Korean Job Discussion Forums

[Porksta]

I am fairly certain I remember something about added benefits if you work for a third year. I think you are considered an actual employee or something. Anyways, I am looking at staying at my school for a third year and was wondering what extra benefits I will receive once I have been there for two years. Extra vacation? Sick days?

[wings]

The only extra benefits you will get are those that you negotiate into your next contract. Unless you work for a public school there are no set added benefits to signing for a 3rd year.

I would ask for a raise of 100,000 per month, plus some extra vacation days.

[Porksta]

I know in your second year you get five extra days vacation. Does a third year grant you any more?

[wings]

Article 59 (Annual Paid Leave)

(1)An employer shall grant 10 days' leaves with pay to those who have offered work without an absence throughout a year and 8 days' leaves with pay to those who have registered more than 90 percent of attendance during one year.
(2)An employer shall offer a worker who is employed more than two consecutive years one day's paid leave for each year of consecutive employment years, in addition to the paid leave as set forth in paragraph (1). However, if the total number of leaves exceeds twenty days, normal wages may be paid for the number of days in excess of twenty days, in place of paid leaves.
(3)An employer shall grant the leave with pay in accordance with paragraphs (1) and (2) when requested by a worker, and shall pay normal wages or average wages for the leave period as provided for in the rules of employment or other provisions; however, the period concerned may be altered, if it would be a serious impediment to the operation of the business to grant a leave(s) with pay at a time when a worker requests.
(4)The period of temporary interruption of work resulting from an occupational injury or disease, or the period of temporary interruption of work before and after childbirth for female workers in accordance with Article 72, shall be regarded as equivalent to the performance of work without interruption in appication of the provisions of paragraph (1).
(5)The paid leave referred to in paragraphs (1) and (2) shall be forfeited unless it is consumed within one year. However, this shall not apply if a worker has been prevented from using annual paid leaves due to the causes attributable to an employer.

[ttompatz]

That is an inaccurate version from an OLD copy of the LSA.

current:
www.moel.go.kr/english/download_eng.jsp?type=&file=(31)LABORSTANDARDSACT_2012.pdf

Pay attention to ARTICLE 60.

and in particular Article 60 sub (4)

(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.

.

[Porksta]

Thanks but I don't think that paragraph applies to me as I have not worked for three consecutive years or more.

[ttompatz]

The bottom line at 2 years is that you become a "permanent employee".

That however doesn't really matter if you are on an E2 since your status in the country is defined by immigration law and NOT the labor standards acts

(therefore your permanence after 2 years is not really "permanent" and you can be released at the end of your contract even if you have been there longer than 2 years - labor law can require them to not terminate you but labor law cannot require them to sponsor you (guarantee made by the employer in his person) so you lose your visa without sponsorship and your job disappears too).