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To Readers:
It has passed more than 4years
since we published 'The Foreign
Workers' Handbook'(called as
Greenbook) which offered useful
information to migrant workers.
As the years passed, there have
been some changes with the rules
concerning migrant workers.
So we felt that book had to
be revised. This guidebook consists
of information which will guide
your living in Korea and the
protection of the rights as
workers of migrants. We hope
that this guidebook will help
every migrant workers and to
protect their human rights.
This Guide Book has gotten help
from 『Migrant Workers Pocketbook』
published by Catholic Diocess
of Suwon in 1994, and 『Foreign
Workers' Handbook』 published
by Labor Policy Institute in
1995, 『Manual For Migrants』
published by Catholic Diocess
of Yokohama Solidarity Center
for Migrants in 1997. I give
thanks to all activists who
had made formal manual book
and Mr. Kim Kwang-mo and Thess
Manangan for working such as
translation and proofreading
of this guidebook.
| Jeong
Gue-sun, president of FWR
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1-1
Entrance |
About 100,000 migrant workers left Korea
starting late 1997 in lieu of the economic
crisis and the IMF bailout package. As soon
as the news about the recovery of the Korean
economy spread, the entrance of migrant
workers is increasing again. In late February
1999, 152,121 migrant workers (46,547 industrial
trainees and 105,574 undocumented workers)
were staying in Korea.
Foreigners' entrance into Korea is accomplished
by passing the entrance inspection process
of the immigration office. If there is a
visa exemption agreement with the related
country, the process of entrance into Korea
is so simple. However, although most of
Asian countries had made this kind of agreement
with the Korean government, it actually
has demanded their visas in entrance after
the increase of the number of illegal stayers
in Korea.
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I'm a Pakistani who was deported following
a crackdown of illegal stayers by
the immigration office. I had been
staying illegally in Korea for 2 years.
I want to go to Korea as a trainee
again. Is it possible?
Immigration Control Law in
Korea ordains that a foreigner who
stayed in Korea illegally cannot enter
the country again within 5 years.
So if you don't receive an order from
the Minister of Justice due to a special
reason, it is difficult for you to
enter to Korea again within 5 years
(Immigration Control Law 10-6)
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1-2
Stay Qualification |
Now the legal stay qualification of migrant
workers is just entitled to industrial trainees(D3
visa). There are two ways to acquire the
formal training qualification. One is to
enter into Korea as an industrial trainee
through an in his/her country under the
management of Korea Federation of Small
Business(KFSB). The other is to enter into
Korea for the purpose of training as the
employee of an overseas Korean company.
In the case of industrial trainees, they
can prolong their stay period allowed for
another year twice and can stay for at most
3 years. In addition, since some part of
the former Industrial Trainee System was
revised in 1997, when a person passes the
qualification examination after his/her
industrial training period for 2 years expires,
he/she can receive E-8 visa(training employment
visa) acquiring the legal employment visa.
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Article 24-5 in the Immigration
Control Law(concerning training employment)
① The person who
wants to receive the alternation allowance
of stay qualification due to the stipulation
about Industrial Trainee Management(Article19-3),
should - Pass the technique qualification
examination due to the National Technique
Qualification Law or Technique Qualification
Examination corresponding with this.
- Have trained for 2 years as an industrial
trainee at the industrial training
company - Have the qualification for
training employment according to the
chief of administrative institutions.
② The person, who receives the alternation
allowance of stay qualification as
the qualification of training employment
due to the stipulation of Article,
should work for the company where
he/she originally worked as a trainee.
Only when the chief of that company
agrees or permits, the law is not
apllied to the person.
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The stay qualification
ordained by Korean Government is
as follows: |
<VISA CLASSIFICATION>
(Stipulated by the Immigration Control
Law ; last revision on February 26, 1999)
Thirty two categories of visa status exist
in which foreigners are required for admission
into Korea.
This applies to foreigners
on diplomatic missions of the countries
recognized by the Korean Government, consular
officers assigned to represent their countries
in Korea, foreigners granted privileges
and/or immunities equal to diplomatic mission
in accordance with treaties or international
customary practices, and their immediate
family members. They are able to maintain
the status during their mission. (Follow
the agreement between inter-nations)
This applies to foreigners
who carry out official service of the countries
or international organizations recognized
by the Republic of Korea, and their immediate
family members. They can maintain the status
during their tour of duty. (Follow the agreement
between inter-nations)
This was created to
apply to foreigners who are exempted from
alien registration or deemed necessary to
exempt from it according to the agreements
with the Republic of Korea, and their immediate
family members. They can maintain the status
during their term of office or during the
period of sojourn designated by the agreement.
(Follow the agreement between inter-nations)
This was created to
allow nationals of the countries which have
made visa waiver agreements with the Republic
of Korea to do activities under the agreements.
However, income-generating business, or
paid activities in Korea are excluded. They
can maintain the status during the period
of sojourn stipulated by the agreement.
(Follow the agreement between inter-nations)
This applies to foreigners
who desire to visit Korea without a visa
for pleasure or transit. They can be allowed
to stay up to 30 days.
| 6.
Temporary News Coverage (C-1) |
This applies to foreigners
who want to engage in temporary news coverage
or report activities. They can be allowed
to do their duties up to 90 days.
| 7.
Short-term Business (C-2) |
This category is available
to foreigners who are going to engage in
marketing research, business liaison, on-the-job
training, counselling, contract, pilot operation
of export-import machines as well as installment,
repairs and inspection on them during a
short period of time. They can be permitted
to stay up to 90 days.
| 8.
Short-term Visitors (C-3) |
This category applies
to foreigners who visit Korea for pleasure,
transfer, medical treatment, relative-visiting,
goodwill match, events, conference, cultural
art, training, religious ceremony, academic
data-gathering, and for other purposes similar
to the above during the short period of
time. However, profit-making activities
are excluded. Foreigners who have this status
can be allowed to stay up to 90 days.
| 9.
Short-term Employment (C-4) |
The C-4 visa applies
to foreigners who wish to employ themselves
on temporary entertainment, model for advertisement
and fashion, lecture, research, technique-instruction
and so on during a short term. The maximum
period of their sojourn is 90 days.
This visa is available to foreigners who wish
to be occupied in academic or art activities
which are not for the purpose of profit-making.
This category includes foreigners who long
for professional research or being instructed
Korean traditional culture or art. They can
be granted up to the one year-period of sojourn
and it can be extended. (up to 2 years)
This visa category is designed for students
who wish to pursue academic courses of study
or research at junior colleges or higher educational
institutions or educational/scientific research
organizations. The visa may be granted up
to the period of two years and the period
may be extended.
| 12.
Industrial Trainees (D-3) |
The D-3 visa is available to individuals who
will participate, in industrial companies
in the Republic of Korea, in a formal training
program which is supervised by the Ministry
of Justice. (up to 2 years)
| 13.
General Trainees (D-4) |
This visa category is reserved for foreigners
who are coming to Korea to be trained or educated
by educational institutions or organizations
other than organizations under the D-3 process
described above. The D-4 visa does not involve
individuals who receive money from training
organizations or have the D-3 visa. The period
of their stay will be up to one year and it
may be extended, if necessary. (up to 2 years)
| 14.
Residence Reporters (D-5) |
Foreigners who are visiting Korea to work
on behalf of foreign information media such
as foreign newspaper, television, magazine,
and other reporting organizations while stationed
in Korea may be eligible for this D-5 classification.
They can stay up to two years and their period
of sojourn can be extended. (up to 2 years)
| 15.
Religious Workers (D-6) |
The D-6 visa must meet the following qualifications
:
(a) individuals who wish to be engaged in
religious activities for Korean branches or
pertinent religious organizations as members
of religious or social welfare organizations
in foreign countries.
(b) individuals who are invited by religious
or social welfare organizations in Korea in
order to do activities on social welfare or
religion.
This visa may be granted up to the period
of two years and the period may be extended.
(up to 2 years)
| 16.
Intra-Company Transferees (D-7) |
The D-7 visa is granted to professional personnel
who are transferred to branch offices, affiliated
companies or resident offices in Korea from
foreign companies abroad, with over one year
of service in head offices, branch offices
or other business offices of foreign ones.
This visa may be granted up to the period
of two years and the period may be extended.
(up to 2 years)
| 17.
Treaty Investors (D-8) |
This category is available to foreigners who,
as professionals of foreign joint venture
companies, wish to engage in the field of
manufacture and technology as well as its
management. The D-8 visa include those who
are dispatched to the company as managers
or technical experts, except for foreigners
who are hired in the Republic of Korea. The
period of this visa is the same as that of
D-5, D-6, and D-7. (up to 2 years)
D-9 visa is available
to foreign professionals who desire to carry
on an enterprise or participate in trade
and other commercial enterprises after founding
their companies in the Republic of Korea.
This category includes foreign citizens
who wish to work for private or public organizations
in Korea in order to install/repair of import
machinery and so on, or supervise building
ships and industrial plants, except for
individuals hired in Korea and treaty investors
under the D-8 status. This visa may be granted
up to the period of two years and the period
may be extended.
This category applies
to foreigners who, as qualified individuals
specified by the Educational Law, wish to
instruct special fields of study or engage
in the guidance of research at junior colleges
or higher educational institutions, or the
institutions corresponding to such levels.
It is possible to extend the period of their
stay, if necessary, beyond the maximum period
of two years.
| 20.
Teaching Foreign Languages (E-2) |
The E-2 visa is available
to individuals who have the qualifications
specified by the Ministry of Justice and
desire to instruct foreign languages at
foreign language institutions, educational
institutions of elementary school and higher
levels or their annex language research
institutions, or language training institutions
attached to public/private companies or
broadcasting stations, or other institutions/organizations
corresponding to such institutions as described
above. They can stay for one year and be
extended if necessary.
E-3 visas are granted
to foreigners who, as individuals, are invited
by public or private institutions of the
Republic of Korea, want to be occupied with
study or research in the area of natural
science or research and development of sophisticated
technology in industry. This category does
not contain individuals who apply to E-1
status. They can be granted up to the period
of two years and the period may be extended.
(Follow the individual agreement)
| 22.
Special Technology-Instruction (E-4)
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This visa category
applies to foreigners who wish to work at
the invitation of public or private institutions
in the Republic of Korea with a view to
offering technical knowledge in the area
of natural science or special technology
involved in specialized fields in industry.
(Follow the individual agreement)
| 23.
Specialty Occupations (E-5) |
“Foreigners in specialty
occupations” who have qualifications for
a lawyer, certified public accountant, medical
doctor or other individuals who are qualified
for specialty occupations, and wish to be
involved in such speciality occupations
as law, accounting, medical services and
so on may be eligible for E-5 classification.
Please note that individuals who fall under
E-1 status are excluded from this category.
(Follow the individual agreement)
| 24.
Arts and Entertainment (E-6) |
This E-6 visa is available
to foreigners who, for the good of profit-making,
wish to be engaged in art activities such
as music, art, literature and so on, and
such activities as entertainment, performance,
play, sports, advertisement, fashion modeling,
and other occupations corresponding to those
above. The maximum period of stay is six
months and may be extended.
| 25.
Other Particular occupations (E-7) |
This visa category
applies to foreigners who desire to work
for public or private organizations as a
cook, teacher of schools for foreigners
only, etc., other than those in E-1 status
through E-6 status. (Follow the individual
agreement)
| 25의
2. Industrial Trainees Employment (E-8)
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This visa is available
only to those who meet the qualifications
that are stipulated in the presidential
decree, among the industrial trainees who
have completed their two-year period training
with no serious mistake such as runaway
and the like. They can stay in Korea up
to one year.
| 26.
Visiting and Joining Families (F-1)
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F-1 visas are granted to foreigners who wish
to stay in Korea to visit their relatives,
join their families, be supported by families,
help with household affairs or with other
purposes corresponding to those above. This
visa category involves the following individuals
: (a) those who wish to help with domestic
affairs of diplomats stationed at their embassy
or consulate ; (b) those who wish to temporarily
stay with their families or relatives having
A-1, A-2, A-3 status or having alien registration
completed ; (c) those who wish to stay for
a long period of time without participating
in employment activities ; and (d) those who
have not been granted the F-2 status as a
wife/child of a person having F-2 status.
The maximum period of stay is two years and
may be extended.
This visa category is available to individuals
(including spouse and children) who have continuously
lived with their permanent address in the
Republic of Korea. This visa also includes
the following category : (a) Children who
have F-2 status ; (b) A woman who, as a wife
of a Korean national, has never acquired a
Korean nationality before (c) A woman who,
as a wife of a person having F-2 status, has
continuously stayed for more than one year
in Korea (d) Individuals who have especially
contributed to the Republic of Korea or who
have valid reasons to continuously stay there.
Individuals under this visa may stay in the
Republic of Korea up to five years, and the
period may be extended.
| 28.
Dependent Families (F-3) |
F-3 status may be granted to individuals who
meet the following requirements : (a) A spouse
of a person who applies to one of D-1 status
through E-7 status ; (b) Children, underage
and unmarried, of the person described above.
However, individuals who are involved in D-3
status are excluded from this visa. (Follow
the stay period of spouse)
| 28의2.
Korean Residents Abroad (F-4) |
This visa category is reserved
for the Korean residents abroad whom the Minister
of Justice permits to stay in Korea for special
reasons.
This visa is available to foreigners who are
not eligible for A-1 status through F-3 and
H-1 status. This category contains the maximum
period of stay of one year.
| 30.
Working Holiday (H-1) |
A national of countries which made agreements
or memoranda on “Working Holiday” with the
Republic of Korea is entitled to apply for
this visa. The young foreigners may be engaged
in short-term working activities while in
Korea only to meet their expenses for sightseeing,
unless they are engaged in the work fields
contrary to the purport of the agreement/memoranda
or the fields stipulated by domestic laws.
He or she may be allowed to work within the
period provided by the agreement.
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1-3
Departure |
In order to leave the country, there are
two things you should carry with you, your
passport and your air ticket.. When your
passport has expired (due to overstaying
in most cases) you should get a new passport
or a travel document by the embassy. There
will not be any problems for leaving if
you are a legal stayer, however, there a
lot of restrictions given to those who enter
the country with tourist visas, those who
overstay their designated term or trainees
who escape from the original company. In
this case, the best way is to depart from
Korea on the occasion of 'voluntary departure
term (penalty exemption period)' oor amnesty
period designated by the government. Otherwise,
the Immigration Office levies a fine for
violating the Immigration Law. The amount
of fine is generally 1,000,000 won per one
year's illegal stay. Though, if you have
a serious problem - diseased, injured and
being treated-, you are exempted from paying
fine. So in this case, you'd better keep
in touch with the migrant supporting centers
for aid. If an illegal stayer is arrested
during the cracking down period, he/she
is deported after being detained. (In this
case, detention is considered to be substituted
for paying the fine.)
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I am a Filipino who came to Korea
in 1997. After working as a trainee
for one year, I transferred to another
company where my friend worked. I
have to go back to the Philippines
as one of my family is sick. What
can I do?
Illegal
staying is a violation of the Korean
Immigration Control Law. Violators
are punished by the governmebt in
two ways. One is levying a fine. If
you want to go back home right now,
you can depart from Korea by paying
the fine at the Immigration Office.
The other one is detaining by crack
down. In this case the illegal stayer
is supposed to stay in the detention
facility for some time before being
deported. His/her the employer is
also levied fine. But, if you leave
during the voluntary departure period
set by the Korean government for the
purpose of reducing the number of
illegal stayers, you can leave Korea
without paying penalty. In any case
it is best for you to seek advice
from a professional counsellor for
the problem of departure.
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2-1
Labor and Health |
1)
What is Labour Law?
Regardless of nationality,
every worker in Korea is subject to its
labor laws and has the right to be protected
by the law. Also, these laws apply to the
industrial trainees as well as the illegally
staying workers. Particularly, the Labor
Standard Law is designed to protect workers
by setting the minimum labor standard. While
it is fortunate for workers to sign a contract
which provides conditions above the standard
set by the Labor Standard Law, a contract
which provides conditions below this minimum
condition is invalid and is applied the
minimum standard of the Labor Standard Law.
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As the Labor Standard
Law is an important guide in order to
protect the rights of migrant workers,
you should be familiar with it. |
2)
The basic content of Labor Standard Law
Prohibition of
Discrimination
An employer shall not
discriminate against workers by sex, or
take discriminatory treatment in relation
to the condition of employment according
to nationality, religion or social status.
(Article 5 of Labor Standard Law). According
to this article, no migrant workers, including
industrial trainees and undocumented workers
can be discriminated. Also, the ILO's 110th
clause stipulates that one can not be discriminated
against in terms of employment based on
race, sex, color, religion, political opinion,
ethnicity and social background.
강제노동금지, 폭행 금지
An employer shall not force a worker to
work against his own free will through the
use of violence, intimidation, confinement
or by any other means which unjustly restrict
mental or physical freedom (article 6).
An employer shall not resort to violence
or batter a worker for the occurrence of
accidents or for any other reason (article
7). Even if a migrant workers commits a
wrongdoing, this can not be a reason for
forced labor, violation, detention. Also,
employer can not prohibit the going outside
and force overtime work, night shift work
and work on holidays or days off. If you
are violated and detained, you have to launch
a countermeasure in connection with a counselling
office, aid organization for migrant workers
listed in this book. Because any counselling
offices can provide the sleeping facilities
temporarily, you must go to them without
hesitation after running away if you are
involved in such a case. If you are hurt,
you can not only be cured by the medical
assistance office but also sue or demand
compensation from the person who hurt you
for damages with a medical certificate.
Most undocumented stayers don't launch any
countermeasures because of fear of arrest
and forced departure with arrestment. However,
if they sue the person with the help of
a counsel·aid office, they don't have the
hazard of arrest and forced departure.
Elimination of
Intermediary Exploitation
Nobody shall neither
intervene in the employment of other person
for the purpose of making a profit, nor
gain benefit as an intermediary unless otherwise
provided by law (article 8). Those who do
so and receive a brokerage fee or commission
for their informal labor introduction or
take a part of salary or wages are punished
at a maximum fine of 30 million won and/or
maximum imprisonment of five years. Especially
in cases when the broker continues to take
a part of migrant workers' salary under
the excursion that they didn't receive a
brokerage fee or received a little fee.
Such mid-term exploitation are to be punished
by the law. You, migrant workers should
be taken by a broker and if you are exploited
by that broker, please contact a counselling
office and solve this problem.
3)
Labor contract
Indication of labor
condition
At the time of making your employment contract,
the employer must explain your wages, working
hours, and other conditions (article 22).
If you find differences between your working
conditions and your employment contract,
you can cancel your contract at any time
and demand compensation (article 23). Verify
following conditions:
① What is the nature of your work? Is it
dangerous? What kind of safety system is
in your workplace?(It is required that you
confirm those directly.)
② What are your working hours?
③ Whether or not you have to work overtime,
night shifts and holidays and/or days off.
If so, you should find out how long you
have to work and whether or not your agreement
is necessary.
④ When is your break?
⑤ What is your wage based on an 8-hour working
day?
⑥ Whether or not you will get paid for working
overtime, night shifts and holidays.
⑦ Find out the date of wage payment, the
time of wage increase and the method of
wage increase. Also, whether or not the
company deposits a portion of your wage.
⑧ How much is your pension? ⑨ Find out about
your housing conditions.
⑩ How is eating arranged?
⑪ Whether or not your food is provided for
free by the workplace.
⑫ Whether or not you are allowed to go outside
on your days off or holidays.
⑬ Other points of interests.
You must put your
labor contract in writing.
As to the labor condition confirmed above,
you should make 2 copies of labor contract
paper and keep one labor contract paper
by yourself necessarily. Although an oral
contract is valid, it is difficult to verify
the contract content in the case of controversy
later. It will be better if your company
to make the labor contract paper in English.
If it is difficult for your employer to
make the labor contract paper in English,
please bring your contract paper written
in Korean to the counsel·aid office and
check necessarily whether your contract
paper is exact or not. It is necessary that
you write down the company address, contact
number, the name of the employer, the officer
who made the contract and so on. Or you
may keep their name cards. Also, it is stated
that the contract content about the concrete
labor condition should be changed every
year (article 12). Accordingly you can demand
one wage increase per 1 year at least and
also demand the improvement of the labor
conditions.
4)
Things to remember before signing a labor
contract
Choose a good workplace
It is most important to choose a good
workplace. You can choose your workplace
by thoroughly checking whether or not there
is a habitually delayed, unpaid wage and
if there is dangerous work causing company
accident continually or what kind of safety
system is there in the workplace, how are
the housing conditions, how food is provided.
You can be laid in a much more difficult
situation when you face an accident or when
you are not paid your wage if you get a
job unconsidered because you had to seek
a job as fast as possible. Since 1999 it
has been stipulated that the Standard Labor
Law must be applied to all work places.
However, considering the capacity of wage
payment and industrial safety, you have
to keep in mind that working for companies
less than 5 can cause a disadvantage.
The point you must
remember
It is very important not to sign anything
or finger print on any document without
consideration. If you sign a paper without
knowing its exact content, it may work against
you later on. Also, do not surrender your
passport or airline ticket to your employer.
Even if your employer insists on holding
them, it would be best to keep them with
you at all times. You can however give a
photocopy of your passport and/or airline
ticket to your employers.
|
2-2
Wage |
1)
The principal of wage payment
Payment of wages shall be directly made
in full to the worker in cash (article 42).
The employer can not cut off your wages
even if you had to stop your working due
to machine troubles or any other reasons.
In no cases should your wages be given to
other people including your brokers or agents
who introduced you. Because wage is workers'
only means of living, the law defined a
regular principal. ① Direct payment: Wage
must be given to the worker directly. because
your wages must be protected from being
taken by other people. ② Payment of total
wages: This is to prevent problems arising
from forced savings of your wages. Many
employers have not paid total wages in order
to hold workers in their workplaces. ③ Payment
by cash: Your wage should be paid in the
form of cash or check that can be exchanged
for money. You should not receive things
or objects in lieu of cash. ④ Payment of
wages on a fixed day every month: Wages
shall be paid once per month on a fixed
day.(article 42) This is to prevent delayed
wages which can bring serious discomfort
to the workers
2)
Minimum Wage
The Minimum Wage Law
is to stipulate the Wage Standard which
workers must receive at the minimum to make
a living. The Korean government set a Minimum
Wage Law. The minimum wage for the period
is 1, 600
won per hour, 12,800 per day and 361,600
won per month in the standard of working
8 hours a day, 44 hours a week. Even if
the wage is set below the minimum wage,
it is null and applied to the sum of the
minimum wage (Minimum Wage Law: article
6).
3)
Payment in cases of emergency and factory
closure
An employer shall advance
partial payments of wages for the work offered
even prior to payday, if a worker requests
to do so in order to meet the expenses incurred
from childbirth, disease, disaster or any
other cases of emergency which are provided
for in the Presidential Decree (article
44). If a business is suspended for reasons
attributable to an employer, the employer
shall pay to workers concerned remuneration
of more than seventy percentage points of
average remuneration during the period of
suspension of the business (ibid. article
45).
4)
The prohibition of indemnity and offset
The prohibition
of indemnity
An employer shall not enter into any contract
by which a penalty or indemnity for possible
damages incurred from non-observance of
a labor contract is predetermined (article
27). Because this penalty inhibits workers
from moving to different working site, it
is prohibited by law. Though it would be
wise not to make such contracts in advance,
you do not need to worry about this even
if you had already signed such a contract
because it is invalid.
Offset
An employer shall not enter into a contract
incidental to a labor contract which stipulates
compulsory savings or the management of
savings (article 29). Even if you borrow
some money from your employer or must pay
broker/agent brokerage fee, the employer
can not offset brokerage fee and the borrowed
money from the workers' wage compulsorily.
It is stipulated that an employer shall
not offset wages in advance or other credit
given in advance on condition that a worker
offers work (article 28). All of the wage
must be paid to workers
unconditionally. If a worker dies or retires,
an employer shall pay the wages, compensations,
and other money or valuables within 14 days
after the cause for such payment has occurred
(article 36).
5)
Prescription
of Wages
A claim for wages under the provisions
of the Labor Standard Law shall be terminated
because of prescription, if not exercised
within 3 years (article 48).
|
2-3
Working hours and break |
1)
Working hours
Working hours is defined as the time you
spend doing company work at a workplace
from attendance to leaving, excluding break
time. Accordingly, meeting, preparation
for work, cleaning and other related hours
are included in the working hours. The working
hours for one work day should normally be
no more than 8 hours, or 44 hours a week.
If you agree to overtime working, you can
work overtime totalling not more than 12
hours a week (article 52). Also, An employer
shall allow a recess period of more than
30 minutes for every 4 working hours and
more than 1 hour for every 8 working hours
during the working hours (article 53). As
to this break time, wage can not be paid.
2)
Allowance
for working overtime, night shifts and on
holidays
Workers should receive wages equivalent
to 150% of workers' ordinary wages, when
workers work more than 8 hours a day or
44 hours a week. This also applies if workers
work the night shift or work on holidays
or workers' days off. In the case of night
shift (this means the shift between 10 p.m
and 6 a.m), 50% of workers' wage is added(article
46). In order to receive these allowances
properly, workers should maintain a record
of hours they worked each time. It would
be quite useful to keep all their receipt
of payment, including the envelop that comes
with their wages.
3)
Paid day-off
Employer should give
the workers who worked continuously for
1 week a paid day-off per week (article
45). Paid day-off literally means wage should
be paid even on a day without working. Paid
day-off is mostly allowed on Sunday. Also,
even if they do not work overtime or on
holidays, it has no relation to this clause
and so they have to receive a day-off. Accordingly
if workers work on days they are supposed
to be off, then they are entitled to 150%
of their regular wage.
4)
Monthly
and annual paid holidays
The employer should grant one day's paid
holiday per month to the worker who has
worked continuously for a week (article
47). Also, the employer should grant 10
days' paid holidays to the worker who had
a perfect attendance record throughout the
year or 8 days' paid holidays to the worker
who had attended more than 90% of the total
working days that year. For each full year
that the workers have worked at their company,
they should get one day extra of paid holidays
in addition to the basic annual paid leave
(article 48). For instance, a person, who
worked for more than 3 years and has not
missed work for over one year, is entitled
to 10 paid holidays plus two additional
leave days, totalling 12 paid leave days.
5)
Using
of monthly paid leave and vacation
It is entitled on workers' voluntary will
that they choose how and when they use monthly
paid leave or vacation within a year. If
workers continuously get leave days, then
the workers are entitled to 100% of additional
allowance rate.
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2-4
Protection of women workers |
An employer
shall allow a female worker one-day's menstruation
leave with pay per month (the Labor Standard
Law article 71). Also, an employer shall
allow a pregnant female worker 60 days of
maternity leave with pay before and after
childbirth. In this case, however, more
than 30 days of maternity leave with pay
shall be allowed after childbirth (ibid.
article 72).
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2-5
Safety and health |
According to the Industrial Safety and
Health Law, employers are required to provide
all the necessary conditions for safe working
environment. The most important thing to
consider in order to prevent industrial
accidents is to establish a safety facility
which includes safety devices. If workers
feel that accidents could occur in the workplace,
workers should request their employer to
install safety devices. Needless to say,
maintaining one's health and life is of
paramount importance. Even if workers are
entitled to compensations for their injuries,
they can not change the fact that lost health
or life will not ever return. Workers must
pay special attention to maintaining health
and should request precautionary measures
from their employers. For the sake of workers'
safe and health, employers must do as follows:
① The employer must provide a newly hired
or newly transferred worker with training
on safety. ② The employer must provide 2
hours training on safety every month. ③
It is stipulated that the employer provide
medical check-up to workers more than once
a year. ④ The employer must provide special
medical check-up for workers working at
dangerous and harmful working environment.
Of course, the employer must pay the medical
(check-up ) bill.
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2-6
Retirement |
1)
Retirement
When there's a contract,
workers are to retire when their contract
expires. Sometimes workers have to stop
their working before their contract expires.
In this case workers have to disclose their
intention of retirement to their employer.
Generally the intention to retire should
be disclosed one month before. Except for
unavoidable cases, however, it is desirable
to inform one's retirement at least 2 weeks
before.
2)
Retirement
allowance
All workers who were employed for a year
are entitled to receive retirement allowance,
which is required by the Labor Standard
Law. The employer who hires over 5 workers
must pay to the workers who worked over
a year retirement allowance, which should
be at least one month's average wages (30
days wages) for every year, when the workers
retire from the company (at least within
14 days) (ibid. article 34)
|
the
total of wages paid to the worker
for 3 months before the retirement
|
| Average
wage = |
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Entrance and
Deportation