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bbud656
Joined: 15 Jun 2010
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 Posted: Sun Sep 11, 2011 3:47 am Post subject: Severance pay deadline? |
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| Anyone know exactly when a PS has to give you your severance by? Ive heard 2 weeks, but I cant seem to find hard information on it. Thanks! |
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koreatimes
Joined: 07 Jun 2011
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| Posted: Sun Sep 11, 2011 5:00 am Post subject: |
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| Were you on good terms? I would give a month and then take action. |
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bbud656
Joined: 15 Jun 2010
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| Posted: Sun Sep 11, 2011 6:41 am Post subject: |
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| Not good terms. In fact, they have been pretty rude and have been giving me these 'wire this money for some broken chair part by 4pm or else' type emails. I dont want them to hold my money a second longer than they are legally able to. Partially because I need it, partially because they would do the same. Also, I have some pending complaints out against the school and them not paying me on time adds to my case. |
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isitts
Joined: 25 Dec 2008
Location: Korea
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| Posted: Sun Sep 11, 2011 7:20 am Post subject: Re: Severance pay deadline? |
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| bbud656 wrote: |
| Anyone know exactly when a PS has to give you your severance by? Ive heard 2 weeks, but I cant seem to find hard information on it. Thanks! |
Check your contract. Should say. |
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bbud656
Joined: 15 Jun 2010
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| Posted: Sun Sep 11, 2011 7:28 am Post subject: |
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| Doesnt say. In fact there are almost no details regarding severance in the PS contract I have. I've heard 2 weeks kicked around but Im having trouble pinning it down. |
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WadRUG'naDoo
Joined: 15 Jun 2010
Location: Shanghai
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| Posted: Sun Sep 11, 2011 7:32 am Post subject: |
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2 weeks. A broken chair? Give us more details about that. How broken? Gee, sorry. Here's 20 bucks. Pfft.
Paid you late? Jebus. There are some pretty bad public schools out there...
Rosie Glasses chimes in:
"Well, we don't know the whole story!!" |
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bbud656
Joined: 15 Jun 2010
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| Posted: Sun Sep 11, 2011 7:39 am Post subject: |
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| Actually I cant go into too many details just in case it gets legal. I made a thread about it a few days ago, but had it removed just to be on the safe side. In short, the school wronged me in a lot of ways, I reported them, they got really mad that they got caught, now every little way they can screw me, they try. I would like to get my money from them as soon as legally possible because I know if I give them an inch on the time line, they will take a mile. |
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tran.huongthu
Joined: 23 May 2011
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| Posted: Sun Sep 11, 2011 8:52 am Post subject: |
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| bbud656 wrote: |
| Actually I cant go into too many details just in case it gets legal. I made a thread about it a few days ago, but had it removed just to be on the safe side. In short, the school wronged me in a lot of ways, I reported them, they got really mad that they got caught, now every little way they can screw me, they try. I would like to get my money from them as soon as legally possible because I know if I give them an inch on the time line, they will take a mile. |
That certainly is the Korean way. They will probably test you mightily. Don't back down, you are backed by the law. |
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bbud656
Joined: 15 Jun 2010
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| Posted: Sun Sep 11, 2011 3:08 pm Post subject: |
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| Quote: |
| Don't back down, you are backed by the law. |
I think I am backed by the law. In this instance, Id like to be sure. |
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isitts
Joined: 25 Dec 2008
Location: Korea
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| Posted: Sun Sep 11, 2011 4:34 pm Post subject: |
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| bbud656 wrote: |
| Doesnt say. In fact there are almost no details regarding severance in the PS contract I have. I've heard 2 weeks kicked around but Im having trouble pinning it down. |
Yeah, I guess I couldn't find it, either. But it does say that severance is paid "upon completion of contract". So that might be something you can use (...though mine was a GEPIK contract).
But I know I read on some document that it was required within two weeks. Maybe that was airfare reimbursement for traveling home. That might have been it.
When I called the coordinator, she said I could either take severance at the end of each completed contract or in bulk when I leave the school (as if I'd risk trying to collect multiple years of severance pay all at once).
Are you on EPIK? Do they have coordinators you can call? |
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bbud656
Joined: 15 Jun 2010
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| Posted: Sun Sep 11, 2011 4:52 pm Post subject: |
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| IMOE. Ive talked to the coordinator about it and other issues. Today is technically 2 weeks exactly but with the holiday I'd say Wednesday is the deadline. Believe me, if the situation were reversed I'd be forced to take time off work to get to the bank with 1 hour notice or else. The exit allowance they dont want to pay even though I keep reminding them Im owed it. Its one of those things that they dont think is 'fair' because I didnt fly home. When I tell people I work with children, Im not just talking about teaching. |
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buster brown
Joined: 26 Aug 2005
Location: Seoul
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| Posted: Sun Sep 11, 2011 5:17 pm Post subject: |
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I think this is what you're looking for. It's a quote from the Employee Retirement Benefit Security Act which can be found here.
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Article 8 (Establishment of Retirement Pay System)
(1) An employer who intends to set up a retirement pay system shall set up the system that makes it possible to pay a retiring worker 30 days or more of average wages for each year of his/her consecutive service as retirement pay.
Article 9 (Payment of Retirement Pay)
If a worker retires, the employer shall pay retirement pay to the worker within 14 days from the date on which there occurs a cause for the payment : Provided that in special circumstances, the date of payment may be put off under agreement between the parties concerned. |
It seems that things are turning ugly rather quickly for you. Good luck in trying to get everything straightened out. |
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bbud656
Joined: 15 Jun 2010
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| Posted: Sun Sep 11, 2011 5:26 pm Post subject: |
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| Thanks! This is what I was looking for. I don think the parties concerned are going to be granted special circumstances in this instance. |
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isitts
Joined: 25 Dec 2008
Location: Korea
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| Posted: Sun Sep 11, 2011 5:34 pm Post subject: |
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| bbud656 wrote: |
| IMOE. Ive talked to the coordinator about it and other issues. Today is technically 2 weeks exactly but with the holiday I'd say Wednesday is the deadline. Believe me, if the situation were reversed I'd be forced to take time off work to get to the bank with 1 hour notice or else. The exit allowance they dont want to pay even though I keep reminding them Im owed it. Its one of those things that they dont think is 'fair' because I didnt fly home. When I tell people I work with children, Im not just talking about teaching. |
Doesn't matter if they think it's fair. It's in the contract. (Not that that necessarily means much to them...) But they did pay you the plane money in spite of their whining, right?
Hmm... CentralCali knows the chain of command for the public schools. If I can find the post he gave me that has the list. All I can remember from it is that the school is not your employer, the POE is. Trick is to go to people's superiors. But, technically, the coordinators are suppose to diplomatically enforce your contract. Maybe keep working with them until someone puts down a better answer.
But as I think about it now, I'm not sure there's a two week rule for severance, as might be inferred by what the (GEPIK) coordinator told me.
My usual tactic when schools try to violate my contract is to leave (or at least threaten to). Might not be a good idea in this school's market, though it's a bit more of a pain for a public school to replace you than a hagwon. Point is moot if you're not recontracting and you might also consider that they might not mind replacing you. (You see where my tactic got me  ....though GEPIK collapsing and the change in visa requirements didn't help.)
Good luck! |
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isitts
Joined: 25 Dec 2008
Location: Korea
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| Posted: Sun Sep 11, 2011 5:43 pm Post subject: |
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Here it is:
| CentralCali wrote: |
You have a contract for a reason. Jackass bosses are the reason.
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You're not employed by the school. You're employed by the POE. The principal's input in your recontracting process is to assign you a numerical score based on a (supposed) observation of an open class. Your part of the recontracting process is first to apply for renewal. On the renewal application, you can request to transfer to another school.
Here's another fun little fact. You know that finance office in the school? The financial supervisor isn't there to hold the floor down. The financial supervisor is there because the principal is responsible for how the public funds are spent and it's not responsible for, say, the principal to spend the money on a stripper party for his favorite nephew. Also irresponsible is over-time pay and compensation for lost vacation because the principal refused to honor the terms of a contract.
I've posted it many times here, but here goes again. There really is a chain of supervision you can use and it will work if you use it:
- Supervising co-teacher (aka "handler")
- Department head
- Vice-principal
- Principal
- School inspector at district Office of Education
- Supervisor of GETs at the POE
That should be as far as you should need to go to get satisfaction. If that still doesn't work, then you hit up these two folks:
- Deputy Superintendent of Education for the province/metropolitan city
- Superintendent of Education for the province/metropolitan city
If you're still getting shafted, then it's off to the Labor Board. And not a single one of the people listed above wants to be explaining to their immediate supervisor why the POE's getting dragged into a labor case. |
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