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r.
Joined: 06 May 2006
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 Posted: Tue Dec 08, 2009 12:50 am Post subject: Will finish contract but work 11 of the 12 mos... severance? |
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I will finish my 1 year contract this winter, but in the middle of the contract I had to take almost a month off (unpaid) for personal reasons. I returned to the school and am finishing up my 12 month contract. Does the school legally have to pay me severance?
Last edited by r. on Tue Dec 08, 2009 2:23 am; edited 1 time in total |
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hagwonnewbie
Joined: 09 Feb 2007
Location: Asia
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| Posted: Tue Dec 08, 2009 1:09 am Post subject: |
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| If you complete the contract, you are entitled to severance, unless it is otherwise written into your contract. |
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blonde researcher
Joined: 16 Oct 2006
Location: Globalizing in Korea for the time being
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| Posted: Tue Dec 08, 2009 1:23 am Post subject: |
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Severance is not completely tied to any specific contract as is often the portrayed .Under Korean employment law it is attached to the completion of 12 months work for an employer.
This same severance law applies equally to all Koreans who may or may not be under contracts and it gets paid after an employee has completed 12 months in their job.
This usually works out to be annually, but if you have taken a months leave in the middle of a contract and only worked for 11 months your employer may wish to look further into this and you cannot accept this as a certainly to get it. |
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r.
Joined: 06 May 2006
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| Posted: Tue Dec 08, 2009 2:23 am Post subject: |
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| blonde researcher wrote: |
Severance is not completely tied to any specific contract as is often the portrayed .Under Korean employment law it is attached to the completion of 12 months work for an employer.
This same severance law applies equally to all Koreans who may or may not be under contracts and it gets paid after an employee has completed 12 months in their job.
This usually works out to be annually, but if you have taken a months leave in the middle of a contract and only worked for 11 months your employer may wish to look further into this and you cannot accept this as a certainly to get it. |
So, what if, instead of almost a month, I took just 1 day of unpaid leave... no severance? Seems harsh. |
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vaticanhotline
Joined: 18 Jun 2009
Location: in the most decent sometimes sun
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| Posted: Tue Dec 08, 2009 5:20 am Post subject: |
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| I think there's a quantitative difference between a day and a month. I'm not trying to get at you dude, but your argument is a little pedantic. |
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r.
Joined: 06 May 2006
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| Posted: Wed Dec 09, 2009 1:06 am Post subject: |
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| vaticanhotline wrote: |
| I think there's a quantitative difference between a day and a month. I'm not trying to get at you dude, but your argument is a little pedantic. |
Yeah, there is a difference. I just want to know what the actual law is, which no one has pinned down for me yet. |
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lifeinkorea
Joined: 24 Jan 2009
Location: somewhere in China
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| Posted: Wed Dec 09, 2009 2:55 am Post subject: |
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| Settle for 11/12 and move on. |
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Dude Ranch
Joined: 04 Nov 2008
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| Posted: Wed Dec 09, 2009 11:10 am Post subject: |
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| lifeinkorea wrote: |
| Settle for 11/12 and move on. |
This is what I did. I had to leave after 10 1/2 months so the hagwon pro-rated it to 11/12's % of the severance |
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