| View previous topic :: View next topic |
| Author |
Message |
arod204
Joined: 16 May 2014
|
 Posted: Fri May 23, 2014 11:14 pm Post subject: How long can they legally wait to give you your first pay? |
 |
|
So I arrived on the 21st or April, they pay on the 10th of each month. They told me my first pay check will be on the 10th of June which is pretty much 50 days.
They gave me a pay advance of $400.00 so far, but I'm not too stoked on the situation. Is it legal/normal to wait so long for the first paycheck? |
|
| Back to top |
|
 |
Hokie21
Joined: 01 Mar 2011
|
| Posted: Sat May 24, 2014 12:06 am Post subject: |
|
|
You should have received partial payment on May 10th for the work you did between the 21st and the 10th....then assuming you worked a full month in May your first real paycheck would be paid on June 10th.
Are they saying this $400 they've given you will be deducted from your June 10th paycheck? Sounds shady to me. What does your contract say? |
|
| Back to top |
|
|
nicwr2002
Joined: 17 Aug 2011
|
| Posted: Sat May 24, 2014 12:26 am Post subject: Re: How long can they legally wait to give you your first pa |
|
|
| arod204 wrote: |
So I arrived on the 21st or April, they pay on the 10th of each month. They told me my first pay check will be on the 10th of June which is pretty much 50 days.
They gave me a pay advance of $400.00 so far, but I'm not too stoked on the situation. Is it legal/normal to wait so long for the first paycheck? |
It's kinda normal for some places to do this. However, assuming you are being paid 2.2 million won a month you partial pay should be around 1,650,000. So, by June 10 it should be 3,450,000 won gross, and that is already including the 400,000 advance you received. |
|
| Back to top |
|
|
beentheredonethat777
Joined: 27 Jul 2013
Location: AsiaHaven
|
| Posted: Sat May 24, 2014 1:50 am Post subject: |
|
|
Many hogwan contracts say," with the exception of the first month, teacher will receive X number of dollars per month."
Having said that, usually the wait is 6-7 weeks in a hogwon (from personal experience and that of hundreds of other teachers here)before the first paycheck is issued.
So, basically two weeks withheld, so you don't run away and also to save for your return flight.
In the meantime, if I were you, I'd keep getting money from them, saying you need to buy things really bad, etc. urgent bill to be paid back home,ONLY if you think something shady is going on.
Otherwise, on June 10, you'll get paid! Most certain, it won't include April. or June. Only May. That is how private schools budget their finances.
Also, I have seen a few contracts that read that two weeks will be considered non- paid observation/training. What does yours say?
I hope this helps to calm you. I know its a LONNNNNNGGGGGGGGGGG wait until pay day!#Beentheredonethat777
Public schools( in my experience would have given you a partial payment on first pay date. |
|
| Back to top |
|
|
ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
|
| Posted: Sat May 24, 2014 8:02 am Post subject: Re: How long can they legally wait to give you your first pa |
|
|
| arod204 wrote: |
So I arrived on the 21st or April, they pay on the 10th of each month. They told me my first pay check will be on the 10th of June which is pretty much 50 days.
They gave me a pay advance of $400.00 so far, but I'm not too stoked on the situation. Is it legal/normal to wait so long for the first paycheck? |
The normal pay schedule would have been to pay you for your actual work days from April 21 - 30 on your May 10 pay date. This would be a prorated amount.
There are two acceptable ways under GAAP to handle the prorata calculation:
a) Divide your actual days worked, guessing that you actually worked 8 days from 21 - 30 in April, by the number of work days (including holidays, but not weekends). So, 8/22 x your monthly salary. Or...
b) (Not quite as common and not as representative as actual work days) Divide the number of days you are under contract and in Korea for the month (10) by the number of days in the month. So, 10/30 x your monthly salary.
The school should pick one and be consistant, however. Under some circumstances (a) will be higher and other times (b) will be higher. Some clever accountants will always choose the lower of the two.
Having been paid for your April work days on May 10, then you would be paid for the full month of May on your June 10 pay date.
Since Pension and Health Insurance are based on full calendar months, it is normal to pay for full calendar months 5 to 10 days after the month worked. Partial months - generally the first and last - are prorated.
In your case, you are being screwed or at least unjustifiably delayed. (This could be an early warning sign of financial problems.) If they don't catch up by June 10, by paying you the balance you are due from April plus all of May, less appropriate amounts for Income tax, health insurance, pension and other deductibles according to your contract, you should prepare to quit and move on. |
|
| Back to top |
|
|
arod204
Joined: 16 May 2014
|
| Posted: Sun May 25, 2014 4:07 am Post subject: |
|
|
| I am wondering what happens if I get in trouble or fired before then? I've had some issues with my Hagwon about 2 weeks ago over the situation I was left with, and last Friday they wrote me up for leaving class to make copies for a kid who forgot his book. If they give me more write ups or let me go before the 10th of June, will I have any chance at getting money? |
|
| Back to top |
|
|
ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
|
| Posted: Sun May 25, 2014 4:53 am Post subject: |
|
|
Probably not.
. |
|
| Back to top |
|
|
Weigookin74
Joined: 26 Oct 2009
|
| Posted: Tue May 27, 2014 10:19 pm Post subject: |
|
|
| arod204 wrote: |
| I am wondering what happens if I get in trouble or fired before then? I've had some issues with my Hagwon about 2 weeks ago over the situation I was left with, and last Friday they wrote me up for leaving class to make copies for a kid who forgot his book. If they give me more write ups or let me go before the 10th of June, will I have any chance at getting money? |
Sounds like a bunch of a holes. work until June 10th and quit. Write up for making photocopies? Couldn't they have just told you not to do it or something? Sounds like you're in for a good year.... |
|
| Back to top |
|
|
ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
|
| Posted: Tue May 27, 2014 10:44 pm Post subject: Re: How long can they legally wait to give you your first pa |
|
|
| arod204 wrote: |
So I arrived on the 21st or April, they pay on the 10th of each month. They told me my first pay check will be on the 10th of June which is pretty much 50 days.
They gave me a pay advance of $400.00 so far, but I'm not too stoked on the situation. Is it legal/normal to wait so long for the first paycheck? |
40 days (common enough in the hagwon industry) is illegal but tolerated.
14 days late and you have a valid claim for unpaid wages at the labor board. (30+14=44)
50 days is a flagrant violation.
Article 43 (Payment of Wages)
(1) Payment of wages shall be directly made in full to worker
in cash; however, if otherwise stipulated by Acts and
subordinate statutes or by a collective agreement, wages may
partially be deducted or may be paid by other than cash.
(2) Wages shall be paid at least once per month on a fixed
day; however, this shall not apply to extraordinary wages,
allowances, or any other similar payment or those wages
provided for by the Presidential Decree.
http://www.moel.go.kr/english/poli/poliLaw_view.jsp?idx=254&tab=6 |
|
| Back to top |
|
|
ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
|
| Posted: Fri May 30, 2014 10:04 am Post subject: Re: How long can they legally wait to give you your first pa |
|
|
| arod204 wrote: |
So I arrived on the 21st or April, they pay on the 10th of each month. They told me my first pay check will be on the 10th of June which is pretty much 50 days.
They gave me a pay advance of $400.00 so far, but I'm not too stoked on the situation. Is it legal/normal to wait so long for the first paycheck? |
I responded to one of your other threads and you should quit this job. I previously wrote above what is "normal" or most common.
As to what is legal:
In Korea, health insurance, and pension are based on calendar months. Every month is billed as a full month at a flat rate. As a consequence of that plus tradition, nearly every employer also uses calendar months in payroll computation. The Labor Office has no choice but to follow this calendar month system. This means that you can legally have a first month with no payday.
In Korea your first month is almost always a partial month. Unless you start on the 1st of the month, not the 2nd or later, your first month is a partial month; this is true even if the first is a Sunday so that you've worked every possible work day, it's still a partial month. As such, you do not pay for Pension for the first partial month - they will enroll you early, but they will refuse to cover you and will not bill for Pension until your first full month, and generally the Health Insurance Office will follow suit for the first partial month.
(On the other end of your employment, in your final month you will be billed for a full month for Pension and Health Insurance, even if it's a partial month of only one day.)
As for your pay. If you are paid every month on the same day for the previous month, then it is legal for your first payday to be in the following month - in your case on the 10th. If you had been working on the 10th in that first month, they could have given you a paystub showing your pay for the previous month of zero and satisfied the labor law requirement of being paid at least once per month.
Since you started in April (the actual day doesn't matter) and since your contract specifies a pay date of the 10th of each month, your pay for April was due on the 10th of May. After that your pay was legally late. Once your employer was 14 days late, the grace period allowed to an employer, the Labor Office could legally take action to collect your wages from your employer. |
|
| Back to top |
|
|
EZE
Joined: 05 May 2012
|
| Posted: Fri May 30, 2014 10:58 am Post subject: |
|
|
| Weigookin74 wrote: |
| arod204 wrote: |
| I am wondering what happens if I get in trouble or fired before then? I've had some issues with my Hagwon about 2 weeks ago over the situation I was left with, and last Friday they wrote me up for leaving class to make copies for a kid who forgot his book. If they give me more write ups or let me go before the 10th of June, will I have any chance at getting money? |
Sounds like a bunch of a holes. work until June 10th and quit. Write up for making photocopies? Couldn't they have just told you not to do it or something? Sounds like you're in for a good year.... |
It's not uncommon. Wonderland threatened to take money out of my paycheck for making photocopies. |
|
| Back to top |
|
|
pattinsons
Joined: 28 Jun 2009
|
| Posted: Mon Jun 02, 2014 8:07 pm Post subject: |
|
|
I agree with those that are telling you to head for the hills. It seems that you have a bad situation.
Although I have never experienced this I have heard of other people who do get paid for a partial month with their first full month. It seems first pay day is at the discretion of the hagwon.
All in all it seems you have landed a dud of a hagwon. Good luck. |
|
| Back to top |
|
|
arod204
Joined: 16 May 2014
|
| Posted: Tue Jun 03, 2014 7:38 am Post subject: |
|
|
Can they deposite the money into my already made Korean bank account if I don't have my arc card yet? It will be arriving on the 14th, and the 10th in the first payday.
Boss is telling me she cant pay me without an ARC card. |
|
| Back to top |
|
|
Troglodyte
Joined: 06 Dec 2009
|
| Posted: Fri Jun 06, 2014 3:27 am Post subject: |
|
|
| arod204 wrote: |
Can they deposite the money into my already made Korean bank account if I don't have my arc card yet? It will be arriving on the 14th, and the 10th in the first payday.
Boss is telling me she cant pay me without an ARC card. |
You don't need the ARC. That's just an ID card. You're in the system from the time that you actually apply for the card. The card is just a physical item, a nice handy place to store the relevant info that you might need later or might need to show someone (e.g. the popo). |
|
| Back to top |
|
|
bttrcp8890
Joined: 21 Nov 2012
|
| Posted: Fri Jun 13, 2014 12:31 am Post subject: Past experience |
|
|
| My last hagwon was not paying us on time and at one point it was a month late. It happened 4 times within the year. We called immigration and they told us we couldn't really do anything unless we were no longer working at the school. You can file a complaint but the school will be informed who filed a complaint against them. The law does say 14 days I believe, but from what two different people told me from immigration is that it only applies if you are not working there anymore. So they see it as if you are still working there and haven't quit from not being paid, than you have to wait until the pay is given to you. |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
