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doublejeopardy
Joined: 16 Jan 2006
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 Posted: Wed Mar 08, 2006 3:29 am Post subject: Question re severance after one year |
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| I think the answer is yes, but I'm not sure so I'll ask. I have finished my first year with my school and re-signed. Things are fine now but I see shades of problems to come. If I quit rather than being let go, after having finished the first year, am I still entitled to severance for that year? Is there a difference between quitting after the year, finishing the first year contract and being fired, in regards to severance? Thanks for any help. |
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the eye
Joined: 29 Jan 2004
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| Posted: Wed Mar 08, 2006 3:54 am Post subject: |
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You are entitled by law to one months severance upon completing 12 consecutive months of employment.
You should have already been paid your severance if you have begun a second year...it is part of your first year compensation and there should not be any delay in paying it.
If you are now in your second year, and have not been paid severance for the first year, you should be asking for it. Don't let it go, and don't accept excuses. They are required to pay the severance upon completion of the contract year. |
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peppermint
Joined: 13 May 2003
Location: traversing the minefields of caddishness.
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| Posted: Wed Mar 08, 2006 3:55 am Post subject: |
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| If you resign partway through your second year of a contract, you're entitled to your first year's bonus and a percentage of the bonus you'd have earned for your second year. I'm not 100% sure about if you're fired, though. |
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the eye
Joined: 29 Jan 2004
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| Posted: Wed Mar 08, 2006 4:10 am Post subject: |
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| peppermint wrote: |
| If you resign partway through your second year of a contract, you're entitled to your first year's bonus and a percentage of the bonus you'd have earned for your second year. I'm not 100% sure about if you're fired, though. |
no, you are not entitled to partial severance if you work partly into a second year.
severance is paid according to a full years work (by law).
the exception is if it is written into your contract, or your school makes the decision to allow it.
in other words, according to labor law, working 18 months does not grant you a month and a half of severance. |
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doublejeopardy
Joined: 16 Jan 2006
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| Posted: Wed Mar 08, 2006 4:39 am Post subject: |
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| Thanks, that's what I thought...and trust me, I'll be asking about that, as well as some other things. grrr. I just wanted to make sure that, if I am backed into a corner, I can quick and not lose the severance from the first year. Thanks again. |
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peppermint
Joined: 13 May 2003
Location: traversing the minefields of caddishness.
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| Posted: Wed Mar 08, 2006 4:50 am Post subject: |
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| the eye wrote: |
| peppermint wrote: |
| If you resign partway through your second year of a contract, you're entitled to your first year's bonus and a percentage of the bonus you'd have earned for your second year. I'm not 100% sure about if you're fired, though. |
no, you are not entitled to partial severance if you work partly into a second year.
severance is paid according to a full years work (by law).
the exception is if it is written into your contract, or your school makes the decision to allow it.
in other words, according to labor law, working 18 months does not grant you a month and a half of severance. |
Yes you are, I asked the labor board about it when I was considering leaving part way through my current job ( been here 2 years) |
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schwa
Joined: 18 Jan 2003
Location: Yap
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| Posted: Wed Mar 08, 2006 4:57 am Post subject: |
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| the eye wrote: |
| peppermint wrote: |
| If you resign partway through your second year of a contract, you're entitled to your first year's bonus and a percentage of the bonus you'd have earned for your second year. I'm not 100% sure about if you're fired, though. |
no, you are not entitled to partial severance if you work partly into a second year.
severance is paid according to a full years work (by law).
the exception is if it is written into your contract, or your school makes the decision to allow it.
in other words, according to labor law, working 18 months does not grant you a month and a half of severance. |
Source? I dont believe you are correct. Also I dont believe the OP has any grounds to demand severance after one year if he continues to work for the same employer, but its negotiable. Where are you talking from? Please show evidence. |
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the eye
Joined: 29 Jan 2004
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| Posted: Wed Mar 08, 2006 5:01 am Post subject: |
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yes, the Op does have grounds to demand her severance from the first year. it is payable after the completion of one years work. end of story.
i'm talking from the ministry of labor website, EFL-law advice forums, and my personal experince with the labor board.
| Quote: |
Wage and Severance Pay
In principle, workers shall be paid their full wages on a specific day each month. If a worker demands wages in an emergency situation, such as childbirth, sickness, accident, etc., the amounts of wages corresponding to the amount of work offered shall be paid even before payday.
If a worker has worked for more than one year in a workplace with 5 workers or more, the worker shall be given severance pay in the amount of at least 30-day average wages for each year of service. Severance pay, in principle, should be paid after retirement. However, should a worker request, he or she may receive, in advance, severance pay corresponding to their years of service to date.
An employer may take out retirement insurance to ensure that his/her workers can draw pensions form the insurance after their retirement. Daily construction workers could not receive statutory severance pay due to the unique nature of their employment such as frequent job transfer, difficult employment conditions, etc.
So, the government introduced the Mutual Retirement Aid System for Construction Workers with the enactment of the Act on the Employment Improvement, etc. of Construction Workers in January 1998. Under this system, construction workers are required to put one mutual retirement aid stamp for each of their working day on their welfare pocket books. If they collect more than 252 such stamps corresponding to one year of service, they will be given retirement pay after retirement.
Along with this, since July 1, 1998, the government has implemented the Wage Claim Guarantee System that guarantees to pay workers who retire from a bankrupt company part of their unpaid wages. Because it is difficult for workers to claim their unpaid wages in the event of corporate bankruptcy, the government, on behalf of employers, guarantees to pay workers overdue wages, shutdown allowances, unpaid wages of final three months and severance pay of final three years. |
http://english.molab.go.kr/
@peppermint:
i'm not saying that the labor board didn't tell you so, but that's not what they told me, nor what was advised to me in the EFL law forums. |
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doublejeopardy
Joined: 16 Jan 2006
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| Posted: Wed Mar 08, 2006 5:39 am Post subject: |
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I just want to clarify, I am not asking if I can demand severance be paid after one year if continue with the same school...from what I've heard they don't have to pay it until you are truly finished. What I wanted to make sure of is, if I quit in my second year I will still get that severance from the first year. Again, I think yes but I wanted to hear if anyone knew different.
Though other re-signing teachers at my school have gotten their severance after the first year, without asking, so I am going to ask for it. It is at the bottom of a list of unresolved issues, that will probably mostly be resolved fairly painlessly, things that were agreed to but timing and such were not outlined. |
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the eye
Joined: 29 Jan 2004
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| Posted: Wed Mar 08, 2006 5:54 am Post subject: |
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you DO have the right to receive the first years severance immediately, even though you are not truly retiring from that school at the moment.
but, yeah, at any rate, you will not have to worry about the legality of getting it if you quit during the second year.
just try to remain all-diplomatic-like when you are discussing things with them. rustling feathers too much will make it more tedious for you to get what is lawfully yours. |
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