Originally Posted by
Flyoveriraq
Again, even with a proper english you seem to avoid answering, but that’s all normal considering the level of arrogance showed in your post and previous ones....
I am proud to be a contractor and I choose it. I knew exactly what to expect and how.
I am not asking for korean unemployement, I am not asking to be paid instead of a local pilot, I am asking to have a fair dismissal if my services are not required anymore.
It is unjust, and extremely malicious, to avoid assuming responsibility on these terms and keeping expat pilots Unable to exercise their rights.
Do I sense of western superiority of yours because you presume my level of English is lower than yours? And what did I avoid to answer?
Korean Labor Code
Chapter 2
Article 26: requires employer to give the employee at least 30 days notice for the termination of the employment. If 30 days notice is not given, the pay in lieu of 30 days must be given to the employee except in the circumstances of Force Majeure.
Article 27: requires employer to give a written notice of termination of employment
Article 28: employee may file for a grievance to the National Labor Relations Commission for unjust termination of employment within 3 months of the termination of the employment
Ministry of Labor's interpretation of "Article 24" (근기 68207-780, 2001.3.8) does explain why forced unpaid is justified.
The ministry's interpretation of the Article 24 is:
"Article 24 states that the employer must try to avoid termination of the employment however should the need to terminate the employment arise, there should be a fair standard and process of employment termination and choose the employees to be terminated based on the fair due process. However, if the employer forces unpaid leave upon employees to save as many jobs as possible, ultimately this is for the benefit of employees. The forced unpaid leave may only be allowed if there was a severe economic hardships of the business enterprise. The forced unpaid leave may only be awarded upon those who are chosen to be terminated based on fair and reasonable process and methods."
Look, as much as I don't want fellow aviators to lose jobs and go into financial hardships but the reality is the reality.