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Friend's severance

 
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JMO



Joined: 18 Jul 2006
Location: Daegu

PostPosted: Mon Jan 07, 2013 8:07 am    Post subject: Friend's severance Reply with quote

My friend is back in her home country. Her hagwon did not pay her severance or last month's pension. The main problem is, and i'm pretty flabbergasted by this, she doesn't have a copy of her contract or pay stubs. She does have her bank book. She will be back at the end of february at a new job. A few of her co-workers are in the same spot.

I'm thinking she will at least get her first 11 months pension. Is there any way she gets her severance? What should she do? Is there anything I can do to help her when I'm here?
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YTMND



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

PostPosted: Mon Jan 07, 2013 9:35 am    Post subject: Reply with quote

Since she is coming back, I don't see a reason for you to get involved.

The pension office can try to collect on any unpaid contributions but this also means if the school didn't take out the teacher's share, then the teacher would also have to pay into it.

If you can show at least 11 months and she finished 1 year then that is a good sign labor board would side with the teacher.

Immigration should have a copy of the contract but it is not needed to establish 1 year of working which would guarantee severance (a contract alone won't help anyway).

Pay stubs aren't really needed. A bankbook could help, but what I think is key here is the passport which would have the visa and a cancellation date. This establishes a time frame and the school would have to report teachers not working anymore to immigration to coincide with this. That is another date to show how long a teacher worked till.

If the school didn't try to end things before 12 months, then that indicates 1 full year. Did they pay for a flight home (usually done only if the teacher completes 12 months)? That's another thing you can use to build your case.
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JMO



Joined: 18 Jul 2006
Location: Daegu

PostPosted: Wed Jan 09, 2013 3:28 am    Post subject: Reply with quote

Yes they did pay for a flight home. I feel a lot better about this now. She will be back in late feb and she can deal with it then. Thanks!
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Wed Jan 09, 2013 4:59 am    Post subject: Reply with quote

For disputes at the labor board, you have up to 2 years after the fact to report a problem and have it dealt with. Your friend does not need to rush.

Still, she should probably take care of it as soon as she arrives. Schools have been known to close down. In that case it would be a lot more difficult to enforce any decision made at the LB and she'd likely have to take the former owner of the school to court to get her money (which in itself isn't really a difficult task, just a time consuming one).
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Wildbore



Joined: 17 Jun 2009

PostPosted: Wed Jan 09, 2013 11:48 pm    Post subject: Reply with quote

Troglodyte wrote:
For disputes at the labor board, you have up to 2 years after the fact to report a problem and have it dealt with. Your friend does not need to rush.

Still, she should probably take care of it as soon as she arrives. Schools have been known to close down. In that case it would be a lot more difficult to enforce any decision made at the LB and she'd likely have to take the former owner of the school to court to get her money (which in itself isn't really a difficult task, just a time consuming one).


Actually the statute of limitations to make a wage claim is 3 years, in Labor Law and the Civil Code. So no rush.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Thu Jan 10, 2013 4:02 am    Post subject: Reply with quote

Wildbore wrote:
Troglodyte wrote:
For disputes at the labor board, you have up to 2 years after the fact to report a problem and have it dealt with. Your friend does not need to rush.

Still, she should probably take care of it as soon as she arrives. Schools have been known to close down. In that case it would be a lot more difficult to enforce any decision made at the LB and she'd likely have to take the former owner of the school to court to get her money (which in itself isn't really a difficult task, just a time consuming one).


Actually the statute of limitations to make a wage claim is 3 years, in Labor Law and the Civil Code. So no rush.


3 years? I'm happy to be wrong then.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Thu Jan 10, 2013 4:59 am    Post subject: Reply with quote

Wildbore wrote:
Troglodyte wrote:
For disputes at the labor board, you have up to 2 years after the fact to report a problem and have it dealt with. Your friend does not need to rush.

Still, she should probably take care of it as soon as she arrives. Schools have been known to close down. In that case it would be a lot more difficult to enforce any decision made at the LB and she'd likely have to take the former owner of the school to court to get her money (which in itself isn't really a difficult task, just a time consuming one).


Actually the statute of limitations to make a wage claim is 3 years, in Labor Law and the Civil Code. So no rush.


With severance, yea I think I fight later is doable. As to pension it operates under different rules.

I do see what you mean about wages. Still do not leave things to long. Business do tend to disappear.


Labor Standards Act

Quote:
Article 49 (Prescription of Wages)
A claim for wages under this Act shall be extinguished by prescription, unless exercised within three years.


For the pension looking at the law. It might be up to 5 years if I can understand the legalese properly

National Pension ACT
Quote:
Article 115 (Prescription)

(1) The extinctive prescription of the right to collect or restitute pension contributions, amounts to be restituted, and other dues under this Act shall be completed if it is not exercised for three years, and the extinctive prescription of the right of beneficiaries, insured persons, etc. to receive benefits or be repaid erroneous or excessive payments, if not exercised for five years. <Amended by Act No. 9691, May 21, 2009>

(2) The period of prescription of the right to receive benefits shall not proceed during the period for which the payment of the whole amount of such benefits is suspended.

(3) A notice for the payment of pension contributions, or other dues under this Act, demands under Article 57-2 (2) and 95 (1), payment of benefits or request for the return of erroneous or excessive payments, etc. shall have the effect of suspending the extinctive prescription period. <Amended by Act No. 9691, May 21, 2009>

(4) The extinctive prescription suspended under paragraph (3) shall commence anew from the time when the payment deadline in a notice or reminder notice elapses.

(5) In the calculation of the period for the payment of benefits or a request for the return of erroneous payments under paragraph (1), the number of days spent to serve the relevant documents shall not be included.

Article 116 (Special Case concerning Extinctive Prescription for Lump-Sum Refund)

(1) Notwithstanding Article 115, when a person who has become entitled to a lump-sum refund under Article 77 (1) 3, former Article 67 (1) 1 (referring to the provision which was amended by the amended National Welfare Pension Act (Act No. 3902) and then repealed by the amended National Pension Act (Act No. 5623)) and former Article 67 (1) 4 (referring to the provisions amended by the amended National Pension Act (Act No. 6027)) falls under Article 77 (1) 1 or 2, he/she may be paid a lump-sum refund.

(2) With respect to the right to receive a lump-sum refund under paragraph (1), the provisions of Article 115 (1) shall apply mutatis mutandis.
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