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iggyb
Joined: 29 Oct 2003
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 Posted: Sun Aug 23, 2009 5:15 am Post subject: Airfare or Not II - SMOE & Severance |
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| Just wtf is going on here? Some are even suggesting that there is no bonus / severance if you do not renew. |
Believe me, the last thing I would want to do is spread more confusion in the TESOL industry in Korea.
This was confusion, caused by me, when I noticed how poorly SMOE worded the contract related to severance, airfare, and allowances.
Eventually, I found a 2008-2009 contract, and it has exactly the same clause on severance, and people have said SMOE paid the severance for those who left SMOE after one year under that contract.
I stand behind my initial conclusion --- that the way SMOE words the clause on severance, it is NOT talking about 1 contract-and-done severance. The English sentence, though complicated, can only be read one way technically...
...but it has been said enough that SMOE does pay severance that I accept it is the case.
EPIK's contract this year has a simple, direct clause on this. SMOE needs to cut and paste theirs and get rid of its Article 13 Section 5 altogether...
If I could -- and maybe the moderators would like to do this themselves -- I'd delete the initial Airfare or Not post and the other comments in other threads where this issue was hashed out --- so future Googlers would not stumble across it and lose their heads...
The bottom line for TESOLers is whether SMOE actually pays the allowance and 12-month, one contract-only severance that is mandatory under Korean law.
Enough people have said they have been in previous years - and in years that use the same screwed up clauses as the 2009-2010 contract - that I feel comfortable 2009-2010 TESOLers will get what they were told by those advertising SMOE.
Sorry for any confusion, but the bulk of it stems from how SMOE worded the contract. I can only go by what I see, and what I see does not specify the severance pay for only one year completed. You simply can't read the English to fit that. Period. |
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buildbyflying
Joined: 01 Sep 2004
Location: To your right. No, your other right.
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| Posted: Sun Aug 23, 2009 9:01 am Post subject: |
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Thx for the explanation. How would it be possible to get to the heart of the matter without a little confusion?
Art. 13.5 does seem to say that severance only counts "when employee leaves SMOE".
Are you saying that renewals will get their renewal allowance and their severance? Still a little confused. |
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iggyb
Joined: 29 Oct 2003
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| Posted: Sun Aug 23, 2009 10:42 am Post subject: |
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As far as renewals go, the contract reads pretty much like the Korean Labor Law on multiple years of consecutive work:
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| will get their renewal allowance and their severance |
Yes, but with the severance pay, you are simply deferring it to the end of the 2nd contract (at which point I believe the law states you will get 2 months pay since you finished 2 year-long contracts).
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| does seem to say that severance only counts |
Since we are basically dealing with the letter of what is stated in the actual contract, I'd say the "only" is wrong: The clause itself only talks about renewal situations. It doesn't speak on what happens if you don't renew at all. It leaves that blank.
And though I now believe people shouldn't worry about not getting both the allowances and severance pay --- Art. 13.5 can only be read correctly one way, and SMOE needs to fix it for future contracts. |
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marlow
Joined: 06 Feb 2005
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| Posted: Sun Aug 23, 2009 6:07 pm Post subject: |
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| iggyb wrote: |
| And though I now believe people shouldn't worry about not getting both the allowances and severance pay --- Art. 13.5 can only be read correctly one way, and SMOE needs to fix it for future contracts. |
Agreed.
And remember how severance is calculated. Most new teachers don't know this. |
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buildbyflying
Joined: 01 Sep 2004
Location: To your right. No, your other right.
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| Posted: Mon Aug 24, 2009 5:51 am Post subject: |
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| good to know. |
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