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Overview of Korean Labor Standards
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• An Overview of the Korean Labor Law
When a foreign citizen accepts employment in another country they are then covered by the applicable employment laws of the host country. When working in South Korea a person does have quite extensive coverage under the Korean labor law, whether they have official visa status or have been employed illegally.
Once a sponsorship visa to a particular school is in place the 'sponsored director' may be required to be accountable for actions a teacher undertakes while living and working in Korea. He is the person who employs you and therefore he is the person who must officially release you from the visa sponsorship. If a person needs to leave their employment prior to the official 12-month term there are a few certain procedures that have to be undertaken to make this a smooth transition.
If however the person understands nothing of the law and the correct process to follow they could find themselves in all sorts of bother, especially if they decide to just run away and look for work elsewhere. Hassles can be avoided if everything can be worked through with your employer and if things are done the correct way.
There are many 'unwritten' cultural and historical ways of working and acting for a Korean person, many of them far to difficult to explain, but if you fail to understand that something that may appear simple, may be in fact very complex, many problems could occur. What would have been easy to do in your own country may be impossible to do in Korea.
The majority of employment disasters happen when both the employer and the employee do not understand each other's position. Many employers do not understand their own Korean laws, or try to blatantly avoid them, and many foreign teachers can enter Korea thinking they are going to do things their way, 'call the shots' and be inconsiderate and demanding.
Some foreigners have even deliberately traveled to Korea on a 12-month visa with the intention of breaking the contract after a few months! There are many genuine 'horror' stories of botched employment and breached contracts. Unfortunately, the market has also seen a number of teachers working in Korea carefully choosing how they can get the best financial deal for themselves for however long it suits them. And then leaving their jobs with not a lot of warning or compassion towards the financial cost of the employer.
Because the employer pays for a teachers air travel to Korea, this can sometimes be seen as a 'quick start to overseas travel.' Most contracts will have a clause that if a teacher does leave before the year is up, they must refund this air ticket cost, but if the teacher decides to suddenly do a 'midnight run' and fly to another country there will be few ways the employer can enforce this! A number of schools in Korea do get 'burnt' because of teachers becoming frustrated and restricted with the commitment to the 12-month contract. Or workplace frustration takes a personal toll and the only solution perceived by the employee is to 'do a runner,' rather than take the issue to a labor court, or to negotiate a solution. Or perhaps at least gain some common ground and understanding of the issues involved and how diverse each other perceptions of the problem might be.
There will also be a number of genuine 'horror stories' from teachers who are just not getting a fair deal from their employers because of the employer's ignorance of the law, and lack of good work ethics.
One critically important thing is that any person intending to travel to Korea should do as much research as they can and find out their rights and obligations.
Read our website thoroughly both before and after departure!
It is important you get advice on the contents of a contract, and any conditions of employment and housing etc. If this is done many of the potential problems can be avoided. Far too many people blindly sign contracts and think all will be well. Until there is a problem and an emergency phone call home to mom and dad with tales of woe and misery!
The first place to seek advice should be from within the workplace, the Korean labor advice offices, and of course the recruiter or agent who arranged the job. If there was no agent involved or if the person found the job themselves many difficulties can arise, because a mediator is often needed to visit or contact the school, and attempt to sort out the situation.
Family and friends also can get too involved in the process and give advice that is caring but sometimes too drastic according to the situation. If the teacher is in an emotional state, family members will often believe everything as portrayed by their child.
This 'child' is in fact an adult, who has independently made the decision to work in Korea in a mature way and hopefully had checked out all the implications. It should not have been a decision made lightly, documents should have been read carefully and legal and medical advice sought.
If this has happened the experience of working in Korea certainly should be an amazing learning curve for any young person, helping them become very mature, 'international' citizens.
Parents and family in your home country would not be able to understand the work situation in Korea and will be relying on emotional messages coming in from their 'precious child' who is in 'trouble' in a faraway Asian country. If a genuine trouble situation has arisen the teacher will definitely need the support and advice of many parties, but all too often things can get emotional and facts get distorted.
There will be many varied and interesting situations that a person will encounter during employment in Korea. Each of these experiences will give feelings of either total frustration, confusion, disbelief or helplessness, but to balance this there will also be the experiences of witnessing special moments and gaining fantastic memories of joy and happiness and making new friendships.
99% jobs do have a reliable pay structure, and the teacher can easily save a lot of money a month. This freedom of finances can also create a few problems a greater disposable income will open up more choices.
The exposure to the 'black-market' of illegal teaching in Korea is certainly a strong pull to many who chose to leave good jobs in search of the lucrative private teaching incomes, or to go to a school that might be able to offer more. Many times the commitment to the employer who first provided a good visa job in a secure environment is forgotten.
The best advice we can offer is to use all of the services available before you go and after you arrive in Korea. Read all of the information given to you and search for information from as many sources as you can. It is important that when a person arrives in Korea (who has used our services) that they are prepared to email or phone World English Service Ltd for advice at any time. We frequently check email messages and can often get advice to someone within hours of it being brought to our attention. It is important that a person knows that help is available for the whole of the 12 months.
Cooperation is important. The support structure does works 'two ways' in that the person we are sending to a negotiated job has to be honest with their intentions and declarations to us regarding working in Korea.
World English Service Ltd has already experienced a few situations that do show a naivety and immaturity as to the employee involved. We have had a few people who have acted selfishly and left their employment without any communication to their employer or us.
In hindsight it is hard to say that it was a bad employment place, especially if no communication had happened and nothing had been brought to our attention about a problem brewing.
We are experienced in negotiating a correct release from contracts, and have full knowledge of the laws applicable to employment. We also have extensive understanding of the Korean customs and business practices. Working out a problem in Korea is vastly different to how it could be done in most other places in the world.
Patience, tolerance and making sure the Korean employer doesn't 'lose face' are crucial to a good outcome. If tempers flare and threats and standoffs occur then it may prevent any suitable settlement.
A person who fails to declare previous medical treatments, criminal convictions, alcohol dependency etc. can be an 'incident looking to happen.' A recent example of this type of situation was a middle aged female teacher we placed into a new school. She hadn't declared the severity of stress she was under in home life and also that had been treated for anxiety disorders in the past few years. Upon arriving into Korea she quickly regressed into a severe paranoid depressive state, suffered frequent anxiety attacks. We were soon alerted to the fact that she had already suffered severe panic attacks on the flight over, thus arriving in a very bad way, after having to have the cabin crew give her oxygen during the flight!
This is certainly not the best way to show your employer you are a going to be a competent teacher! This solution to this situation involved a major coordinated effort from our company and others in Seoul to get this lady the medication needed, and to calm her employer.
- Regardless of your nationality and visa status, every worker in Korea is subject to the labor law and has the right to be protected.
- If an employer intends to dismiss a teacher he must give at least 30 days notice, and if he fails to give this amount of notice he must pay wages for that time. This of course does not cover instant dismissal for major offences and serious breaking of the contract by the teacher. The law does classify 'causing a hindrance' to your employers business as a major dismissal clause. So if you intend to give your boss an ultimatum, such as 'I will not take this class until you do this,' then this will be seen as a threat. Therefore, being a hindrance to the smooth operation of the business and a personal threat to his authority rather than as a pleasant negotiation of a work problem!
- The labor law covers you in the event of a serious unpredicted emergency that requires the employee takes time off work. They are entitled to up to 5 days unpaid leave without the risk of dismissal.
- The labor law is not all that clear about how many sick days should be available for 120 hrs per month contracts. Usually a contract will have 3-5 days sick leave, but sometimes this is only paid at the end of a contract or not paid at all. It is one of the hardest issues to resolve, as no employer is happy to have an employee sick and away from work, as they have no coverage for the classes the teacher would have been taking.
- All kinds of forced labor performed against your will are strictly prohibited. In no case can employers physically abuse you in any way. If you do anything wrong this cannot be used as an excuse to force you do overtime night work, work on a holiday or be subjected to punitive measures.
- No broker or agent cannot embezzle your pay or salary. This means that at no time can your employer demand that any recruitment or agent fee be taken from your pay. Any debt to an agent is the responsibility of the director and agent to sort between them.
- Explanation of your wages at the time of writing your contract. The employer should explain your wages, working hours and other conditions you will be required to undertake. Some minor fluctuations month by month could occur as teaching timetables can change. But if you are suddenly told you must arrive at 6 .30 am to teach a new class that has never been operated before, then you do have the right to ask for consultation on the matter if any scenario like this if is not recorded in your contract. Be aware that for a few weeks of the year 'summer and winter' holiday class periods and 'camps' can cause immense changes in your work hours and class timetables.
- Deductions and savings from your pay. An employer cannot force you to save or deposit a part of your salary or wage. In the event of your resignation or death your employer should pay your due wages within 14 days to either you or your family.
- Details of your employer. It is very important that when you are in Korea you write down the following information; the company's name, address, telephone numbers, name of your employer/director and the name of the person who signed your contract. It is a good idea to hold the business card of your boss. If the employer is part of a larger company or franchise, it is important that you know where the head office is located and who is the contact person for issues relevant to the school you are employed at.
- Security and signing documents. It is very important not to sign anything, or put your stamped fingerprint on any document without knowing the exact content of the document. This may work against you later on. Also, do not ever surrender your passport or air ticket (if you paid for it) to your employer. It is illegal for a Korean to hold the passport of another country's citizen.
- Payment dates. The employer must pay you your full salary or wages in cash or bank deposit, on a specified date every month. This money must be given to you directly, and must be the total amount owed (other than set legal taxes) unless of course you have signed a separate agreement to allow money to be deducted from this pay. An example of a legal contract deduction would be a 'utility or housing bond' that is to be refunded at the end of the contract. The majority of Korean workplaces pay wages monthly.
- Severance pay. All workers who are employed for a 12 month period are entitled to a severance pay (one months base pay for each 12 months worked). Any contract that has no severance mentioned will be covered by the labor law, as the law over-rides mistakes and omissions like this, but you may have to visit the local labor office and ask them to deal with arranging payment for you from your employer. Because something is omitted from the contract, does not mean it is not applicable. If the severance pay mentioned is called a bonus and is an amount different and less than the base pay you are on, it is illegal as per the labor law. Many contracts still have incorrect severance written in them, for example, the base pay is 1.8 million won and the severance bonus is written as 1 million. Also, the severance pay is taxable.
- Emergency closure payments. If for any reason such as fire or flood damage your school has to close for a short time, your employer must pay you 70% of your average wages during this time
- Working hours. In Korea the working week is designated as 44 hours, and the working day is 8 hours. If you work 4 hours continuously you should be entitled to at least a 30-minute break. If you work at least 8 hours you should be entitled to a break of one hour at your convenience. Generally all work for the company including preparation and meeting should be included in the working hours.
- Regular pay and overtime. If you happen to work overtime, nightshifts or on a public holiday you are entitled to extra pay. Your contract should state what this payment would be for overtime hours. Generally, official overtime is 150% of your regular hourly pay, but it is only applicable if you work more than 8 hours in a day or more than 44 hours a week. Because teaching contracts very rarely include this many hours the overtime rate received usually does not match 150% and is often only the same hourly rate as your normal time.
- Monthly and annual paid leave. Technically you should receive one paid leave day per month, but this is based on a 44 hour week (176 hours a month). Teaching hours will usually be considerably less than this, often only 100-120 hrs a month. Each teaching establishment will have it's own way of working out holidays and paid leave and it is important that you check how this is arranged and set out in your contract. Public holidays in Korea are not usually paid.
- Protection of women workers. An interesting fact of the Korean labor law is that the employer must give a female one days paid menstruation leave every month!!! Most employers will be tending to ignore this fact and it is a very difficult thing to prove a female's monthly status and menstruation cycle?? However, if a female is suffering badly from this situation (as many can do) you are within your rights to claim this paid leave. It is not part of any official sick leave. It would definitely not be advisable to decide to have a 'menstruation day' each month by choice, as this would be a sure way to upset your employer. Please think carefully how you deal with any issue regarding menstruation leave, and of course if you are a male teacher. SORRY. You don't get any days off!!!
- Medical and safety checks. Legally your employer can ask you to get a medical examination once a year. The employer of course must pay the full cost of this. Generally this does not happen, but in the event you are asked to attend a medical examination you may be required to be x-rayed and provide the usual specimens in a little jar. If your employer has any suspicions that you are taking drugs or are not healthy this medical examination can be requested, but only once a year. The only time it can be requested every 6 months is if you are in a high-risk job.
- Safety and risk management. Your employer is meant to provide you with 2 hours a month safety education and tell you about safety measure in the workplace. We have never known this to happen, but if you have any concerns about safety practices undertaken at your school, be sure to bring this to the director's attention, and ask him to check for you. Most likely you will be greeted with a look of total confusion, as safety in the workplace is rather hard to find in Korea. The good news is that this is slowly changing. If your school is in an office building have a look around and check the evacuation exits etc. You will most likely find they are covered over or that there is an abseiling like device (complete with rope attached) that you are supposed to throw out the window and climb down!!! These devices still exist in most buildings and attach to the side of a window. Any time you are in your workplace or in a nightclub or underground at Namdaemun markets, take the time to ask look around for the emergency exit. You will most likely be rather horrified when you see what is available (or not available).
- Labor unions. Foreign workers with a correct visa status can become union members under certain situations only. You cannot form your own union group and must always act within the laws of Korea. If you are wishing to get involved in any union activity feel free to check out the union status of your workplace. You will most likely find not a lot of support and cover for any English teachers, and as of January 2003 we are not aware of any legally organized union specifically set up to cover foreign teachers concerns. This means that the best cover a teacher can have is to know some basic labor law information and to know where to seek advice from in the event of needing to get workplace or labor law information. All the big unions are in the industrial and transport areas etc. Although, some smaller unions do join up to bigger unions for support.
- Unpaid wages. If your employer does not pay your full wages on the promised day (this date should be in the contract) you are entitled to go to the labor office and request help. Of course you would not do this if your pay was delayed only a few days, but if you are constantly getting delays and excuses you should look into ways to tackle this. If unpaid wages are less than 10 million won (sorry teachers will definitely be in this bracket!!) your case would be called a 'proceeding for a small sum' and such cases can be settled in a short time of one or two months. If the monthly delays are small, your employer is technically wrong, but you would be best to politely look at ways to help him be more efficient rather than threaten him with going to labor court. Be prepared to have a bit of flexibility. Most cases of unpaid wage claims happen at the end of a contract when often there is not a consensus of what the correct payment should be.
- Violence or confinement. Your employer should never physically harm you or confine you. If this happens he could face a maximum of a 30 million won fine and 5 years imprisonment. It is very common for an angry Korean employer to explode with verbal anger if something has occurred that he cannot deal with calmly. You are best to think carefully of picking the best time to tell your director bad news (especially if you are wanting to leave!!!) as the initial reaction you get may be out of character to his normal personality. Calmly take yourself out of this situation and when all is calmed down use a different approach to talk about the situation. Definitely get advice from our office prior to requesting leave from your contract.
In our experience this is an area of tender negotiation as the employer will initially only see how his classes etc. will be affected and not understand your reasons for leaving. If physical abuse has happened and you have suffered an injury you must immediately seek advice and get statements from anyone who witnessed the event. If you provoked or retaliated with any physical action or hit any other person, the odds of you being seen as the victim will diminish greatly and you may even find that you are the person requested to pay compensation and get 'sued' by the other party.
Design & development by Karere. |
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Escape rope
Window through which to escape
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