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After-school program: severance

 
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ldh2222



Joined: 12 Oct 2007

PostPosted: Mon Nov 19, 2012 9:12 pm    Post subject: After-school program: severance Reply with quote

Was perusing an after-school program position, but, I'm starting to hear some nonsense.

Such as, no severance offered for first-year contracts with the company. (Is that... properly legal?)

I was questioning why (while most schools have teachers start on the 1st of March), this school was starting it's spring after-school classes in the 3rd week of March (and the contract finishes in the 3rd week of the following February. ---> this equates to roughly, 11 months or so. (Is that why they seem to not be offering severance?

They said that it's because "our school has 16 different after-school program and the school want us to start in the middle of March not 1st March. During that time (2 weeks) no one runs after-school programs".

I still think that that above excuse is BS, but anyhow..... is the no severance thing proper in this situation? (seemingly 11 months of an after-school program position contract?)
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Nov 19, 2012 9:17 pm    Post subject: Re: After-school program: severance Reply with quote

ldh2222 wrote:
Was perusing an after-school program position, but, I'm starting to hear some nonsense.

Such as, no severance offered for first-year contracts with the company. (Is that... properly legal?)

I was questioning why (while most schools have teachers start on the 1st of March), this school was starting it's spring after-school classes in the 3rd week of March (and the contract finishes in the 3rd week of the following February. ---> this equates to roughly, 11 months or so. (Is that why they seem to not be offering severance?

They said that it's because "our school has 16 different after-school program and the school want us to start in the middle of March not 1st March. During that time (2 weeks) no one runs after-school programs".

I still think that that above excuse is BS, but anyhow..... is the no severance thing proper in this situation? (seemingly 11 months of an after-school program position contract?)


Labor law is pretty clear... 1 full calendar year (or more) before you are entitled to the "severance".

Even a 50 week contract skirts the limit (legally); used to be a ploy used by EPIK about 8 years ago to avoid severance unless the teacher re-contracted for a 2nd year.

.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Mon Nov 19, 2012 10:31 pm    Post subject: Reply with quote

Quote:
I was questioning why (while most schools have teachers start on the 1st of March), this school was starting it's spring after-school classes in the 3rd week of March (and the contract finishes in the 3rd week of the following February.


If it is not one year, you don't have to sign it. This is a simple basic request. There is such a thing as 11th month firings to avoid this. By signing an 11th month contract, you are letting them legally fire you in a way.

Unless they are a real nice school and you know you will stay in Korea, I wouldn't sign it. Tell the recruiter you are only looking for 12 month contracts.
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ldh2222



Joined: 12 Oct 2007

PostPosted: Tue Nov 20, 2012 11:49 pm    Post subject: Reply with quote

I would be working 2.5 months, then a 2 week break in the after-school program schedule before spring term, then about 11+ months of the school year starting in the middle of March and ending in the middle of February the following year... so that's a total of 13.5-14 months in total.

However, that 2 week break isn't a vacation or anything... so I'm confused because I wouldn't be working straight through. (For example not Dec 2012 - Feb 2014. I would be working Dec. 2012 - Feb 2013; March 2013-Feb 2014).

With all of this being said, because of that 2 week break in-between, is working in this manner enough to get a year's (1.2year's) worth of severance? Or am I not entitled to receive any severance because of the 2 week break in-between work periods?



And, who pays severance at after-school programs, the school or the after-school company?
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