Want to go home for Dashain? You choose the dates of your annual leave

Who does this apply to

• The annual leave rules apply to people who work at a workplace with 5 or more workers on a regular basis.
• If you have worked less than 1 year, you get 1 day for each month you worked with no absence. If you have worked 1 year or more and you came to work on 80% or more of the days in that year, you get 15 days. To learn how to count your annual leave days, see the article on calculating annual leave.
• In farming, livestock, and fishing, the rules on working hours and rest days do not apply, but paid annual leave does apply.
• Workplaces with fewer than 5 workers do not have legal annual leave. In this case, you must go home using leave you agree on with the company (paid or unpaid).

Steps

1. Check how many annual leave days you have. Look at your 급여명세서 (pay slip), ask the person in charge at the company, or look at your 근로계약서 (employment contract). Subtract the days you already used this year.
2. Choose the dates you want. For example, if you want to be away from October 17 (Sat) to October 25 (Sun), around Tika, you only need to ask for annual leave for the working days in between. Weekends and public holidays are not counted as annual leave.
3. Ask in writing a few weeks before. The law does not say "how many days before." But if you give the company time to find people and change the schedule, they have fewer reasons to say no. 3 to 4 weeks before is realistic. You can send the sentence cards below as they are.
4. Get an answer. If the answer is "OK" or "approved," get that answer by text message too. If the company wants to change the dates, ask the reason, and choose other possible dates together.
5. If you do not have enough annual leave, ask for unpaid leave. Write on paper: the period, the date you come back, how your pay will be handled, and use of the dormitory. Both sides sign it.
6. Buy your plane ticket only after approval. If you buy the ticket first and tell the company later, you can lose a lot of money if they say no.
7. Before you leave, check your period of stay. As a rule, if you have done foreigner registration and you come back within 1 year from the day you leave, you do not need a re-entry permit. But if your period of stay ends soon, extend it first.
8. Go to work the day after you come back. If something happens and you cannot come back on the agreed date, contact the company right away.

Korean request sentence cards

Copy them and send them as they are. Only change the parts inside [ ].

Card 1 — Asking for annual leave

안녕하세요, [이름]입니다. 네팔 명절 다샤인으로 고향에 다녀오려고 합니다. [10월 19일(월)]부터 [10월 23일(금)]까지 연차 [5]일을 신청합니다. 확인 부탁드립니다.

(Meaning: Hello, this is [name]. I want to go home for the Nepali festival Dashain. I am asking for [5] days of annual leave from [October 19 (Mon)] to [October 23 (Fri)]. Please confirm.)

Card 2 — Talking about unpaid leave

연차가 [3]일 남아 있습니다. 나머지 [10월 22일]부터 [10월 23일]까지 [2]일은 무급휴가로 쉬고 싶습니다. 가능하면 서면으로 확인해 주시면 감사하겠습니다.

(Meaning: I have [3] days of annual leave left. For the other [2] days, from [October 22] to [October 23], I want to take unpaid leave. If possible, I would be thankful if you confirm this in writing.)

Card 3 — When the company asks you to change the dates

알겠습니다. 어떤 사정으로 그 날짜가 어려운지 알려 주시면, 가능한 날짜를 다시 정하겠습니다. 티카(10월 21일)에는 가족과 함께 있고 싶습니다.

(Meaning: I understand. If you tell me why those dates are difficult, I will choose possible dates again. I want to be with my family on Tika (October 21).)

What to prepare

• Proof of how many annual leave days you have left (급여명세서 or confirmation from the company)
• Screenshots of your request text or messages (with the date visible)
• Unpaid leave agreement (period, date you come back, pay, dormitory, signed by both sides)
• Passport and 외국인등록증 (Alien Registration Card) (check the end date of your period of stay)
• Buy the plane ticket only after approval

Be careful

• "We are busy, so no" is not enough. The law allows a change of dates only when there is "very serious harm to the business." But if many people doing the same work ask for the same days, the company can ask you to adjust. So it is good to share out the dates with your coworkers beforehand.
• If you leave without approval, it is absence without permission. If a worker is absent 5 days or more without proper steps, the employer must report it to the 고용센터 within 15 days. If you are reported, you will have problems with your stay status. It is also bad for changing workplaces or being hired again.
• Leave days you could not use because the company said no do not disappear. As a rule, annual leave you could not use because of the employer does not disappear even after 1 year (근로기준법 제60조제7항 단서, Labor Standards Act Article 60(7), exception part). This is why records of your requests are important.
• You must be paid on the days you use annual leave. If you used annual leave and your monthly pay was cut, take your 급여명세서 and get counseling.
• Public holidays (October 5, substitute holiday; October 9, Hangeul Day) are already paid holidays at workplaces with 5 or more workers. The company must not count those days as annual leave.

Frequently asked questions

Q. The company says, "Foreigners do not get holiday leave." A. Annual leave follows the same rules for every nationality. If you meet the conditions at a workplace with 5 or more workers, you can use annual leave. If you are treated differently because of your nationality, call 1350 for counseling.

Q. I asked, but there is no answer. A. Send one more text: "확인 부탁드립니다" (Please confirm). If there is still no answer, ask the person in charge or the boss directly. Do not just leave because there is no answer. If there is still no answer, explain the situation to 1577-0071 or 1350 and get advice.

Q. I want to go for only 2 weeks, but I have only 5 days of annual leave. A. You can add weekends and unpaid leave to your 5 days of annual leave. You get no pay during unpaid leave, and the company must agree. Always keep a written agreement.

Q. Do I need a re-entry permit when I come back? A. As a rule, if you have done foreigner registration and come back within 1 year from the day you leave, you can enter without a re-entry permit. Your period of stay must not have ended. If your situation is unclear, check with 1345 before you leave.

Q. Can I get money instead of using annual leave? A. As a rule, you get annual leave pay for unused annual leave. But if the company followed the legal steps to push workers to use their leave, you may not get this pay. For details, see the article on calculating annual leave.

Where to get help

Organization	Phone	What they help with
외국인력상담센터 (Foreign Workers Counseling Center)	1577-0071	Counseling on annual leave and leave problems, 18 languages
고용노동부 (Ministry of Employment and Labor) 고객상담센터 (Customer Counseling Center)	1350	Counseling when annual leave is refused or pay is cut
외국인종합안내센터 (Immigration Contact Center)	1345	Questions about leaving Korea, re-entry, and period of stay, 20 languages
Your local 고용센터	Depends on area	Checks about changing workplaces and changes in employment