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severance pay for additional months
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mrf04



Joined: 13 Apr 2010

PostPosted: Tue Apr 13, 2010 10:35 pm    Post subject: severance pay for additional months Reply with quote

I have finished my one year contract and signed on for an additional 6 months meaning that I will be leaving Korea in late August (after 18 months). I was reading that any time after one year the "severance pay or bonus" by law should be prorated to match the additional months spent in Korea. I was just paid last week and was given the 2.2 million won bonus for 12 months work, so I am under the impression that I will not be given any additional severance pay at the end of my contract. Is this legal or can my school simply say since I signed a new contract for less than one year (6 month extension) I am not eligible to receive any additional severance?
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cincynate



Joined: 07 Jul 2009
Location: Jeju-do, South Korea

PostPosted: Tue Apr 13, 2010 10:37 pm    Post subject: Reply with quote

Since you signed a new contract, you're probably not getting any severance.
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tired of LA



Joined: 06 Nov 2006
Location: Seoul

PostPosted: Tue Apr 13, 2010 10:48 pm    Post subject: Reply with quote

Since you received the severance already, you would have to work another 12 months before you are eligible for it again. If you didn't receive the severance, then the school would have had to prorate your severance at the end of your extension. This is something you should have discussed before extending your contract.
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oskinny1



Joined: 10 Nov 2006
Location: Right behind you!

PostPosted: Tue Apr 13, 2010 11:09 pm    Post subject: Reply with quote

tired of LA wrote:
Since you received the severance already, you would have to work another 12 months before you are eligible for it again. If you didn't receive the severance, then the school would have had to prorate your severance at the end of your extension. This is something you should have discussed before extending your contract.


This is something that I will have to explain very carefully to my school when I extend for 6 more months.

I will hijack this thread now.

I work normal hours but then teach extra after school classes that pay me separately (once for the after school classes at the beginning of the month and once for my regular salary towards the middle of the month). Can I add the 2 together so that my average salary is 2.8 and get that for my severance (as it will be what my pay is for the last few months of work)?
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air76



Joined: 13 Nov 2007

PostPosted: Tue Apr 13, 2010 11:31 pm    Post subject: Reply with quote

I believe that officially you are supposed to get a severance equal to your ACTUAL salary, meaning the average over the year including overtime pay....but I've never heard of anyone getting any more than just their base salary from the contract.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Apr 14, 2010 1:32 am    Post subject: Reply with quote

air76 wrote:
I believe that officially you are supposed to get a severance equal to your ACTUAL salary, meaning the average over the year including overtime pay....but I've never heard of anyone getting any more than just their base salary from the contract.


Actually, average of the last 3 months...

but I have never known anyone to get more than the base salary as their severance either.

.
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oskinny1



Joined: 10 Nov 2006
Location: Right behind you!

PostPosted: Wed Apr 14, 2010 1:50 am    Post subject: Reply with quote

ttompatz wrote:
air76 wrote:
I believe that officially you are supposed to get a severance equal to your ACTUAL salary, meaning the average over the year including overtime pay....but I've never heard of anyone getting any more than just their base salary from the contract.


Actually, average of the last 3 months...

but I have never known anyone to get more than the base salary as their severance either.

.


Thanks. That's what I thought but will give it the ol' college try anyway.
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buster brown



Joined: 26 Aug 2005
Location: Seoul

PostPosted: Wed Apr 14, 2010 2:08 am    Post subject: Reply with quote

I received severance based on Labor Law standards (average of final 3 months) at a national university unigwon. I printed out the relevant sections (severance, definition of average salary) and gave them to the director. She didn't act on it until I was up for contract renewal, when I showed them that the contract's severance clause didn't meet Labor standards. There was a big meeting of several higher-ups but the end result was me getting the proper amount of severance for both years I worked there. On top of that, another teacher who had re-signed several months earlier was also given his additional severance as back-pay.

You have nothing to lose by forcing the issue with your school. If you ask for it and they say 'No', you won't be in a worse position. There's always the chance that they'll pay you what they owe you. Of course, the Labor Board would side with you on the issue if it ever came to that.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Wed Apr 14, 2010 8:46 am    Post subject: Reply with quote

ttompatz wrote:
Actually, average of the last 3 months...

but I have never known anyone to get more than the base salary as their severance either.

I did. I worked a little extra OT in the waning months of one contract and got a smidgen over my contracted salary. Course, I only got it once I pointed it out to them in the LSA.
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LarrytheGiraffee



Joined: 12 Feb 2006

PostPosted: Wed Apr 14, 2010 1:58 pm    Post subject: Reply with quote

By law, you should still receive 6 months worth of severence even if you have signed a new contract.

Technically with severence, you should receive it when you actually leave your job, but there is a clause that allows you to request your severence at the end of each year.

By taking your severence at the end of the first year and signing a new contract, you are just receiving your severence under the clause.

Just peruse the labour law website and talk to your employer at least a month in advance so there arent any surprises when you leave.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Wed Apr 14, 2010 3:35 pm    Post subject: Reply with quote

LarrytheGiraffee wrote:
By law, you should still receive 6 months worth of severence even if you have signed a new contract.

No, you shouldn't/don't. Read the laws again.
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Mirabilis85



Joined: 09 Oct 2008
Location: Seoul

PostPosted: Sun May 23, 2010 10:03 pm    Post subject: Reply with quote

To bring back this thread for the sake of clarity.....

I received my severance in Nov 2009 for a completed first year and renewed my contract at the same time. I will be working this job until August. I cant claim a pro-rated severance for the 9 months I will have worked? It sounds like I shouldnt have collected and just waited until August if I wanted a bigger severance..
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Sun May 23, 2010 10:21 pm    Post subject: Reply with quote

Mirabilis85 wrote:
To bring back this thread for the sake of clarity.....

I received my severance in Nov 2009 for a completed first year and renewed my contract at the same time. I will be working this job until August. I cant claim a pro-rated severance for the 9 months I will have worked? It sounds like I shouldnt have collected and just waited until August if I wanted a bigger severance..


Yes, that is correct.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Sun May 23, 2010 10:23 pm    Post subject: Reply with quote

oskinny1 wrote:
. Can I add the 2 together so that my average salary is 2.8 and get that for my severance (as it will be what my pay is for the last few months of work)?


(just quoted the relevant part)

By law that is what you should get. Might be a good idea to print out the relevant part as well beforehand so you can point that out to them should they ask.
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stevelad_83



Joined: 13 Oct 2008

PostPosted: Mon May 24, 2010 11:24 pm    Post subject: Reply with quote

You are due severance for every month you worked. I was on an 18 month contract, and my school paid me after 12 months. They told me I would not get any money for the additional months. They were wrong. By law they have to pay you. I just received the additional 6 months severance. It took a while to sort out, but you're entitled to it.
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