Korean Job Discussion Forums

PatrickSiheung · Joined: 21 May 2003

Well, most of you are probably familiar with the Hagwon Report. A whooooole lotta legal stuff in there. Well I'm reading it now thinking it's best to understand the law here in Korea, and I was wondering if anyone could please share with me their understandings of a certain paragraph.

Is it true that anything written in this report is considered Korean Labour law and would override anything written in a contract that may be contrary?

Anyway, here it is:

QUOTE:
[This Article Newly Inserted by Act No. 5510, Feb. 20, 1998]
Article 32 (Advance Notice of Dismissal)
(1) An employer shall give an advance notice to a worker at least thirty days before dismissal(including dismissal for managerial reasons). If the notice is not given thirty days before the dismissal, normal wages for more than thirty days shall be paid to the worker, except in cases, prescribed by the Ordinance of the Ministry of Labor, where it is impossible to continue a business because of natural disaster, calamity, or other unavoidable causes, or where a worker has caused considerable difficulties to a business, or damage to properties on purpose.
************

Anyone understand this? I think I understand it, but I would like to be sure.

I believe it is saying that unless the worker is causing considerable difficulties to a business (IE: not showing up for work, causing many students to quit the school) then the worker is entitled to 30 days notice before he/she is fired. Is this right? If a worker is fired without 30 days notice, is he/she entitled to a month's wages?

Also, even if the contract outlines a slightly different procedure, does this law override that?

Furthermore: Anyone had experience with this law? I mean personal experience with having to fight for this particular right?

I'm really curious about all this. Thanks in advance! Smile

denz · Posted: Tue May 27, 2003 7:08 am Post subject:

reads as much, but then again - this is korea.

carpe caesar.

denz

Bulsajo · Joined: 16 Jan 2003

I would say it sounds more like it describes a lay-off, where an employee is cut loose for reasons other than quality of job performance. If you're being fired, I don't think an employer would find it hard to justify it under "a worker has caused considerable difficulties to a business." At least that's my reading of it- if the boss is letting you go because he says enrollment is down, he owes you a month's pay or 30 days notice, but if you've shown up for class drunk, or caused scenes in the teachers' office, or refused to teach certain classes...
In the end it doesn't matter much, the application of any law is often weighed pretty heavily in favour of the boss.

Pyongshin Sangja · Joined: 20 Apr 2003 Location: I love baby!

Bulsajo, you just read my mind. Sounds like you have been in my shoes.

hellofaniceguy · Joined: 10 Jan 2003 Location: On your computer screen!

It's subject to intrepertation; everyone, including the people who wrote it have different opinions.

Sucker · Joined: 11 Feb 2003

10.5 months into my contract my boss terminaed my contract by going to immigration (without my knowledge) and terminating my visa.

I had a similar clause in my contract so I complained to immigration (not their problem) and the labor board (now that place is really a joke).

In the end I had to get a lawyer just to get a new visa, they told me that I could sue my previous employer, but that the time and effort would not be worth it.

Laws are all very well and good, but the reality is that you are a foreigner and this is Korea. Don't (always) trust a contract and don't trust the legal system.

PatrickSiheung · Joined: 21 May 2003

Yeah I figured that being a foreigner in Korea would definitely put me at a huge disadvantage. I mean the racism and prejudice in this country is really surprising sometimes!

As far as teaching class while drunk, I definitely haven't done that LOL As it stands now, there are no major infractions counting against me. But I guess Korea employers have been known to lie. In such cases of lying, I guess it's accepted that Korean Labour Office and Immigration will almost certainly side with the Korean employer?

I guess the best thing is to not be caught in a bad situation in the first place. Prevention is the best cure, huh?

Circus Monkey · Joined: 10 Jan 2003 Location: In my coconut tree

I think one way to counter the boss trying to pull a fast one is record the feedback you get from your students. Hence, if you are somewhat decent and have a good relationship with them, it will help. As well, you can also keep track of how well the students are doing which should help prove how valuable you are.

CM

PatrickSiheung · Joined: 21 May 2003

Good advice for sure. Unfortunately I haven't kept a record of the praises I have received. I have however been keeping a journal of various student's progress. Should I organize this as proof of my dedication to my job?

Circus Monkey · Joined: 10 Jan 2003 Location: In my coconut tree

Couldn't hurt.

CM

Mickey · Joined: 22 May 2003

PatrickSiheung · Joined: 21 May 2003

haha yeah. There is definitely a big difference between Law and common practice. Sometimes the two are not the same thing. Not to mention the hassle it would be to take legal action should this law be broken. It doesn't offer as much comfort as it should Crying or Very sad