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EZE
Joined: 05 May 2012
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 Posted: Wed Sep 05, 2012 4:03 am Post subject: Partial Month Pay Question |
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I started on August 20th and today was supposed to be payday. My boss told me I had two options. I could get paid today for ten days in August, or I could wait until September 20th and be paid for a full month.
There were ten work days in August, but I was under the impression that someone starting on August 20th and actually working on the 20th would get paid 12/31 of a month's salary. |
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Dodge7
Joined: 21 Oct 2011
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| Posted: Wed Sep 05, 2012 4:17 am Post subject: |
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| Quit. They're up to something... |
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EZE
Joined: 05 May 2012
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| Posted: Wed Sep 05, 2012 4:44 am Post subject: |
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Yeah, I'm starting to get some bad vibes about this place. I'm replacing a teacher who was fired in his ninth month and he replaced a teacher who was also fired in the ninth month. My boss doesn't even have me doing the visa run until the 17th, so I've been working illegally all this time.
This place is a huge step up from Wonderland, but at the risk of becoming a chronic quitter, a runner is starting to look like a possibility again.
She caught me off guard, so I wanted to double check on here with Ttom & the Gang. I'll get there extra-early tomorrow and have a talk with her. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Wed Sep 05, 2012 4:54 am Post subject: |
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| Quote: |
| I was under the impression that someone starting on August 20th and actually working on the 20th would get paid 12/31 of a month's salary |
Do you really want to bring it to that level?
If you are working a full year with an agreed monthly salary, why don't you ask to be paid for August now, and then get paid for September when you finish?
The issue then is the last month where you will work until the 19th. i see basically 2 weeks with 3 days in your favor.
A simple arrangement would be to get paid half now and then half at the end of the year. I don't like to calculate things based on days. It opens up too many doors for the school to use against you.
If the school only wants to pay 10/31, then are they willing to pay the remainder at the end of the year? Again we are addressing the absurdity of calculating things by days because you are hired with a monthly salary, so if you got paid 677,419 won (2.1 salary), you should still get 1,422,580 at the end (no calculation of days necessary).
Do they acknowledge this? If not, wait until the 20th then. |
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EZE
Joined: 05 May 2012
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| Posted: Wed Sep 05, 2012 5:02 am Post subject: |
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| My contract is through August 19, 2013. I don't think she will pay 21 days when my last day will be the 19th. Besides, no foreign teacher has ever made it beyond the nine month mark at this school. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Wed Sep 05, 2012 5:09 am Post subject: |
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| EZE wrote: |
| My contract is through August 19, 2013. I don't think she will pay 21 days when my last day will be the 19th. Besides, no foreign teacher has ever made it beyond the nine month mark at this school. |
It's possible you won't last 12 months, but it shouldn't matter. That's a side issue.
The point is they owe you a monthly salary. Unless you are getting paid by the hour, they don't get to divide the month up so your salary is less than the other 11 months.
It seems like waiting until the 20th would be the best (if they don't agree to half now, half later). Get paid on the same day to show a history. That way, if you need to fight it in court you can show this regular payment history.
I just thought getting paid for August and then in early October for September would reset things to a more regular schedule. It's really the school's decision. You agreed to start in the middle of the month, and to try to get paid earlier is asking them to do you a favor basically.
You are paid monthly, not weekly, not daily. If you want to get paid now, then it is you and not them who is changing the contract agreement. |
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EZE
Joined: 05 May 2012
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| Posted: Wed Sep 05, 2012 5:41 am Post subject: |
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| The contract says I'm to be paid on the 5th of each month. When I showed up to work today, I thought I would get paid for August 20-31. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Wed Sep 05, 2012 6:15 am Post subject: |
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| EZE wrote: |
| The contract says I'm to be paid on the 5th of each month. When I showed up to work today, I thought I would get paid for August 20-31. |
Either it only says that, or you are leaving out details about the first month you work if you don't start on the 1st.
If the contract says the 5th, that is 1) very good news (they usually don't pay until the 10th or later), 2) you haven't finished a month (the premise is that you would have worked 1 month, and then 5 days to wait to get paid.)
Based on what you stated, there is nothing to say they have to pay you on the 5th for days you worked in August until you finish a month. Your salary is most likely based on a monthly agreement, not weekly, not daily. Is there any information regarding partial salary payments?
If not, then you won't get far with labor board. They won't immediately rush to help you. In this case your school has offered to pay on the 20th, which is about 2 weeks before the next pay cycle. This can be looked at as another good thing. If they wanted to be jerks about it, they could tell you that you won't get paid until October 5th. Would you prefer that?
Again, I would ask for half now, half later. If they don't budge, then there isn't anything I see you can do but wait till the 20th. Don't divide these days up unless you want to make things complicated. |
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EZE
Joined: 05 May 2012
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| Posted: Wed Sep 05, 2012 6:31 am Post subject: |
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This is a cut and paste from the payment section of my contract:
a). PAYMENT & TAX
The Employer will pay a monthly salary of _ 2,200,000_won for regularly scheduled hours which we mentioned on the page 1 worked.
(Payment of salary commences from the first day of teaching.)
b). The Employer may ask the Employee to work over time, and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of _20,000 won per an hour.�Overtime will not include workshops, teachers training sessions or any other events scheduled by the School .
c). The employee salary will be paid on the 5th of each month.
d). 3.3 % Income Tax will be deducted from the salary according to the Korean tax law.
While it's only my third contract in Korea, it's my first time not getting a prorated salary on the first scheduled payday.
Even if October 5th is supposed to be the first payday, she will still doubtlessly pay only ten days for my twelve days in August. If I'm lucky, she'll pay me for all 30 days of September and not make deductions for weekends, which I'm concerned is the direction she's trying to go with this based on the way she is calculating the August pay. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Wed Sep 05, 2012 6:42 am Post subject: |
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I don't see anything in what you copied and pasted which would indicate they owe you until October 5th.
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| Even if October 5th is supposed to be the first payday, she will still doubtlessly pay only ten days for my twelve days in August. |
That's a very good point. So, if they are offering to pay on the 20th, then you should get paid for a full month. I would stick to that.
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| she'll pay me for all 30 days of September and not make deductions for weekends, which I'm concerned is the direction she's trying to go with this based on the way she is calculating the August pay |
If she does, then you will have a case. Until then, you have nothing to fight with. The salary is 2.2 regardless of weekends or days off. If you aren't sick or don't miss classes, then you should be paid. |
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ibeattheborg
Joined: 17 Dec 2010
Location: the deep blue sea
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| Posted: Wed Sep 05, 2012 1:46 pm Post subject: |
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| Your calculation is a little off. 12/31 includes weekends, you didn't work at the weekend. From my experience directors calculate part-months using the number of working days in the month. There were 23 working days in August, you worked 10 days so the correct fraction of monthly pay would be 10/23. This is the one to use. If your pay is 2.2 then your are due W960,000. Using your method (12/31) you would be due W850,000. But your director is correct you are actually owed 10 days, just make sure you get 10/23 of a full month's pay. |
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NYC_Gal 2.0
Joined: 10 Dec 2010
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| Posted: Wed Sep 05, 2012 3:14 pm Post subject: |
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| Just wait until you've worked a month for your pay. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Wed Sep 05, 2012 3:31 pm Post subject: |
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| ibeattheborg wrote: |
| Your calculation is a little off. 12/31 includes weekends, you didn't work at the weekend. From my experience directors calculate part-months using the number of working days in the month. There were 23 working days in August, you worked 10 days so the correct fraction of monthly pay would be 10/23. This is the one to use. If your pay is 2.2 then your are due W960,000. Using your method (12/31) you would be due W850,000. But your director is correct you are actually owed 10 days, just make sure you get 10/23 of a full month's pay. |
How do they calculate the last month then?
It would be 10/22 instead? If so, the teacher would get 60,000 more than the salary.
In August 2013, there are 31 days, but 9 of them are weekend days. In 2012, there are 8. |
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ibeattheborg
Joined: 17 Dec 2010
Location: the deep blue sea
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| Posted: Thu Sep 06, 2012 2:27 pm Post subject: |
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| In August 2013 there are 22 working days, the OP will work 13 of those because his contract ends on the 19th of August. So the calculation is 13/22 of a full months salary. The total of the first and last month is approximately a full months pay(23 working days or W2,260,000). So yes there is a W60,000 benefit to the OP. I hope he doesn't spend it all in the one place! |
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newb
Joined: 27 Aug 2012
Location: Korea
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| Posted: Fri Sep 07, 2012 1:48 am Post subject: |
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| ibeattheborg wrote: |
| In August 2013 there are 22 working days, the OP will work 13 of those because his contract ends on the 19th of August. So the calculation is 13/22 of a full months salary. The total of the first and last month is approximately a full months pay(23 working days or W2,260,000). So yes there is a W60,000 benefit to the OP. I hope he doesn't spend it all in the one place! |
It is my understanding that you shouldn't calculate based on working days. Instead, you should calculate based on number of days in that month. In OP's case, August has 31 days. Calculation should be: 19/31. |
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