Labor Law Q&A details

Chapter 3 Working hours, Recess, Off-Days and Leave

Allowance for Unused Annual Paid Leave

I have been working as a fixed-term English teacher for 5 years and want to leave my school. I never had any vacation while I was working. I heard that if an employee does not use annual leave, he/she is entitled to an allowance as compensation. Can I get compensation for my unused annual leave for five years?
The time limit for the exercise of rights is called the extinctive prescription. Article 49 of the Labor Standards Act stipulates that a wage claim shall be extinguished by prescription unless exercised within three years. Therefore, if you do not exercise your wage claim within 3 years, your right to receive wage will be extinguished. Annual leave is forfeited if not used for one year after occurrence, but you can claim the annual allowance for nullified annual leave. Allowance for unused annual leave is also wage, so you can get compensation for 3 years from when the right to annual allowance occurs.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

    • 맨앞으로
    • 앞으로
    • 다음
    • 맨뒤로