Korean Job Discussion Forums

[Rhoddri]

I have been in Korea for 13 months now. I guess I was the classic clueless graduate who planned to get a year or so of 'teaching experience', pay off some student debt and save some cash before applying for post grad back home. I'm sure this is not an unfamiliar story. So basically I came to Korea 13 months ago and started work without a work visa. I was told i would be whisked to Japan as soon as possible. Eventually I was, at the end of November. In doing so I had to sign a contract dated from the end of November. I've told people about this and they said "they should recognise your term of work is over from when you started working" (end of september). Anyway I'm not going to address that issue, I should have been more aware of it at the time.

What I am concerned about is my severence pay and plane ticket money. Basically it was a new Hagwon when I got there that also employed another western teacher. Due to finacial difficulties they fired him. But they did give him a months notice and sorted him out with plane ticket and a percentage of severence pay (this was a few months ago now). Actually there was a meeting that I had to witness with the boss, the other teacher and the recruiter who got him the job. The recruiter claimed that a "years contract is not a permanent contract so your boss has the power to terminate it whenever he wants the labour board know this and wont take your dispute seriously". I heeded those words and although they came to an agreement in the end, I still remember it. All in all the other teacher was shocked at the time but after cooling down was satisfied with the deal he got (he's now in another job and doing well).

I find the teaching and my apartment good and it is my plan to stay a while longer there. Actually I plan to leave here in about 6months(then go back to uni) so I can't fulfill another contract should I sign one. But the point is what about the contract I already have? The boss says the hagwon is having finacial difficulties hinting at the fact it's difficult to give me money. It's coming up to the end of my contract and as far as I'm concernded even if I do stay for a few more months on another contract I'm still due my severence pay from my current contract and plane ticket money. He is conveniently busy whenever I raise this issue "oh we'll talk about it later". etc

This is my question. Is it law for your boss to pay severence and plane ticket? It's clear as day in the contract that we both signed. How can I put reasonable pressure on him so that he understands this (as i said he's only had the hagwon for just over a year and never hired foreign workers before the other teacher and I started work there) I don't want to cause a scene I just want to know if I have any power to get my money. Do I have any power? Or is it like the recruiter said? (your contract is not permanent etc..") I am uncertain of the law when it comes to this so i'm highly in need or any help or advice anybody could give me. I didn't come to Korea for the long term, and I certainly didn't expect to have to fight for what is rightfully, as stated in the contract, owed to me.

Thanks for your time

[Real Reality]

Severance pay is paid pursuant to Korean Labor law after the completion of 12 months work, or at the end of your contract if of a longer duration, (note under Article 34 Labor Standards Act, you can request the employer to pay your severance pay at an earlier time than the conclusion of contract, but the Act clearly states it is at the employer's discretion in this circumstance.) It is one month's pay based on an average of your last three months' wage. Prior to their recently announced revised contract, EPIK did not pay it in the first year as they offered a 50 week contract, (though this changed from August 2003,) and some hogwons will simply refuse to pay it. You must then go to the Korean Labor Office with proof of your contract and Alien registration certificate to show you have worked legally, (see Labor Office protocols page.) The severance pay is calculated on a pro rata basis; e.g., if you work 100 weeks continuously you will get the full month's pay for the first year and a prorated amount for the second year.

(1) It is important to note that advice on the U.S. Embassy site that severance pay will not be paid is NOT correct. If you are working less than 15 hours a week, you are not entitled to Severance pay pursuant to Clause 3 of Article 25 of Labor Standards Act and Article 9 of the Regulations
See
http://efl-law.com/faqans7-8.html

Labor Office protocols page
http://efl-law.com/faqans_lab-off.html

Severance Pay
http://englishschoolwatch.org/severance_pay.shtml

Frequent & Deceptive Practices 2003
http://efl-law.com/deceptive_practices.html

[crazylemongirl]

As your over the six month mark what the recuriter said is incorrect. The boss can not terminate the contract whenever he feels like it.

With regards to the plane ticket I don't think that under the law your employer is bound to pay it only that you have a way to get out of the country.However as he did sign a contract with you hopefully in good faith, and should stick to what is agreed given that you've served our you year.

You may want to check out the dudes at efl-law to see what they have to say on the matter.

However for a funny story on getting your money be sure to check out the Donkey way.

Best wishes

CLg

[Rhoddri]

Thank you very much for your input and help guys, very much appreciated. As for Crazylemongirl good luck in the world cup! We play you this sunday (don't be too mean on us^^)