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cangel
Joined: 19 Jun 2003
Location: Jeonju, S. Korea
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 Posted: Fri Dec 04, 2009 5:18 pm Post subject: Uni Contract, E2 Visa & Severance |
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| My contract is with a university but I do not teach uni students. I teach at their academy (high school kids from around Korea - basically an immersion high school) and was issued an E2 visa. My contract is for 1 year (currently on my 3rd contract) but we are paid over 10 months with the other 2 months listed at "vacation". I think the exact dates on the contract put us just below 365 (like 362) days per year. My first and second contracts I paid into the National Pension Fund but on my current thrid contract I am paying into the uni's private pension fund. We were told that we do not get severance. As I get closer to leaving Korea, I'm wondering if I am entitled to severance. |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Fri Dec 04, 2009 7:12 pm Post subject: Re: Uni Contract, E2 Visa & Severance |
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| cangel wrote: |
| As I get closer to leaving Korea, I'm wondering if I am entitled to severance. |
The answer is 'No'. It's very simple - you are not entitled to severance unless you work for one year. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Sat Dec 05, 2009 2:03 am Post subject: Re: Uni Contract, E2 Visa & Severance |
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| cruisemonkey wrote: |
| cangel wrote: |
| As I get closer to leaving Korea, I'm wondering if I am entitled to severance. |
The answer is 'No'. It's very simple - you are not entitled to severance unless you work for one year. |
But Labor will not, in this case, allow the school to get away with the "one year less 3 days" excuse. Why would they when they don't let schools get away with 11-month firings anymore?
To the OP, when you were paying into the National pension, you were entitled to severance. Under the private pension, you are not. |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Sat Dec 05, 2009 2:56 am Post subject: Re: Uni Contract, E2 Visa & Severance |
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| Young FRANKenstein wrote: |
| cruisemonkey wrote: |
| cangel wrote: |
| As I get closer to leaving Korea, I'm wondering if I am entitled to severance. |
The answer is 'No'. It's very simple - you are not entitled to severance unless you work for one year. |
But Labor will not, in this case, allow the school to get away with the "one year less 3 days" excuse. Why would they when they don't let schools get away with 11-month firings anymore? |
Again... this is simple.
The OP is not being fired, but is finishing a contract for 362 days. Three hundred an sixty-two days is less than one year and therefore not eligible for severance.
Everybody... listen and repeat -
"READ YOUR CONTRACTS." 
Last edited by cruisemonkey on Sat Dec 05, 2009 3:02 am; edited 1 time in total |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Sat Dec 05, 2009 3:01 am Post subject: Re: Uni Contract, E2 Visa & Severance |
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| cruisemonkey wrote: |
| Young FRANKenstein wrote: |
| cruisemonkey wrote: |
| cangel wrote: |
| As I get closer to leaving Korea, I'm wondering if I am entitled to severance. |
The answer is 'No'. It's very simple - you are not entitled to severance unless you work for one year. |
But Labor will not, in this case, allow the school to get away with the "one year less 3 days" excuse. Why would they when they don't let schools get away with 11-month firings anymore? |
Again... this is simple. The OP is not being fired, but is finishing a contract for less than one year and therefore not eligible for severance.
Everybody... listen and repeat -
"READ YOUR CONTRACTS." |
I has NOTHING to do with being fired. There are cases out there where the contract was one year less a week (or so), and Labor didn't let them get away with that either. THEY know it's a ploy of employers to get out of paying their obligations, and Labor does NOT let them get away with it. I have worked with Labor. I speak from experience.
If your particular Labor office is saying differently, then you have to stop talking to them and take it to the national HQ in Kangnam. |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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| Posted: Sat Dec 05, 2009 3:21 am Post subject: Re: Uni Contract, E2 Visa & Severance |
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| Young FRANKenstein wrote: |
There are cases out there where the contract was one year less a week (or so), and Labor didn't let them get away with that either. THEY know it's a ploy of employers to get out of paying their obligations, and Labor does NOT let them get away with it. I have worked with Labor. I speak from experience.
If your particular Labor office is saying differently, then you have to stop talking to them and take it to the national HQ in Kangnam. |
Ok... then I stand corrected. However, this begs the question where does the Labor Relations Comission 'draw the line' when the line is undefined. Unless you can cite prescedent, this is a 'black and white' situation under Korean law. The LRCs 'recommendations' are unenforcible and the university will laugh at them with full knowledge the OP will lose in a court of law. |
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Jshuah72
Joined: 18 Jul 2006
Location: Seoul, South Korea
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| Posted: Sat Dec 05, 2009 4:22 pm Post subject: Private Pension |
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Private secondary and tertiary institutions that choose to follow a private pension plan, instead of the public one, do not have to pay severance pay.
http://www.efl-law.com/Pension.php |
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cangel
Joined: 19 Jun 2003
Location: Jeonju, S. Korea
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| Posted: Sat Dec 05, 2009 5:38 pm Post subject: |
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Thanks for the information. I have been receiving conflicting answers from friends. Many of them are saying that the Labor Board has been going after schools who try to get out of the severance by making 364 days contracts. Like FRANKenstein stated, the Labor Board has been nailing schools who fire people in the 11th month as a means to avoid paying severance.
The other sticky area is even though I am now paying into the uni's private pension scheme, I am still an E2 visa holder. Some are saying all E2 visa holders, regardless of pension scheme (public or private) are entitled to severance...
I'm guessing I should, at the very least, go after my uni for the 2 years I was under the federal pension scheme and hope for the best with the current private scheme.
Thanks for your help. |
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