are EPS workers entitled to vacation?

by inhamiller Thu Aug 07, 2008 9:06 pm

kabayan,
meron bang laws regarding vacation for EPS. kasi mag one yr na ako this august 21.binigyan ako ng 4days(in fact 2days lang)kasi yung sat and sun eh holiday naman talaga. if meron,ilan araw ba dapat? me sick leave din ba?kasi yung kasama ko nag sick leave tapos ngayon,kinaltas naman sa vacation leave niya.so nabalewala din yung vacation leave niya.ang galing ng company namin ano po?meron pa.pinasukan ko lahat ng vacation ko as overtime at usapan pag overtime my food allowance kami.pero since vacation ko daw yun,walang food allowance.galing ng logic ng mga koreanong ito.nakakagigil.

by dave Thu Aug 07, 2008 10:54 pm

kabayan,
meron bang laws regarding vacation for EPS. kasi mag one yr na ako this august 21.binigyan ako ng 4days(in fact 2days lang)kasi yung sat and sun eh holiday naman talaga. if meron,ilan araw ba dapat? me sick leave din ba?kasi yung kasama ko nag sick leave tapos ngayon,kinaltas naman sa vacation leave niya.so nabalewala din yung vacation leave niya.ang galing ng company namin ano po?meron pa.pinasukan ko lahat ng vacation ko as overtime at usapan pag overtime my food allowance kami.pero since vacation ko daw yun,walang food allowance.galing ng logic ng mga koreanong ito.nakakagigil.

hello kabayan inhamiller,

hope these will help...
1) In 40-hours workweek system: According to the Labor Standard Act (LSA), all foreign workers in Korea are entitled for a 15-days Paid Vacation Leave per year if your working attendance is more than 80% in one year.

2) In 44-hours workweek system: All foreign workers in Korea are entitled for 1 day Paid Vacation Leave per month if you have perfect attendance in a month. Also, you are entitled to another 10-days Paid Vacation Leave if you have perfect attendance and 8-days if your attendance is not perfect but must be above 90% in a year. An additional 1 day vacation leave will be added after 1st year of service. So for 2nd year you have 11 days and 3rd years you have 12 days paid vacation leave.

3) No sick leave benefits in Korea instead you have to use your vacation leave if you're sick. But if your sickness was due to work especially accident and you cannot work for longer days, then you can avail Industrial Accident Compensation Insurance Act.

4) Tungkol naman sa food allowance mo, you have to settle that first internally with your employer coz that's an internal agreement. If meron po kayong contract about that then we can use that if you want to report that to the labor. Wala kasing nalagay sa LSA about food allowance.

I hope my explanations are clear to you. If you have further questions, feel free...

Thank you.

by inhamiller Fri Aug 08, 2008 7:43 am

Thanks misterdj for the info.it's clear but is vacation leave be paid if unused? do you hava a draft of that laws both in english and korean?maybe i could present it to my company. thanks again.

by dave Fri Aug 08, 2008 8:53 am

Thanks misterdj for the info.it's clear but is vacation leave be paid if unused? do you hava a draft of that laws both in english and korean?maybe i could present it to my company. thanks again.

if the paid vacation leave is unused, yes it is posible that the employer may convert it to cash through an allowance pay method but it is a case to case basis... if your company had initiated or asked you to use the vacation leave but you didn't use them then there's a possiblity that the company will not convert them to cash so you have to use them before your 1-year contract ends. Please refer below for the detailed explanation...

Promotion for use of annual leave
a. When an employee has not used the leave days saved within the year, he/she shall be paid for the unused days of leave at average or normal wage rate, as prescribed in the rules of employment.
b. At a business or workplace subject to the revised LSA, if employees have not used their annual leave despite the employer's strong committment to promoting use of annual leave, the employer is exempted from the obligation to provide monetary compensation for the unused annual leave (Article 61 of the LSA).
- To qualify for such exemption, the employer should inform individual employees of the number of leave days unused within 10 days from the last three months before the 1-year period for use of leave is exhausted, and call on the employees, in writing, to schedule the use of leave and make a written notice on the schedule to him/herself.
- In case the employee, after receiving the employer's call for use of unused leave, fails to make a written notice on the scheduled use of leave no later than 10 days, the employer should schedule the use of leave and make a written notice on the schedule no later than 2 months before the 1-year period
for use of leave is exhausted.
c. An employer may choose to or not to take an action to promote use of leave, in consideration of the workforce need at the company concerned. In addition, he/she may take such promotional action for particular employees.
- An employee shall use his/her leave on the dates he/she or the employer has chosen, and if he/she fails to use his/her leave on the chosen dates, the employer has no obligation to compensate for unused leave.

i'll forward you a scanned copy of the summarized explanation with Korean verison maybe tonight... also, you can refer to below link for complete Korean Labor Law Explanation.... I encourage you to read them again and again so you can understand them completely...

--> Individual Labor Relations... Click Here

--> Additional reference documents with Korean explanation...Click Here

by inhamiller Fri Aug 08, 2008 8:37 pm

thanks again misterdj.i'll review the korean labor laws.

by dave Mon Aug 11, 2008 9:51 pm

added korean explanation... refer to above posting (last line)... thank you.

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