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Severance Pay?

 
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jillbean1217



Joined: 04 Jul 2008

PostPosted: Fri Jul 11, 2008 8:32 am    Post subject: Severance Pay? Reply with quote

So, I have been doing my research, and I found the following on the US Korean embassy site:

Quote:
SEVERANCE PAY (Taechikum)
The Embassy receives many inquiries and complaints about severance pay issues. It is a good idea to broach this subject early in your employment, and to be prepared for resistance. By Korean law, discussed below, all full-time employees, Korean or foreign, are entitled to receive severance pay of one month's salary for each year of employment. Employers cannot ask you to waive this, nor can they get around it by employing you on an 11-month contract. However, Korean courts have ruled that unless a Hakwon instructor actually TEACHES 40 or more hours per week, as spelled out contractually, he is NOT 'full-time' and is NOT eligible for severance pay.


Has anyone run into an issue with this? My contract puts me at 120 hours /month (30/week) but also provides severance. Is this something that they can reneg on later?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Fri Jul 11, 2008 1:28 pm    Post subject: Re: Severance Pay? Reply with quote

jillbean1217 wrote:
So, I have been doing my research, and I found the following on the US Korean embassy site:

Quote:
SEVERANCE PAY (Taechikum)
The Embassy receives many inquiries and complaints about severance pay issues. It is a good idea to broach this subject early in your employment, and to be prepared for resistance. By Korean law, discussed below, all full-time employees, Korean or foreign, are entitled to receive severance pay of one month's salary for each year of employment. Employers cannot ask you to waive this, nor can they get around it by employing you on an 11-month contract. However, Korean courts have ruled that unless a Hakwon instructor actually TEACHES 40 or more hours per week, as spelled out contractually, he is NOT 'full-time' and is NOT eligible for severance pay.


Has anyone run into an issue with this? My contract puts me at 120 hours /month (30/week) but also provides severance. Is this something that they can reneg on later?


It is legally mandated and the labor office can/will force them to pay you provided you have completed at least 1 full year of employment.

IF you plan to work with CDI you can expect to get screwed around but you will get some/most of your severance.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Fri Jul 11, 2008 6:12 pm    Post subject: Re: Severance Pay? Reply with quote

ttompatz wrote:
IF you plan to work with CDI you can expect to get screwed around but you will get some/most of your severance.

Unless you are one of the unlucky ones registered as an independant contractor, then you get nothing.
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thiophene



Joined: 15 Sep 2007

PostPosted: Fri Jul 11, 2008 11:17 pm    Post subject: Reply with quote

How do you know if you're considered an independent contractor? Tax offices?
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Fri Jul 11, 2008 11:55 pm    Post subject: Reply with quote

thiophene wrote:
How do you know if you're considered an independent contractor? Tax offices?

Yeah. The schools that do this usually register you as such without telling you, and you don't find out till it's too late. A big clue that this is what they are doing is the higher tax rate. Other clues are no pension or no medical.
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