Korean Job Discussion Forums

[is so delicious]

Having some difficulties with my school. In many ways, it's a GREAT job... great hours, great pay, like the kids and the other teachers, close to home... ideal in a lot of ways.

But... stop me if you've heard this one before: the past several months, the pay is coming later and later, sometimes in installments.

I re-upped my contract and my boss is telling me that as my year-end bonus is actually SEVERANCE, meaning I'm supposed to get it when I leave, he is not obligated to pay it, but they are keeping track and I will be paid for the equivilant of two bonuses when I leave in a year.

I've heard some bad things from other teachers about using this approach, but... it seems he has a point. Isn't it SEVERANCE, and thus I cannot demand it until I leave?

Once again he is two months late with pay, and demanding everyone come in on a day with no students in order to answer the questions of the one or two new teachers, which everyone knows is total BS and may take a total of ten minutes.

I think it's time to play hard ball. It's not really in my character, but I don't want to lose 4,000,000 WON (two bonuses). What can I do? I'm thinking of giving him a deadline and not showing up thereafter, if I haven't been paid. I dno't like to take this approach, but others have done it and it seems to work.

[TheUrbanMyth]

Technically speaking he is correct. Severance is usually paid at the end of the job. However in the past many teachers have had trouble with collecting severance...hence most people advise getting severance at the end of every contract.

If there were no problems I would advise waiting until the end.

However you state that you are starting to get paid late/in installments and that this has gone on for several months...have I got that right?

This makes me think that the school is experiencing some financial difficulties. However I don't see how playing hardball in this case is going to work.
Either he has the money or he doesn't. In the latter case you are not going to get paid whether you play hardball or not. I would play it cool for now with increasingly stronger hints about being paid (needing food, have to pay the utility bills, have student loans to pay back...whatever you need it for).
I would DEFINITELY not not show up. Technically that can be construed as you quitting...which could seriously impact your chances of winning at the labor board...should it go that far. Not to mention the fact that if he IS having money problems...he'd likely jump at the chance to fire you and save himself money.

[swinewho]

you can request it at the end of your first contract (for PS), even if you stay at the school - your co-teacher or you have to fill out a simple form which they send to the local POE which lets them know that they need to pass on X amount of money......

[is so delicious]

Thanks for the advice. A few things:

My co-teacher threatened to not show up, and even did so once or twice, and it worked every time... she was paid as soon as it came to that, while I, the unconfrontational nice guy, kept coming to work and waited weeks to be paid. Sigh.

Also, I don't think he WANTS to fire me. The school year has finished and he just re-hired me. He gave me a big speech on how he closed the branch of the school (there are three) that has been losing mony and causing all the headaches and financial strain, and combining that with the fact that it's a new school year and we're getting lots of new students, money will not be a problem going forward. Also, of the three (now two) branches, ours is doing great and has lots of students... but I'm not sure if that figures into it.

No matter what he says, though, I just don't see him giving me four million next year, when he supposedly can't afford to give me two million right now.

I guess I'll give it a few weeks or two and sniff things out.

[thegadfly]

Well, if he doesn't pay you your severance now, and you decide to leave 4 months from now, he will need to pay you severance on 16 months, not a year -- one reason for employers to pay annually is that the severance "resets" and takes a full year of work to get it, but if it is NOT paid annually, then all work in excess of a year is included.

...so, if you work 18 months, and were paid your severance at the 12 month mark, you would not be entitled to any prorated severance for the 6 months after that payment. If, however, you were NOT paid your severance at the 12 month mark, you would be entitled to 6 weeks' worth of severance, total -- a month for the year, and half a month for the extra half a year.

Personally, prefer severance to carry over for that reason, and for the fact that it is calculated as an average of your last three months' pay -- so if you got a raise from year 1 to year 2, your severance will also be higher, legally.

Of course, what is correct according to the law and what some people try to do are not always the same things...and as you said, if he doesn't have 2 million now, should you trust him to have 4 million in a year? Were the financial problems just hiccups, or the croopy coughs of a dying school?

[YTMND]

I usually move on to other schools, but other foreign teachers I know who stayed got some money for a flight home and time off between their contracts. I would do the same if I was re-signing.

In this case, I would let the severance payments rollover. The real decision would depend on if you are going to leave Korea at the end of the second year. If you don't, you can fight it in court. It should be straightforward.

And in that case, I wouldn't mind losing out on some severance if I got something in between contracts and a secure job the second year.