Korean Job Discussion Forums

GhostCadet · Joined: 11 Oct 2008

Hi All.

I finished a standard one year afterschool contract in Incheon in February. The contract period is shy a few days of 365. Therefore, they are claiming they don't need to pay any severance. Oh, and they're stiffed me by not paying my final 5 vacation days in February.

Anyone had this happen before with the severance? How did it all play out?

PRagic · Joined: 24 Feb 2006

Take it up with the labour board. Take a K friend as it's all done in Korean, or at least it was....

GhostCadet · Joined: 11 Oct 2008

Thanks for the reply.

My ex-boss informed my wife 2 weeks ago that he was not going to pay the severance. At that point, the first thing my Korean wife and I did was call the labour board about it. They said there is nothing thy can do about it. Under Korean law, the duration of the contract must surpass 365 days. So we don't have a leg to stand on according to them.

The next thing we did was call a few lawyers. Most repeated what the labour board told us. But one lawyer gave us some more promising information because of one promissory clause in the contract. It states:

"When the teacher works hard sincerely for 12 months, the severance 2.500.000 will be provided within 15 working days from the last day of the contract to the teacher."

He said if I go to court I have a good chance of winning because of this clause.

Anyhow, here is where it stands now. Time has passed and they haven't paid.

So,
1. I wrote the company today to get their formal reason in writing explaining why they are not going to pay my severance.
2. We paid a visit today to the principal of the school. He agreed with our position and said he would call the company. This may be valuable as the company still has an ongoing contract with the school for afterschool math and English.
3. Tomorrow, we go to the courts and start legal procedings.

I just want to know if anyone has been stiffed in this manner before and if anyone has any valuable information they could share.

Thanks

denverdeath · Joined: 21 May 2005 Location: Boo-sahn

The "shy a few days of 365" may hurt you. I hope not though. Don't waste much on a lawyer who may end up costing you threefold of what you were owed.

Perhaps you can approach the principal for a direct payment of severance? Just an idea...

...actually, that IS what I'd do. Sit around the office ALL day long. Talk to the new teacher and tell him/her they're gonna get ripped off at the end of the contract, like you. I assume you're on an F-visa, yes?

CentralCali · Joined: 17 May 2007

PRagic · Joined: 24 Feb 2006

...and for future reference, include those details in your OP. Saves everyone time.

denverdeath · Joined: 21 May 2005 Location: Boo-sahn

denverdeath · Joined: 21 May 2005 Location: Boo-sahn

A p.s.

A LOT of those after-school programs are sketchy, at best. Sounds like the OP mayve not done his due diligence checking stuff, but that's likely what the recruiter was hoping for. I signed a 10-month contract once. However, I was told that upfront. I was also told I wouldnt receive any severance upon completion of the contract. I signed as it was good for my experience and knew the timing would precisely match up with my next job. I still felt that it was a bit shifty of the recruiter, the middle school, and schmepic. But whatever.

Was the OP promised a year contract? 362-3 days is pretty damn close. I aint a lawyer, but if he goes to court and isnt given (pro-rated) severance, then the korean legal system IS a crock.

Take me to court for saying so. Please.

J.Q.A. · Joined: 09 Feb 2017 Location: Seoul

That is rough, OP. I'm sorry for you.

However...were all of your taxes paid...correct?
Was your pension paid into, correctly?

Again, I'm sorry for you. After finishing up a year, you don't deserve this.

*#@! Korea.

Alias77 · Joined: 28 Aug 2006

I'd like to draw your attention to the legal points regarding severance from a nasty experience that I had in case it helps. It might hold important information about your options.

Korean companies will feast upon your ignorance of Korean law and pocket the rewards with a toothy grin. It's quite difficult, unless you go through the whole negative experience like I did, to get a clear understanding of your rights and the wording of the law so that you can prevent this.

At the end of the post, the legal notes are organized and explained. Read the whole post if you want to know what it's like to fight against corrupt business practices.

http://forums.eslcafe.com/korea/viewtopic.php?t=235320