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11 Month Contract - Severance

 
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lcd



Joined: 06 Dec 2009

PostPosted: Mon Dec 07, 2009 12:13 pm    Post subject: 11 Month Contract - Severance Reply with quote

A potential employer has offered me an 11-month contract at an alternative school. Verbally, he has said that I will get 12 monthly paychecks plus severance. I don't see how this can be possible if the contract begins in February 2010 and ends in December 2010.

Also, I just received an email from the business manager at that school who said it is definately not a year contract, and I will only receive severance if I decide to stay a second year.

My question is this:
If each contract is for 11 months, how can I get severance even if I sign for a second contract term? Doesn't each contract term have to be for 360 consecutive days for someone to collect severance?

I understand that if it is a year contract and one works 14 months, then they are entitled to severance based on 14 months.

Thanks
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Mon Dec 07, 2009 1:14 pm    Post subject: Reply with quote

Can't you have it written in the contract you will get severance after the 11th month? If you want to be nice about it, offer to take 11/12 of the actual monthly salary you would have earned if you had worked a full year.

I wouldn't calculate a second year in this. Do your 11 months, get your severance, and then find another job.
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ippy



Joined: 25 Aug 2009

PostPosted: Mon Dec 07, 2009 5:00 pm    Post subject: Reply with quote

i am genuinely amazed that every hagwon owner in the country hasnt implemented an 11 month contract yet? There must be a legal reason for this that has them by the balls, thats the only explanation.
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blonde researcher



Joined: 16 Oct 2006
Location: Globalizing in Korea for the time being

PostPosted: Mon Dec 07, 2009 6:56 pm    Post subject: Reply with quote

It is against the law for employers to pay out official severance before an employee has worked a full 12 months. This applies to all Koreans as well.
Employers wanting to do this extra pay at 11 months will have to do a deal with you and write this on the contract and record any proposed payout to you as something other than severance. Only then can you to get any pay out that may be equal to the normal 12 months severance.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Mon Dec 07, 2009 7:40 pm    Post subject: Reply with quote

ippy wrote:
i am genuinely amazed that every hagwon owner in the country hasnt implemented an 11 month contract yet? There must be a legal reason for this that has them by the balls, thats the only explanation.



Because the E-2 visa is for a year. Immigration may look askance at an 11 month contract.

Besides which severance is a useful carrot to lure your foreign workers in...you can always fire them in the 11th month and avoid paying it anyway.
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broken76



Joined: 27 Jan 2008

PostPosted: Tue Dec 08, 2009 5:50 am    Post subject: Reply with quote

As stated before severance is only for employment of one year or more. I'd have the contract use the words contract completion bonus equal to one month's pay at the successful completion of the contract.
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Tue Dec 08, 2009 6:14 am    Post subject: Re: 11 Month Contract - Severance Reply with quote

lcd wrote:
A potential employer has offered me an 11-month contract at an alternative school. Verbally, he has said that I will get 12 monthly paychecks plus severance. I don't see how this can be possible if the contract begins in February 2010 and ends in December 2010.

Also, I just received an email from the business manager at that school who said it is definately not a year contract, and I will only receive severance if I decide to stay a second year.

My question is this:
If each contract is for 11 months, how can I get severance even if I sign for a second contract term? Doesn't each contract term have to be for 360 consecutive days for someone to collect severance?

I understand that if it is a year contract and one works 14 months, then they are entitled to severance based on 14 months.

Thanks


Then tell them you'll sign a year contract or get them to tack on a couple of hundred won/month instead. Or sign only if they agree to pay you severance and have it put in the contraxct.


Or just forget about them entirely and find a job somewhere else.
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