Korean Job Discussion Forums

[grega777]

Greetings.

First time poster, long time visitor, and glad to now be active.

I'd like some informed thoughts on whether the exclusion of a severance pay clause from an annual contract, for example, will preclude employer obligation of providing the pay at conclusion of contract.

Majority of contracts I have seen contain faulty clauses or exclude requisite ones, but in reality does that mean the employer is not finally accountable under the Labor Standards Act? Of course one must likely take it up with the Labor Board unless the employer yields to threat or mediation.

The law helps those who watch, not those who sleep?

OR

The more laws the less justice?

What are your thoughts and experience?

Thank you in advance.

[AgentM]

[romano812]

[quote="AgentM"]

[Carla]

Yes, you are only entitled to your year end bonus if you finish 12 months, so if you get fired or quit before that, you don't get it. Now, if you get fired for no reason in the 10th or 11th month, that may be a different story, especially depending on how much notice they did/didn't give you.

[romano812]

Yes, you are only entitled to the "year end" bonus if you finish your contract. I don' think they are talking about year end bonus, are they? That's what I want to know. I think they are talking about a situation where the school gives you notice, such as 30 days. You work the 30 days and they have to pay youfor the time worked, is this correct?
My situation is a mess because I have been given my 30 days by my employer , but they fall right on my holidays. So, the 30 days puts me at the end of August, but I don't work past the 7th because I am on holidays. Even though I'm not at work my employer should still have to pay me, it's just coincidental that they fired me at this time.

[Carla]

[romano812]

No, not quite. They fired me one week before holidays, not the end of my contract. So, I work one week of my 30 days and I am on holidays for the other 3 weeks. So I finished work today but they are supposed to pay me for the next 3 weeks (until my final termination date). It's all messed up. They have been avoiding discussing matters and at this point I would like to clear up finances. I have bills that need to be paid, pay that needs to be collected, etc...
The situation gets worse because I have already booked my holidays so I won't even be in the country after next week. So even if they pay me, at this point I have no way to get the money from my Korean bank account. I will not be returning to Korea.