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  • OnNut81
  • Hero of Waygookistan

    • 1000

    • April 01, 2011, 03:01:41 pm
    • Anyang
5 days renewal plus new 26 days off. What was your outcome?
« on: February 26, 2020, 02:04:09 pm »
I remember this was being discussed a year ago when it was a new issue, and now that a year has passed I am wondering what the result was?  This didn't apply to my renewal last year but this year I have the 26 days off contract, but my 2019 contract stipulated 5 days of renewal leave.  Did any renewing teachers end up with the 31 days? 



Re: 5 days renewal plus new 26 days off. What was your outcome?
« Reply #1 on: February 26, 2020, 02:38:21 pm »
When I went to that contract renewal orientation, our MOE just didn't address it and nobody raised it with them.  I really wish I had at the time because I did feel strongly about it but I was a coward and didn't want to rock the boat.  So I ended up taking 26 and lost the five renewal days.

If it had been my final year and I knew I was going to be leaving then I would have kicked up a fuss and pushed for the extra five.


Re: 5 days renewal plus new 26 days off. What was your outcome?
« Reply #2 on: February 26, 2020, 02:42:40 pm »
Hi
Lost the 5 days.
Daejeon MOE couldn't understand the concept of what I was trying to explain (she was leaving soon anyway and it didn't seem right to persue it with the new person coming in - or was I just lazy?)
I sent a message to the Labour Board and didn't hear back from them - I also couldn't remember my log-in password so didn't follow up with them either. 
I did manage to get 4 days leave without pay during the year as my school is pretty good.  (the money isn't the big issue for me - just the leave!)
Hope you do better than me

I am impressed that Jeollamdo MOE seemed to honour the contract.  Good on them.

UPDATE
I just checked on the Korean Labour Board and found they had responded to my query.  I am not much wiser but it seems as if they wouldn't have supported my claim.  NOTE - I had tried to phone them but had been unable to get through.

TOPIC : Renewal leave


I went to sign my ‘Contract for Spring 2019 Guest English Teacher in Daejeon’ on Thursday 7 February. There has been a change in leave from the previous Contract. The 2019 contract has 26 days of annual paid leave under the Korean Labor Standard Act.

The previous contract (from 26 February 2018 to 25 February 2019) gave 18 working days for annual paid leave and 5 additional days of renewal leave only granted if we renewed our contract. I have renewed the contract and expected to receive the 5 additional days of renewal leave.

The 2018 contract, in Article 10 (3), states ‘In the case of renewal of this Contract pursuant to the foregoing clause (1), the Employee shall be given five (5) working days paid leave which shall take place during the nearest school vacation from the first day of the renewal contract with the condition of the days not conflicting with the school schedule. This 5-day leave will be counted as part of the contract term, and, accordingly, salary will be paid as normal for those days. The period of this renewal vacation may be negotiated with the school to be held in the next school vacation which is within six months from the first day of the contract if necessary.’

Has the Korean Labor Standard Act, in raising the leave to 26 days, nullified the pre-existing contract regarding renewal days? Or, should I still receive the 5 renewal days as stipulated in the 2018 contract?

The Office of Education is saying that we are not to receive the 5 days renewal leave. Looking back at previous contracts (since 2009) it seems that the contract period referred to is that of the current contract not the new contract.

This situation seems to be relevant to all renewing EPIK English teachers.

I have tried to phone using 1350 but am unable to enter the extension number.

Thank you.

By Jennifre | 2019-02-18



[A]


1. Hello, this is Ministry of Employment and Labor Counseling Center.


 


2. We would like to reply to your inquiry about annual paid leave as follows.


 


 A. According to Article 60(1) of the Labor Standards Act, an employer shall grant 15 days’ paid leave to a worker who has registered not less than 80 percent of attendance during one year.


 


  - Also, pursuant to Article 60(2) of the Act, an employer shall grant one day’s paid leave per month to a worker who has worked consecutively for less than one year or registered less than 80 percent of attendance during one year, if the worker has offered work without absence throughout a month.


 


  - Pursuant to Article 60(4) of the Labor Standards Act, after the first year of service, an employer shall grant one day’s paid leave for each 2 years of consecutive service to a worker who has worked consecutively for 3 years or more. In such cases, the total number of leave days including the additional leave shall not exceed 25 days. (Annual paid leave shall apply to business or workplace in which 5 or more workers are ordinarily employed.)


 


B. Please be noted that the previous *Article 60(3) of the Act deleted and enforced from May 29, 2018. The amended Labor Standards Act shall apply to workers who have worked consecutively for less than one year based on the enforcement date (May 29, 2018). In other words, it shall apply to workers who have joined after May 30, 2017.


 


 - In case workers who have joined after May 30, 2017, an employer shall grant one day’s paid leave per month (pursuant to Article 60(2) of the Act) according to the preceding month’s attendance for less than one year and 15 days’ paid leave according to the preceding year’s attendance (pursuant to Article 60(1) of the Act), respectively.


 


 *Article 60(3) of the Labor Standards Act: If an employer grants a worker paid leave for the first one year of his/her service, the number of leave days shall be 15 including the leave prescribed in Article 60(2) of the Act, and if the worker has already used the leave prescribed in Article 60(2) of the Act, the number of used leave days shall be deducted from the 15 days of leave.


 


 C. We think that regarding 26 days’ annual paid leave, you have added 11 days’ annual paid leave for less than one year to 15 days’ annual paid leave after the first year service.


 
D. It shall not be deemed that consecutive service period is less than one year because you mentioned about renewal of the contract. Please understand that we are unable to give you a precise answer whether you shall apply to the amended Labor Standards Act or not, without knowing your joining date and consecutive service period etc.


 


 3. For further inquiry in regards to labor relations laws, please contact Ministry of
   Employment and Labor Counseling Center on 1350 (press 4 and 1 for English).




   Best Regards,


« Last Edit: February 26, 2020, 02:51:49 pm by JenniferNZ1 »


  • OnNut81
  • Hero of Waygookistan

    • 1000

    • April 01, 2011, 03:01:41 pm
    • Anyang
Re: 5 days renewal plus new 26 days off. What was your outcome?
« Reply #3 on: February 26, 2020, 02:58:49 pm »
Thanks for the responses. 

I think I will just let the new handler know about the extra five days on top of the 26 and if there is an issue later we can deal with it.  The response from the labour board seemed kind of vague.  My 2020 contract renewal leave section differs from the 2019 one very clearly so I don't think anyone will question my interpretation of it, and no one seems to do much other than take my word for it as it'll be the fifth handler in five years and all of them were new to the job. 


Re: 5 days renewal plus new 26 days off. What was your outcome?
« Reply #4 on: February 26, 2020, 03:03:41 pm »
Yeah, just got the 26 days.

I remember having it explained to me that, according to the language in our contracts, the MOEs aren't actually required to give anyone the 5 renewal days.

That portion of the old contracts was never meant to be interpreted this way, but it was left just vague enough that it COULD be interpreted that way, so, since it isn't a feature protected by labor law and it wasn't expressly written in a way that could be supported in court in favor of the NETs, it's a lost cause, basically.

It sucks, but that's legalese for you. Just something to squirrel away for future contract considerations.
« Last Edit: February 26, 2020, 03:08:35 pm by Chinguetti »


  • Colburnnn
  • Super Waygook

    • 345

    • August 10, 2015, 05:52:37 pm
    • South Korea
Re: 5 days renewal plus new 26 days off. What was your outcome?
« Reply #5 on: February 26, 2020, 06:35:24 pm »
Jennifer, did Jihyun leave?


  • Nokcha
  • Super Waygook

    • 341

    • August 22, 2012, 02:37:27 pm
    • Seoul
Re: 5 days renewal plus new 26 days off. What was your outcome?
« Reply #6 on: February 27, 2020, 12:05:22 am »
Iím in Seoul and my contract runs August to August. The way my 2019-2020 contract reads, and the way we, my handler and I, interpreted it was that it was 26 days. Fini. However, she received a note from SMOE, just before the end of this school year, that I would receive 5 extra days for re-signing. 


Re: 5 days renewal plus new 26 days off. What was your outcome?
« Reply #7 on: February 27, 2020, 07:53:31 am »
Jennifer, did Jihyun leave?

No - it was the person before her.


  • Mister Tim
  • Hero of Waygookistan

    • 1653

    • September 08, 2013, 10:33:54 am
    • SK
Re: 5 days renewal plus new 26 days off. What was your outcome?
« Reply #8 on: February 27, 2020, 08:28:44 am »
I didn't get the five renewal days, and I'm still bitter about it, haha.


  • Nolz
  • Waygookin

    • 12

    • August 03, 2016, 12:45:44 am
    • South Africa
Re: 5 days renewal plus new 26 days off. What was your outcome?
« Reply #9 on: February 27, 2020, 08:34:42 am »
Did anyone actually use those 26+5 days?


Re: 5 days renewal plus new 26 days off. What was your outcome?
« Reply #10 on: February 27, 2020, 08:39:34 am »
Iím in Seoul and my contract runs August to August. The way my 2019-2020 contract reads, and the way we, my handler and I, interpreted it was that it was 26 days. Fini. However, she received a note from SMOE, just before the end of this school year, that I would receive 5 extra days for re-signing. 

That's because Seoul didn't get rid of the 5 day renewal bonus. Since Seoul doesn't have the cash renewal bonus, they couldn't get rid of the 5 days.
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Re: 5 days renewal plus new 26 days off. What was your outcome?
« Reply #11 on: February 27, 2020, 09:35:37 am »
I got the full 26 + 5. It wasn't an issue. It's in the contract.


Re: 5 days renewal plus new 26 days off. What was your outcome?
« Reply #12 on: February 27, 2020, 09:42:18 am »
I got the full 26 + 5. It wasn't an issue. It's in the contract.

It totally is, but my school district took advantage of the slight vagueness of the language to argue that it was part of the new 26 and not a bonus owed.

Technically, we could still probably take it to civil court and win, but it's not worth it for most of us.

You're lucky that your school/province appears to have strong ethics.


Re: 5 days renewal plus new 26 days off. What was your outcome?
« Reply #13 on: February 27, 2020, 09:44:01 am »
It totally is, but my school district took advantage of the slight vagueness of the language to argue that it was part of the new 26 and not a bonus owed.

Technically, we could still probably take it to civil court and win, but it's not worth it for most of us.

Yeah. Some districts have really vague wording, which I think is total BS. Fortunately, my district worded it pretty clearly, so I was fortunate. I thank the Based God.