Korean Job Discussion Forums

[MattHart09]

Hi guys,

I have been with my school for about 7 months now. We really love it here and things have been great thus far. They have been trying real hard to get my wife and I to extend our contract. Both of our salaries would be bumped up another 200,000 each plus we would be getting another couple weeks vacation time, along with a couple other perks.

The problem is with severance pay. My director wants us to start a whole new 17 month contract (so technically we wouldn't have finished our first contract). This wouldn't make us eligible for severance pay after working there for a year right? I will be talking to her again in the next few days but I completely forgot to mention severance when I talked to her before. What do you guys think?

[Gibberish]

If you complete a contract - and this should be stated in the contract itself - you should get severance pay. It's pretty cut-and-dry.

[OculisOrbis]

It has been discussed here before as to whether you severance pay is prorated for partial years. If you complete one year (without taking the severance payment) and then continue, the answer is yes. If you have not completed at least 12 months, the answer is no.

It may be a risk, but if you agree to take the full two year's worth of severance at the end of the extension, it could be done. Just make sure that it is explicitly stated in your new contract that it is an extension of the original and the total employment period will be 24 months.

Alternatively, you could have it written that after completing the originally agreed upon 12 month period, a severance payment is made and another at the completion of the second 12 month period.

Personally, I would take the second option. A lot can happen with a school's finances in a short period of time and you could end up not getting paid at all. I thinks it's better to get severance paid out regularly unless you plan on leaving from an extension without completing the full year.

Whatever you decide, make sure it is clearly written into the contract so that there can be no possibility of 'misunderstanding'.

[DAC]

I'm pretty sure if you work 12 months or more at the same place for the same employer, it doesn't matter how many contracts you sign, you get severance pay. Period. The courts will not back your employer up for not paying severance if you show them your two contracts with that employer, and together they add up to 12 months or more.

[OculisOrbis]

Labor board burned me on pro-rated severance for taking it after the first year, but that's just one case and one agent. In any event, it doesnt hurt to get it in writing and cover your butt (just in case there's some confusion in the interpretation of the law).

[Hornbill]

Just make it simple and go year to year. Why do they want you to commit NOW? Tell them 'be patient'. When the contract is nearing completion, that's when you get it out, dust it off, and get it extended. No problem. It's fishy they'd want you to commit with 5 months to go. You may get the bump in pay and the vacation perks, but I wonder why this is? If you get a new contract, your visa will expire 5 months into it. You'll need to get it renewed. 7 months later, your 'new' contract will expire, but your visa will still be good for 5 more months. Very strange, indeed.

Perhaps you could get the contract amended?

[OculisOrbis]

I should also add that immigration probably won't amend the dates of visa until you're in the last 30 days of the contract - you might want to get your employer to check into that or you could just call immi yourself to confirm. English service at 1345 from any phone.

[MattHart09]

Thanks so much for the help. I am going to talk to her today and just keep things simple. Let my current contract run out and than sign another 1 year contract.

I am sure she wants to have an idea of how many teachers she needs to start recruiting so I might suggest just signing something saying I will sign on for the 2nd year when the time comes?

[DAC]

[TheUrbanMyth]

[oldfatfarang]

OP. Be careful. You have a signed contract that gives you severence at the end of 12 months work. Makes sure you get this severance at the end of your current contract. Don't be tricked into waiting for it. Experienced posters know that Korean employers' promises to pay in the future aren't worth anything. There's always a 'misunderstanding', and it always costs the foreigner money (not the school). Get paid.

Remember, promised extra vacation and pay are only 'promises' that may (or may not) be honored in the future. I'm leaving my PS because they reneged on their written (and verbal) agreement about extra vacation.

You can easily re-new your current contract, or sign a new contract (with better conditions), in your last month. Both you, and your employer, will know if it's worth your staying then.

Koreans love promises. They're always looking for reassurance that you will stay. Just tell them that you want to stay, and that you'll renegotiate your contract in your last month.

Good luck.

[DAC]

[MattHart09]

Update: I got her to include she will be paying severence at the 1 year mark (this coming Feb) as well as at the end of the contract (next Feb). The school has been honest so far so I think they should stick to their end of the contract..

[classydame]

An honest school, eh? Are they looking to hire another couple to teach anytime soon?