Korean Job Discussion Forums

[Moldy Rutabaga]

Hello all

My institute is not doing well and has decided to shorten my contract-- thus I am leaving after 9 months instead of 1 year.

I don't have a choice about being laid off, but the school so far has been very civil about it and is willing to provide references and assistance to me. What should I know about taxation / flight allowance / severance?

I realize the topic of getting canned has been done to death, but this is a little different (even if I'm being canned) as the directors are being semi-nice about it so far. Any tips?

Thanks, Ken:>

[Mr. Pink]

You don't qualify legally for a severence.

They should have to pay for your return airfare, last month's salary.

If I was you I would get them to give me:

a) release paper (lets you come back here and work)
b) references
c) something on paper (maybe in reference) that says you were laid off and not fired.

Taxation? Why ask on this? Have they been deducting you regularly? You expect a refund? Well tax time is a few months away. Don't know what you can do except get a new job, come back and apply for a refund at the right time.

[rapier]

As far as I know Mr Pink is about right. You can expect your return flight and to be paid up to date, thats it.
Severance is for a completed year. They don't have to pay it to you. You might ask them for a % of it, corresponding to the time you've worked- but if you get it, it would be a matter of them being decent about it.
On the whole, at this stage, I'd say, keep them sweet- they seem to be co-operating and doing things the right way. So many places don't, count yourself lucky.
I think a letter from them, and a phone number for future reference, to confirm that you were made redundant, rather than left your contract, will be valuable, perhaps even necessary. This is exactly what I found when I was made redundant after 5 months. Every future recruiter assumes the worst- that you were a "bad teacher" who did a runner...

[bourquetheman]

A friend of mine checked into the severence pay at the labour board, and legally (foreigner or not) a person is entitled to a percentage of the severance pay already worked. Even if it's in your contract that the severance is given after one year completed, that is invalid as legally it has to be paid to how many months has been worked thus far. This same friend also got the income tax back from the manager that had been deducted for 2 years, ended up being 4-500 000 won. Good luck.....

[jlb]

It all depends on how much notice they gave you. You have been working over 6 months so your school either owes you 1 month notice of laying off/firing or they owe you one months pay.

[peppermint]

I'm in the same boat- is the school obligated to pay airfare?

Off to the job board,
peppermint

[princess]

My school laid me off on September 5th and they allowed me to work there until October 7th. I was given my last month's pay, airfare, and they gave me my 600,000 won deposit back. Never work for a place that takes 600,000 away for a deposit. I never will again. Plus they gave me a letter of recommendation saying that I fulfilled my contract agreement and they recommend me without hesitation for any future employment.

[Derrek]

Just a note for Americans:

If you return to the USA in less than 330 days (I believe that's the number -- check with the IRS though) you will be taxed on your income in Korea!

If this guy were American, he would have to pay a ton of cash. Best to stay in Korea working elsewhere for three more months.

[Moldy Rutabaga]

Moldy's update, November 11

Apparently things are becoming slightly nastier. The rumors are that I will not be given a flight allowance or any severance. The former is a breach of my contract. As to the latter, I am unsure. Does anyone have any actual links or formal information on when or what severance is owed? ESL-law.com is kind of vague on this matter.

To recap: I have worked nine months of my contract. I am being laid off because of low enrolment. I have been given no written reprimands or notice of termination.

Ken

[Gord]

[Moldy Rutabaga]

Thanks, Gord

My contract states that I have the 'chance' for return airfare after six months of employment. I don't like the sound of this..

Ken:>

[shawner88]

I wonder if your school is pulling a scam and has another teacher lined up to get out of your benefits.

[jlb]

Moldy Rutabaga...I just went through the exact same position. I received no notice of termination (unless you count one day!) after working at the hagwon for 9 months. My school made me a lame-ass offer and I refused to take it and ended up going to the labor board. Here is what I learned:

1. Because your school gave you no notice and you've been working there longer than 6 months, they owe you one month's salary. Keep this in mind while in negotiations and don't settle for crap. If the school has less than 5 employees, you're basically screwed and diplomacy is your only hope because the Korean labor board won't help you.

2. By Korean law, your school owes you nothing in terms of airfare or severance pay, one month's salary is it. I accepted less money and a plane ticket in my negotiations with my school though.

3. Go to the Korean labor board in your city, I think the EFL-law site has a link to it and file a complaint. Bring a Korean translator. The entire process took about a month, although it could have taken considerably longer if I had fought for the entire amount but I was getting sick of Korea and wanted to come home.

Send me a PM is you want additional info, or search for my post "What to do if you get fired."