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Korean Job Discussion Forums
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ssuprnova
Joined: 17 Dec 2010
Location: Saigon
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 Posted: Mon Jun 13, 2011 4:38 pm Post subject: Vacation days when re-signing under the Korean LSA. |
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Hi there, my first contract is almost finished and I've been asked to re-sign with my current hagwon. What are my options when it comes to negotiating vacation time (i.e., "paid leave")? I've skimmed through the Korean Labor Standards Act but I have trouble understanding the legalese:
| Quote: |
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.
(3) In case an 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 used leave days shall be deducted from the
15 days of leave.
(4) After the first year of service, an employer shall grant
one day's paid leave for each two years of consecutive service
in addition to the leave prescribed in paragraph (1) to a worker
who has worked consecutively for 3 years or more. In this case,
the total number of leave days including the additional leave
shall not exceed 25.
(5) An employer shall grant paid leave pursuant to paragraphs (1)
through (4) upon request of a worker, and shall pay ordinary
wages or average wages prescribed in employment rules or
other regulations during the period of leave. However, the leave
- 740 -
period concerned may be changed, in case granting the leave as
requested by the worker might cause a serious impediment to
the operation of the business. |
Does paragraph 1 mean that you'd have to work for a full year without taking any time off to get 15 days of paid leave? Or does it imply that I should be getting the 15 days as long as I finish my first year (sounds too good to be true)? I currently get the standard 10 days off but almost half of them are decided by the school. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Mon Jun 13, 2011 4:44 pm Post subject: Re: Vacation days when re-signing under the Korean LSA. |
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| ssuprnova wrote: |
Hi there, my first contract is almost finished and I've been asked to re-sign with my current hagwon. What are my options when it comes to negotiating vacation time (i.e., "paid leave")? I've skimmed through the Korean Labor Standards Act but I have trouble understanding the legalese:
| Quote: |
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.
(3) In case an 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 used leave days shall be deducted from the
15 days of leave.
(4) After the first year of service, an employer shall grant
one day's paid leave for each two years of consecutive service
in addition to the leave prescribed in paragraph (1) to a worker
who has worked consecutively for 3 years or more. In this case,
the total number of leave days including the additional leave
shall not exceed 25.
(5) An employer shall grant paid leave pursuant to paragraphs (1)
through (4) upon request of a worker, and shall pay ordinary
wages or average wages prescribed in employment rules or
other regulations during the period of leave. However, the leave
- 740 -
period concerned may be changed, in case granting the leave as
requested by the worker might cause a serious impediment to
the operation of the business. |
Does paragraph 1 mean that you'd have to work for a full year without taking any time off to get 15 days of paid leave? Or does it imply that I should be getting the 15 days as long as I finish my first year (sounds too good to be true)? I currently get the standard 10 days off but almost half of them are decided by the school. |
This 15 days thing does not in general apply to ESL teachers. Many of us work shorter hours than usual and get weekends off to list some differences. |
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ssuprnova
Joined: 17 Dec 2010
Location: Saigon
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| Posted: Mon Jun 13, 2011 4:49 pm Post subject: |
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| OK thanks, I figured that's the case. Just out of curiosity, has anyone gotten more than 10 days of paid leave from a hagwon? In my case 4 out of my 10 days are decided by the employer. |
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thegadfly
Joined: 01 Feb 2003
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| Posted: Mon Jun 13, 2011 6:00 pm Post subject: |
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| ssuprnova wrote: |
| OK thanks, I figured that's the case. Just out of curiosity, has anyone gotten more than 10 days of paid leave from a hagwon? In my case 4 out of my 10 days are decided by the employer. |
The hakwon at which I work gives two two-week breaks (10 working days each, total of 20), in addition to all of the "red day" holidays (total of 32-ish? depending on when the holidays fall...). That is the basic deal for everyone at the school -- every employee there gets that time off (janitors, secretaries, teachers -- the whole place closes).
Additional vacation time is a perk earned by sticking around a while -- I get two additional weeks off, in addition to the above, but I have been here a while....
...not as much vacation as a university, but for a hakwon, it seems to be quite a bit.... |
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Hotpants
Joined: 27 Jan 2006
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| Posted: Tue Jun 14, 2011 4:30 am Post subject: |
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As TheUrban wrote, it might not apply to teaching posts. The part you are citing looks like it reflects the 40-hour work week standards for regular companies - whether that would apply to your post, I don't know. Essentially, the part says that you are entitled to 15 days vacation in your first year, although it may be up to your employer when you can take those days.
Good luck in trying to get the LSA enforced! |
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