Unpaid “vacation” (the word “vacation” in the labor law
reflects the term of the “
day-
off”, ”
rest”, “
leaves”, “
not work”, “
official holiday” and the likes). The unpaid “vacation” supposed to
be
the day other than (i) the paid “
day-off”
as may be agreed under the related working agreement or company regulation (if
applicable); or (ii) the paid “vacation” ~ the paid “
day-
off”, ”
rest”, “
leaves”, “
not work”, “
official holiday” and the likes under
the labor law as follows:
Article 79
-
1-day off
for 6-day work schema or 2-day off
for 5-day work schema within a week.
-
Annual leaves
at least 12 work days a year after the 12-month of working.
-
Long leaves
at least 2-month, to be utilized at the 7th and 8th year
(1-month each) after a consecutively 6-year of working (by taking this the
worker can not utilize his/her annual leaves
during such 2-year (7th and 8th), such long leaves in multiple 6-year of working.
Article 81
-
The rest
on 1st and 2nd day of the woman’s (monthly) period upon
her notification.
Article 82
-
For pregnancy, the rest starts from 1.5 month before giving a birth until 1.5 month
after giving a birth
-
For misbirth, entitles to 1.5 month rest or as prescribed by the relevant
doctor.
Article 93
(Working) day off
upon:
-
The ill;
-
Vide article
81;
-
The worker gets marriage, held a marriage,
circumcise, baptized (of his/her son/daughter), the wife is giving a birth or
misbirth, the death of
husband/wife/son-or-daughter-in-law/parent(s)/in-laws/family member under the
same house;
-
The implementation of state duty;
-
The implementation of his/her religion’s order;
-
The employer failed to employ the willing worker
under their (working) agreement;
-
The rest/leaves allowances (under the law, above
articles);
-
The implementation of his/her labor union’s duty
on employer’s permission;
-
The implementation of his/her study from the
employer.
Article 145 & 146
-
The upright strike on rightful claim upon
employer’s infringement & the invalid lockout.
Article 155
-
Day off upon
the working suspension by the employer during the process of employment
termination.
Article 156
-
In the event any termination of employment, the
company to pay the compensation of annual leaves
allowance that have not expired and have not been taken by the worker.
Article 160
-
Not a mandatory, upon the arrest(ment) of worker
on criminal allegation reported by other than the employer, but a mandatory for
giving the funding to his/her dependent family.
