Originally Posted by
Flyoveriraq
lee_apromise;
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."
Thanks, this explains everything. Unfortunately it is not like that.
Western superiority?!?! I will not answer to that. I lived half of my life in foreign countries and always adapted nicely with local culture. What I can say is that amongst majority of nice and cultured people I’ve met, there is always a bunch of idiots thinking that foreigners are evil and stealing jobs from locals......
Then why did you make a comment of my English skills? You certainly presume locals have worse English skills than yours.
I am totally not defending the airline management in Korea, we all know how Cho and Park families treat their employees.
And lets get this fact right. Asiana did get an investor. Hyundai HDC. Was the deal finalized? No. Hyundai HDC informed the creditors and KDB that it wants to start the negotiation from the scratch. Insiders and news reports are saying Hyundai HDC is trying to get out of this deal even by paying the penalty. If this deal doesn’t go through, Kumho is going to collapse as well. Now if Hyundai HDC goes through the deal with the previously agreed price, Hyundai HDC will be sued by its shareholders for the breach of duty because Kumho Asiana Group did not disclose the full debt it carries to Hyundai HDC. What did you expect from Korean conglomerates?
So you guys can argue about getting unpaid leave not specified in the contract. Locals don’t have unpaid leave specified in the contract either. The labor law and the case law clearly states that in case of Force Majuere, unpaid leave is allowed if they were chosen to be terminated anyway.
I wonder how the court or the labor tribunal will think about your case when Asiana is taking unpaid leave from all employees and didn't transfer the employee contribution of national health insurance and national pension system to each respective organization. Sounds familiar? This is what happened to EastarJet employees before the company shutdown.