Korean Job Discussion Forums

Whistleblower · Joined: 03 Feb 2007

Is it me or is the employment law in Korea to be updated? I am talking about entitled holiday during the year. At the moment it is 10 paid days holiday per year but I heard that it may increase to 15 days. Does anyone know about this?

poet13 · Posted: Thu May 31, 2007 5:09 pm Post subject:

Gee, I hope you're right....

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

Whistleblower · Joined: 03 Feb 2007

Article 57 (Monthly Leave with Pay)

* (1)An employer shall allow one day's leave with pay per month.
* (2)The paid leave in accordance with paragraph (1) may be used by a worker, of his own free will, either by accumulating or dividing it within one year.

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.

poet13 · Posted: Thu May 31, 2007 10:13 pm Post subject:

Not sure how to interpret that. It SEEMS to say that there is monthly AS WELL AS annual leave, but that just seems too much.
Can anyone clarify, or is what I suggested correct?

prairieboy · Joined: 14 Sep 2003 Location: The batcave.

The change is actually being phased in over an extended period. It largely depends on how many employees are working for the business. I believe by July of this year, workplaces with less than 100 but more than 50 employees will be affected.

Next year, the change will affect smaller business until the changes are fully implemented by 2011.

Check out the amendments at the end of the LSA and gives the timelines.

Cheers