Korean Job Discussion Forums

[UncleAlex]

Regarding my post of April, I finally contacted the Korea Labor Board in
Incheon and learned that an employer is under no legal obligation to pay
severance or bonus at the end of the contract period, if it's under 365 days.
A contract period of 364 days makes one just as ineligible for severance pay
as one who has a 6 month contract. Talk about being rigid!

[Kimchieluver]

No, you are elligible for severance pay at your 11 month. They pro-rate it as 11/12 of your severance pay. This is to keep both foriegners and Koreans protected. However, if your contract is less than a year, which is less than immigration would allow, they are not bind to paying serverance pay.???

[dulouz]

Ask immy about your contract. If they don't allow contracts under one year and you have a contract of less than one year, you may have an invalid contract which means you are free to leave. I would not want to hang around someone like your boss because you don't know what is going to happen next.

[prosodic]

[turtlepi1]

[dreamscape]

The first year of your contract must be fully completed to receive severance. If you extend for any length of time after that then you will be paid on a pro-rated basis (ie 1/4 severance for 3 months etc.).

[prosodic]

[hellofaniceguy]

Let's talk about this for a few....
All E2 visas start...START...when the issuing office stamps the Visa in your passport. It has nothing to do with the local immigration office. So...you fly to Japan....get your Visa stamped into your passport and you decide to spend an extra day or two in Japan.....your 365 days...one year visa has already started its countdown.
The visa DOES NOT start the day you start work. Look at your alien ID card and the immigration stamp in your passport when you entered korea...same date.
Some school owners can be real jerks about paying severance..."you did not work one full year."
You need to keep a close eye on that and get an extension to make your contract one year or you need to have it in writing from the school that they will still pay you even if you are 3/4 days short a year.

[turtlepi1]

[UncleAlex]

Thanks for your replies. It could be that the contract is illegal being 1 day
shy of a year while I hold an E2 visa. I'll definitely look into it. And I intend
to ask my employer to give me a signed and stamped promissory letter to
the effect he will pay me my severance money. If he refuses, I'll submit my
resignation.

[prosodic]