In South Korea, where TEFL (Teaching English as a Foreign Language) teachers are an integral part of the educational landscape, labor laws governing annual paid leave are of paramount importance. These laws, defined under the Labor Standards Act, Article 60, dictate the entitlement, accrual, and usage of annual paid leave for employees across various industries. This article explores how these regulations apply to TEFL teachers and examines the practice of schools granting leave during summer and winter breaks.
Annual Paid Leave Entitlement
First, it’s important to note that the provisions regarding annual paid leave only apply to teachers and employees working in workplaces with five or more workers in Korea. Many aspects of the Labor Standards Act (LSA) do not apply to employees in workplaces with fewer than five workers. In such cases, the allocation and regulations surrounding paid leave are typically determined solely by contractual agreements between the employer and the employee.
According to Article 60 of the Labor Standards Act, employees who have worked not less than 80 percent of one year are entitled to 15 days of paid leave. For TEFL teachers who typically sign one-year contracts, this means that during their first year of employment, they can accrue one day of paid leave for each month they work continuously. This provision ensures that even those with shorter contracts receive some paid leave.
However, the law does not allow employers to arbitrarily set the timing for annual paid leave. It is the right of the employee to choose when to use their paid leave. This principle prevents employers, such as language schools, from designating the summer and winter breaks as the default periods for teachers’ annual paid leave without the employees’ consent.
In cases where TEFL teachers renew their contracts with the same employer, they become eligible for the full 15 days of annual paid leave at the start of their second contract year. The underlying intention of the law is to ensure that workers who have completed a year of contract service deserve a well-earned 15 days of time off.
What makes this arrangement particularly noteworthy is that even if a teacher decides to leave the school after just one month into their second contract, they are still entitled to the allowance for those initial 15 days of paid leave. This policy provides flexibility and ensures that teachers can make the most of their annual paid leave entitlement, regardless of the duration of their second contract.
Substitution of Paid Leave
Article 62 of the Labor Standards Act allows employers and employee representatives to reach a written agreement regarding the timing of annual paid leave. This means that if TEFL teachers and their employers agree in writing to designate specific periods, such as summer and winter breaks, for annual paid leave, it becomes legally binding.
It is essential to emphasize that this agreement must not be an informal, verbal arrangement between individual employees and the employer. Instead, it should take the form of a formal, written agreement between the employer and the employee representative elected by the school’s workforce.
Accrual and Calculation of Annual Paid Leave
The accrual of annual paid leave is based on the duration of continuous employment. Here’s how it works:
Employees who have continuously worked for three years receive an additional day of paid leave for every two years of continuous employment, starting from the third year, up to a maximum of 25 days.
For example, an employee with eight years of service would be entitled to 18 days of annual paid leave (3 years = 1 day, 5 years = 1 day, and 7 years = 1 day).
Unused Annual Paid Leave Allowance
When an employee fails to use their accrued annual paid leave during their employment, certain rules apply. The exact amount to be paid as compensation for this unused leave is determined by employment regulations or other relevant guidelines.
For employees currently in service, if they choose not to take their annual paid leave, the compensation for this leave should be paid either just before or immediately after the scheduled date for taking the leave. This is in accordance with labor laws and regulations.
For retired employees, the situation is a bit different. If they did not use their accrued annual paid leave before their employment ended, they are entitled to claim compensation for this unused leave. This entitlement is determined based on their attendance rate during the previous year of employment. To be eligible for this compensation, they must resign the day after completing their last year of work. The compensation should be paid within 14 days of their resignation, based on employment regulations or relevant guidelines.
Please note that if an employee resigns immediately after completing a full year of work, they may not be eligible for compensation for unused annual paid leave, even if they had an 80% attendance rate during that year. This is due to specific regulations governing this scenario.
Conclusion
In summary, TEFL teachers in South Korea, like all employees, are entitled to annual paid leave as stipulated in the Labor Standards Act. While schools may seek to align this leave with summer and winter breaks, it is essential to respect the employee’s right to choose when to take their paid leave. The law offers flexibility for employers and employees to reach written agreements regarding the timing of annual paid leave. Additionally, TEFL teachers have the right to claim compensation for any unused leave days, ensuring that their benefits are protected even if they choose not to take their paid leave during the designated breaks. Understanding these regulations is crucial for both TEFL teachers and their employers to ensure fair and compliant employment practices in the field of education.
