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SMOE Airfare and Severance...

 
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egrog1717



Joined: 12 Mar 2008

PostPosted: Sat Aug 22, 2009 7:03 pm    Post subject: SMOE Airfare and Severance... Reply with quote

Hey hey cats and kids,

There's some confusion going around about this whole enterance/exit bonus and severance for working one year...

If you still have a contract that's worth something (and my condolances to those of you who got shafted...) look at the section covering the enterance and exit bonus (Article 11):
What this states is that SMOE will no longer be pre-paying for flights... Ever again... The 1.3 million won enterance allowance is them giving you cash to cover your flight, once you've arrived in Korea
The exit allowance of 1.3 million is to cover your return flight to where ever should you choose not to renew your contract for another year.
2.0 million is paid to those who ARE renewing their contracts for another year, and is paid to cover your round-trip flight where ever during your two weeks of "home leave" outlined in article 10.

NOTE, however, that these "allowances" have absolutly nothing to do with your severance pay... You will still be receiving one month's pay for every year you work, as listed in Article 13, section 5...
Quote:

If the aggregate period of extending the term of Employment pursuant to Article 10 is
more than one (1) calendar year, Employer shall pay Employee one month salary as a
severance pay (when employee leaves S.M.O.E.) for Employee�s continuous
employment of one year; according to the severance payment regulations.


Hope that sets peoples' minds' to ease a little bit... I freaked out while reading comments about how people were unable to find the severance clause, as that's a good chunk of money!....
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iggyb



Joined: 29 Oct 2003

PostPosted: Sat Aug 22, 2009 7:15 pm    Post subject: Reply with quote

Do you have some better material to confirm that? I've been going on this the past day as have others, and I don't see how your reading of it works. The wording in the contract and being in different clauses is awkward, but it doesn't read as you describe it:

Quote:
If the aggregate period of extending the term of Employment pursuant to Article 10 is more than one (1) calendar year


As I noted elsewhere --- this uses the tern "extending the term of Employment" ---- not something like "When your term of employment is completed" ---- there is a huge difference between "extending" employment and completing the terms of employment....

I don't see how you can read this clause as speaking to the standard 12-month contract completion severance pay.

Also, the clause you quoted specifically links this "one month salary as severance pay" to Article 10 ---- Article 10 is totally dealing with contract renewal. There is nothing in Article 10 about either/or - contract completion or renewal. It is only about what happens when you renew.

And that seems to fit squarely with the use of the term "extending the term of Employment"...

And when you add "(when employee leaves SMOE) --- it seems clearly to read that the one month severance they are describing is for people who complete the 2nd year.

I don't see how this can be read differently than that.

To repeat: Extending is a huge word in this clause. Pointing to Article 10 - Renewal - is also big.

Someone has to adequately explain that before I'll be able to see how this is actually talking about the 12-month, 1 year severance pay.
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egrog1717



Joined: 12 Mar 2008

PostPosted: Sat Aug 22, 2009 7:34 pm    Post subject: Reply with quote

iggyb wrote:
Do you have some better material to confirm that? I've been going on this the past day as have others, and I don't see how your reading of it works. The wording in the contract and being in different clauses is awkward, but it doesn't read as you describe it:

Quote:
If the aggregate period of extending the term of Employment pursuant to Article 10 is more than one (1) calendar year


As I noted elsewhere --- this uses the tern "extending the term of Employment" ---- not something like "When your term of employment is completed" ---- there is a huge difference between "extending" employment and completing the terms of employment....

I don't see how you can read this clause as speaking to the standard 12-month contract completion severance pay.

Also, the clause you quoted specifically links this "one month salary as severance pay" to Article 10 ---- Article 10 is totally dealing with contract renewal. There is nothing in Article 10 about either/or - contract completion or renewal. It is only about what happens when you renew.

And that seems to fit squarely with the use of the term "extending the term of Employment"...

And when you add "(when employee leaves SMOE) --- it seems clearly to read that the one month severance they are describing is for people who complete the 2nd year.

I don't see how this can be read differently than that.

To repeat: Extending is a huge word in this clause. Pointing to Article 10 - Renewal - is also big.

Someone has to adequately explain that before I'll be able to see how this is actually talking about the 12-month, 1 year severance pay.



All the quoted article (Article 13.5) says is that if you work one year, you receive one month's pay as a severance, as per Korean labor law... The reason I believe it mentions article 10 is to tell people that if they are renewing they will receive one month's pay for each of the years that they have worked... It's the last sentence of the article that has me suggesting this "...for Employee�s continuous
employment of one year; according to the severance payment regulations."
It is also there to ensure that one knows that they will not be receiving severance every year, but rather will be receiving a lump sum at the completion of their service to SMOE for all years worked.
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iggyb



Joined: 29 Oct 2003

PostPosted: Sat Aug 22, 2009 7:43 pm    Post subject: Reply with quote

You don't have to quote the whole post of mine to respond...

Anyway -- this isn't two sentences - at least in the English version.

the "continuous employment of one year" is tied to the start of the sentence which is specific in what it is talking about "If the aggregate period of extending the term of Employment pursuant to Article 10 is more than one (1) calendar year,"

IF the extending of employment follows Article 10 THEN you get a month's salary when you leave SMOE as according to severance regulations.

The later section that you believe talks about if you are not renewing and stands for the 1 year contract completion severance pay is modified by the first, establishing part of the sentence which is most definitely not talking about the completion of 1 year without renewing...

If SMOE does pay severance to 1-year and out teachers this year, they sure did a horrible job wording the contract on that point...
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egrog1717



Joined: 12 Mar 2008

PostPosted: Sat Aug 22, 2009 8:00 pm    Post subject: Reply with quote

http://www.midnightrunner.mypodcast.com/

About 9 minutes in, Ben from Footprints (citing staff the company has in Korea) explains this issue and restates everything I've said.

I'm gonna tack it up to poor wording in the English translation... Can anyone directly translate the Korean on the contract?
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iggyb



Joined: 29 Oct 2003

PostPosted: Sat Aug 22, 2009 8:05 pm    Post subject: Reply with quote

I'm downloading the file, but he posted the same thing, I'm guessing elsewhere.

My bet would be that it is poor wording.

But, the English can only be read one way, and the English is clear enough on that. It isn't a sentence fragment or grammatically incorrect. And what it says concerns contract renewal for a full 2nd 12 months.

I hate to be hard headed about it, but I can only see what I see, and the English version says what it says and it concerns extending the contract per Article 10.
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iggyb



Joined: 29 Oct 2003

PostPosted: Sat Aug 22, 2009 8:35 pm    Post subject: Reply with quote

I'm still trying to track down a SMOE 2008-2009 contract, but here is an EPIC one for 2009-2010 which has much the same as SMOE, but it is crystal clear on severance - with the clause being in Article 14 - Other Benefits - Section 7:

Quote:
⑦ Employee shall be entitled to severance pay (equivalent to approximate one month's salary), upon successful completion of his/her duties.


http://forums.eslcafe.com/korea/viewtopic.php?p=2006380

You can only read that one way too. If EPIK has that so plainly spelled out, why did SMOE miss the boat?
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iggyb



Joined: 29 Oct 2003

PostPosted: Sat Aug 22, 2009 8:42 pm    Post subject: Reply with quote

OK -- I believe I found a 2008-2009 SMOE contract:
http://www.oxfordkorea.com/base/img/main/8.form%20downlaod/s-d.SMOE_samplecontract.pdf

Article 13 Section 5 is exactly the same. So -- if people finishing their contracts this year get severance pay and the entrance/exit allowance, it is just crappy wording on SMOE's part ---- which they really need to fix, because the English version cannot be interpreted to mean the same thing a EPIK's clause quoted above...
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halfmanhalfbiscuit



Joined: 13 Oct 2007
Location: Seoul

PostPosted: Sat Aug 22, 2009 8:45 pm    Post subject: Reply with quote

What does the Korean version say? Is there a discrepancy between the Korean and English versions?( English version is only there for convenience)
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iggyb



Joined: 29 Oct 2003

PostPosted: Sat Aug 22, 2009 8:52 pm    Post subject: Reply with quote

My Korean isn't good enough to tell. The Korean version is, however, one long sentence like the English version.

I feel better having seen the 2008-2009 version. I'd feel even better if I had a 2007-2008 version and knowledge that people staying on one year were paid the severance money...

--- Whatever the case, SMOE should drop the section they have and use the EPIK one quoted above...
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dbmctague



Joined: 12 Oct 2008

PostPosted: Tue Dec 01, 2009 11:35 pm    Post subject: Reply with quote

Are people who signed with SMOE in March 2009 entitled to the 1.3 allowance option?

I remember signing an amended contract mid-year but have since forgotten what was amended (I knot, stupid).
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