시간강사에게 퇴직금을!

Abstract

With the implementation of the revised Higher Education Act next year, a huge number of dismissals of part-time lecturers would be occurred. The lecturers deserves to receive the severance pay, however, it is rare to find such case. This is because colleges are intentionally avoiding to pay it. The condition of receiving the severance pay is to work 15 hours or longer per week for a year or longer. The employers of colleges insist that the work of lecturers do not fulfill such conditions. However, the continuous labor period does not mean only the semester that the lecturer had signed a contract for. It should be calculated by adding the contract period that had been extended every semester continuously. Also, the working hours of lecturers must include not only the lecturing time, but also the time to prepare the lectures and to process additional work for lectures. By using the superior positions as employers, they add to contract that only the lecturing time is considered as the working hours or the severance pay is unavailable to be requested. However, this is invalid as it is independently decided by overusing their positions without any equal agreement with lectures. Moreover, the contents which is giving up the rights which had not happened yet, is invalid as an anti-social contract against the spirit of labor law.