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severance pay - gross or net?

 
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steveohan



Joined: 24 Apr 2005
Location: Seoul, South Korea

PostPosted: Mon Feb 12, 2007 9:10 pm    Post subject: severance pay - gross or net? Reply with quote

so, is your yearly bonus your gross monthly pay or your net monthly pay?

steve.
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kat2



Joined: 25 Oct 2005
Location: Busan, South Korea

PostPosted: Mon Feb 12, 2007 9:16 pm    Post subject: Reply with quote

Severance is the average of your last 3 months (gross-before deductions) wages. So, if you work a lot of OT in your last few months, your severance shoudl look quite nice
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Feb 12, 2007 9:19 pm    Post subject: Re: severance pay - gross or net? Reply with quote

steveohan wrote:
so, is your yearly bonus your gross monthly pay or your net monthly pay?

steve.


It's not a bonus, it is your severance. It is based on your GROSS pay but it is subject to with-holding tax.

To answer your question please note Article 34 of the Korean Labor Standards act:


Article 34 (Severance Pay System)

(1) An employer shall establish a severance pay system whereby an average wage of more than 30 days shall be paid for each year of consecutive years employed as a severance pay to a retired worker; however, if the worker was employed for less than one year, this shall not apply.

(2) In establishing the severance pay system stipulated in paragraph (1), a differential severance pay system shall not be permitted within one business.

(3) An employer may, at the request of workers, pay severance pay in advance for the period of continuous employment of the worker concerned by adjusting the balances of remunerations before his retirement, irrespective of the provisions of paragraph (1). In this case, the number of years of continuous employment for the computation of severance pay shall be counted anew from the moment the latest adjustment of balances has been made.

(4) In cases where an employer has enrolled in pension insurance program for retirees or a retirement lump sum payment trust as prescribed by the Presidential Decree(hereinafter referred to as �pension insurance, etc.�) for workers, whereby workers, as the insured or a beneficiary, receive lump sum payment at the time of retirement, or draw their pensions, it shall be deemed that the employer has set up a severance pay scheme in accordance with paragraph (1). The amount of lump sum by the retirement insurance, etc., however, shall not be smaller
than that of severance pay pursuant to paragraph (1).
<Amended by Act No. 5473, Dec. 24, 1997>
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