Korean Job Discussion Forums

fezmond · Joined: 27 Oct 2008

hi all

i know that the labor laws and the pension/severance act thing does not say anything about severance money being pro-rated.

however, i've seen a lot of people claiming that in practice it's treated as pro-rated if you didn't collect it after your first contract.

so, come feb 28th i will be 1 day shy of 2 full years (729) days working for the same hagwon.

has anyone had any experience going the labor board route and getting severance on a pro-rated basis? i don't wanna be screwed out of 2.3m over a measly day.

cheers

Skippy · Joined: 18 Jan 2003 Location: Daejeon

Little confused? I think what people mean of prorated are two things.

Point pension/severance is not the same.

One when people find out they are not on pension and then when they are put on it. The can find them selves paying back for months that they should have been paying. So you could find our self pay 4.5 percent of a months wage times how long it was delayed all at once. Same can happen with insurance.

The other what I think you are talking about is the bonus/severance. I am pretty certain since you have been working for 2 years (minus a day) you are fine. If it was a year minus a day you where screwed. Thus why many 11 month firings are popular. But since you have work more then a year you are fine. So technically the school could pay you 1 and 11/12s 2month wages.

Now I think some people say if you collected severance/bonus after year one you go back to zero day. So maybe you are right they could stiff you one 1 year bonus/1month. But that is if they paid you after first year. Never did figure out if it was technically legal albiet dirty move.

iggyb · Joined: 29 Oct 2003

You probably read me on this since I've been dealing with this recently. My school got in touch with SMOE HQ and said I will be getting 2.5 years worth of severance.

r122925 · Joined: 02 Jun 2011

I don't know where exactly to find it in the law, although I've been told by Koreans that it is there.

Here's something though...

http://www.moel.go.kr/kr/oneclick/standard01/retire_cal.htm

This is a severance pay calculator on the Ministry of Labor's website (sorry Korean only). Input the day you started working, the day you finished, and how much you earned in your last 3 months and it will calculate the amount. It does prorate. (ie work 2.5 years get 2.5 months pay).

fezmond · Joined: 27 Oct 2008

Skippy · Joined: 18 Jan 2003 Location: Daejeon

Ok with severance. It starts to accumulate once you have done a year. So any month after 1 year mean 1/12 of a months wage. But once again people commented that if they paid the severance after first year that many schools can decide to start you from zero. So have you been paid the first year bonus?

Now if she has not. As I said she might be able to get away with paying 1/12 less. But do not take my word for it. I know labour laws link I know the back of head.

Also does she owe you any vacation days. If she does then you can surprise her at the end with PLUS the 5 days you owe me.

fezmond · Joined: 27 Oct 2008

YTMND · Joined: 16 Jan 2012 Location: You're the man now dog!!

You put 2.3 before, so I am going to assume you had 2.2 the previous year. This means you should expect 4.5. Just because you stop teaching 1 day or 1 week before the end of the contract doesn't mean they aren't obligated to pay you. Don't leave the school until the contract period is up.

Skippy · Joined: 18 Jan 2003 Location: Daejeon

Beside being penny ante for the one day. Is there a reason why one day early - flight ticket, new job, etc

Is it possible to do an extra day.

I think even the labour board would not hold one day against you.

iggyb · Joined: 29 Oct 2003

Well, it's official now: My elementary school just deposited the rest of my severance.

I have no idea why they gave me severance a month early. And they only gave me 1 month for the 1 year I've been with them. I went to the school during vacation to say I should have gotten 1 1/2 for the first placed I worked under SMOE too. They called to check.

Today, they deposited the rest of the severance - including the half year.

fezmond · Joined: 27 Oct 2008

iggyb · Joined: 29 Oct 2003

I'd think you'd have a good case at the labor board at minimum.

YTMND · Joined: 16 Jan 2012 Location: You're the man now dog!!

jimmyjames1982 · Joined: 13 Nov 2008

I worked from Sept 20th 2009 until Feb 28th 2012 continuously.

So I should be getting severance roughly for 17.5 months. My school is telling me I only get a 12 month severance. Does anyone have a website I can show them or who should I tell them to contact. The accountant at the school is acting aloof about the situation. I'm sure he knows the deal but is trying to save some money for the bottom line.

iggyb · Joined: 29 Oct 2003

The terminology in the Labor Laws leave it up to interpretation. It only mentions "years" service, but you can read 2 1/2 years as 2 1/2 "years" or 2 years "and six month" thus tossing out the months.

Maybe call the labor board and ask for clarification on how they have ruled in the past. Use that as leverage.

Are you working in a hakwon or public school?

My SMOE school thought they were only responsible for the year I've worked with them and not the 1 1/2 I worked elsewhere within SMOE. I asked them to clarify this with SMOE HQ, because my information was different. That worked. I got 2 1/2 years of severance.