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Severence Question

 
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midnightpariah



Joined: 15 Mar 2010

PostPosted: Mon Feb 17, 2014 6:51 pm    Post subject: Severence Question Reply with quote

If you quit halfway through your 2nd contract, are you entitled to the severance for completing your 1st contract?
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Porksta



Joined: 05 May 2011

PostPosted: Mon Feb 17, 2014 7:18 pm    Post subject: Reply with quote

You get one and a half severances.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Mon Feb 17, 2014 7:25 pm    Post subject: Reply with quote

Assuming you didn't get severance already for your first year.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Tue Feb 18, 2014 2:49 am    Post subject: Re: Severence Question Reply with quote

midnightpariah wrote:
If you quit halfway through your 2nd contract, are you entitled to the severance for completing your 1st contract?


Did you collect severance after your first year? If not then you can collect severance now. Severance is calculated based on how many months you've worked (not year). It's 1/12 of your average monthly income over the last 3 months. It includes any payments that are regular monthly or quarterly payments (e.g. housing allowance, travel allowance). It does not include non-monetary benefits (e.g. apartment, bus pass, free lunches). If your salary increased while you worked there, then the LAST 3 months are used to calculate severance for the entire period of employment. If you made 2 million per month for the first year and then got 2.5 after a total of 18 months, your salary would be calculated as 2.5mil/12 * 18.

If you collected severance after the first year, then the clock starts again and you would get nothing for the last 6 months you worked there.
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schwa



Joined: 18 Jan 2003
Location: Yap

PostPosted: Tue Feb 18, 2014 2:59 am    Post subject: Reply with quote

Its safe to assume the OP didnt get an annual payout after the first year, thats been illegal for at least a couple of years.

Re: other extra benefits getting factored in, well maybe, good luck. Public schools base severance on base salary only.
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Rocky Baptiste



Joined: 04 Jul 2012

PostPosted: Mon Mar 10, 2014 6:59 am    Post subject: Reply with quote

schwa wrote:
Its safe to assume the OP didnt get an annual payout after the first year, thats been illegal for at least a couple of years.


I'm curious about this, as where I am (Ulsan) it seems all the hagwons still pay severence on a yearly basis. When did the law change? I'm almost finished a year at my hagwon and I'm about to re-sign for 6 more months. I just want to make sure I'm not going to miss out on any money owed to me.

Can anyone confirm this by giving me a link to the actual law for this. I'm worried my director will want to pay my severance for just the 12 months rather than 18 if it saves them a bit of cash. But if it's not legal I'd like to know exactly what part of the law I should refer them to.
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Rocky Baptiste



Joined: 04 Jul 2012

PostPosted: Thu Mar 13, 2014 8:54 am    Post subject: Reply with quote

BUMP!

Any chance anyone can help with my query?
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enderkay



Joined: 05 Dec 2012
Location: Ilsan

PostPosted: Sat Mar 15, 2014 6:27 pm    Post subject: Reply with quote

Okay, obviously I misunderstood what severance was. I thought it was just a bonus for the completion of your contract, but I guess not. (I just kind of fell into teaching, so I didn't do any research beforehand.)

I have a marriage visa, so I worked for two months at a hagwon without a contract, then got contracted for a year. I finished that contract and moved to another hagwon, and I'm pretty sure the only reason they gave me any severance at all was because my husband called and badgered them.

So I have three questions:

1. Am I entitled to extra money for the two uncontracted months I worked in the beginning? Or can I kiss that money goodbye? And if I am entitled, is there any way to force them to give it to me?

2. Are we sure that severance includes the housing allowance? Both my current hagwon and the one I left said that it doesn't.

3. Should taxes be taken out of my severance? It's fine if they are, but I just want to be sure.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Sun Mar 16, 2014 6:03 pm    Post subject: Reply with quote

enderkay wrote:
Okay, obviously I misunderstood what severance was. I thought it was just a bonus for the completion of your contract, but I guess not. (I just kind of fell into teaching, so I didn't do any research beforehand.)

I have a marriage visa, so I worked for two months at a hagwon without a contract, then got contracted for a year. I finished that contract and moved to another hagwon, and I'm pretty sure the only reason they gave me any severance at all was because my husband called and badgered them.

So I have three questions:

1. Am I entitled to extra money for the two uncontracted months I worked in the beginning? Or can I kiss that money goodbye? And if I am entitled, is there any way to force them to give it to me?

2. Are we sure that severance includes the housing allowance? Both my current hagwon and the one I left said that it doesn't.

3. Should taxes be taken out of my severance? It's fine if they are, but I just want to be sure.


1. You can kiss that goodbye. Without a contract you have no proof that you were working there.

2. Severance is an amount equivalent to 30 days average wages. IF your housing allowance was included as part of your wages then it is included. However many schools will refuse. Public schools for example only pay base salary.

3. Yes...the taxman wants his share of any money you make. Smile
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