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greatunknown
Joined: 04 Feb 2010
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 Posted: Fri Jul 06, 2012 12:22 pm Post subject: Contract completed but severance not paid |
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I finished my contract on Tuesday. In the week previous to my finish I spoke with my boss many times to ensure he was aware that I am leaving, require my final pay, severance etc. All along he was saying "ok don't worry I will pay you on Friday and you can move out Saturday.".
So today he paid me my regular 2.1 million salary (with normal deductions for tax, health insurance and pension). I called him and over the phone and the conversation went like this.
Him "Please understand its Korean... Blah blah blah.... 2 payments.... Blah blah blah... Later in the month. Do you understand?" ( blah blah blah = broken unintelligible English)
Me "I don't understand. I have finished my contract and spoken to you many times about this. I need that money to book my summer vacation. When will you pay me?"
Him "I will come to your apartment to check on it tomorrow at 10am. We can talk the ."
I have been mulling this over in my head since and haven't gotten a wink of sleep. What can I say to him to do that he will be fair about this? Do you guys figure he is trying to rip me off or is he just short on cash?
He has taxed me at 3.3% but has made payments into pension and I do have NHIC health insurance. He usually needed to be reminded to pay on time (a day or two late otherwise). All that being said, we have clashed personalities and I am pretty sure he hates me (and i know how I feel about him.
He will be here in 4.5 hours. Advice appreciated.
Typed on my phone sorry for typos or other mistakes |
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luckylady
Joined: 30 Jan 2012
Location: u.s. of occupied territories
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| Posted: Fri Jul 06, 2012 12:35 pm Post subject: |
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severance does not have to be paid with your last paycheck, it just generally is.
I think he has 30 days to pay it - am sure some other poster knows the exact time - |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Fri Jul 06, 2012 1:03 pm Post subject: |
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I think that it's 14 days.
Are you sticking around in Korea for a a while? If so, then don't worry about it. If you don't get paid, then you can go to the labor board. If you argue with the boss, there's nothing to gain. If he really wants to avoid the issue, he can verbally agree to pay you today. It doesn't mean that he will. Best to let the labor board take care of it. |
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greatunknown
Joined: 04 Feb 2010
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| Posted: Fri Jul 06, 2012 1:20 pm Post subject: |
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Thanks guys since I am staying in Korea I will try not to worry and just wait and see what happens. When he comes later I will ask about the severance again and when he inevitably drags his feet I will pretend to be surprised, ask for an exact date, ask if it's posible to have it sooner, then I will play the waiting game... Who knows maybe he will pay me without me having to go the labour board route..
Still sucks I wanted to use that money to go to Thailand on the 28'th
Wish me luck |
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luckylady
Joined: 30 Jan 2012
Location: u.s. of occupied territories
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| Posted: Fri Jul 06, 2012 2:24 pm Post subject: |
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| if by some chance he only pays you a partial amount, make sure you write it down and have him sign off on it - assuming it's in cash - if it's a transfer it'll be in your bank acc of course. |
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greatunknown
Joined: 04 Feb 2010
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| Posted: Fri Jul 06, 2012 4:50 pm Post subject: |
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Interesting turn of events. My recruiter just called and asked me if 700 000 would be an acceptable amount of money to compensate for the fact that I do not require airfare to my home country. I of course said that would be fine and explained my severance concerns. She said I have nothing to worry about regarding severance and that she would talk to my director regarding the airfare money. She has been very helpful throughout the year and I certainly appreciated her call and efforts for me today.
If anyone is looking for a good recruiter pm me.
Maybe things will go my way after all.
The big cheese will here in 10 minutes or so to check on my apartment wish me luck |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Sat Jul 07, 2012 12:43 am Post subject: |
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Go into his office and don't leave until paid. It isn't a hard concept. None of this pay later crap or phone messages.
They want you out of the school and out of the apartment, then pay up. If they are going to pay then they won't want to make a scene, and they will immediately pay up.
If they never intended on paying, then they will threaten you. This is a red flag to get whatever you can, leave and then try to collect the rest through labor board.
However, talking to them about it is just what they want. They want to put it off indefinitely. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Sat Jul 07, 2012 12:47 am Post subject: |
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| How did it go? |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Sat Jul 07, 2012 12:54 am Post subject: |
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| Troglodyte wrote: |
| How did it go? |
I don't think we will find out if it got messy. If he got paid, he is most likely out of the apartment and doesn't have internet access for a while. |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Sat Jul 07, 2012 12:58 am Post subject: |
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| YTMND wrote: |
Go into his office and don't leave until paid. It isn't a hard concept. None of this pay later crap or phone messages.
They want you out of the school and out of the apartment, then pay up. If they are going to pay then they won't want to make a scene, and they will immediately pay up.
If they never intended on paying, then they will threaten you. This is a red flag to get whatever you can, leave and then try to collect the rest through labor board.
However, talking to them about it is just what they want. They want to put it off indefinitely. |
I thought that you'd left the forum because no one appreciates your "advice". Unfortunately it seems that you're still here trying to encourage people to do stuff that will simply make their problems worse.
There's nothing to gain from going into the office and making a scene. At best, the OP and his former boss will have an argument. At worse, the boss will call in the cops.
The school doesn't have to pay him out right away. A decent school would, but it's not obliged to do so. If the school doesn't pay up, then he should go to the labor board. Let THEM argue it out with the boss because THEY have the authority to force the school to pay up. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Sat Jul 07, 2012 1:47 am Post subject: |
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| Quote: |
| Unfortunately it seems that you're still here trying to encourage people to do stuff that will simply make their problems worse. |
Here is how I made my problems better:
1) One hagwon didn't pay their Korean teachers and some of the old NETs who didn't want to renew their contract. I decided to not work with them. I moved out and was threatened if I didn't return. I returned, but they now saw me as a flight risk. So, they got another teacher and asked me to leave. I then got a better school, lived closer to my Korean girlfriend, and I got paid regularly, got my pension, got my severance, and they helped me transfer to my next school.
2) The same hagwon was late paying me once. I went to the nearest bank, asked about my pay and told them I wouldn't be coming into work until they paid. After 40 minutes, money was in my account and I returned to work. It never happened again. I was always paid on time, but like I mentioned other teachers were not treated fairly and evicted from their apartment.
3) A second school changed managers 4 times in a 6 month period. The first three managers upheld agreements I made with the first manager. When I found out the third manager was leaving, I investigated the situation and found out the new material they would be using through my co-teacher, and the 4th manager decided to make up new rules including me going in for training without pay or even compensation for transportation. It was them that actually called me into the office to talk about it, and we decided on ending things.
4) The third school had very few students in the winter, so we taught more hours to the students who signed up to even out the workload and pay ratio. However, when the students returned in February for the new school year, the school didn't scale back the hours. I walked right into the owner's class one day and told him I wouldn't be teaching until we agreed to overtime pay or he lessened the hours. He felt exactly like you, that I was a problem for "making a scene" so I packed my stuff up and left.
5) School four last year asked me to work Saturdays so we could get more vacation time in August. I agreed, but the day before payday the manager told me they wanted me to teach another camp. It wasn't many hours and I wasn't going to go anywhere anyway, so I agreed to it. Then on payday, the manager left to go on her vacation. I asked my co-teacher about pay and shortly after I "made a scene". I requested money on my payday. When they said they would pay later, I asked to speak with the owner. This was a bigger scene in their mind, so they talked with the manager by phone and on the way home, she messaged me to come back to the school and pick up my pay later that day.
So, I am batting 5/5 making my situation actually better by elevating things. Actually, it would be them making a scene if they refused to pay. If they are honestly going to pay, then they won't want to make a scene. You missed that aspect. This is the key reason why I do this.
Recently, I moved into a new school and asked about a sofa or couch. They showed me a metal bench with tubing. I refused to accept that as a sofa or couch. I even threatened to pack up my stuff and leave. They weren't sure what to do. Then, another teacher moved into his place this previous week (I think Wednesday). He asked about a sofa or couch also, and now it was the 2 of us "making a scene".
Shortly after, he knocked on my door and said the school had 2 couches with matching smaller sofa chairs.
I don't know what you have against "making a scene", but it sure gets things done on my end. When 2 or more teachers insist instead of negotiate, then things get done rather quickly.
| Quote: |
| At best, the OP and his former boss will have an argument. At worse, the boss will call in the cops. |
That has never happened with me. My previous school didn't want to pay for June and they thought by not paying me for June they could get out of paying my airfare. I didn't leave until they agreed to pay for the airfare. Ending the contract early to save money gave me time to move into my current place, but I still wanted my airfare.
| Quote: |
| The school doesn't have to pay him out right away. A decent school would, but it's not obliged to do so. If the school doesn't pay up, then he should go to the labor board. Let THEM argue it out with the boss because THEY have the authority to force the school to pay up. |
In context of this situation, they already agreed to pay. Secondly, insisting on being paid now is not making a scene. You still request to get paid, and at worst the school can reference the contract. Then, yes, you use labor board if you must. However, I try not to make that a first priority. Along with the sofa issue, there wasn't a rice cooker. I asked and they referenced the contract stating I don't work until September. That's why I then said, "Ok, you want to reference the contract, great. There is also a sofa or couch in the contract. I want one of them too."
They could have been nice about it, provided me with a rice cooker when I moved in, and I probably wouldn't have said anything about the sofa. They got stingy, and now the other teacher and I both have our own couches with matching sofa chairs and rice cooker. The other teacher is going for three and will try to get a toaster oven from them too. Wish him luck. Making a scene gets you what you need or promised. So, if the employer wants to play games, throw it back at them. Up the requests, and then you will see them give you what you ask for because they don't want any more demands.
So far, it's worked for me. If it makes your problems worse, maybe you aren't doing it the right way. I am not saying you go into the office and immediately threaten them or demand money. You go in and negotiate until there is a reasonable agreement. Don't leave.
They will try to prolong it and ask you to come back. Don't leave, don't come back later. |
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12ax7
Joined: 07 Nov 2009
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| Posted: Sat Jul 07, 2012 2:10 am Post subject: |
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| Causing a scene for a rice cooker? You gotta be kidding. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Sat Jul 07, 2012 2:17 am Post subject: |
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| 12ax7 wrote: |
| Causing a scene for a rice cooker? You gotta be kidding. |
No, try understanding the premise.
1. The contract had rice cooker in it
2. I asked about the rice cooker politely
3. They referenced the contract that I didn't need it until September
What would you have done in that situation? Wait until September?
End result of my actions, I have a rice cooker (not pink color because I went out and bought it myself and then got reimbursed). If I had waited 2 months, it's likely I would have gotten a pink one because that's mostly what they sell.
Anyway, the point is I didn't make a scene about the rice cooker. I did confront them on the sofa issue, but that was also in the contract.
Doesn't matter, the other teacher agreed with my actions and together we got what we needed and what was stated in the contract. |
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12ax7
Joined: 07 Nov 2009
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| Posted: Sat Jul 07, 2012 3:05 am Post subject: |
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| You can cook rice in a pot, you know. And pink rice cookers work just as well as red or green ones. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Sat Jul 07, 2012 3:12 am Post subject: |
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| 12ax7 wrote: |
| You can cook rice in a pot, you know. And pink rice cookers work just as well as red or green ones. |
There are many things we can do. We can get what we want, and we can accept nothing or what the school gives.
I choose to get what I want. Don't like it? Tough. You can have a pot or pink rice cooker in September then.
I don't understand why you feel a need to argue this issue when I got what I wanted. It's rather silly. |
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