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Teachers headed for final court battle over employment status (Koreal Herald, January 13, 2015) |
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Teachers headed for final court battle over employment status
강남노무법인이 코리아헤럴드 신문에 나왔네요. 역시 영어사용의 힘이라고 생각합니다.
Published: 2015-01-13 21:33
Updated: 2015-01-13 21:33
Dozens of teachers who worked at Chungdahm Learning academies are preparing for a final court battle over pay and conditions, after the company appealed a ruling recognizing them as employees, rather than contractors.
Employee status would grant the teachers the right to certain benefits, such as holiday and severance pay.
In its ruling in November, which followed a similar one by a lower court, the Seoul High Court awarded each of the 24 teachers between 4.18 million won and 48 million won ($3,800 and $44,300) in compensation, based on time worked in the three years leading up to the application. Money owed from before that point cannot be claimed due to statute of limitations rules.
Chungdahm argues that the teachers were independent contractors, as described in the contract, but previous rulings have found that this situation does not comply with labor law, as Chungdahm controlled the rules, place and hours of employment, and in some cases sponsored teachers’ employment visas.
If confirmed by the top court, the ruling would affect other institutes that hire teachers as contractors. Contractor status allows greater employment flexibility and eliminates the requirement to pay out benefits, such as severance, pension and health insurance payments.
If the cost reductions are shared with employees, the resulting higher salary and increased flexibility could also be an attractive option for some teachers, particularly those from countries whose pension systems do not allow them to claim a refund when they leave Korea.
Eighteen more teachers have joined the suit since the last ruling, and the teachers’ law firm, Kangnam Labor Law, is looking to hear from more before it makes its final application on Feb. 1.
By Paul Kerry (paulkerry@heraldcorp.com)
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99
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98
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Korean labor books selling at App - 13 publications with 10% discount and free delivery
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97
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96
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Korean 500 labor precedent cases were uploaded in App contents - it is a great job ever made in App
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95
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94
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92
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New edition: Manual on Working Hours, Holidays, and Leave
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91
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90
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89
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Korean labor law magazine- Labor Cases - Winter 2023, 64th edition - which includes labor cases
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88
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87
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Seminar on Support and Development Strategies for Labor-Management Relations in Foreign-Invested Enterprises in 2023
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86
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85
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publication of second edition, Wage Manual
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84
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83
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Korean wage manual’s 2nd edition is ready to be published. Soon, its 2nd edition will be available.
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82
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81
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Korean labor law: rules of employment - automatic preparation of the rules of employment in the app
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80
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