Korean Job Discussion Forums

[fanfriggintastic]

So I work for one of those after school programs. Been working for the same company for almost a year and a half. About 5 months ago I signed a short contract that expires Friday, my second with them. The idea was that I would sign again starting next month but the public school decided not to continue the program.



Here's my issue: My company accidentally left on the contract that they would pay me a severance, usually reserved for people who have completed a year. I know this was a mistake because it was never discussed in the conversations about hours, pay, vacation, books etc.



So what would you do? I am definitely going to insist that they pay me but I'm pretty sure they will just say no, that is was a mistake What do I do when they say no? What course of action can I take? Also, I have nothing against this company..they've been pretty good to me actually. I really don't want to burn any bridges (I would like to work for them again in the future) but sure could use the dough. What's the best way to handle this? Suggestions?

[frankly speaking]

Did you get your severance pay from when you completed the 1 year? If you got that, then what are you trying to fight for? 5 months of a severance package? I have known people who have worked less than a year and got a pro rated amount for severance, but if they say that it was an accident, I don't see what legal recourse you should have. You did not work for a year, so why should they pay you one months extra salary?

If you get it, good for you, but I think that you are greedy to try and insist. You really don't have a reason to get one.

[fanfriggintastic]

Yes, I got a severence the first year. The contract jsut states that I get a severence after the completion of the contract..not after a year. Yes, yes, I just may be greedy.

[ChilgokBlackHole]

Rule of Acquisition #17: A contract is a contract is a contract...but only between Americans.

[MarionG]

Severance is a matter of Korean law. I doubt you'll have much success
trying to enforce a clearly inaccurate contract term.

[binjibadgy]

AFAIK, severance is paid per year (to the day) contracted to work, under korean law.

If they feel in some-way obliged to give severance or a pro-rata based one then they will, but you couldn't really challenge it if not.

Whether or not it's stated in the contract it'll most likely fall under "did you work a full year? no? then what frankly speaking said..."

[Ramen]

If they didn't pay the severance per your contract, they're not violating Korean labor law. However, they are still legally obligated to pay you the severance per your contract agreement. So you can take them to the small claims court and win. But getting them to cough up the money is another thing here.

[fanfriggintastic]

Thanks for your responses!

[ddeubel]

If you worked for that employer previously and there was no break between, you are owed the 5 mo. severence. After completion of 1 year, severance is pro rated for any additional time employed.

See - http://www.molab.go.kr/english/dont_miss/faq_view.jsp?idx=136

Here's an example:

How to calculate legal retirement pay(as an example)
� Legal retirement pay = daily average wages � 30 days �
( total number of days in service/365)
� (e.g.) A period in service : Aug.20,2000 ~ Jul.16,2003(1,060 days),
daily average wages = 50,000 won.
Retirement pay= 50,000won �30days�1,060days/365days=4,356,160 won.

DD
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