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UncleAlex
Joined: 04 Apr 2003
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 Posted: Fri Feb 26, 2010 3:53 am Post subject: Re: Severance Pay |
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I'm curious. Are employers legally bound to pay severance equivalent to the monthly salary at the end of the contract period even though this payment isn't stipulated in the contract?  |
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OculisOrbis
Joined: 17 Jul 2006
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ChilgokBlackHole
Joined: 21 Nov 2009
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| Posted: Fri Feb 26, 2010 6:53 pm Post subject: |
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| OculisOrbis wrote: |
| If you completed one full year (365 days) of service, then yes, they are required to pay it even if it isnt stipulated in the contract. 364 days of service, you are entitled to nothing. |
Be careful with that one.
http://travel.state.gov/travel/living/teaching/teaching_1240.html
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| SEVERANCE PAY (Taechikum): The Embassy receives many inquiries and complaints about severance pay issues. It is a good idea to broach this subject early in your employment, and to be prepared for resistance. By Korean law, discussed below, all full-time employees, Korean or foreign, are entitled to receive severance pay of one month's salary for each year of employment. Employers cannot ask you to waive this, nor can they get around it by employing you on an 11-month contract. However, Korean courts have ruled that unless a Hakwon instructor actually TEACHES 40 or more hours per week, as spelled out contractually, he is NOT 'full-time' and is NOT eligible for severance pay. |
So unless you've got 40 teaching hours in your contract, they owe you squat. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Fri Feb 26, 2010 6:54 pm Post subject: Re: Severance Pay |
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| UncleAlex wrote: |
| severance equivalent to the monthly salary |
equal to the average of the last three months of your gross pay (ie. including OT). So kill yourself with OT in the last three months, your severance will be more than your monthly salary. |
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runthegauntlet
Joined: 02 Dec 2007
Location: the southlands.
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| Posted: Sat Feb 27, 2010 12:49 am Post subject: |
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| ChilgokBlackHole wrote: |
| OculisOrbis wrote: |
| If you completed one full year (365 days) of service, then yes, they are required to pay it even if it isnt stipulated in the contract. 364 days of service, you are entitled to nothing. |
Be careful with that one.
http://travel.state.gov/travel/living/teaching/teaching_1240.html
| Quote: |
| SEVERANCE PAY (Taechikum): The Embassy receives many inquiries and complaints about severance pay issues. It is a good idea to broach this subject early in your employment, and to be prepared for resistance. By Korean law, discussed below, all full-time employees, Korean or foreign, are entitled to receive severance pay of one month's salary for each year of employment. Employers cannot ask you to waive this, nor can they get around it by employing you on an 11-month contract. However, Korean courts have ruled that unless a Hakwon instructor actually TEACHES 40 or more hours per week, as spelled out contractually, he is NOT 'full-time' and is NOT eligible for severance pay. |
So unless you've got 40 teaching hours in your contract, they owe you squat. |
That's friggin' ridiculous.
I'd call b.s. if that weren't from the State department. Actually, I think I do anyway. If that were the case, nearly every hagwon director in the country would be waving it in their employee's face at the end of their 12 months.
Who has this actually happened to? |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Sat Feb 27, 2010 12:51 am Post subject: |
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| ChilgokBlackHole wrote: |
| OculisOrbis wrote: |
| If you completed one full year (365 days) of service, then yes, they are required to pay it even if it isnt stipulated in the contract. 364 days of service, you are entitled to nothing. |
Be careful with that one.
http://travel.state.gov/travel/living/teaching/teaching_1240.html
| Quote: |
| SEVERANCE PAY (Taechikum): The Embassy receives many inquiries and complaints about severance pay issues. It is a good idea to broach this subject early in your employment, and to be prepared for resistance. By Korean law, discussed below, all full-time employees, Korean or foreign, are entitled to receive severance pay of one month's salary for each year of employment. Employers cannot ask you to waive this, nor can they get around it by employing you on an 11-month contract. However, Korean courts have ruled that unless a Hakwon instructor actually TEACHES 40 or more hours per week, as spelled out contractually, he is NOT 'full-time' and is NOT eligible for severance pay. |
So unless you've got 40 teaching hours in your contract, they owe you squat. |
The Labour Board and the Small Claims Courts disagree with you (and your source link). The courts have twice ruled in my favour that they DO in fact owe me severance. |
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ChilgokBlackHole
Joined: 21 Nov 2009
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| Posted: Sat Feb 27, 2010 12:54 am Post subject: |
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| runthegauntlet wrote: |
That's friggin' ridiculous.
I'd call b.s. if that weren't from the State department. Actually, I think I do anyway. If that were the case, nearly every hagwon director in the country would be waving it in their employee's face at the end of their 12 months.
Who has this actually happened to? |
I've never heard of it, because the only times I've heard of people gunning for their severance were people who just weren't being given what was promised in their contracts.
| Young FRANKenstein wrote: |
| The Labour Board and the Small Claims Courts disagree with you (and your source link). The courts have twice ruled in my favour that they DO in fact owe me severance. |
Yeah I know, that's why I cited it. Were you promised the severance contractually, or did you go for it as a labor issue after your contract was completed? |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Sat Feb 27, 2010 1:01 am Post subject: |
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| ChilgokBlackHole wrote: |
| Were you promised the severance contractually, or did you go for it as a labor issue after your contract was completed? |
One of each. Got it both times. |
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ChilgokBlackHole
Joined: 21 Nov 2009
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| Posted: Sat Feb 27, 2010 1:26 am Post subject: |
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| Young FRANKenstein wrote: |
| ChilgokBlackHole wrote: |
| Were you promised the severance contractually, or did you go for it as a labor issue after your contract was completed? |
One of each. Got it both times. |
Well, OP, who are you gonna trust, this guy who's done it before, or the US Gubmint? |
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Konglishman
Joined: 14 Sep 2007
Location: Nanjing
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| Posted: Sat Feb 27, 2010 5:07 am Post subject: |
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| ChilgokBlackHole wrote: |
| OculisOrbis wrote: |
| If you completed one full year (365 days) of service, then yes, they are required to pay it even if it isnt stipulated in the contract. 364 days of service, you are entitled to nothing. |
Be careful with that one.
http://travel.state.gov/travel/living/teaching/teaching_1240.html
| Quote: |
| SEVERANCE PAY (Taechikum): The Embassy receives many inquiries and complaints about severance pay issues. It is a good idea to broach this subject early in your employment, and to be prepared for resistance. By Korean law, discussed below, all full-time employees, Korean or foreign, are entitled to receive severance pay of one month's salary for each year of employment. Employers cannot ask you to waive this, nor can they get around it by employing you on an 11-month contract. However, Korean courts have ruled that unless a Hakwon instructor actually TEACHES 40 or more hours per week, as spelled out contractually, he is NOT 'full-time' and is NOT eligible for severance pay. |
So unless you've got 40 teaching hours in your contract, they owe you squat. |
Also, if I am not mistaken, if you teach less than 15 hours per week at a university, then you are not guaranteed severance pay. However, at my university, they told me that they would add more money (equal to severance) to my pension plan instead. |
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Young FRANKenstein
Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)
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| Posted: Sat Feb 27, 2010 5:13 am Post subject: |
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| Konglishman wrote: |
| Also, if I am not mistaken, if you teach less than 15 hours per week at a university, then you are not guaranteed severance pay. |
You're mistaken. |
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Konglishman
Joined: 14 Sep 2007
Location: Nanjing
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| Posted: Sat Feb 27, 2010 5:25 am Post subject: |
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| Young FRANKenstein wrote: |
| Konglishman wrote: |
| Also, if I am not mistaken, if you teach less than 15 hours per week at a university, then you are not guaranteed severance pay. |
You're mistaken. |
Then, explain this.
| Quote: |
| Private secondary/tertiary schools that provide pensions under the private schools pension law are exempt from the severance pay law. |
http://www.efl-law.com/Pension.php |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Sun Feb 28, 2010 4:20 am Post subject: |
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| ChilgokBlackHole wrote: |
| OculisOrbis wrote: |
| If you completed one full year (365 days) of service, then yes, they are required to pay it even if it isnt stipulated in the contract. 364 days of service, you are entitled to nothing. |
Be careful with that one.
http://travel.state.gov/travel/living/teaching/teaching_1240.html
| Quote: |
| SEVERANCE PAY (Taechikum): The Embassy receives many inquiries and complaints about severance pay issues. It is a good idea to broach this subject early in your employment, and to be prepared for resistance. By Korean law, discussed below, all full-time employees, Korean or foreign, are entitled to receive severance pay of one month's salary for each year of employment. Employers cannot ask you to waive this, nor can they get around it by employing you on an 11-month contract. However, Korean courts have ruled that unless a Hakwon instructor actually TEACHES 40 or more hours per week, as spelled out contractually, he is NOT 'full-time' and is NOT eligible for severance pay. |
So unless you've got 40 teaching hours in your contract, they owe you squat. |
Since that link states it is a "unofficial guidebook" I wouldn't put too much faith in that...it's also outdated and has been for a long time. Look at what they say the average salary for hakwons is...1.5 million a month. |
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ChilgokBlackHole
Joined: 21 Nov 2009
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| Posted: Sun Feb 28, 2010 4:40 am Post subject: |
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| TheUrbanMyth wrote: |
| Since that link states it is a "unofficial guidebook" I wouldn't put too much faith in that...it's also outdated and has been for a long time. Look at what they say the average salary for hakwons is...1.5 million a month. |
I chalked that up to a 2.1mil salary being worth about $1500 not very long ago. |
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UncleAlex
Joined: 04 Apr 2003
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| Posted: Mon Mar 01, 2010 9:01 pm Post subject: |
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That's what I thought. Thanks. |
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