Korean Job Discussion Forums

[nevermindb]

My contract states I have a base salary of...lets say 1.0 mil won (which I know is very low). Then they added these "bonuses" that gets my general salary up to par each month. My question is about my severance pay. It states that my severance pay is going to be my BASE salary (1.0 mil won) excluding my "bonuses." Does that sound about right? Or should my severance pay be about how much I've been getting each month (base salary plus bonuses)? Is there a certain formula or something that hakwon's have to abide by in terms of our severance pay? Can someone give me a reference to some Korean law that states that, a website...I want to show proof instead of looking like I'm nit-picking. Thanks!

[biggpoppa]

your severance is based on your salary...so if in your contract you signed, its states that you will get one month severance upon completion minus any bonuses that you get...you will get 1 mil with none of those bonuses...i don't know why you would agree to that in the first place unless you're saving a boatload of cash each month on your taxes and such, but i don't think it'd amount to say a normal 2.1 severance in savings...weird...

[nevermindb]

[Whistleblower]

Are you working at the aforementioned school? Did you sign the contract with the school? Remember that your severance is calculated from the last three months salary divided by three to get an average. Many schools may not (or don't want to) know this. Also are you getting a pay slip? Please put your payslip details here for us to help you. What are these extra bonuses named as? Do you have Health Insurance and pension being paid for? Have you checked with the local Tax Office that your employers are contributing your tax and not pocketing it? Many questions, sorry!

I would recommend that you move to another school and negotiate the contract. One school told me that it is rare for teachers to negotiate the contract and that they can't agree to it. I showed them the middle finger, my F2 and moved on.

---

Article 34 (Severance Pay System)

(1) 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 years employed as a severance pay to a retired worker; however, if the worker was employed for less than one year, this shall not apply.

(2) In establishing the severance pay system stipulated in paragraph (1), a differential severance pay system shall not be permitted within one business.

(3) An employer may, at the request of workers, pay severance pay in advance for the period of continuous employment of the worker concerned by adjusting the balances of remunerations before his retirement, irrespective of the provisions of paragraph (1). In this case, the number of years of continuous employment for the computation of severance pay shall be counted anew from the moment the latest adjustment of balances has been made.

(4) In cases where an employer has enrolled in pension insurance program for retirees or a retirement lump sum payment trust as prescribed by the Presidential Decree (hereinafter referred to as �pension insurance, etc.�) for workers, whereby workers, as the insured or a beneficiary, receive lump sum payment at the time of retirement, or draw their pensions, it shall be deemed that the employer has set up a severance pay scheme in accordance with paragraph (1). The amount of lump sum by the retirement insurance, etc., however, shall not be smaller than that of severance pay pursuant to paragraph (1). <Amended by Act No. 5473, Dec. 24, 1997>

[nevermindb]

[sojourner1]

Your salary is only 1 m Won, but you get a stated bonus of (1 m Won?) while your severance is based on the 1 m Won salary? This screams that they will pay you only half of normal severance pay, if they pay you at all. This shows that they are looking to be cheap, chintzy, low class, and probably will screw you. Don't take a job with a school if there are serious discrepancies upon the initial contract offering. Even if you manage to negotiate something different, consider that the schools' director will still make business decisions based on how he/she manages things, not what you negotiated. If there are indications of he/she being cheap and trying to cut corners, it's not worth trying to fix these contracts as things will still be the same regardless.

No way, steer clear, and keep job searching. As in any business, there are many crooks looking to keep money that is not theirs to keep when doing any sort of deal. Private school directors are no exception.

Not all directors are bad apples, just a few bad apples are looking to cover their own financial losses mistakes with (your money and time) or impress the owners with increased profits as a result of keeping more in the coffers as to get a cut themselves. Remember, it's often about presenting a positive image and many are willing to cut corners and even cheat to achieve good image on paper, at the bank, and in person.

I find I sure am having to stand up for what is right such as payroll mistakes, director expecting things I had no way of knowing about due to him not taking the effort to tell me despite speaking English fluenty, and being too coldly negative. I would not teach in any hagwon ever again after this one time as they test you to see how much they can screw with you. If you are a passive pushover who takes any crap up the arse, then you will get increasingly more and more problems. Otherwise your health suffers from nerve wracking, "keep them in check," situations that come up like left curve balls just when you think everything is OK.

When it comes to money and business, Korea is the same as anywhere else in the world which carries financial risks due to managers trying to get over on pushovers, that must be managed to the best of your abilities.

[MarionG]

The law says "WAGE," not base salary. But this school is obviously trying very hard to get around Korean law...you can try and negotiate, but they have announced, via their contract, that it is their intention to cheat you, so I doubt you can rely on them in any way.