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Calculating last month's pay

 
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AminoUp



Joined: 19 Nov 2008

PostPosted: Mon Mar 01, 2010 3:28 pm    Post subject: Calculating last month's pay Reply with quote

So, I just finished a contract with a hogwon and got my final pay slip, which was disturbing, to say the least. Since I didn't work a full pay cycle (my contract started on the 5th of the month, I only worked until the 26th of my last month), I got paid based on a daily rate.

However, when calculating my daily pay rate, my boss based it on this calculation:

2.1 mil monthly salary / 30 days in a month = 70,000 per day

Now, I worked at a kindy, so I never worked weekends, just 5 days a week. The way I see it, she ought to have calculated my daily pay based on days worked per month (22 ~ 23 or so). Is this a fair assessment?

Is there anything I can do about this? This particular boss won't listen to reason, and she's already effed me over on plane ticket and end-of-contract bonus pay, so...

Any advice on what to do would be really appreciated.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Mon Mar 01, 2010 3:55 pm    Post subject: Reply with quote

15 days (you probably worked)= 1,575,000
20 days per month (four 5 day weeks) at 2.1 = 105,000 / day

I don't know about bonus pay issues, and it might be something you will want to fight for. That indicates you completed a contract, which means it's probably somewhere in the contract that they will pay for your flight home. Add the 1,575,000 to airfare costs and a possible bonus, there is close to 3 million won you are getting screwed out of.

It looks like you got paid 1,050,000 before deductions. That's only a 525,000 difference (at best) and might not be worth it unless you are ready to try to get more from them.

Maybe you can use them as a reference instead. Make an issue of it, but tell them if they aren't going to give you money to please give a good reference to a future school.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Mon Mar 01, 2010 4:02 pm    Post subject: Re: Calculating last month's pay Reply with quote

AminoUp wrote:
So, I just finished a contract with a hogwon and got my final pay slip, which was disturbing, to say the least. Since I didn't work a full pay cycle (my contract started on the 5th of the month, I only worked until the 26th of my last month), I got paid based on a daily rate.

However, when calculating my daily pay rate, my boss based it on this calculation:

2.1 mil monthly salary / 30 days in a month = 70,000 per day

Now, I worked at a kindy, so I never worked weekends, just 5 days a week. The way I see it, she ought to have calculated my daily pay based on days worked per month (22 ~ 23 or so). Is this a fair assessment?

Is there anything I can do about this? This particular boss won't listen to reason, and she's already effed me over on plane ticket and end-of-contract bonus pay, so...

Any advice on what to do would be really appreciated.



Unfortunately there is nothing to be done. The time to fix this, would be before you sign and not after. If you agreed to this, there is nothing in the labor laws that forbids this. Chalk this up to a learning experience and should you decide to get another job here make sure that your next contract includes only working days in any sort of calculation.

You are correct that basing it on your working days would be a fairer assessment...but many hakwon bosses simply don't care about fairness.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Mon Mar 01, 2010 4:13 pm    Post subject: Reply with quote

lifeinkorea wrote:
15 days (you probably worked)= 1,575,000
20 days per month (four 5 day weeks) at 2.1 = 105,000 / day

I don't know about bonus pay issues, and it might be something you will want to fight for. That indicates you completed a contract, .



Nope. He started his contract on the 5th of a month and finished on the 26th of another.

That's not a full year, hence the OP is not LEGALLY entitled to severance pay.

Morally he should get it...but the labor laws don't take that into account.

As for the plane ticket it depends on what the contract says. If it says he only gets it if he works 12 months, then it is what it is.

OP (based on the information in your post) your boss appears to be legally in the right. That doesn't make what she is doing to you right, only that I don't see much recourse available. Sorry to hear about your situation.
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AminoUp



Joined: 19 Nov 2008

PostPosted: Mon Mar 01, 2010 4:21 pm    Post subject: Reply with quote

Oh, I've been at the school for 14 months! More than a year, even, and the school's lucky to have kept me, the way they're treating employees.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Mon Mar 01, 2010 4:25 pm    Post subject: Reply with quote

TheUrbanMyth wrote:
lifeinkorea wrote:
15 days (you probably worked)= 1,575,000
20 days per month (four 5 day weeks) at 2.1 = 105,000 / day

I don't know about bonus pay issues, and it might be something you will want to fight for. That indicates you completed a contract, .


Nope. He started his contract on the 5th of a month and finished on the 26th of another.


He never stated that, he said:

Quote:
So, I just finished a contract with a hogwon

Since I didn't work a full pay cycle (my contract started on the 5th of the month, I only worked until the 26th of my last month), I got paid based on a daily rate.


He said he finished a contract, maybe it's not true, but that is what I was basing my reply on. Also, a pay cycle is different than a work week/month.

Quote:
That's not a full year, hence the OP is not LEGALLY entitled to severance pay.


Is bonus pay synonymous with severance? I thought severance was one month's pay, and bonus was just a little extra (not a full month).
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Mon Mar 01, 2010 4:26 pm    Post subject: Reply with quote

AminoUp wrote:
Oh, I've been at the school for 14 months! More than a year, even, and the school's lucky to have kept me, the way they're treating employees.


Did they pay you airfare to go home after 1 year was up? Did you get anything extra as a result of re-signing a new contract?
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Mon Mar 01, 2010 4:30 pm    Post subject: Reply with quote

AminoUp wrote:
Oh, I've been at the school for 14 months! More than a year, even, and the school's lucky to have kept me, the way they're treating employees.



The part of your post I bolded was an important part which you left out of your OP. You said you only worked until the 26th of your last month (given that the E-2 is for one year...it sounded as if you did not finish.)

If that is indeed the case, then you are LEGALLY entitled to severance pay which should be the average of your last three months including any OT. If your boss is jerking you around on that, I'd inform her that I'd be speaking to the labor board were I you.

I do have one question. Since the E-2 visa is usually only for one year...did you go down to the Immigration office and get a stamp on your ARC extending your visa for those additional two months?
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AminoUp



Joined: 19 Nov 2008

PostPosted: Mon Mar 01, 2010 4:30 pm    Post subject: Reply with quote

I'm taking my trip home in a few days... didn't get any sort of bonus for staying on for an extra 2 months (wanted to round out the school year), and heck, didn't even get to see a contract for these extra 2 months of work despite asking for it repeatedly.

Yeah, shadyville...
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AminoUp



Joined: 19 Nov 2008

PostPosted: Mon Mar 01, 2010 4:32 pm    Post subject: Reply with quote

TheUrbanMyth wrote:


I do have one question. Since the E-2 visa is usually only for one year...did you go down to the Immigration office and get a stamp on your ARC extending your visa for those additional two months?


Yeah, my boss went down to immigration and did it for me. My E2 is valid for teaching for those extra 2 months.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Mon Mar 01, 2010 4:50 pm    Post subject: Reply with quote

Quote:
didn't even get to see a contract for these extra 2 months of work despite asking for it repeatedly.


I don't think there is much you can do. The contract you did sign probably said something like "Employer will pay for a flight within 10 days after the contract period".

You are supposed to sign a new contract even if it is not another year. Make sure you get your pension though. You can always back pay if they didn't put the money in, and then they are supposed to match it.
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AminoUp



Joined: 19 Nov 2008

PostPosted: Mon Mar 01, 2010 4:52 pm    Post subject: Reply with quote

Yeah, I figured that'd be the case... ah well, live and learn.

Thanks tons for your help, though! Smile
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Mon Mar 01, 2010 5:10 pm    Post subject: Reply with quote

lifeinkorea wrote:


Quote:
That's not a full year, hence the OP is not LEGALLY entitled to severance pay.


Is bonus pay synonymous with severance? I thought severance was one month's pay, and bonus was just a little extra (not a full month).



"Bonus pay" in Korea is a misnomer. It is actually severance pay which is a legal requirement should you finish one year.
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