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Dev
Joined: 18 Apr 2006
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 Posted: Wed Apr 26, 2006 4:57 pm Post subject: Employers Holding Onto My Severance Pay |
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I've been working for the same school for almost 2 years. After the first contract, my employer said "We will keep this severance pay and give you 2 years worth, if you leave next year - or 3 years worth if you leave after working for 3 years.
Is this common practise or even legal? I feel like I am being cheated. It's not fair that other teachers who have not left Korea - just changed employers got their money, but I can't get mine. |
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seoulsista
Joined: 31 Aug 2005
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| Posted: Wed Apr 26, 2006 5:12 pm Post subject: |
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| It's totally not legitimate and you absolutely should not allow that to happen. Sounds like your boss is either having finanacial problems or he's just cheap and taking advantage of you. |
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antoniothegreat
Joined: 28 Aug 2005
Location: Yangpyeong
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| Posted: Wed Apr 26, 2006 5:22 pm Post subject: |
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| your contract ends every year, so they must give you your severance pay every year. that is illegal. they must pay it to you. |
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buymybook
Joined: 21 Feb 2005
Location: Telluride
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| Posted: Wed Apr 26, 2006 5:41 pm Post subject: |
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Oh my God, wake up! Tell your boss your mother died and you need to go home to her funeral.
He/She won't like that so then say you understand and think the school is more important than paying last respects to your mother.
Instead of going back home you need substantial funds to send home for her funeral.
If that don't work call the labor ministry for God sakes. |
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buymybook
Joined: 21 Feb 2005
Location: Telluride
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| Posted: Wed Apr 26, 2006 5:41 pm Post subject: |
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Oh my God, wake up! Tell your boss your mother died and you need to go home to her funeral.
He/She won't like that so then say you understand and think the school is more important than paying last respects to your mother.
Instead of going back home you need substantial funds to send home for her funeral.
If that don't work tell your boss if you don't get your money you will call the labor ministry. |
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Gord
Joined: 25 Feb 2003
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| Posted: Wed Apr 26, 2006 6:15 pm Post subject: |
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| There is no legal requirement that the severance pay be paid at the end of every year. Article 34 (3) of the LSA states that an employer may pay it out prior to the job ending but they are not required to do so. |
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just because
Joined: 01 Aug 2003
Location: Changwon - 4964
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| Posted: Wed Apr 26, 2006 6:55 pm Post subject: |
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| Gord wrote: |
| There is no legal requirement that the severance pay be paid at the end of every year. Article 34 (3) of the LSA states that an employer may pay it out prior to the job ending but they are not required to do so. |
Gord is spot on..
Notice the word there "severance"...
Basically this means when you finish your job you get a pay-out, kind of like long service leave....
Your boss doesn't have to give it to you until you sever yourself from your position, he is doing nothing illegal, the labor board will laugh at you...
Of course it is better to get it at the end of every year(i do it that way as well) as the amount is smaller and more easily payable...
If worse comes to worse and you really want the money I suppose you can quit the position and that way he is entitled to pay you the money... |
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Gideon
Joined: 24 Feb 2004
Location: Seoul
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| Posted: Wed Apr 26, 2006 7:11 pm Post subject: severance pay |
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I have something to add. I use to work for a private university. I completed 2 year contracts and did NOT receive servance pay.
I call the Ministry of Labor and was told this:
MOL: Because you work for a private university you will not get paid serverance.
ME: why?
MOL: 1. your university is private 2. its not a national university (govt) 3. your university pays into the private pension fund and not the national one.. in that case because you uni pays into the private fund it TRUMPS our laws at the MOL and therefore u can not receive serverance..
ME: so if i want to cheat my employees from serverance pay i'll just sign up with the private pension fund and screw them over
MOL: ahh.,, um.. ahh.. we'll its a bit more complicated than that..
I was not give a contract written in korean, only english.. and my contract did not state serverance pay.. Yes i did receive my pension.. i contributed about 2.4 million over 2 years and got 3.2 at the end of my contract.
Some please help clearify this issue.. thanks |
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BigBuds
Joined: 15 Sep 2005
Location: Changwon
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| Posted: Wed Apr 26, 2006 7:16 pm Post subject: |
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| buymybook wrote: |
Oh my God, wake up! Tell your boss your mother died and you need to go home to her funeral.
He/She won't like that so then say you understand and think the school is more important than paying last respects to your mother.
Instead of going back home you need substantial funds to send home for her funeral.
If that don't work tell your boss if you don't get your money you will call the labor ministry. |
Oh My God, another fool who has no idea what he's/she's talking about.
There is no legal requirement for them to pay you severence at the end of every year if you keep working for them. Labor won't help you in sthis situation as your employer has done nothing wrong.
For people who extend their contrcat for less than another year it is actually better if they wait for their severence until the the end because you emplyer is then legally obligated to pay you severnce for the one year plus a prorated severence for the extended working time. If you take your severence at the end of your one-year contract and work longer (extend your contract) but for less than one year, you are not legally entitled to a prorated severnce.
As JB stated severence actually means when you finish working for them. If you sign on again you haven't finished working for them now have you. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Wed Apr 26, 2006 7:42 pm Post subject: |
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| buymybook wrote: |
Oh my God, wake up! Tell your boss your mother died and you need to go home to her funeral.
He/She won't like that so then say you understand and think the school is more important than paying last respects to your mother.
Instead of going back home you need substantial funds to send home for her funeral.
If that don't work call the labor ministry for God sakes. |
Why do people post on here with misleading and totally inaccurate information? You get severence pay when you finish working at that place, not necessarily at the end of one contract. You would only get it at the end of the contract if you were leaving. But that is not the case with the OP.
To the OP. That's completely legal. You could though sit down with the employer and tell him/her that you want/need the money. |
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Gideon
Joined: 24 Feb 2004
Location: Seoul
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| Posted: Wed Apr 26, 2006 8:06 pm Post subject: |
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I stated that i received my pension after leaving my job back in FEB/06
I renewed my contract for another year. I did two year contracts. I left at the end of my second contract (feb 28th). I did not receive a serverance..
Its a private university and the pension is not national but from the private pension fund. |
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steroidmaximus
Joined: 27 Jan 2003
Location: GangWon-Do
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| Posted: Wed Apr 26, 2006 8:30 pm Post subject: |
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Legally, they don't have to pay the severance.
You can ask them to pay however, or you'll look for work elsewhere. |
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IwalkAlone
Joined: 30 Nov 2005
Location: Daegu
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| Posted: Wed Apr 26, 2006 8:38 pm Post subject: |
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| Gideon wrote: |
I stated that i received my pension after leaving my job back in FEB/06
I renewed my contract for another year. I did two year contracts. I left at the end of my second contract (feb 28th). I did not receive a serverance..
Its a private university and the pension is not national but from the private pension fund. |
I believe this may be what happened. Pension and severance pay are two different schemes. At your private university, they made you pay into a pension fund; however, at a much higher rate than the 4.5% national plan. Because the private pension has a higher return, the school may opt out of paying additional money. Had you been on the standard pension paying 4.5% a month, then the severance would also be an obligation. This was covered in a previous thread btw. |
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