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Spice
Joined: 01 Jun 2012
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 Posted: Tue Sep 18, 2012 6:24 pm Post subject: Vac. Question anyone? |
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Hi all. I have a question about renewal vacation. Can an institution just lessen it at their whim or is it something legally untouchable like severance?
thanks for helpful info... |
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Otherside
Joined: 06 Sep 2007
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| Posted: Tue Sep 18, 2012 8:06 pm Post subject: |
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Renewal vacation isn't protected by law, rather it's a contract clause.
The irony is, while the clause may be clearly stated in your current contract, any renewal is of course governed by your signing of a new contract. They can choose to edit it in the new contract, and you have the option to take the reduced renewal vacation or not renew.
I believe the renewal vacation with SMOE was dropped from 2 weeks down to 1. Those who had a problem didn't renew. |
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Spice
Joined: 01 Jun 2012
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| Posted: Tue Sep 18, 2012 9:18 pm Post subject: oh! |
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| Oh! |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Sep 19, 2012 3:27 am Post subject: Re: Vac. Question anyone? |
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| Spice wrote: |
Hi all. I have a question about renewal vacation. Can an institution just lessen it at their whim or is it something legally untouchable like severance?
thanks for helpful info... |
Provided they meet the minimum requirements of the Labor Standards Act they are NOT obligated to provide more and they can reduce it in subsequent contracts to as little as the labor standards act allows provided you are willing to sign the contract.
Labor law allows for 1 day per calendar month worked if you have been employed for less than 1 full year (PROVIDED you have not taken time off during that month). Sick days count as your leave if you don't have sick days provided for in the contract.
If you have been there LONGER than 1 year you are entitled to 15 calendar days of paid annual leave (there are some restrictions if you have taken time off for other reasons).
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CentralCali
Joined: 17 May 2007
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| Posted: Wed Sep 19, 2012 6:12 am Post subject: |
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SMOE's stunt wasn't nice but at least they were pretty up front about it. BMOE's tacky trick was to have the vacation "taken within six months after the start of the new contract." Of course, that meant that you either had a good school that honored that or you had the scum I got transferred to.
This is yet another nail in the coffin for teaching English in Korea. |
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Spice
Joined: 01 Jun 2012
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| Posted: Wed Sep 19, 2012 5:40 pm Post subject: ok... |
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@TTom: Always see you giving solid advice. Thank you. I have reason to believe that most of what you say can be taken to bank.
I do note some flaws there. You are not talking about renewal leave, unless I misread everything! Are you talking about renewal or annual leave?
Also: (PROVIDED you have not taken time off during that month) did you mean 'year'?
@Central: oooh! nasty! i really hope my school ain't scumbags. ie: they actually trying lots a tactics to get people not to sign. doesn't make sense at all! they want/need us - they don't want/need us - they want/need us..etc..
@Others: so what you're saying is that we could hammer them into changing the clause/s to suit us. I'll take the 1 week and 'plan' my sick-days from now on... until some handler decides out of bitterness towards us to alter yet another clause.
the fight continues...
[/u] |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Wed Sep 19, 2012 7:44 pm Post subject: Re: ok... |
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| Spice wrote: |
@TTom: Always see you giving solid advice. Thank you. I have reason to believe that most of what you say can be taken to bank.
I do note some flaws there. You are not talking about renewal leave, unless I misread everything! Are you talking about renewal or annual leave?
Also: (PROVIDED you have not taken time off during that month) did you mean 'year'? |
Renewal leave is above and beyond the labor standards minimums so is strictly a contractual matter and not sacrosanct. They can remove it from future contracts.
I was talking about annual leave and that IS covered under the labor standards acts and your "renewal leave" may be considered as part of said "Annual Paid Leave".
Time off refers to short term workers as per Article 60sub2 (not to be confused with Article 55 - Article 55 (Holidays) - An employer shall allow a worker on the average one or more paid holiday per week.) in reference to a weekly day off.
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
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.
(6) In applying paragraphs (1) through (3), a period falling
under any of the following subparagraphs shall be considered a
period of attendance :
1. A period during which a worker is unable to work due
to occupational injuries or diseases;
2. A period during which a pregnant woman does not work
on maternity leave taken pursuant to paragraphs (1) and
(2) of Article 74.
(7) The leave referred to in paragraphs (1) through (4) shall
be forfeited if not used within one year. However, this shall
not apply in case where the worker concerned has been
prevented from using the leave due to any cause attributable to
the employer.
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Spice
Joined: 01 Jun 2012
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| Posted: Wed Sep 19, 2012 8:52 pm Post subject: Ooh! |
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That's great, thank you TTompatz.
I haven't made a big noise about it. I felt like putting it out there to my fellow expats to see if what I am about to do is worth it.
Seems like it's a fight i'll let go. for now. choosing my battles. thats all |
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