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bbud656
Joined: 15 Jun 2010
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 Posted: Fri Feb 22, 2013 2:05 pm Post subject: Is anyone available to answer a severance question via PM? |
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| I am in a sticky situation with my school and need some advice. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Fri Feb 22, 2013 2:32 pm Post subject: |
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| Post the stickiness here. No PMing needed. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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bbud656
Joined: 15 Jun 2010
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| Posted: Fri Feb 22, 2013 4:45 pm Post subject: |
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Last edited by bbud656 on Fri Feb 22, 2013 6:35 pm; edited 1 time in total |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Fri Feb 22, 2013 5:27 pm Post subject: |
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| basically I work for a hagwon type of school that the university owns |
I guess that would be a "unigwon"?
Unless I am corrected, it still falls under university. Nothing hagwonish in the technical sense even though the job might feel like it.
| Quote: |
| I pay into the public pension system, while professors pay into a separate private pension. Seems like some gray area. They say I'm not entitled to severance. |
What does pension have to do with severance? Pension is retirement money owed to you. Severance is a 13 month pay at the end of a 12 month contract. Two different things.
The employer pays into the pension 50% and you pay the other 50%. When you leave the country you apply to get it.
With severance, they pay you (hopefully on the last day working for the school), whereas you wait a month to get pension money and it's not sent from the school.
As far as the issue at hand, getting your severance money, I would weigh how much you are actually working. Anything less than 10 hours I wouldn't fight it. If you are doing 30 or more, then ttompatz probably got a PM from you and provided the missing details if you want to fight it.
I am surprised you didn't think about this until now. It might be a lesson to learn so you find out about this earlier on with the next school. |
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bbud656
Joined: 15 Jun 2010
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| Posted: Fri Feb 22, 2013 5:46 pm Post subject: |
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Last edited by bbud656 on Fri Feb 22, 2013 7:16 pm; edited 1 time in total |
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bbud656
Joined: 15 Jun 2010
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| Posted: Fri Feb 22, 2013 5:48 pm Post subject: |
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| And i've thought about this plenty of times before, but our english speaking person quit like 9 months ago and they didnt see it important to replace her, so I had no one to ask until now. Also, its time for a new contract and this would be the time to ask I think. |
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newb
Joined: 27 Aug 2012
Location: Korea
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| Posted: Fri Feb 22, 2013 6:44 pm Post subject: |
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| It doesn't matter. You are entitled to both severance and pension even if your contract says otherwise, because labor law trumps any BS contract. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Fri Feb 22, 2013 7:06 pm Post subject: |
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| It literally is a side cash cow type thing the uni owns. I like the job. I will keep it if they are giving me severance or not, but i wanted to know if they are supposed to be because I like money. |
What was the agreement? If you worked 1 hour legally at a second school, should you get severance? Of course not using common sense.
So, does your job with 19 more qualify you for severance?
The office hours in my opinion make it a stronger case for you. It's not just a side cash cow, moose, or orangutan thingamajiggy kazoo with blinking lights type thing.
Is this the only job you are doing? If so, I would fight it. |
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bbud656
Joined: 15 Jun 2010
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| Posted: Fri Feb 22, 2013 7:14 pm Post subject: |
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| yeah, only job. Is this something I could fight on my way out in a year? Anything I do to stir the pot over on the administrative side comes back to bite me and I have a pretty good situation as is. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Fri Feb 22, 2013 7:52 pm Post subject: |
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| Is this something I could fight on my way out in a year? |
Maybe I don't understand your situation. You haven't spelled out anything in this thread and you deleted the only glimpse into your dilemma.
So here are the IF's:
1) If you are starting at a school that from the start says they won't pay severance, then I would look elsewhere.
2) If you have already finished or near to finish one year and are considering re-signing for another year (same school), are you actually willing to work into a 2nd year knowing they don't want to pay severance? (That's insanity).
The thing about severance is that you have to complete 1 year before getting it. Then, you can get prorated 1/12 each additional month starting with 13/12 to 24/12 (twice your salary).
3) If you want more help, you really ought to spell out your situation and not just ask vague questions. And don't delete your posts. We don't know what is going on. |
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bbud656
Joined: 15 Jun 2010
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| Posted: Fri Feb 22, 2013 9:55 pm Post subject: |
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| Thanks for trying to help. Some things are worth more than money in Korea. The severance is something I would like, but in the end isn't a must compared to some of the other benefits I get. Sorry about deleting stuff, I try to keep as low of an internet profile as possible and my job is pretty unique and identifying, so I didnt want to go into too many details. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Fri Feb 22, 2013 10:19 pm Post subject: |
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| bbud656 wrote: |
| Sorry about deleting stuff, I try to keep as low of an internet profile as possible and my job is pretty unique and identifying, so I didnt want to go into too many details. |
If people quote you, then you deleting the information isn't going to completely remove it. Also, readers will not be able to follow the suggestions and may misunderstand what was intended.
If you are afraid of your school finding out you asked about severance issues, then either quit and find a better school or accept no severance and don't pursue collecting.
I don't understand playing detective spy like a spouse spying on the other because they think the other one is cheating on them. If they are, get the divorce and move on. If they aren't, then put everything on the table.
It's better for you, and it is better for everyone all around to be on the same page.
Your situation isn't that unique either. |
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schwa
Joined: 18 Jan 2003
Location: Yap
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| Posted: Sat Feb 23, 2013 12:14 am Post subject: |
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| YTMND wrote: |
| OP wrote: |
| I pay into the public pension system, while professors pay into a separate private pension. Seems like some gray area. They say I'm not entitled to severance. |
What does pension have to do with severance? Pension is retirement money owed to you. Severance is a 13 month pay at the end of a 12 month contract. Two different things.
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The two are related in the case of some private universities that impose a private pension system. As I understand it, this precludes them from paying severance. Heres a bit of evidence:
http://askkorealaw.com/2009/02/11/severance-payment-or-retirement-pension-in-private-university/
However, the OP states that he's paying into the NPS. This should make severance mandatory. His admin office might be confused because the other profs arent entitled to it. In the OP's boots, I would seek out the relevant laws in Korean & calmly present them to the admin money person.
But as he intends to renew, he'll have to wait till the end of his final contract to see any cash. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Sat Feb 23, 2013 1:42 am Post subject: |
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| However, the OP states that he's paying into the NPS. This should make severance mandatory |
I am sorry, I don't see the connection. If you worked 4 months and left, you wouldn't get 4/12 (1/3) of your salary. Are you saying that by taking a second year and prorating, then you can get 16/12 salary (moving the leaving date just one year ahead in this example)?
That might explain why someone would sign a second contract with a school that has stated they don't want to pay severance.
| Quote: |
| But as he intends to renew, he'll have to wait till the end of his final contract to see any cash. |
That's like a wife who has been threatened giving the husband another year to see if he actually punches her so she can take him to court and get custody of her children (before divorcing him). In this case, the reward is not as good, and the money could be had with another job and without any legal action. You might as well divorce now, get a new school, and avoid the bruises.
I don't see how anyone in their right mind would continue working for someone who has already stated they do not intend on paying benefits that person wants. |
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