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last school didn't pay me severance (bonus pay)... sue?
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chaz47



Joined: 11 Sep 2003

PostPosted: Thu Dec 06, 2012 4:51 am    Post subject: Reply with quote

Progress?

I received another couriered message and again it was several hours after the appointed time to appear in court on the message. WTF? Two times?

Luckily, one of the local LB drones called me while I was at work and I passed her off to a co-worker who explained the situation. Apparently, my previous academy's new manager had been emailing and texting me... yet, I somehow didn't receive any of these messages. And, according to the LB worker was eager to resolve the issue.

So, I attempt to contact the current BM who finally deigns to reply to my emails (3 attempts at this point). He insists that I was paid everything I was entitled to.

As I mentioned previously in this posting, they didn't pay pension or severance (bonus). And to make matters worse actually with-held pay from my monthly checks as a sort of 'runner's insurance' which they returned to me with my final pay as a 'bonus'.

Now, none of this makes any sense and the language of the contract is in English with no caveat anywhere mentioning a Korean language version exists let alone takes precedence over this one. I am concerned though, as this particular hagwon chain's three letter designation begins with a capital C and ends with a capital I. And, they are notorious for getting away with this sort of nonsense, but it just flies in the face of reason that they would deny me what is clearly written in my contract.
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Thu Dec 06, 2012 5:41 am    Post subject: Reply with quote

Sorry to hear about your situation. Sounds very similar to what I experienced. If you are in Gimhae, you have to deal with the LB there.

Neither the Busan LB or Seoul will even look at you.

You need an interpreter, so probably the best thing you could do is
offer to pay someone to help you with this.
It would be best to have an older Korean male who has good English
and is willing to help. (not an easy find, I do know)

If you don't have the funds for that, you may just have to walk away.

That's what I had to do, I was shorted over 5 mil all told.

There was simply no way of getting anywhere without a Korean

interpreter.

Best of luck.

Your other option would be to chain yourself to the front door of your
old hagwon, with a placcard in Korean explaining why you are there.
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chaz47



Joined: 11 Sep 2003

PostPosted: Wed Dec 19, 2012 4:31 pm    Post subject: Reply with quote

Went to the Labor Board with my current manager. He seems a nice guy and was angry to hear what had happened to me. However, his English is not so good and he didn't prepare for the consultation whatsoever. So, we sat down with the current manager of my former place of employment across from the LB drone and it was a spiral of nonsense upon nonsense.

The new manager of my old hagwon basically talked over my present manager and insisted on using a contract that I signed in Seoul prior to moving to my Busan branch as a preliminary offer and not the one that I signed with my actual branch upon arrival in Busan. The one that I signed in Busan actually bears my signature, the director's signature and dates on each page.

The first contract, again, only signed by me, makes no mention of severance or 'bonus'. The second contract signed by myself and the director, lowers my base hours (I was an hourly employee)... essentially lowering my base salary. The claim was that they were a small branch and couldn't guarantee me that many hours. But, it also contained the 'bonus pay' proviso at the END of the contract. Note how END is in CAPS... this is important later in my story. At the time, they stated that this was a trade-off for the lower base guaranteed pay and was that OK? I said yes and signed it. Begin classes the next day.

A quick aside, this same academy pulled a similar second contract swap out with other teachers in which they were denied health insurance.

So, what they are trying to do, at least in my opinion is have their cake and eat it too. They can claim that both contracts are valid to their benefit. Right? Ridiculous!

Regardless, back to the actual meeting with the LB drone. She hadn't even realized until 3 hours into the consultation that the contract my former academy had presented her was different than the one I was pointing to. When she did realize it, she began to look at it a bit and the previous academy's manager got nervous. I mean, visibly shaking when he tried to use his phone to send a text.

But, all she did was flip through it after she realized it was a different contract than the one she was provided and shrug her shoulders. Stating it was in English... mollayo... etc. My present manager wasn't a big help to me I was beginning to realize at this point.

In the end, she had the gall to point out that because the length of my contract was a few days short of a full calendar year I wasn't entitled to severance by Korean law. It ran from a Monday to a Friday and I completed the terms of the contract. As per the contract, I am due that amount... no? Apparently not... at least not in Busan.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Thu Dec 20, 2012 2:09 am    Post subject: Reply with quote

chaz47 wrote:
In the end, she had the gall to point out that because the length of my contract was a few days short of a full calendar year I wasn't entitled to severance by Korean law. It ran from a Monday to a Friday and I completed the terms of the contract. As per the contract, I am due that amount... no? Apparently not... at least not in Busan.



Actually that is Korean law. If you are even ONE day shy of working an entire calendar year...you are not entitled to severance.



[
Quote:
By Korean law (based on a Supreme Court decision I'm told) all full-time employees, Korean national and foreign nationals alike) are entitled to receive severance pay (aka retirement allowance system or Taechikum) of one month�s salary for each year of employment.....


Entitlement to Severance:
- a full year of employment (if one day short of contract, no entitlement).
- more than 15 hours per week or more than 60 hours per month

No Severance Pay:
- if work one day less than stipulated contract




http://www.korea4expats.com/article-severance-pay-korea.html

(bolding mine)
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chaz47



Joined: 11 Sep 2003

PostPosted: Thu Dec 20, 2012 12:31 pm    Post subject: Reply with quote

TheUrbanMyth wrote:
chaz47 wrote:
In the end, she had the gall to point out that because the length of my contract was a few days short of a full calendar year I wasn't entitled to severance by Korean law. It ran from a Monday to a Friday and I completed the terms of the contract. As per the contract, I am due that amount... no? Apparently not... at least not in Busan.



Actually that is Korean law. If you are even ONE day shy of working an entire calendar year...you are not entitled to severance.



[
Quote:
By Korean law (based on a Supreme Court decision I'm told) all full-time employees, Korean national and foreign nationals alike) are entitled to receive severance pay (aka retirement allowance system or Taechikum) of one month�s salary for each year of employment.....


Entitlement to Severance:
- a full year of employment (if one day short of contract, no entitlement).
- more than 15 hours per week or more than 60 hours per month

No Severance Pay:
- if work one day less than stipulated contract




http://www.korea4expats.com/article-severance-pay-korea.html

(bolding mine)


Thanks I guess. This is total bullsh*t, but thanks. I did have to spend a week in training before the start of my contract though, might that be valid?

They also didn't pay pension.

(It was a CDI franchise. The contract was not standard.)
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Los Angeloser



Joined: 26 Aug 2010
Location: Korea

PostPosted: Mon Dec 24, 2012 11:56 pm    Post subject: Reply with quote

chaz47,
Get over the language thing, if you're asked to get this or that translated then do so for it's probably requested for good reason even if the contract says any legal decision is to be made based upon the English contract. If you're ready to go the distance in order to get "your money" back then you'll be required to do much more than you can probably even imagine. Do what others have suggested and find a friend, better yet find 2 or 3 or 4. I'm guessing you'll need them for most Koreans won't want to help you and if they do they'll be cast aside as foreign lovers or Korean haters(or something to the affect). A Korean male will receive less flack than a female from any Korean govt. official asking them "Why are you helping him?" I don't understand the employment period discrepancy, you can be employed by your employer even though you didn't work the last day or two. Were those last two days a Sat. or Sun., or maybe you weren't scheduled to work the last couple/few days?
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Dec 26, 2012 5:55 am    Post subject: Reply with quote

chaz47 wrote:
TheUrbanMyth wrote:
chaz47 wrote:
In the end, she had the gall to point out that because the length of my contract was a few days short of a full calendar year I wasn't entitled to severance by Korean law. It ran from a Monday to a Friday and I completed the terms of the contract. As per the contract, I am due that amount... no? Apparently not... at least not in Busan.



Actually that is Korean law. If you are even ONE day shy of working an entire calendar year...you are not entitled to severance.



[
Quote:
By Korean law (based on a Supreme Court decision I'm told) all full-time employees, Korean national and foreign nationals alike) are entitled to receive severance pay (aka retirement allowance system or Taechikum) of one month�s salary for each year of employment.....


Entitlement to Severance:
- a full year of employment (if one day short of contract, no entitlement).
- more than 15 hours per week or more than 60 hours per month

No Severance Pay:
- if work one day less than stipulated contract




http://www.korea4expats.com/article-severance-pay-korea.html

(bolding mine)


Thanks I guess. This is total bullsh*t, but thanks. I did have to spend a week in training before the start of my contract though, might that be valid?

They also didn't pay pension.

(It was a CDI franchise. The contract was not standard.)



If you started training before the contract started then probably not. Some contracts do include the training as part of the year...but it doesn't sound like this one did.

The pension thing should be valid though...be aware though that you may have to back pay the 12 months of pension pay (your share) in order to get them to move on your school's share.
You'll have to talk to the pension office though on that one.
And yeah I second/third the advice about getting a Korean friend...or at least paying a translator. It makes things a lot easier unless you are fluent.
I also agree with you that the severance pay rule is B.S...but their house their rules.
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