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Korean Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
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ldh2222
Joined: 12 Oct 2007
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Posted: Mon Nov 19, 2012 9:12 pm Post subject: After-school program: severance |
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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
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Posted: Mon Nov 19, 2012 9:17 pm Post subject: Re: After-school program: severance |
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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!!
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Posted: Mon Nov 19, 2012 10:31 pm Post subject: |
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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
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Posted: Tue Nov 20, 2012 11:49 pm Post subject: |
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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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