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r.
Joined: 06 May 2006
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 Posted: Sun Sep 14, 2008 5:38 am Post subject: school folding...severence question |
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| If a school goes out of business before my year contract is up, say, 11 months into my contract, are they liable to pay my severence (pro-rated)? |
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kprrok
Joined: 06 Apr 2004
Location: KC
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| Posted: Sun Sep 14, 2008 5:59 am Post subject: |
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| if they're bankrupt, which is the only reason I can think of right now for them folding, you'll be lucky to get anything. If they're folding for another reason, you'll have to get in line for your payments. Contact the Labor Board 1355 I think. |
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r.
Joined: 06 May 2006
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| Posted: Sun Sep 14, 2008 6:07 pm Post subject: |
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| kprrok wrote: |
| if they're bankrupt, which is the only reason I can think of right now for them folding, you'll be lucky to get anything. If they're folding for another reason, you'll have to get in line for your payments. Contact the Labor Board 1355 I think. |
thanks, but just looking for an answer to the question I posed |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Sep 14, 2008 6:17 pm Post subject: |
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| r. wrote: |
| kprrok wrote: |
| if they're bankrupt, which is the only reason I can think of right now for them folding, you'll be lucky to get anything. If they're folding for another reason, you'll have to get in line for your payments. Contact the Labor Board 1355 I think. |
thanks, but just looking for an answer to the question I posed |
IF they fold and close up shop AND you have worked less than one year AND you are given appropriate notice (or pay in lieu of notice) then you are finished AND you are NOT entitled to any of the "completion bonus / severance". There is NO allowance for "pro-rating" it for terms of less than one year. IF you have been employed there for MORE THAN 1 year you are entitled to 30 days pay for each FULL YEAR of employment.
IF you have NOT been given proper notice you have legal remedy for 30 days notice OR 30 days pay.
You are also entitled to airfare home (they agreed to it when they signed the sponsorship form for immigration when you got your visa) but it may be hard to collect it from a bankrupt firm.
Labor Standards Act: http://english.molab.go.kr/data/LaborStandardsAct.pdf
Employee Retirement Benefit Security Act http://english.molab.go.kr/data/EmployeeRetirementBenefitSecurityAct.pdf |
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r.
Joined: 06 May 2006
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| Posted: Sun Sep 14, 2008 6:31 pm Post subject: |
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| Thank you. Yep, still no notice, so that is basically the same as a month's bonus... |
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harryh
Joined: 16 Jan 2003
Location: south of Seoul
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| Posted: Mon Sep 15, 2008 6:51 am Post subject: |
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| ttompatz hits the nail on the head. I have worked at two schools that hit the wall, one for 7 months, the other for 11 and didn't get severance, but got the return flight as the schools had originally purchased return tickets which I was able to change. |
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IncognitoHFX
Joined: 06 May 2007
Location: Yeongtong, Suwon
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| Posted: Mon Sep 15, 2008 7:09 am Post subject: Re: school folding...severence question |
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| r. wrote: |
| If a school goes out of business before my year contract is up, say, 11 months into my contract, are they liable to pay my severence (pro-rated)? |
My hagwon folded on the eleventh month and I received my final paycheque as well as my bonus (not pro-rated). I was fortunate though, my boss was quite the guy. |
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