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stevieg4ever
Joined: 11 Feb 2006
Location: London, England
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 Posted: Mon Aug 24, 2009 2:15 pm Post subject: Severance pay / bonus only for renewals |
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I thought I would post this so sorry if it is old news, I don't check Dave's all that regularly and may have missed this.
On the UK-based Korean embassy's site it has a sample EPIK contract for [presumably] prospective applicants. It mentions that severance is only paid out to those that renew their contract for another year. This is the wording:
Renewal Allowance: 2,000,000 KRW will be provided upon successful completion and renewal of your contract.
It is now called a 'renewal allowance'.
Here is the link:
http://gbr.mofat.go.kr/eng/eu/gbr/about/teach/index.jsp
Scroll down to (5) Benefits. Not sure how this effects the other schemes but aren't EPIK, GEPIK and SMOE contracts roughly the same in respects to benefits etc...? |
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iggyb
Joined: 29 Oct 2003
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| Posted: Mon Aug 24, 2009 2:41 pm Post subject: |
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The contract you point to does spell out the one year bonus.
There were several discussions about this over the last few days generated by my looking at the wording of SMOE contract item Article 13 Section 5.
Go back and look at the link you provided and look at clause E4:
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| POE shall be entitled to severance pay GET, equivalent to approximately one month salary, upon successful completion of each one-year contract. |
The EPIK actual contract I found while looking for the SMOE contracts for previous years also spelled out the severance law in very clear language like this. What you quoted:
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| Renewal Allowance: 2,000,000 KRW will be provided upon successful completion and renewal of your contract. |
Talks about what happens when people renew a contract. I don't know how closely it follows the actual Labor Law. I know it basically follows the law on severance:
If you renew a contract for a 2nd year under the law, you defer getting your severance pay until you actually sever your working relationship with the business. If you finish both 1-year contracts, you should (at least it used to be the case in the law) get severance of 1 month salary for each year worked.
I don't know if the Labor Law has clauses for renewal bonuses...
The way I read the sentence you quoted, which is the same as in SMOE somewhere: They will give you 2.0M when you finish the first contract and start the new one. They give you that rather than give you 1.3M "Exit Allowance" and a new 1.3M "Entrance Allowance" they would give to a new teacher.
SMOE doesn't have anything about severance when you complete a 1-year contract and don't renew. It is totally silent on that.
The clause it has in its Other Benefits section deals only with renewals - and sucks greatly as far as wording:
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| Article 13 Section 5 - If the aggregate period of extending the term of Employment pursuant to Article 10 (Renewals) is more than 1 calendar year, Employer shall pay Employee one month salary as a severance pay (when employee leaves SMOE) for Employee's continuous employment of one year; according to the severance payment regulations. |
This sentence only deals with renewals. There is no other way to read it. SMOE needs to use EPIK's clause to avoid confusion.
But this same SMOE clause is in last year's contract, and many people have said SMOE has been paying severance pay in previous years.
Good. But they still need to fix this problem to avoid confusion. |
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