Korean Job Discussion Forums

RedRob · Joined: 07 Jul 2003 Location: Narnia

Can some kind person point out where there is a document stating the details of severence as per korean law. I have a friend here that is getting shafted, but I can't see anything in ESLLaw's site. Even the Korean co-workers agree its wrong, but they can't help with details

buymybook · Joined: 21 Feb 2005 Location: Telluride

Let's begin with the contract, what does it say? Can you be more vague? We need more details!

peemil · Joined: 09 Feb 2003 Location: Koowoompa

Ask Grotto. Grotto knows everything.

Grotto · Joined: 21 Mar 2004

Labour standards act article 34
An employer shall establish a severance pay system whereby an average wage of more than 30 days shall be paid for each year of consecutive year employed as a severance pay to a retired worker; however, if the worker was employed for less than one year this shall not apply.

It is the law

RedRob · Joined: 07 Jul 2003 Location: Narnia

Sweet Jeasus Grotto, You really do know everything!

erm......you wouldn't happen to know where I can get a copy of this article 34?

Grotto · Joined: 21 Mar 2004

if you go to the Korean labour board website you can download the PDF file with the entire labour laws.

http://www.koilaf.org/db_view_1.php?name=Labor%20Laws&num=6

the actual labour board website is

http://www.molab.go.kr:8787/

Len8 · Joined: 12 Feb 2003 Location: Kyungju

Grotto as your the expert I have a question about Pension. I am an Australian and my university is going to start a private pension fund and put us on it. They want to transfer everyone from the national pension to the private pension. Would I as an Australian automatically have my accumulated pension transferred without a hitch. The university seem to think there wouldn't be any problem.

Would they have to demand it by power of being a university whereim the National pension fund people would just make the transfer unconditiomally.

Anyone know a number I can call

Derrek · Joined: 15 Jan 2003

Aussies DO NOT get ANYTHING back when they do Pension NATIONALLY.

You'll be throwing your money out the window if it's national.

It has to do with reciprocal agreements between countries. You will only lose money if you join the pension program.

Private fund... I have no idea!

Grotto · Joined: 21 Mar 2004

National plan you dont get it back. You would have to check the specs of the private plan to find out. I do know of a Brit who worked at a Uni that had their own private pension plan and he got back his cash.....ask the uni.

canukteacher · Joined: 21 Jan 2003 Location: Seoul, Korea

I can't point you to the law. However, I can tell you what happened to me.
I was fired in the 11 month of my second year. Quite simply I had signed for a third year, and then decided I did not want to stay. The employer got nasty...............anyway long story and I digress.

My employer refused to pay my serverance. I took them to the MOL and I won. My employment was continuous beyond the full year (I had the contracts and pay stubs to prove it). The employer paid my severance. I was told by MOL that if they didn't criminal charges would be laid. Thankfully it did not come to that.

If you go to MOL they will want to see your contracts, bank book and last three months of your pay stubs.

I am sure that someone here will disagree with me. All I can tell you is that this is what happened to me. I smiled the day the money hit my bank account.

Good luck.

CT