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When does my employer have to give me my final pay (legally)

 
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mogikilla



Joined: 14 May 2003
Location: Seoul...sometimes US...othertimes

PostPosted: Thu Jun 26, 2003 11:20 am    Post subject: When does my employer have to give me my final pay (legally) Reply with quote

(yes, i know, some people never get their final pay...that sucks!)

Hi, my question is: within what time period after I stop working at my hagwon does my boss have to pay me?

I gave over a month's notice and the replacement has been found, so I'm not leaving them in a lurch. I want to travel a bit within Korea before I go home but my boss says he wants to withhold my final pay until the day I leave the country because he is legally responsible for me until I leave. I want to go with him to Immigration and get an Exit Order, which should terminate his sponsorship and my visa and still give me 14 days to leave the country. I called Immigration and this is what they told me to do but my boss says no. Can he legally withhold my wages until I leave? If I am going to travel, I need that money to do it with. If my boss is doing something illegal, who should I ask for help? Immigration or Labor? My utilities and all will be paid tomorrow and my apartment will be inspected on Monday. I think within a day or two after Monday is not too unreasonable. I'm even willing to wait til our normal payday, the 5th. But after that I think he is being out of line.

Thank you!
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Lost Seoul



Joined: 10 Jan 2003

PostPosted: Thu Jun 26, 2003 11:59 am    Post subject: When does my employer have to give me my final pay (legally) Reply with quote

As it is just a standard end of month wage your boss is giving you he or she should pay you on the 5th as that is your regular pay day.

================
Korean Labor Standards Act

Article 42 (Payment of Wages)

(2) Wages shall be paid more than once per month on a fixed day; however, this shall not apply to extraordinary wages, allowances, or any other similar payment or those wages provided for by the Presidential Decree.
================

You could try contacting the Ministry of Labor and see if you can get this enforced, for a list of telephone numbers of local and regional MOL offices go to the below link.

http://www.molab.go.kr/English/abou/sub_3_2.jsp

This however may be a bit dodgy if they decide not to take up your case and call your boss, as I'm guessing he/she would not be happy.

However waiting till your at the airport to be paid is also dodgy because if there and then he or she decides not to pay you he or she knows as soon as your out of the country you aint got a chance of getting your money.

Its sadly not an easy descision to make, these are the options, its up to you to choose. Unless another poster has a better idea?
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kangnamdragon



Joined: 17 Jan 2003
Location: Kangnam, Seoul, Korea

PostPosted: Mon Jun 30, 2003 5:17 am    Post subject: Reply with quote

Severence must be paid within 14 days.
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Man of Changwon



Joined: 02 Feb 2003

PostPosted: Sat Jul 05, 2003 2:05 am    Post subject: Reply with quote

What is Severance Pay??? ha ha just joking but legally the employee will give it to you when he likes(if he likes). maybe it will be on the way to the airport, just to keep you sucking up to him all the way home, or maybe he won't like the color white board marker you are using and think that a pink white board marker donates a sacking.
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