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[email protected]
Joined: 25 Feb 2008
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 Posted: Tue Feb 17, 2009 9:10 am Post subject: have I been stiffed on severence? |
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Right, flying to Thailand in the morning, end of contract holiday. My last day was today which coincides with payday, checked my bank balance just there. My months pay was there, but no severence. He knows I'll be back in the country, but does he have the stones to f.uck me up the ass all the same? If it is a screwjob, I'll be mightily pissed as he was telling my recruiter how great i was all year blah de blah.
Typically, is severence payed on the last day of the contract? Dont want to let this ruin my holiday |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Tue Feb 17, 2009 10:07 am Post subject: Re: have I been stiffed on severence? |
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| [email protected] wrote: |
| Typically, is severence payed on the last day of the contract? Dont want to let this ruin my holiday |
There is no typical... this is K-land. Your employer has 14 days (under 'law') after you finnish you contract to pay your severance. If you're coming back, I wouldn't worry about it. You know where he lives and you can always 'knee-cap' him if he doesn't pay... just don't leave any evidence behind. 
Seriously though, in two different jobs, I've been paid severance on my last payday; and the last day of a contract. However, those were government positions. Hogwans are different - don't leave K-land without your severance... the chance is almost 100% you will never see it. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Tue Feb 17, 2009 10:12 am Post subject: Re: have I been stiffed on severence? |
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| [email protected] wrote: |
Right, flying to Thailand in the morning, end of contract holiday. My last day was today which coincides with payday, checked my bank balance just there. My months pay was there, but no severence. He knows I'll be back in the country, but does he have the stones to f.uck me up the ass all the same? If it is a screwjob, I'll be mightily pissed as he was telling my recruiter how great i was all year blah de blah.
Typically, is severence payed on the last day of the contract? Dont want to let this ruin my holiday |
Three points:
First, what does your contract say about severance? It should tell you when it will be paid. Your contract is more important than the law, because it usually tells you what your boss intends to do.
Second. Why didn't you ask your boss when you will be paid your severence? If he didn't discuss it with you and you didn't ask, maybe he thinks you'll just go away without it. You should always discuss all these things well before the end of your contract.
Third. Why don't you call him in the morning before you leave and ask him about it, and thereby remind him that he owes it to you. |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Tue Feb 17, 2009 10:32 am Post subject: Re: have I been stiffed on severence? |
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| ontheway wrote: |
| Your contract is more important than the law, because it usually tells you what your boss intends to do. |
 
I think you're trying to help, but your statement is moronic.
Law always 'trumps' anything written in a contract... besides, Ks aren't stupid... why would the boss 'telegraph' his intent to the waygooken if he plans to be dishonest? To do so would be nonsenical. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Tue Feb 17, 2009 10:40 am Post subject: Re: have I been stiffed on severence? |
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| cruisemonkey wrote: |
| ontheway wrote: |
| Your contract is more important than the law, because it usually tells you what your boss intends to do. |
I think you're trying to help, but your statement is moronic.
Law always 'trumps' anything written in a contract... besides, Ks aren't stupid... why would the boss 'telegraph' his intent to the waygooken if he plans to be dishonest? To do so would be nonsenical. |
Many contracts give a payment date for severance other than the last day of work. This would let the OP know that he's not necessarily SOL.
Some contracts don't mention severance. This would let the OP know that he will probably have to fight.
Some contracts are written with lots of penalties and other bad language that telegraph the employer's real intentions.
There are few people who come on Dave's having been badly screwed who can post a really good contract at the bottom of it all.
so ...
1. Yes, 'law trumps the contract' (sometimes) but it's better not to have to fight.
2. "... besides, Ks aren't stupid ..." ... sometimes
3. "... why would the boss 'telegraph' his intent to the waygooken if he plans to be dishonest? To do so would be nonsenical ..."
They do it because they include all the little nasty things they think will give them an edge in cheating you.
Honest employers have contracts that sound honest. Dishonest ones can't help themselves. You can tell. |
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Tobias
Joined: 02 Jun 2008
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| Posted: Tue Feb 17, 2009 4:31 pm Post subject: |
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What Cruise said.
Give him 14 days, and then call Labor on the morning of day 15.
1350 ext 7. |
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Ramen
Joined: 15 Apr 2008
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| Posted: Tue Feb 17, 2009 4:42 pm Post subject: Re: have I been stiffed on severence? |
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| cruisemonkey wrote: |
| ontheway wrote: |
| Your contract is more important than the law, because it usually tells you what your boss intends to do. |
I think you're trying to help, but your statement is moronic.
Law always 'trumps' anything written in a contract... besides, Ks aren't stupid... why would the boss 'telegraph' his intent to the waygooken if he plans to be dishonest? To do so would be nonsenical. |
Yeah, law only trumps anything ILLEGAL in a contract. However, if the clause is written in the contract such that the clause is more favorable than the law, the favorable clause will stay for the employee. |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Tue Feb 17, 2009 5:44 pm Post subject: Re: have I been stiffed on severence? |
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| Ramen wrote: |
| Yeah, law only trumps anything ILLEGAL in a contract. However, if the clause is written in the contract such that the clause is more favorable than the law, the favorable clause will stay for the employee. |
Yes, you're right... a bad choice of words on my part. Leaving out the word 'illegal' was a mistake.
The law always establishes minimum standards. A contract can always give the employee more.
From the Korean Labor Standards Act -
"A labor contract which establishes conditions of employment which do not meet the standards provided for in this Act shall be null and void to that extent." |
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[email protected]
Joined: 25 Feb 2008
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| Posted: Mon Feb 23, 2009 11:14 am Post subject: |
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Back from Thailand. Still no severence. Im sunburned and mad as hell. Rang my boss but his cell was off. Rang my recruiter and she said that she'd ring him and insist that he pays it.
Step one: Go into the hogwan and do a wardance.
Step two: Take my contract to the Labor board
Step three: ??? |
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Jeff's Cigarettes
Joined: 27 Mar 2007
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| Posted: Mon Feb 23, 2009 2:44 pm Post subject: |
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| Hasn't been 14 days yet, has it? |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Mon Feb 23, 2009 3:00 pm Post subject: |
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Step three - get your local neighbourhood 'gangster' to have his boys drag the director to the ATM.  |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Tue Feb 24, 2009 7:27 am Post subject: |
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| [email protected] wrote: |
Back from Thailand. Still no severence. Im sunburned and mad as hell. Rang my boss but his cell was off. Rang my recruiter and she said that she'd ring him and insist that he pays it.
Step one: Go into the hogwan and do a wardance.
Step two: Take my contract to the Labor board
Step three: ??? |
Please post your contract. Reading between the lines will tell us what your boss's intent was all along.
Your contract is much more important than the law, because it tells you what to expect from your boss. Getting paid with no hassles is much more important than having the law on your side. If you get paid, the law doesn't matter. And, if you don't, the battle is gruelling and daunting to many teachers.
So, what does your contract say about severance?
Did you have health insurance 50/50 and pension 50/50? Did you check your pension balance or get your refund? Were your taxes according to the NTS website?
How were the finances of your school? Did your boss have a new teacher to replace you? Was he making enough money to pay you? Is he bankrupt? Maybe he pulled his own "midnight run" while you were on vacation.
All of these things are important now if you have to use "persuasion" or legal means to collect. |
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John_ESL_White
Joined: 12 Nov 2008
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| Posted: Tue Feb 24, 2009 9:30 am Post subject: |
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How many of you actually have a copy of your contract that was signed by your employer??
The contract means dit to your emplyer. Your employer can not understand it. Your employer hasn't taken the time to look at it, much less read it. They don't even know your major. Dojn't believe me? ask tomorrow. They won't know 99% of the time.
The typical korean hagwon contract is something that typical korean recruiters have used and slightly modified throughout the years.
Your employer hasn't read it. He/she agreed to it with a recruiter because he/she was promised a FT fast and they needed you fast. period.
Anyway, because of this English-e crazy life we are living here, there are certain things we must do when we agree to work with these english-e illiterate swine who employ us.
First, you have to shove that contract in their face early and often. If you wait until the 12th month to exert the "power" of the contract, you are screwed.
Second, you have to insist on anything and everything, no matter how small, that is in the contract (see "First"). If there are supposed to be chpsticks in your craphole villa apt., then you gotta ask for them. It doesn't matter that they cost .50 at e-mart. The GD chopsticks are in the contract. -more commonly left out are phones, TVs, microwaves, etc- DO NOT LET ANYTHING GO.
the sooner you bring up your contract, the better.
Be polite when you bring it up, but by god, bring it up and soon! And, always make a copy of the contract when discussing the contract with the director/owner because they have surely misplaced their copy along with your diploma and god forbid passport (if you gave that to them....)....
Anyway, be polite, but vigilant. |
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[email protected]
Joined: 25 Feb 2008
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| Posted: Mon Mar 02, 2009 10:38 am Post subject: |
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Yep, as suspected, he's trying to swindle me.
I went in today asking for my money, politely but firmly. He actually tried to tell me there was such thing as severence pay mentioned in the contract. I know I'm a silly Waeguk and all but im not a f.ucktard
I'm gonna nail the *beep*.er, where to start?
Bloody hagwon owners need a criminal background check |
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Ramen
Joined: 15 Apr 2008
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| Posted: Mon Mar 02, 2009 5:41 pm Post subject: |
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| [email protected] wrote: |
Yep, as suspected, he's trying to swindle me.
I went in today asking for my money, politely but firmly. He actually tried to tell me there was such thing as severence pay mentioned in the contract. I know I'm a silly Waeguk and all but im not a f.ucktard
I'm gonna nail the *beep*.er, where to start?
Bloody hagwon owners need a criminal background check |
Start with the local mafia man.  |
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