Korean Job Discussion Forums

[BobTbuilder]

I have just experienced a rather worrying situation with my hagwon. Before I came to Korea I signed a contract that my recruiter sent to me. Among other things this contract included 10 working days vacation and Monday to Friday hours.
Having been here a while I asked my boss when I could take my remaining days having had three in winter. When I showed her my contract she proclaimed that the paper I had was not my contract and produced another one saying this was my contract. This only offers 3 days in winter and 3 in summer. I have already told her that this is not what I agreed to and that it is not acceptable to me but we have not resolved this yet. My recruiter has not been willing to get involved sadly. On top of this I can prove what contract I signed.
I guess this is more a cautionary note to the rest of you to say that you should get a copy of your contract with both party's signatures before you come here.
As for what I am going to do, I think I will have to say that she must agree to give me the time off now before I start looking for another job - a real shame because as hagwon jobs go this one is pretty easy but it looks like my boss isn't going to budge..

[RangerMcGreggor]

Does her copy have your signature on it?

[BobTbuilder]

I have not really established this, but we must have signed the same page to satisfy immigration, no?

[BoholDiver]

So this new contract...does it have your signature on it?

If not, it is invalid. If it does and you signed it, boo on you. Suck it up. If your signature is on it and it is forged, call the police.

[BobTbuilder]

my signature is NOt on the new contract that's for sure

[ttompatz]

Bad news for her is that the labor standards act stipulates more vacation than offered in her version of the contract and you cannot contract for lower benefits than offered in the ACT (labor law trumps your (or her) contract).

Under the labor standards act, if you have NOT worked a full year you are legally entitled to 1 day of vacation for each calendar month worked PROVIDED your work attendance met the standard.

http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=254&tab=Standards

Article 60 (Annual Paid Leave)

(1) An employer shall grant 15 days' paid leave to a worker
who has registered not less than 80 percent of attendance
during one year.

(2) An employer shall grant one day's 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 a month.

.

[BobTbuilder]

Thanks, I saw this on the forum before but couldn't find it, many thanks! I hate to have to resort to this though as she has been generally very nice to me. I guess she was relying on my good will.

[BobTbuilder]

If this is the case then, why do some employers draft such contracts [with only six days vacation]?

[ttompatz]

[SeoulNate]