Comments on: Rules of employment for a workplace with 10 or more workers http://www.koreanlaborlaw.com/rules-of-employment-for-a-workplace-with-10-or-more-workers/ iNformation on laws and systems of Korean labor relations Mon, 08 Aug 2011 03:53:17 +0000 hourly 1 http://wordpress.org/?v=3.1.1 By: admin http://www.koreanlaborlaw.com/rules-of-employment-for-a-workplace-with-10-or-more-workers/comment-page-1/#comment-190 admin Thu, 31 Mar 2011 12:19:45 +0000 http://www.koreanlaborlaw.com/?p=14#comment-190 visit this site and download the labor standards act. http://www.moel.go.kr/english/topic/laborlaw.jsp?tab=Standards Article 23 (Restriction on Dismissal, etc.) says "No employer shall dismiss .....any female worker during a period of temporary interruption of work before and after childbirth as provided herein and within 30 days thereafter..." It is not a matter of giving advance notice or not. Pregnant woman should not be fired during maternity leave (90 days) and during 30 days after that based on the labor standards act. If the reason of dismissal is solely your pregnancy (not expiry of your contract), you can file an appeal to the labor relations commission for unfair dismissal. Find a Korean friend and visit with her/him a certified labor attorney (In Korean, nomoosa). They are experts in the area. Don't go to lawyers. Appeals at labor relations commission is better handled by the certified labor attorneys. Just try to find one with at least 5 or more years of experience. Good luck. visit this site and download the labor standards act. http://www.moel.go.kr/english/topic/laborlaw.jsp?tab=Standards

Article 23 (Restriction on Dismissal, etc.) says “No employer shall dismiss …..any female worker during a period of temporary interruption of work before and after childbirth as provided herein and within 30 days thereafter…”
It is not a matter of giving advance notice or not. Pregnant woman should not be fired during maternity leave (90 days) and during 30 days after that based on the labor standards act.
If the reason of dismissal is solely your pregnancy (not expiry of your contract), you can file an appeal to the labor relations commission for unfair dismissal. Find a Korean friend and visit with her/him a certified labor attorney (In Korean, nomoosa). They are experts in the area. Don’t go to lawyers. Appeals at labor relations commission is better handled by the certified labor attorneys. Just try to find one with at least 5 or more years of experience.
Good luck.

]]> By: koreauniteacher http://www.koreanlaborlaw.com/rules-of-employment-for-a-workplace-with-10-or-more-workers/comment-page-1/#comment-189 koreauniteacher Thu, 31 Mar 2011 11:39:28 +0000 http://www.koreanlaborlaw.com/?p=14#comment-189 I just wanted to let you know that I contacted the labour board today about being pregnant. I was told that it is perfectly legal for my employer to fire me due to pregnancy as long as they give me 30 days notice and I have no legal recourses. I was told that the only way the Labour Board could help is if they fired me without giving 30 days notice. Do you know any different? Or know anyone I can contact? I just wanted to let you know that I contacted the labour board today about being pregnant. I was told that it is perfectly legal for my employer to fire me due to pregnancy as long as they give me 30 days notice and I have no legal recourses. I was told that the only way the Labour Board could help is if they fired me without giving 30 days notice.

Do you know any different? Or know anyone I can contact?

]]> 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.

]]> 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?

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