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Korean Labor Law Question

 
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alabamaman



Joined: 25 Apr 2006

PostPosted: Sun May 07, 2006 3:12 am    Post subject: Korean Labor Law Question Reply with quote

Article 50 (Flexible Working Hour System)
(1) An employer may have a worker work for a specific week in excess of working hours prescribed in Article 49(1), or for a specific day in excess of working hours prescribed in Article 49(2), on condition that average working hours per week in a certain unit period of not more than two weeks do not exceed working hours under Article 49(1) in accordance with
rules of employment(or in accordance with rules or regulations
equivalent thereto): Provided that working hours in any particular
week shall not exceed forty-eight hours. (2) When an employer reaches an agreement with the workers� representative, in writing, on the following items, an employer may have a worker work for a specific week in excess of working hours pursuant to Article 49(1), or for a specific day in excess of working hours pursuant to Article 49(2), on condition that average working hours per week in a certain unit period of not more than one month do not exceed working hours under Article 49(1). However, working hours for a specific week, and for a specific day shall not exceed fifty-six hours and twelve hours respectively: (2) When an employer reaches an agreement with the workers� representative, in writing, on the following items, an employer may have a worker work for a specific week in excess of working hours pursuant to Article 49(1), or for a pecific day in excess of working hours pursuant to Article 49(2), on condition that average working hours per week in a certain unit period of not more than three months do not exceed working hours under Article 49(1). However, working hours for a specific week, and for a specific day shall not exceed fifty-two hours and twelve hours respectively: <Amended by Act No. 6974, Sep. 15, 2003>

1. scope of workers subject to this paragraph;
2. unit period (a unit period not exceeding one month);
2. unit period (a unit period not exceeding three months);
<Amended by Act No. 6974, Sep. 15, 2003>
3. working days in a unit period and working hours for
each working day; and
4. other matters prescribed by the Presidential Decree.
(3) The provisions of paragraphs (1) and (2) shall not apply
to workers aged fifteen or older and less than eighteen, and
pregnant female workers.
(4) If an employer needs to have a worker work in accordance
with the provisions of paragraphs (1) and (2), the employer
shall prepare measures to ensure that the existing wage level is
not lowered.
(5) Deleted. <Act No. 5885, Feb. 8, 1999>

This may seem like a silly question, but who would the teacher's rep be if he/she went through a recruiter? Could the rep be a hagwon owner?
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antoniothegreat



Joined: 28 Aug 2005
Location: Yangpyeong

PostPosted: Sun May 07, 2006 4:39 pm    Post subject: Reply with quote

i have never used a recruiter, but i wouls assume you are your own rep. that would only make sense, as the recruiter and hogwon owner are not representing your best interests.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun May 07, 2006 7:20 pm    Post subject: Re: Korean Labor Law Question Reply with quote

alabamaman wrote:
Article 50 (Flexible Working Hour System)

This may seem like a silly question, but who would the teacher's rep be if he/she went through a recruiter? Could the rep be a hagwon owner?


The rep would be your union representative, a proxy assigned by you (family or friend) or yourself.

Unless you are in a union you are considered your own representative until you appoint or declare someone to act on your behalf. This is usually done by way of a letter or by giving your registered stamp to someone to act on your behalf.

You are a foreigner so you probably won't have a stamp.
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alabamaman



Joined: 25 Apr 2006

PostPosted: Sun May 07, 2006 9:49 pm    Post subject: Re: Korean Labor Law Question Reply with quote

ttompatz wrote:
alabamaman wrote:
Article 50 (Flexible Working Hour System)

This may seem like a silly question, but who would the teacher's rep be if he/she went through a recruiter? Could the rep be a hagwon owner?


The rep would be your union representative, a proxy assigned by you (family or friend) or yourself.

Unless you are in a union you are considered your own representative until you appoint or declare someone to act on your behalf. This is usually done by way of a letter or by giving your registered stamp to someone to act on your behalf.

You are a foreigner so you probably won't have a stamp.


So it would be a good idea to put some sort of clause in a contract saying that, "The worker shall act as his own representative." Maybe it is a good idea to have some sort of clause/sentence like this in a contract.
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