Comments for Korean labor law http://www.koreanlaborlaw.com iNformation on laws and systems of Korean labor relations Wed, 19 Nov 2008 04:01:51 +0000 http://wordpress.org/?v=2.9.1 hourly 1 Comment on Rules of employment for a workplace with 10 or more workers by Sunny Lee http://www.koreanlaborlaw.com/rules-of-employment-for-a-workplace-with-10-or-more-workers/comment-page-1/#comment-7 Sunny Lee Wed, 19 Nov 2008 04:01:51 +0000 http://www.koreanlaborlaw.com/?p=14#comment-7 If what you mean by pension is "severance pay" or "retirement pension", any private education institute with 4 or more workers should give severance pay (unless it adopted retirement pension scheme) to its worker who worked there one year or longer. I think you will find this <a href="http://www.korealawblog.com/entry/more_advice_for_english_teachers_on_employment_relations_at_korean_hagwon" rel="nofollow">link</a> useful. If what you mean by pension is “severance pay” or “retirement pension”, any private education institute with 4 or more workers should give severance pay (unless it adopted retirement pension scheme) to its worker who worked there one year or longer.

I think you will find this link useful.

]]> Comment on Rules of employment for a workplace with 10 or more workers by Melissa http://www.koreanlaborlaw.com/rules-of-employment-for-a-workplace-with-10-or-more-workers/comment-page-1/#comment-6 Melissa Mon, 17 Nov 2008 15:23:33 +0000 http://www.koreanlaborlaw.com/?p=14#comment-6 Is it the law that hogwan employers must pay pension if there is more than 10 employees? Is it the law that hogwan employers must pay pension if there is more than 10 employees?

]]> Comment on On 40 hour workweek of Korea by Sunny Lee http://www.koreanlaborlaw.com/on-40-hour-workweek-of-korea/comment-page-1/#comment-3 Sunny Lee Tue, 11 Nov 2008 02:00:29 +0000 http://www.koreanlaborlaw.com/?p=6#comment-3 Hi. Is there any relation between working hours reduction and tax refund? As I have no knowledge on this area, could you kindly share your idea? Then, maybe I may find relevant sources and update the post or add comment on them. Hi.
Is there any relation between working hours reduction and tax refund? As I have no knowledge on this area, could you kindly share your idea? Then, maybe I may find relevant sources and update the post or add comment on them.

]]> Comment on On 40 hour workweek of Korea by walter http://www.koreanlaborlaw.com/on-40-hour-workweek-of-korea/comment-page-1/#comment-2 walter Mon, 10 Nov 2008 14:47:21 +0000 http://www.koreanlaborlaw.com/?p=6#comment-2 what about the tax refund..? what about the tax refund..?

]]> Comment on Basic legal requirements for dismissal in Korea by Sunny Lee http://www.koreanlaborlaw.com/basic-legal-requirements-for-dismissal-in-korea/comment-page-1/#comment-5 Sunny Lee Mon, 27 Oct 2008 08:04:07 +0000 http://www.koreanlaborlaw.com/?p=4#comment-5 Dear Mr. Barch, There is no explict limitation on the length of probationary period in the labor standards act of Korea. The act only says that employers do not have to give a prior notice for dismissal to a worker in his first three months of probationary period. (Article 35 of the LSA, and article 15 of the enforcement decree of the LSA). You can check the text of the labor standards text at http://english.molab.go.kr/english/Legislation/Legislation.jsp?grp=1&l_title=Labor%20Standards For your information, the basic position by the Ministry of Labor with regard to the length of probation is that the length should be decided based on the nature of the concerned job and common sense and that it is advised to stipulate it in the rules of employment or the collective agreement. BTW, kindly understand that I made a small change to your comment as it includes a name of a specfic company. Sunny Lee Dear Mr. Barch,

There is no explict limitation on the length of probationary period in the labor standards act of Korea. The act only says that employers do not have to give a prior notice for dismissal to a worker in his first three months of probationary period. (Article 35 of the LSA, and article 15 of the enforcement decree of the LSA).

You can check the text of the labor standards text at http://english.molab.go.kr/english/Legislation/Legislation.jsp?grp=1&l_title=Labor%20Standards

For your information, the basic position by the Ministry of Labor with regard to the length of probation is that the length should be decided based on the nature of the concerned job and common sense and that it is advised to stipulate it in the rules of employment or the collective agreement.

BTW, kindly understand that I made a small change to your comment as it includes a name of a specfic company.

Sunny Lee

]]> Comment on Basic legal requirements for dismissal in Korea by David Barch http://www.koreanlaborlaw.com/basic-legal-requirements-for-dismissal-in-korea/comment-page-1/#comment-4 David Barch Fri, 24 Oct 2008 09:12:25 +0000 http://www.koreanlaborlaw.com/?p=4#comment-4 Dear Sir, I am trying to collect some data on the incorporation of probationary period clauses in the employment contracts that Korean law firms use for their Foreign Legal Consultants. As you may know, probationary clauses are rather common in Korea, but they are typically limited to non-professional employees like secretaries and support staff. I am informed that under the Labor Standards Act of Korea, they are limited to three months and cannot be contracted around, even with the consent of the employee. I would like to confirm this. Not all Korean law firms have probationary clauses, but I know that at XXX, management uses a six-month period for their two-year employment contracts, which would seem to violate the LSA and almost suggests bad faith. Thank you in advance for your help in this project. Best regards, David Barch San Francisco, CA Dear Sir,

I am trying to collect some data on the incorporation of probationary period clauses in the employment contracts that Korean law firms use for their Foreign Legal Consultants.

As you may know, probationary clauses are rather common in Korea, but they are typically limited to non-professional employees like secretaries and support staff. I am informed that under the Labor Standards Act of Korea, they are limited to three months and cannot be contracted around, even with the consent of the employee. I would like to confirm this.

Not all Korean law firms have probationary clauses, but I know that at XXX, management uses a six-month period for their two-year employment contracts, which would seem to violate the LSA and almost suggests bad faith.

Thank you in advance for your help in this project.

Best regards,

David Barch
San Francisco, CA

]]> Comment on Part-time childcare leave allowed from June 22, 2008 by Sunny Lee http://www.koreanlaborlaw.com/part-time-childcare-leave-allowed-from-june-22-2008/comment-page-1/#comment-9 Sunny Lee Wed, 09 Jul 2008 02:29:39 +0000 http://www.koreanlaborlaw.com/?p=24#comment-9 Hi. A worker, to be eligible for childcare leave, should have worked continuously at least one year before the beginning day of the childcare leave. No eligibility requirement exists as to paternity leave, which is three days and basically unpaid unless stated otherwise in rules of employment or collective agreement. Hi. A worker, to be eligible for childcare leave, should have worked continuously at least one year before the beginning day of the childcare leave. No eligibility requirement exists as to paternity leave, which is three days and basically unpaid unless stated otherwise in rules of employment or collective agreement.

]]> Comment on Part-time childcare leave allowed from June 22, 2008 by Sandy Chung http://www.koreanlaborlaw.com/part-time-childcare-leave-allowed-from-june-22-2008/comment-page-1/#comment-8 Sandy Chung Tue, 08 Jul 2008 16:44:11 +0000 http://www.koreanlaborlaw.com/?p=24#comment-8 Would you please advise the eligibility of the childcare leave and paternity leave. For example, the employee should employed by the company for at least 1 year and more. Please advise. Once again, thank you for all your help in advance. Would you please advise the eligibility of the childcare leave and paternity leave. For example, the employee should employed by the company for at least 1 year and more. Please advise.

Once again, thank you for all your help in advance.

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