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T-dot
Joined: 16 May 2004
Location: bundang
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 Posted: Fri May 29, 2009 5:58 pm Post subject: 1.5 year contracts |
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Eligible for 1.5 months of severance or just for one?
BTW, Im not on an E-2. |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Fri May 29, 2009 6:27 pm Post subject: |
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Assuming you employer has more than five employees, under K law, you are entitled to (approx.) one month's 'severance'. If the employer wants to give you more, that's up to him.
Your visa doesn't matter. |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Fri May 29, 2009 9:07 pm Post subject: |
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Actually I think with severance is when you finished one year you get one months salary and every other months would be 1/12 of a month salary extra. So after 1.5 year you should get 1.5 months of salary.
Correct me if I am wrong |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Fri May 29, 2009 9:58 pm Post subject: |
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| Skippy wrote: |
Actually I think with severance is when you finished one year you get one months salary and every other months would be 1/12 of a month salary extra. So after 1.5 year you should get 1.5 months of salary.
Correct me if I am wrong |
Skippy,
You're wrong. The Labor Standards Act states severance is due for "each year of consecutive years employed"; and 1.5 does not equal 2. 
Public contracts even go so far as to state "this contract shall not be considered continuation of previous employment". |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Fri May 29, 2009 11:42 pm Post subject: |
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| cruisemonkey wrote: |
| Skippy wrote: |
Actually I think with severance is when you finished one year you get one months salary and every other months would be 1/12 of a month salary extra. So after 1.5 year you should get 1.5 months of salary.
Correct me if I am wrong |
Skippy,
You're wrong. The Labor Standards Act states severance is due for "each year of consecutive years employed"; and 1.5 does not equal 2. |
No, Skippy is not wrong. E2s, obviously, wouldn't come across this situation in most cases, but plenty of Koreans and E1s do. If they leave their employment after MORE than one year, they'll get their one month severance for each complete year plus pro-rated for the extra months beyond**. Several co-workers have had their severance pro-rated (working more than one year consecutively, but less than 2; or more than 2 but less than 3).
**This does not apply if you cash in your severance at the end of every year contract, as E2s usually do. Severance from one year has to rollover uncollected into the next year before you are eligible for pro-rated severance for partial years. |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Sat May 30, 2009 12:01 am Post subject: |
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Skippy & Young Faankensteen (gotta love Gene in that roll ),
I don't doubt what you're saying. What I'm saying is - the employer doesn't have to pro-rate severance... it's strictly 'good will'.
If anyone can show me Korean legal prescedence, I'll stand corrected. |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Sat May 30, 2009 12:03 am Post subject: |
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| ** You bastard... you edited it while I was replying...LOL. |
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T-dot
Joined: 16 May 2004
Location: bundang
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| Posted: Sat May 30, 2009 1:42 am Post subject: |
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| Young FRANKenstein wrote: |
| cruisemonkey wrote: |
| Skippy wrote: |
Actually I think with severance is when you finished one year you get one months salary and every other months would be 1/12 of a month salary extra. So after 1.5 year you should get 1.5 months of salary.
Correct me if I am wrong |
Skippy,
You're wrong. The Labor Standards Act states severance is due for "each year of consecutive years employed"; and 1.5 does not equal 2. |
No, Skippy is not wrong. E2s, obviously, wouldn't come across this situation in most cases, but plenty of Koreans and E1s do. If they leave their employment after MORE than one year, they'll get their one month severance for each complete year plus pro-rated for the extra months beyond**. Several co-workers have had their severance pro-rated (working more than one year consecutively, but less than 2; or more than 2 but less than 3).
**This does not apply if you cash in your severance at the end of every year contract, as E2s usually do. Severance from one year has to rollover uncollected into the next year before you are eligible for pro-rated severance for partial years. |
Where can I find documentation on this? Doesnt matter if its in Korean because the gf will help translate and I can show it to the school.
Thanks. |
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