Annual Leave, Dismissal, and the Rules of Employment: Part 2 of Our Labor Law Series

 Continuing from where we left off, let's talk about something many of us look forward to every year — our leave days. But beyond that, I also want to walk you through what should happen if, God forbid, you're ever let go from your job, and why the company's Rules of Employment matter more than most of us realize.

Annual Paid Leave

Once you've worked for more than 80% of your contracted working days over a full year, your employer is required to give you 15 days of paid leave. If you already used part of your leave during that first year, those used days are simply deducted from the 15.

After your first year, you also start earning one additional day of leave for every two years of continuous service, starting from your third year. The total can go up as high as 25 days once you've been with the same employer long enough. To give you an idea, someone with 10 years of service is entitled to 19 days, and someone with 20 years is entitled to 24 days.

There are also two special situations that still count as work attendance even though you weren't physically working: the time you were unable to work due to an occupational injury or illness, and the time a pregnant worker spent on maternity leave. Neither of these should reduce your leave entitlement.

One more thing worth knowing: unused leave is generally forfeited if it isn't used within a year. But this rule doesn't apply if the reason you couldn't use your leave was actually caused by your employer. In fact, employers are required to notify workers, within the first 10 days of the three months before their leave is set to expire, how many unused days remain, and to ask them in writing to decide when they'll use those days.

Menstruation Leave

This is something many of our sisters don't realize they're entitled to. Upon request, a female worker can be granted one day of menstruation leave per month. Whether it's paid or unpaid can depend on the size of the company and its Rules of Employment, but the entitlement itself should still be there.

When a Worker Is Dismissed

No employer is allowed to dismiss, lay off, suspend, transfer, or reduce the wages of a worker without a justified reason. There are also specific periods when dismissal is not allowed at all — while a worker is on temporary leave for medical treatment due to an occupational injury or illness (and for 30 days after), during the leave period before and after childbirth (and for 30 days after), and during childcare leave.

If an employer does intend to dismiss someone, they are required to notify that worker in writing, stating both the reason for the dismissal and the date it will take effect. On top of that, the employer must give at least 30 days' advance notice before the dismissal takes place. If that notice isn't given, the worker is entitled to be paid more than 30 days of ordinary wages instead.

I know dismissal is a difficult topic, especially for those of us far from home who depend on our jobs here. But knowing these protections exist can make a real difference if you ever find yourself in that situation — it helps you know whether what's happening to you is actually lawful.

Rules of Employment (ROE)

Any employer with 10 or more workers is required to prepare a set of Rules of Employment and file it with the Minister of Labor. These rules typically cover things like working hours, breaks, holidays, leave, wage calculation and payment, family allowances, pensions, meal allowances, protections for pregnant workers, work-home balance support such as maternity and childcare leave, safety and health matters, and disciplinary procedures. If the company ever amends these rules, the employer is required to file those amendments as well.

Knowing that these rules exist — and that they're supposed to be on file — gives us a way to check whether our workplace is actually following through on what it promised us.

A Reminder to All of Us

These protections exist because our labor here is valued the same as any other worker's, even if we come from far away to earn a living. If you ever feel unsure whether your leave, your dismissal, or your workplace policies are being handled fairly, don't hesitate to reach out. Pinoy Sarang will always be here to help you understand your rights.

Next article: we'll move on to retirement benefits and the Minimum Wage Act — what your employer owes you when you leave a job, and the wage floor that protects every worker in Korea.