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Porksta
Joined: 05 May 2011
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 Posted: Fri Nov 23, 2012 1:13 am Post subject: Question on Severance |
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I teach kindy and elemetary. For pay purposes my kindy is considered salary, and my elementary overtime. I just learned today that my severance at the end of the year is my base pay, which means my 2.8 turns into a bonus of about 1.9. My contract says that my base pay will be my severance, but never says what my base pay is.
On another note, I get paid from kindy and elementary, but also get a meal allowance each month of 100,000. This 100,000 does not count towards my pension but I pay taxes on it.
How legal are these? |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Fri Nov 23, 2012 1:42 am Post subject: |
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| My contract says that my base pay will be my severance, but never says what my base pay is. |
I find that hard to believe. You signed a contract without a base monthly salary mentioned? I would like to see it. |
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Porksta
Joined: 05 May 2011
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| Posted: Fri Nov 23, 2012 2:32 am Post subject: |
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| My salary is stated in the contract, but I would not have thought twice about something that said "base pay". |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Fri Nov 23, 2012 3:01 am Post subject: |
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| Porksta wrote: |
| My salary is stated in the contract, but I would not have thought twice about something that said "base pay". |
So you would think twice if something didn't say "base pay"?
What are you trying to say here? You must have signed some contract with an amount mentioned in KRW, Korean won.
That would be your base salary. Your overtime would be listed. I doubt the contract specifically delineated overtime pay beyond a rate of something between 18-20,000. Whether it is kindy, elementary, junior high/middle school, high school, college, or adult is immaterial. It is immaterial.
If your salary is listed in the contract, is that the same as your kindy salary? If so, I don't think you have a case. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Nov 23, 2012 3:07 am Post subject: Re: Question on Severance |
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| Porksta wrote: |
I teach kindy and elemetary. For pay purposes my kindy is considered salary, and my elementary overtime. I just learned today that my severance at the end of the year is my base pay, which means my 2.8 turns into a bonus of about 1.9. My contract says that my base pay will be my severance, but never says what my base pay is.
On another note, I get paid from kindy and elementary, but also get a meal allowance each month of 100,000. This 100,000 does not count towards my pension but I pay taxes on it.
How legal are these? |
NOT legal.
From the labor standards act <article 2>:
5. The term �wages� in this Act means wages, salaries and
any other money and valuable goods an employer pays
to a worker for his/her work, regardless of how such
payments are termed.
6. The term �average wages� in this Act means the amount
calculated by dividing the total amount of wages paid to
the relevant worker during three calendar months prior to
the date on which the event necessitating such calculation
occurred by the total number of calendar days during
those three calendar months. This shall also apply mutatis
mutandis to less than three months of employment.
and from the related act (linked by article 34 of the LSA)
EMPLOYEE RETIREMENT BENEFIT SECURITY ACT:
<article 2>
3. "Wages" refers to wages under Article 2 (1) 5 of the
Labor Standards Act;
4. "Average wages" refers to average wages under Article 2
(1) 6 of the Labor Standards Act;
5. "Benefits" refers to an annuity or a lump sum paid to
workers under a retirement benefit scheme or an
individual retirement pension plan under Article 25;
Article 8 (Establishment, etc., of Retirement Pay System)
(1) An employer who intends to set up a retirement pay
system shall set up the system that makes it possible to pay a
retiring worker 30 days or more of the average wages for each
year of his/her consecutive service as retirement pay.
. |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Fri Nov 23, 2012 3:11 am Post subject: |
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Tom got to it first.
I was looking for that. My question in relation is do bonuses count towards final average wage. That is the move I think the OPs work place is trying. She gets a base pay AND a sort of overtime/bonus pay per month.
Sneaky move. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Nov 23, 2012 3:16 am Post subject: |
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LSA: ARTICLE 5... yes, they do but the fight for it won't be short or easy.
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Porksta
Joined: 05 May 2011
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| Posted: Fri Nov 23, 2012 4:30 am Post subject: |
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| Okay thanks for the info. I won't have to worry about the severance for a while, but it is good to know. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Fri Nov 23, 2012 4:54 am Post subject: |
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| Skippy wrote: |
| do bonuses count towards final average wage. |
"30 days or more of the average wages for each
year of his/her consecutive service as retirement pay. "
Sounds like the monthly salary which you would sign in agreement to in the contract.
Overtime has never been part of it, even if you call it a bonus. |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Fri Nov 23, 2012 5:58 am Post subject: |
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| YTMND wrote: |
| Skippy wrote: |
| do bonuses count towards final average wage. |
"30 days or more of the average wages for each
year of his/her consecutive service as retirement pay. "
Sounds like the monthly salary which you would sign in agreement to in the contract.
Overtime has never been part of it, even if you call it a bonus. |
Actually if in your average 3 months, a person worked overtime, they could end up with a higher severance.
The trick here is the schools is using quote bonus quote or quote overtime quote as NOT applicable to the final pay. I knew overtime does count in the final tally. Question from me was, does BONUS with any special quotes count towards the final tally. Tom said yep it does count.
The school things they are being tricky by avoiding, but it looks illegal and likely something that can be fought with labor board. Another aspect is the legalese and the BS contract language that trips some people up as it looks legit.
Good for the OP in doing her homework. |
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Porksta
Joined: 05 May 2011
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| Posted: Fri Nov 23, 2012 7:09 am Post subject: |
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| I'm a guy btw. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Fri Nov 23, 2012 9:22 am Post subject: |
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| Skippy wrote: |
| YTMND wrote: |
| Skippy wrote: |
| do bonuses count towards final average wage. |
"30 days or more of the average wages for each
year of his/her consecutive service as retirement pay. "
Sounds like the monthly salary which you would sign in agreement to in the contract.
Overtime has never been part of it, even if you call it a bonus. |
Actually if in your average 3 months, a person worked overtime, they could end up with a higher severance.
The trick here is the schools is using quote bonus quote or quote overtime quote as NOT applicable to the final pay. I knew overtime does count in the final tally. Question from me was, does BONUS with any special quotes count towards the final tally. Tom said yep it does count.
The school things they are being tricky by avoiding, but it looks illegal and likely something that can be fought with labor board. Another aspect is the legalese and the BS contract language that trips some people up as it looks legit.
Good for the OP in doing her homework. |
If you are going to throw that curve ball, then all the school has to do is to step aside, schedule 3 months without the overtime, and then where does your overtime argument go pilgrim? |
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NilesQ
Joined: 27 Nov 2006
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| Posted: Fri Nov 23, 2012 11:35 am Post subject: |
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Would seem to me that, in English, wages refers to money paid for work. Overtime WAGES are still wages. They aren't guaranteed, but are wages none the less.
On completion of my first contract, my school paid me the average of the last 3 months pay packets as my severence pay. I was on a 1.5M salary with overtime got paid abot 1.9 per month. My severence was 1.9. Now, they wanted me to recontract and treated me quite well in hopes of that happening.
I'd find out the Korean word used for "wages" in the actual Korean text of the legislation and find out what the interpretation of that word is. However, just because you're intitled to something here doesnt mean you'll get it. Sometimes the fight over $200 isn't worth the hassle. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Nov 23, 2012 3:59 pm Post subject: |
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Both the terms "WAGES" and "AVERAGE WAGES" are in fact explicitly defined terms under the labor standards acts. There is no wiggle room.
From the labor standards act <article 2>:
5. The term �wages� in this Act means wages, salaries and
any other money and valuable goods an employer pays
to a worker for his/her work, regardless of how such
payments are termed.
6. The term �average wages� in this Act means the amount
calculated by dividing the total amount of wages paid to
the relevant worker during three calendar months prior to
the date on which the event necessitating such calculation
occurred by the total number of calendar days during
those three calendar months. This shall also apply mutatis
mutandis to less than three months of employment.
. |
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Porksta
Joined: 05 May 2011
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| Posted: Fri Nov 23, 2012 6:40 pm Post subject: |
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I looked at my contract and here is what it says exactly.
Article 2: Salary
1) The employee shall be compensated as shown below.
A. Monthly compensation shall be 2.8 million Korean won.
B. Severance compensation of approximately the average of one month salary shall be provided to the employee at the completion of the Term of Employment.
So does this mean my severance must be 2.8 regardless of how my money is labeled when paid to me? |
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