Korean Job Discussion Forums

[buster brown]

I've just completed 3 years at my unigwon and signed a new contract at the same university, but working as an assistant professor for another department on campus. The new position is only on paper, as I work out of the same office, with the same managers, teaching the same classes as I did under my unigwon contract. Since I've changed positions, the unigwon will pay my severance this month. This is where the problem comes in.

I've worked for 36 complete months with no severance payout, so I was expecting to receive the equivalent of 3 months' average pay (average of the final 3 months of my last year at the unigwon). However, they have told me that they are deducting (negatively prorating?) my severance based on the fact that I worked less than 15 hours per week average in seven months during the previous 3 years. That means they want to pay me 2-5/12 of my average monthly pay instead of the full 3 months that I was expecting.

Is there a precedent for this? What makes them think that they can deduct from my severance on this basis? If my managers insist that their calculations are accurate and legal, what recourse do I have to get it corrected?

I've read through all of the severance posts and I've also read through the applicable parts of the labor law and I can't find anything that says my employers have the right to take anything out of my severance pay. I hope that someone can give me some solid advice or info on my situation. Ttompatz...can you help me???

[Alias77]

That sounds complicated. I advise you to speak to a labor lawyer to find out the truth of your position. You might even learn of other infractions that your employer has committed of which you are unaware. However, going down that path could be the end of your employment with this company. It sounds like it could be a matter of thousands of dollars though, which is quite serious.

[ttompatz]

[buster brown]

Thanks for your response. Under my old contract I was an hourly employee, so I can see that they are trying to say I was only working part-time during those months. Have you ever heard of this happening before? I thought I knew all of the tricks that employers try to pull with severance but this one threw me for a loop. I'm trying to figure out where my managers got the information that they could retroactively take away months of service from my employment history. I'd prefer to settle the dispute by sitting down and discussing the situation, so the labor board option is pretty much out. Any other advice would be appreciated.

[tob55]

Another issue is the fact they cannot retroactively reduce the amount you are owed based on a new policy they have created to keep the portion of the money you are rightfully entitled to receive. As a contract employee, regardless of hourly or salaried, you should have it clearly delineated in writing what you are to receive in advance of the contract and not after the fact. I am quite sure you CAN take this to the Labor Board and win this without fear of losing your job.

Chalk it up to another money pinching employer who wants to pocket money in some form while taking advantage of their employees.

As for not involving the Labor Board I would simply say, get used to the fact you are going to lose money, because without the LB being involved you are not going to win on any level.

[buster brown]

Well, an update is in order. The manager I'm dealing with is new to the job (about a month) and she's largely repeating what was told to her by the previous manager. One of my most comforting thoughts during this process is that the previous manager knew very little about contracts and probably hadn't read the Labor Standards Act.

After initially trying to deduct 7 (out of 36) months from my severance, I found records to prove that I'd taught classes during 4 of those months...which she and I both agreed on. Now I'm down to 3 months deducted from my severance. I've continually told her that I don't agree with the concept of deducting from my severance, but I'm hedging my bet in case I have to agree to it in the end.

This afternoon I let her know the specific reasons I disagree with the policy: working hours don't mean just teaching hours...according to my contract, preparation, meetings, grading and office hours are also required even though they're not compensated; and my contract specifically states that I will receive severance for each year worked with no stipulation for deductions (making it a contractual issue) along with a clause in the contract that requires any changes to be made in writing.

I also found the smoking gun, FAQ number 27 posted on the Ministry of Employment and Labor website http://www.moel.go.kr/english/sai/saiFaq_view.jsp?idx=136. It clearly states what should and shouldn't be included in severance calculations. Whether I've taken time off or the school doesn't schedule enough hours, it's supposed to be included in the period of consecutive service.

The manager I'm dealing with is clearly on my side, but she's always walking the line between keeping both the teachers and the upper-level managers happy. That's one reason I've been trying to work with her to give her the information to make the right decision. I've continually reminded her that nothing we're discussing is personal, it's all about business. I also recognize that I'm setting precedent for teachers that leave the job after me. One of the things my manager has said to try and convince me is that "the other teachers have been paid the same way." She's even been willing to show me how she calculated their severance pay. I really don't care if they accepted a lesser deal. They should have educated themselves about the issue.

I'll meet with her again on Monday afternoon to see what we can work out. Hopefully she will have talked with the general manager by that time and shown him what the MOEL says about the issue.