| kwwa |
2002-10-28 05:01:35, 조회 : 397 |
>"I was a day worker and worked for a timber mill from 26th of February in 2000 to 30th of September in 2001. I did the same work with men workers, nailing boxes and I got shoulder ache and I had to stop my work. But my company rejected to give me retirement payment because I was a worker on a daily basis and I had no written contract to prove my retirement payment. In addition, the company argued that I quit my job in February 2001 and restarted it again so I didn't work for a year. But, at that time I got hurt and had to rest after getting compensation for my hand injury during two weeks."
-> Retirement payment is the wage for workers to live on after retirement. If the worker keeps working for the same company for over a year, the user should give the worker the retirement payment as much as thirty-day average wage.
-> To get retirement payment,
* the worker should work at a workplace with five full time workers or more
* the worker should be the 'workers' under Labor Standard Law. thus regardless of their types of employment(permanent, daily, temporary, contract worker and so on), if they provide their labor for the users under relationship of user-worker, they can require their retirement payment.
* the worker should keep working for a year or more. Here, to keep working doesn't only mean continuous working for a year but means actual period of providing labor till the termination of contract.
So, following cases are included into the period of keeping working.
- taking leaves or working as trade union full time staff
- working as irregular workers such as daily or temporary workers
- transference to a sister company following the user's order and working there
- temporary retirement according to the order of the company and reemployment by the same company
But, in case of giving retirement payment for the situation of the worker and reemploying the worker, this case is not included into the period of keeping working.
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