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zoeksk
Joined: 21 Jan 2012
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Posted: Wed Nov 21, 2012 10:00 pm Post subject: Holiday Entitlement |
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So I just had my weekly meeting with my director and we were discussing plans for the december concert. I asked if after the concert we would be having out winter vacation as we clearly had no time before hand.
To which I was told that there may be a chance to take maybe one day here and another there, but there was no actual week off.
I replied that my contract states 5 days in winter and 5 in summer
the look of shock and horror on my directors face as she quickly and emphaticaly told me that theres no way she would have done that, because their is NO winter holiday.
I have checked my contract again, and yes I do have a clause that states 5 days in the winter and 5 days in the summer. It specifies that they should be normal working days, and that public holidays do not count towards my total.
So what I am wondering is, if I push this- whats the chances of an 11month firing? My contract ends late March, and this is my first year in Korea. I like my job although there are probably better ones, so although I was planning on looking around a bit, I figured I would resign and just got a house in my own name (paid key money myself) and my director pays my rent (which at 550,000 a month is clearly outside of what my contract says I'm entitled to) |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Wed Nov 21, 2012 10:22 pm Post subject: Re: Holiday Entitlement |
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zoeksk wrote: |
So I just had my weekly meeting with my director and we were discussing plans for the december concert. I asked if after the concert we would be having out winter vacation as we clearly had no time before hand.
To which I was told that there may be a chance to take maybe one day here and another there, but there was no actual week off.
I replied that my contract states 5 days in winter and 5 in summer
the look of shock and horror on my directors face as she quickly and emphaticaly told me that theres no way she would have done that, because their is NO winter holiday.
I have checked my contract again, and yes I do have a clause that states 5 days in the winter and 5 days in the summer. It specifies that they should be normal working days, and that public holidays do not count towards my total.
So what I am wondering is, if I push this- whats the chances of an 11month firing? My contract ends late March, and this is my first year in Korea. I like my job although there are probably better ones, so although I was planning on looking around a bit, I figured I would resign and just got a house in my own name (paid key money myself) and my director pays my rent (which at 550,000 a month is clearly outside of what my contract says I'm entitled to) |
www.moel.go.kr/english/download_eng.jsp?type=&file=(31)LABORSTANDARDSACT_2011.pdf
Pay attention to articles 60-63.
If you get fired over it (in the 11th month) you do have legal recourse (provided you are staying in Korea long enough to see it through to tribunal).
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CentralCali
Joined: 17 May 2007
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Posted: Wed Nov 21, 2012 11:50 pm Post subject: Re: Holiday Entitlement |
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ttompatz wrote: |
If you get fired over it (in the 11th month) you do have legal recourse (provided you are staying in Korea long enough to see it through to tribunal). |
Or there is someone whom you trust and whom you can designate in writing (using the Labor Board form for this very purpose) who:
- is staying in Korea,
- has free time to appear on your behalf at the Labor Board hearings,
- preferably speaks Korean,
- and is not connected to your current school in any manner whatsoever.
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Guajiro
Joined: 04 Dec 2008
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Posted: Thu Nov 22, 2012 4:34 am Post subject: Re: Holiday Entitlement |
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zoeksk wrote: |
So I just had my weekly meeting with my director and we were discussing plans for the december concert. I asked if after the concert we would be having out winter vacation as we clearly had no time before hand.
To which I was told that there may be a chance to take maybe one day here and another there, but there was no actual week off.
I replied that my contract states 5 days in winter and 5 in summer
the look of shock and horror on my directors face as she quickly and emphaticaly told me that theres no way she would have done that, because their is NO winter holiday.
I have checked my contract again, and yes I do have a clause that states 5 days in the winter and 5 days in the summer. It specifies that they should be normal working days, and that public holidays do not count towards my total.
So what I am wondering is, if I push this- whats the chances of an 11month firing? My contract ends late March, and this is my first year in Korea. I like my job although there are probably better ones, so although I was planning on looking around a bit, I figured I would resign and just got a house in my own name (paid key money myself) and my director pays my rent (which at 550,000 a month is clearly outside of what my contract says I'm entitled to) |
I was in a similar situation once. My boss said we were having three days winter vacation. I politely reminded him that my contract said five days in addition to weekends and national holidays. He tried to play a guilt trip saying that all the other teachers (all Korean teachers by the way) were only getting three days and that it wouldn't be fair for me to get five.
I stood my ground though and told him that it was clearly written in the contract, and I had already booked my ticket to China to see a friend (which was partially true, I had told my friend I was coming). He grudgingly relented. There was no 11th month firing. In fact, he literally shed some tears when I told him I wasn't renewing my contract.
Of course, that was my boss, not your boss. And the result may be very different. What is your school's track record? Do they like to keep the teachers they have, or is there a fairly high turnover? Are you generally getting along well with your coworkers and management? You could test the waters and if you get fired over it, as ttompatz said, you do have legal recourse. |
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s.tickbeat
Joined: 21 Feb 2010 Location: Gimhae
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Posted: Thu Nov 22, 2012 7:45 am Post subject: |
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You could make the offer to her that, if she would rather not give you those holidays, that you would be happy to accept three 8-hour days worth of your salary, at your overtime rate, in lieu of holiday.
She would probably relent at that point. It's worked for me, every time. |
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s.tickbeat
Joined: 21 Feb 2010 Location: Gimhae
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Posted: Thu Nov 22, 2012 7:46 am Post subject: |
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And by three 8-hour days, I mean however-many-days-you're-not-getting-vacation times 8 hours at overtime rate. |
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zoeksk
Joined: 21 Jan 2012
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Posted: Fri Nov 23, 2012 6:53 pm Post subject: |
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Thanks for your advice, I confronted my boss and showed her the contract and she said I could have my holiday but pleeease don't take it all in one week before the concert. So I get two days off next week to coincide with a friend visiting and 3 days at some point in January.
My director is usually pretty understanding but in the previous meeting with another teacher there she seemed very inflexible. She explained that I am the only teacher entitled to winter holiday so she couldn't have been seen to back down in front of other teachers, and also she wasn't aware that the clause was in there since my recruiter wrote the contract.
Not sure how true her excuses were, but I don't care because I got my holiday without an arguement
Thanks again for all your advice- and I am staying in Korea so if they do fire me for any reason you can bet I will be following it up with the labour board personally. |
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