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  • APH
  • Veteran

    • 81

    • November 17, 2018, 12:32:33 pm
    • Seoul
Hagwon closures
« on: March 10, 2020, 09:53:04 am »
Hi so I work for a Hagwon which has been closed for the past 2 weeks because of COVID-19. We’re closed until the 16th at least (they’re “assessing the situation” on whether we’ll be closed until the 23rd like other schools or not).

I’m just wondering are we legally entitled to pay during this time off? I heard somewhere that you should get 70% of your pay still as it’s not a forced closure like it is with public schools.


Re: Hagwon closures
« Reply #1 on: March 10, 2020, 10:29:44 am »
If you have been insured with the Korean Employment Insurance program then your Employer can apply for the Shutdown Allowance Insurance which will be covered under the Insurance Program.

By law EVERY Korean Employee (including those working at Mc Donalds) must be enrolled into the program and the prelims are 0.89% paid each by the Employer and Employee.

The Ko Gov announced that they are putting more money into the KEIP to increase the payout from 70% to 75% and to deal with the the massive increase in Insurance Claims.

The news announcements made by the Ministry of Employment and Labor  about the shutdown allowance payouts for for Insured Employees at this time.

The problem is that Foreign Employees do not have to be enrolled into the Insurance program by law, whereas all Korean Employees must be enrolled.  That being said most D-7, etc, are enrolled and those whose true employer is GOE or MOE will have separate programs to deal with the issue as negotiated by the Korean Teachers Union.

Most E-2-X VISA holders will not have been enrolled (most but not all) and until the Ko Gov makes an explicit statement i.e. "...  Foreign Employees who were not enrolled into the KEIP and are do not have insurance will receive the same Shutdown Allowance benefits as the people who have been enrolled and paying insurance premiums ..."  then they will not receive the Insurance payout.

Many Korean Hogwans will have Korean Employees who will get the Insurance benefit because they had to be enrolled by law, but most of the Foreign Employees will not have been enrolled.

If the Shutdown is attributable to the Korean Employer, i.e. remodeling etc, then in the Labor Standards Act it clearly states that the Employer must pay ALL Employees 70% of their Average wage but the closures are not attributable to the Employers direct actions.

So, some Employees at Hogwans will receive the Shutdown Insurance payout, ... if they have been enrolled so Korean Employee will but Foreign Employee may not.

The Ko Gov is aware of the situation but at this time they have to worry about the entire Korean Economy.

Years ago National Health Insurance was optional for Foreign Employees and most Korean Employers only got "private insurance" really tourist insurance.
There was person who was deep frying chips, there was a bad kitchen fire, they receive sever 3rd degree burns to over 60% of their body and the hospital bill was over 70 M KRW.
They could not leave Korea until the hospital bill was paid and they only had the "tourist health insurance" the Employer had enrolled them in.

The Ko Gov allowed the Employer to back pay the NHIS Insurance premiums for the Foreigner, the Foreigner transported out of Korea,  and then the Ko Gov changed the law and all Foreign Employees must be enrolled in NHIS.

There is no official Ko Gov Statement about Uninsured Foreign Employees being able to receive the KEIP benefits yet, but they are aware how few Foreign Employees are enrolled and they may do something similar to what they have done in the past.

In any event, it would be good for the law to change.

As for now, if you do not have KEIP then you can utilize your annual leave to at least get some money (as opposed to none) but check with your Employer first to see if you are enrolled.
You get 1 day of annual leave per month, month 10 it jumps to 15 days and on the last day of the contract in the first year it jumps to 26 days, the second year you get another 15 accrued, year three and four you accrue another 16 days per year.

Cheers,


  • APH
  • Veteran

    • 81

    • November 17, 2018, 12:32:33 pm
    • Seoul
Re: Hagwon closures
« Reply #2 on: March 12, 2020, 12:22:12 am »
Thanks for the information!

So unless my boss has registered us for the KEIP then there’s no legal requirement for them to pay us the 70% for the time the school has closed?

Like I said I work at a Hagwon so we haven’t been forced to close by the government, my boss has just deciding each week.

I’m very doubtful my boss will have signed us up for KEIP, she’s even told other foreign teachers that these are all unpaid days, but I haven’t had that conversation with her yet. I’m just wanting to know if there’s a legal requirement for her to pay us something, even if we aren’t signed up for KEIP?

We’ve been asked to make homework packets for classes the past two weeks and now the students are uploading them to the website, we’ve been asked to check them and send them back. So we’re still doing some work. Which is why everyone’s becoming more anxious that we’re getting hardly any pay this month.


  • Cohort 2019
  • Super Waygook

    • 442

    • August 17, 2019, 08:09:23 pm
    • 90°S.- 0'E
    more
Re: Hagwon closures
« Reply #3 on: March 12, 2020, 02:30:37 am »
yup. no pay.

You are supposed to 'understand' the situation and play nice as the good waegukin you are. :angel:
incumbo studiis


Re: Hagwon closures
« Reply #4 on: March 12, 2020, 02:32:14 pm »
Don't worry about it. I'm sure these hagwons are going to increase your pay after they increase their profits. We all know that the hagwon owners in Korea are notorious for sharing the profits from the work of their teachers. / sarcasm

Notice how these sociopath hagwon owners always play poor victim when their profits go down, but when they are raking in obscene profits and driving around in BMW's they still want to try to pay 2.1 or some other rubbish. They want to poor mouth when business is bad but when it's crazy good you don't see any extra. Freaking parasites.


Re: Hagwon closures
« Reply #5 on: March 12, 2020, 03:18:49 pm »
There is a sub on reddit https://www.reddit.com/r/Korean_Law/ that has a much longer article on the issue and a bunch of other stuff.