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Is Severance Pay optional for the employer?

 
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Reena



Joined: 16 Nov 2004
Location: Ilsan

PostPosted: Mon Jan 02, 2006 8:42 pm    Post subject: Is Severance Pay optional for the employer? Reply with quote

Hi! Just wondering if anyone knows if severance pay is optional or not - I'm sure there is a thread about this somewhere but can't find it right now. What if the employer were to change the contract and take the part about the severance pay out?

Thanks!
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Hater Depot



Joined: 29 Mar 2005

PostPosted: Mon Jan 02, 2006 8:47 pm    Post subject: Reply with quote

It is legally required for the employer to pay severance for a completed contract. They don't have to pay until you leave, though, so if you sign three consecutive one-year contracts, they aren't required to pay out until the end.
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J.B. Clamence



Joined: 15 Jan 2003

PostPosted: Mon Jan 02, 2006 9:35 pm    Post subject: Reply with quote

Severence is a requirement by law under certain circumstances (ie - provided you are a full time employee, working the full year, etc.).

However, according to law, it is not required if they enroll you in a private pension plan. A lot of universities do this: Offer private pension instead of severance. And yes, it is legal.

Some schools are generous and offer both private pension and severance. But if they are not paying pension, or if they are only offering the national pension plan, they must pay severance (assuming you meet certain conditions).

See this thread for a more detailed discussion:

http://www.eslcafe.com/forums/korea/viewtopic.php?t=43672&postdays=0&postorder=asc&highlight=private+universities+pension+severance&start=0
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Roch



Joined: 24 Apr 2003
Location: Seoul

PostPosted: Tue Jan 03, 2006 12:58 am    Post subject: National Pension Plan and Genius Jack English Institute Reply with quote

Mr. Ahn, the owner of the Genius Jack English Institute in Sin-Jeju City, still owes me all of my pension money, and apparantly refuses to pay this debt to me - despite an order from the Jeju branch of the Korea National Pension Corporation.

He also has not paid the income tax deductions from my salary to the tax authorities.


Last edited by Roch on Wed Jan 04, 2006 6:04 pm; edited 1 time in total
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the eye



Joined: 29 Jan 2004

PostPosted: Tue Jan 03, 2006 2:18 am    Post subject: Re: Is Severance Pay optional for the employer? Reply with quote

Reena wrote:
Hi! Just wondering if anyone knows if severance pay is optional or not - I'm sure there is a thread about this somewhere but can't find it right now. What if the employer were to change the contract and take the part about the severance pay out?

Thanks!


if you are under an E2visa, working full time, for a full year, at a school with at least 5 full time employees, then you are guaranteed severance and return airfare according to korean labor law.

if the enployer were to change the contract, you could make a claim at the labor board as labor law trumps contract law. but it would be silly to sign something with benefits taken out.

another thing... schools are only required BY LAW to provide one way outbound transport and not roundtrip. it's just become part of a competitive employment package.
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