract states 10 days annual paid leave could demand 11 days after 11 months of perfect attendance. However, if one were to demand the extra day, the hogwan owner will then probably just fire the employee (or make conditions so miserable they quit/run).

As for getting 15 days paid leave in the second year of service, this is usually circumvented by a contract article under 'Term of Employment' stating something to the effect -
"This Term of Employment is not and shall not be considered continuation of any previous Term of Employment."
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