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L_orna
Joined: 29 Sep 2010
Location: Ireland
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 Posted: Tue Jan 03, 2012 4:33 am Post subject: Letter of release question |
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Hi All,
My hagwon is letting me go in two months time because they are broke. I will have done 8 out of the 12 months of my contract. My director has said she will sign the LOR.I am in the middle of applying for other jobs, but they want the LOR ASAP to be considered for jobs in feb/mar. My question is can a LOR be signed now for a future date?
They have said they cannot give me a severence. Is this right? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Jan 03, 2012 5:27 am Post subject: Re: Letter of release question |
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| L_orna wrote: |
My question is can a LOR be signed now for a future date?
They have said they cannot give me a severance. Is this right? |
Yes.
and
Correct. They are NOT obligated to pay the severance until you have completed at least a full year with the same employer (labor standards acts).
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L_orna
Joined: 29 Sep 2010
Location: Ireland
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| Posted: Tue Jan 03, 2012 6:30 am Post subject: |
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Thanks for that. I am aware that severance may not be paid unless I complete the contract. However, since they are letting me go I have heard from a Korean who owns a hagwon that I am entitled to some severance.
I appreciate your help anyway  |
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Wildbore
Joined: 17 Jun 2009
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| Posted: Tue Jan 03, 2012 10:32 am Post subject: |
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| L_orna wrote: |
Thanks for that. I am aware that severance may not be paid unless I complete the contract. However, since they are letting me go I have heard from a Korean who owns a hagwon that I am entitled to some severance.
I appreciate your help anyway |
Although the labor standards act does not require a severence pay be provided, you may be able to convince a civil court judge otherwise. "I'm broke" is not really a justification for terminating someones employment (he should have predicted his financial sitaution before signing a one year contract). Also, if he plans on remaining open, that hardly means he is broke. Go to the courthouse, fill out the forms, and see what happens. At worst, you lose a few hours of your time. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Tue Jan 03, 2012 3:25 pm Post subject: |
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Actually, "I'm broke" does qualify as justification under the labor standards act as a reason for early termination of employment.
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Wildbore
Joined: 17 Jun 2009
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| Posted: Thu Jan 05, 2012 5:48 am Post subject: |
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| ttompatz wrote: |
Actually, "I'm broke" does qualify as justification under the labor standards act as a reason for early termination of employment.
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Correct, which is why I told him to go to the courthouse, not the labor ministry. The Korean Civil Code provides a one month timeframe after termination to apply to the courts for remedy. Also, a judge is not subject to the labor standards act, so an early termination package may be awarded at the judges discretion. |
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