| View previous topic :: View next topic |
| Author |
Message |
therandom9
Joined: 10 May 2010
|
 Posted: Sat Dec 11, 2010 9:04 pm Post subject: Is this contract clause valid? |
 |
|
"The Employee fully acknowledges that the employment hereunder is based on a
contractual relationship between the Employee and the Employer and, therefore, the employment hereunder shall not be subject to the general requirements of Korean labor law, including but not limited to worker�s compensation and pension."
Can an employer use a contract in this way to exempt themselves from Korean labor law, or are such clauses invalid generally? |
|
| Back to top |
|
 |
RMNC
Joined: 21 Jul 2010
|
| Posted: Sat Dec 11, 2010 9:42 pm Post subject: |
|
|
| Nope. It's the law that every employee has a pension and the employer pays into it at 4.5%, unless you're from South Africa or are listed as a contractor. However, the contract says employee, not contractor. |
|
| Back to top |
|
|
ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
|
| Posted: Sat Dec 11, 2010 11:44 pm Post subject: Re: Is this contract clause valid? |
|
|
| therandom9 wrote: |
"The Employee fully acknowledges that the employment hereunder is based on a
contractual relationship between the Employee and the Employer and, therefore, the employment hereunder shall not be subject to the general requirements of Korean labor law, including but not limited to worker�s compensation and pension."
Can an employer use a contract in this way to exempt themselves from Korean labor law, or are such clauses invalid generally? |
It is an illegal clause; you cannot contract away your legally mandated rights
and
A contract with such a clause does not bode well for future employment (the employer stating in advance that they do not follow the labor law).
. |
|
| Back to top |
|
|
BigBuds
Joined: 15 Sep 2005
Location: Changwon
|
| Posted: Sun Dec 12, 2010 2:13 am Post subject: |
|
|
Major RED FLAG.
Run for hills! |
|
| Back to top |
|
|
Sector7G
Joined: 24 May 2008
|
| Posted: Sun Dec 12, 2010 7:03 am Post subject: Re: Is this contract clause valid? |
|
|
| ttompatz wrote: |
A contract with such a clause does not bode well for future employment (the employer stating in advance that they do not follow the labor law).
. |
This is the first thing that came to my mind as well. Listen to ttompatz! |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
