Korean Job Discussion Forums

[danseonsaeng]

How does this work? If I complete one year and leave during the middle of the second year (having given appropriate notice), what happens with my severance? Am I paid at the rate of the first year? At the rate of the second? Am I given the money as part of my final paycheck? What happens in this situation?

Let me know your thoughts, thanks very much.

[OculisOrbis]

If you took a severance payment after the first year, you get nothing for the second partial year.

If you did not take severance following the first year, you are entitled to the first year plus the prorated amount for the partial second year.

It would be calculated using your earnings from the final three months of your employment to get a daily wage and then multiplied the number of days you were employed.

It may be on your last paycheck or they may hold it longer. It varies between schools.

[danseonsaeng]

I'm sorry, pro-rated severance? Does that actually exist? Severance is paid out upon completion of a contract. If I don't fulfill the contract, no severance, no?

SMOE doesn't give out severance yearly. It's paid out as one lump sum when you leave the job. I assume I'll just be paid for the first year (at the monthly wage I received for that contract). Would that be an accurate assumption?

The question is - when will I get that money?

[OculisOrbis]

you should be getting more than one year's worth severance if you did not take it after your first contract. when they pay you is decided by the school. ask them.

From Carla in the thread linked below.

This was posted on the Ministry of Labor website on JUNE 4, 2009, so it is the most up to date thing I could find.

1. Pursuant to the Employee Retirement Benefit Security Act, an employer shall pay workers
who retire 30 days or more of average wages for each year of their consecutive service as
retirement pay within 14 days from the date on which there occurs a cause for the payment.

○ Calculation of retirement pay
- Statutory retirement pay = daily average wage � 30 (days) �
(total days of service/ 365)

So, for 2mil won, average daily wage is ...66,667.

So, let's say you worked 18 months. That's... 548 days.
(rounding out to whole numbers)

(66,667) x 30 x (548/365)
(66,667) x 30 x (1.5)
====== w 3,000,015

http://forums.eslcafe.com/korea/viewtopic.php?p=2155731

[danseonsaeng]

I don't know that this has anything to do with what I'm asking.

The issue (in my mind) seems a whole lot simpler. It seems obvious to me that I won't be paid severance for the second contract since I will not have completed it. I should be paid severance for the completion of the first contract; that is, an additional month's salary.

Can anyone else confirm the info going around?

[ddeubel]

100% you will be paid the prorated amount for those months you worked under your second contract. Oculis is completely right.

but if you don't want that money - you can just send it to me

DD
http://eflclassroom.com

[danseonsaeng]

if i'm given any guff for this, what article/clause in the contract, website, pamphlet, etc., do i refer my school to?

[OculisOrbis]

Employee Retirement Benefit Security Act

[danseonsaeng]

Is that online somewhere, in a manual, in my contract?

[OculisOrbis]

http://www.molab.go.kr/english/topic/laborlaw.jsp?tab=Standards