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Ending third contract early, no return flight money.

 
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Shenanigans17



Joined: 26 Apr 2012
Location: Jeju

PostPosted: Wed Aug 24, 2016 7:08 pm    Post subject: Ending third contract early, no return flight money. Reply with quote

My partner and I have been working at the same hagwon for 2 and half years. We're leaving, with 3+ months notice given to our boss, 4 months shy of finishing our third contract. Our boss said that she's not required to pay the flight because we didn't finish this contract. We thought the flight money was for us after we finished one full year, but we wouldn't receive it until we finished working at the hagwon.

She also said we're not entitled to the third year's (8 months will be completed) partial severance either. The labor board said we should receive the pro rated severance for the entire time we've worked even if we leave early.

We called the labor board to ask about the flight and they said they don't have a law regarding this issue but we can contact a lawyer if we want. We're pretty salty because we acted as recruiters to find a replacement couple for the boss for free since we we're leaving a bit early so we expected to get the full pension, severance, and flight money without a fight but it seems that's not going to happen. I thought if she's going to interpret the contract this way we would be entitled to a flight for each contract we did complete already, which would mean she owes us 2 flights already.

The labor board said re-signing a contract is the same as extending it and that's why the severance is prorated and not broken up by each year. Would that not mean that I worked one long contract and am entitled to one plane ticket as the contract said I need to complete 12 months to get the ticket?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Aug 24, 2016 8:44 pm    Post subject: Re: Ending third contract early, no return flight money. Reply with quote

Shenanigans17 wrote:
My partner and I have been working at the same hagwon for 2 and half years. We're leaving, with 3+ months notice given to our boss, 4 months shy of finishing our third contract. Our boss said that she's not required to pay the flight because we didn't finish this contract. We thought the flight money was for us after we finished one full year, but we wouldn't receive it until we finished working at the hagwon.

She also said we're not entitled to the third year's (8 months will be completed) partial severance either. The labor board said we should receive the pro rated severance for the entire time we've worked even if we leave early.

We called the labor board to ask about the flight and they said they don't have a law regarding this issue but we can contact a lawyer if we want. We're pretty salty because we acted as recruiters to find a replacement couple for the boss for free since we we're leaving a bit early so we expected to get the full pension, severance, and flight money without a fight but it seems that's not going to happen. I thought if she's going to interpret the contract this way we would be entitled to a flight for each contract we did complete already, which would mean she owes us 2 flights already.

The labor board said re-signing a contract is the same as extending it and that's why the severance is prorated and not broken up by each year. Would that not mean that I worked one long contract and am entitled to one plane ticket as the contract said I need to complete 12 months to get the ticket?


Severance is a labor board issue.
Airfare is a contractual issue.

The labor board will deal with severance and wages. They won't touch issues that are not directly related to labor law. That is a civil matter and would require you to sue for it.

I would let your replacements know what they can expect from their new boss (without saying anything to your boss). If she ends up short two teachers.... oh well. Not your problem.

.
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