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severance even if I break contract?
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HaleyShaw



Joined: 08 Nov 2006

PostPosted: Thu May 31, 2007 9:36 pm    Post subject: severance even if I break contract? Reply with quote

I signed a 14 month contract and my contract stipulates that I will receive a severance of 3 million Won when I successful complete my contract. If i break my contract after a full 12 months of work, am I still entitled to get severance payment?

Thanks!
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hubba bubba



Joined: 24 Oct 2006

PostPosted: Thu May 31, 2007 9:47 pm    Post subject: Reply with quote

I'm gonna go with no.
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spliff



Joined: 19 Jan 2004
Location: Khon Kaen, Thailand

PostPosted: Thu May 31, 2007 9:54 pm    Post subject: Reply with quote

Did you make the contract w/ a poster here?
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khyber



Joined: 16 Jan 2003
Location: Compunction Junction

PostPosted: Thu May 31, 2007 10:01 pm    Post subject: Reply with quote

if you work there for a year, you are entitled by law to (approximately) the equivalent of one month's pay.
If you are making 3 million and you quick after one year, then yes you should get that. If you are making less than that, then you would only receive the equivalent of one month's pay.

That's assuming your hagwon isn't crooked and will say "you quit early" blah blah blah.

As far as I know (and someone will come to chime in) 1year work=entitlement to 1month's pay/- settlement.
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poet13



Joined: 22 Jan 2006
Location: Just over there....throwing lemons.

PostPosted: Thu May 31, 2007 10:19 pm    Post subject: Reply with quote

I didn't know it was possible to sign a contract of more than one year. Less, sure, but more?
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HaleyShaw



Joined: 08 Nov 2006

PostPosted: Thu May 31, 2007 11:21 pm    Post subject: Reply with quote

I came in the middle of the semester and the director asked me if I'd be willing to finish at the end of the semester- to make it easier for the new person coming (and for him of course!). Being the kind and generous person that I am...I didn't think an extra two months would be too bad. I'm a bit ambivalent about being here and am not sure if I want to stay those extra couple of months. I'd probably tough it out if that was the only way to get the severance but if I can be sure of getting it after 12 months I might leave early (giving full warning of course).
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poet13



Joined: 22 Jan 2006
Location: Just over there....throwing lemons.

PostPosted: Thu May 31, 2007 11:37 pm    Post subject: Reply with quote

Ah, I understand the rational, and I think it was nice of you to agree. I just wasn't aware that immigration gave out work visa for more than twelve months at a time...assuming you're on an E-2.

Then again, my awareness factor is pretty low right now. Just got home from work and realized I have on one light blue sock, and one brown.... Rolling Eyes
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HaleyShaw



Joined: 08 Nov 2006

PostPosted: Thu May 31, 2007 11:44 pm    Post subject: Reply with quote

I am on an E-2 visa and my boss said that visa will be fine for the 14 months. I'm pretty sure I'd have to make a visa run or find out some way of extending it because the visa currently states that it's valid only for a year.
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poet13



Joined: 22 Jan 2006
Location: Just over there....throwing lemons.

PostPosted: Thu May 31, 2007 11:53 pm    Post subject: Reply with quote

"I'm pretty sure I'd have to make a visa run or find out some way of extending it because the visa currently states that it's valid only for a year."

Yup. Don't let him talk you out of it.
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HaleyShaw



Joined: 08 Nov 2006

PostPosted: Fri Jun 01, 2007 12:09 am    Post subject: Reply with quote

How would I insist on getting the severance if my boss points to my contract and says he won't give it to me because I didn't work the full 14 months?
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Stephne



Joined: 16 May 2007

PostPosted: Fri Jun 01, 2007 12:36 am    Post subject: Reply with quote

HaleyShaw wrote:
How would I insist on getting the severance if my boss points to my contract and says he won't give it to me because I didn't work the full 14 months?


Point him to Immigration that states an E2 is valid for twelve months. He can't contract to break the law. Then again, this being Korea and laws being open to interpretation........ Just don't get talked into working illegally.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Fri Jun 01, 2007 1:49 am    Post subject: Reply with quote

You should get your severence after one year. Your visa is one year, that is the effective ending date of your contract.

But, you agreed to work 14 months, you should try to do that if you can. If not, give advance notice as required under your contract, AND don't extend your visa.
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poet13



Joined: 22 Jan 2006
Location: Just over there....throwing lemons.

PostPosted: Fri Jun 01, 2007 1:55 am    Post subject: Reply with quote

If you end up with a problem, labor is 1350 from any phone, press 7 for an English speaker.
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Fri Jun 01, 2007 2:36 am    Post subject: Reply with quote

Your boss just needs to extend the one-year visa two months. Simple as that. If you have that sort of agreement, you should honor it, but he's using it as an incentive to stay until the end rather than what it should be: a yearly severence pay by law.

I don't really see why he just didn't get you a 14-month visa. Maybe you can only get a year one. Don't they have 2 and 3-year visas. Not sure.

Anyway, I'd stick it out if I were you. You don't want to lose out on 3 million Won for two measly months. Yes, you're entitled to a severence pay after 12 months, but it seems to me that your agreement with him gives you more money. What's your salary?

I you really don't want to stay then just tell him. How much notice would you be giving him?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Fri Jun 01, 2007 4:31 am    Post subject: Re: severance even if I break contract? Reply with quote

HaleyShaw wrote:
I signed a 14 month contract and my contract stipulates that I will receive a severance of 3 million Won when I successful complete my contract. If i break my contract after a full 12 months of work, am I still entitled to get severance payment?

Thanks!


Under article 34 of the labor standards act you are entitled to one month's salary AFTER completing one FULL year of employment.

It is NOT prorated for partial years or incomplete years.
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