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david
Joined: 31 Oct 2003
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 Posted: Thu Jan 11, 2007 7:22 am Post subject: Severance pay at a small hogwan |
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In about two weeks I will finish a year long contract at an Oh Seung Sik Franchise. It is small. There are two Korean teachers, one native speaker, one bus driver, and one owner who doubles as a teacher. This adds up to five.
From what I understand severance pay is only dispersed at businesses which employ six or more individuals. I assume that I am not entitled to a severance and will not receive one. This angers me given that I have been cooperative with the owner regarding extra lessons. ( A thirty minute drive to a rural school twice a week to teach Let's Go 2. ) And so I worked four extra hours a week for six months or so.
The school is a franchise. Am I legally employed by Oh Seung Sik ( huge company with more than six employees ) or by Emily; the woman who I see every day at the school? T
The severance would be great. It's been a long, lonely, and frustrating year. Am I entitled to any of the severance? What should I do to obtain at least a portion of it? ( Just don't show the rest of the month? ) Please get back to me soon!!!!!! |
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B-Teacher
Joined: 09 Nov 2006
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| Posted: Thu Jan 11, 2007 7:32 am Post subject: |
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Ok, first question: What does your contract say? I'm not very familar with Korean Labour Law myself, but your contract should stipulate the amount of severance. If it does, then you're entitled to it regardless of the Labour Law.
Another option is to just ask your boss. There's no use getting frustrated until you know for sure you're not getting it. |
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Roch
Joined: 24 Apr 2003
Location: Seoul
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| Posted: Thu Jan 11, 2007 8:21 am Post subject: |
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| In which province do you teach E.F.L.? |
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SeoulShakin
Joined: 05 Jan 2006
Location: Seoul
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| Posted: Thu Jan 11, 2007 8:25 am Post subject: |
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My school is also very small, and I received severance. It all comes down to what is in your contract. If your signed contract says you get severance, then you get it. They can't argue it. If they try to, you go to the labour board and sort it out. If it doesn't say anything about severance, and your boss says you don't get it, I don't think you have a leg to stand on. Check your contract  |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Tue Jan 16, 2007 1:27 am Post subject: Re: Severance pay at a small hogwan |
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| david wrote: |
| This adds up to five. |
For severance to be paid, you need to meet all of the following:
1) 5 employees, minimum
2) work 80 hours a month, minimum
3) pay into the National pension plan
or
1) it's mentioned in your signed contract
Last edited by Young FRANKenstein on Tue Jan 16, 2007 5:02 am; edited 1 time in total |
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I-am-me
Joined: 21 Feb 2006
Location: Hermit Kingdom
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| Posted: Tue Jan 16, 2007 4:10 am Post subject: |
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My hagwon is about the same. My contract states I get severance..so I will get it when I leave or before. This is my 3rd year at same school. If your contract states severance,,then you are entitled to it. If not,,you might be out of luck since you only get it if school has it in the contract.
www.english.molab.kr.co |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Tue Jan 16, 2007 5:01 am Post subject: |
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| I-am-me wrote: |
| you might be out of luck since you only get it if school has it in the contract. |
No. See the criteria I posted. |
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prairieboy
Joined: 14 Sep 2003
Location: The batcave.
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| Posted: Tue Jan 16, 2007 5:09 am Post subject: |
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Why not call the Labour board and get information direct from the people who should actually know the law and policies inside and out.
Dial 1350 from any phone in Korea and press 7 for English assistance.
Cheers |
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J.B. Clamence
Joined: 15 Jan 2003
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| Posted: Tue Jan 16, 2007 5:32 am Post subject: Re: Severance pay at a small hogwan |
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| Young FRANKenstein wrote: |
| david wrote: |
| This adds up to five. |
For severance to be paid, you need to meet all of the following:
1) 5 employees, minimum
2) work 80 hours a month, minimum
3) pay into the National pension plan
or
1) it's mentioned in your signed contract |
True. However, I don't believe the OP made an accurate count of the employees. He included the owner as an employee because she doubles as a teacher. I think this is a mistake on his part. The owner is the employer (not an employee) regardless of what she does there. That means there are only four employees. Unless he's got severance in his contract, I don't think he's entitled to severance. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Tue Jan 16, 2007 7:41 am Post subject: Re: Severance pay at a small hogwan |
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| J.B. Clamence wrote: |
| He included the owner as an employee because she doubles as a teacher. |
I don't know how Labour would rule on that. I wouldn't want to make a guess without more info. |
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