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longlivetheclash
Joined: 08 Aug 2009
Location: Bundang/Seoul
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 Posted: Sat Aug 07, 2010 11:04 pm Post subject: Teacher, teacher....I signed a 16 month contract. |
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Hello all,
I signed a 16 month contract in October 2009, and have several questions, as I am considering resigning my position at the 12 month mark, October 2010.
1. If I notify the school (30 days in advance) of my resignation, am I still legally entitled to my severance pay on my 365th day of employment, even though I am not completing the 16 month contract?
2. Additionally, if I notify the school (30 days in advance) of my resignation, am I legally entitled to return airfare purchased by the school on my 365th day of employment, even though I am not completing the 16 month contract?
Many thanks in advance. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Aug 08, 2010 12:15 am Post subject: Re: Teacher, teacher....I signed a 16 month contract. |
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| longlivetheclash wrote: |
Hello all,
I signed a 16 month contract in October 2009, and have several questions, as I am considering resigning my position at the 12 month mark, October 2010.
1. If I notify the school (30 days in advance) of my resignation, am I still legally entitled to my severance pay on my 365th day of employment, even though I am not completing the 16 month contract?
2. Additionally, if I notify the school (30 days in advance) of my resignation, am I legally entitled to return airfare purchased by the school on my 365th day of employment, even though I am not completing the 16 month contract?
Many thanks in advance. |
1 = yes and 2 = no.
1) is a matter of labor law.
2) is strictly a contractual matter.
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longlivetheclash
Joined: 08 Aug 2009
Location: Bundang/Seoul
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| Posted: Sun Aug 08, 2010 12:45 am Post subject: |
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| Thanks ttompatz. |
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laguna
Joined: 27 Jun 2010
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| Posted: Sun Aug 08, 2010 2:52 am Post subject: Re: Teacher, teacher....I signed a 16 month contract. |
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| longlivetheclash wrote: |
Hello all,
I signed a 16 month contract in October 2009, and have several questions, as I am considering resigning my position at the 12 month mark, October 2010.
1. If I notify the school (30 days in advance) of my resignation, am I still legally entitled to my severance pay on my 365th day of employment, even though I am not completing the 16 month contract?
2. Additionally, if I notify the school (30 days in advance) of my resignation, am I legally entitled to return airfare purchased by the school on my 365th day of employment, even though I am not completing the 16 month contract?
Many thanks in advance. |
Yep, that "bonus" isn't even a bonus. It's payment for an additional pay period. There are 13 pay periods in a year, the labor board just allows them to pay that extra one at the end to help the school with their upfront costs of recruiting a teacher.
You are entitled to that "bonus" if you finish, even if they try to put in performance requirements and other things that aren't legal. If you don't get your bonus the day you should, you should be at the labor board or police station the following day to make sure you don't get screwed. |
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schwa
Joined: 18 Jan 2003
Location: Yap
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| Posted: Sun Aug 08, 2010 3:11 am Post subject: Re: Teacher, teacher....I signed a 16 month contract. |
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| laguna wrote: |
Yep, that "bonus" isn't even a bonus. It's payment for an additional pay period. There are 13 pay periods in a year, the labor board just allows them to pay that extra one at the end to help the school with their upfront costs of recruiting a teacher.
You are entitled to that "bonus" if you finish, even if they try to put in performance requirements and other things that aren't legal. If you don't get your bonus the day you should, you should be at the labor board or police station the following day to make sure you don't get screwed. |
Claptrap.
You are right, its not a "bonus," but its something that every worker (Korean & non) in this country is entitled to -- its called severance. Its intended to offset retirement costs, nothing to do with school expenses. There are rules as to how its paid out.
Go to the police station? I can just imagine the reaction you'd get. |
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longlivetheclash
Joined: 08 Aug 2009
Location: Bundang/Seoul
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| Posted: Sun Aug 08, 2010 6:24 am Post subject: Thanks for the input. |
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| Schwa, I love the police station reponse. I am assuming that I can NOT expect return flight compensation. Is this correct? |
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Troglodyte
Joined: 06 Dec 2009
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| Posted: Sun Aug 08, 2010 6:29 am Post subject: |
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Another thing to keep in mind....
If you're employer is upset that you aren't completing your full 16 months, it's possible that they'll withhold your last month's salary. It's illegal, but it happens a lot. So, if you are thinking of quitting because you're relationship with the school/boss/owner has soured, keep this in mind, and be prepared for a legal fight to get your salary. Why not stay 13 months? Say that you want your severance at the end of the first 12 month period (for whatever reason) and then after getting paid, give your 30 days notice. You might still lose your last month salary, but at least you get your severance pay. |
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laguna
Joined: 27 Jun 2010
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| Posted: Sun Aug 08, 2010 8:00 am Post subject: Re: Thanks for the input. |
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| longlivetheclash wrote: |
| Schwa, I love the police station reponse. I am assuming that I can NOT expect return flight compensation. Is this correct? |
http://www.police.go.kr/KNPA/foreigner/fr_what.jsp
See that second picture? |
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nomad-ish
Joined: 08 Oct 2007
Location: On the bottom of the food chain
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| Posted: Sun Aug 08, 2010 3:37 pm Post subject: |
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| Troglodyte wrote: |
Another thing to keep in mind....
If you're employer is upset that you aren't completing your full 16 months, it's possible that they'll withhold your last month's salary. It's illegal, but it happens a lot. So, if you are thinking of quitting because you're relationship with the school/boss/owner has soured, keep this in mind, and be prepared for a legal fight to get your salary. Why not stay 13 months? Say that you want your severance at the end of the first 12 month period (for whatever reason) and then after getting paid, give your 30 days notice. You might still lose your last month salary, but at least you get your severance pay. |
i believe this is an SMOE public school position, i doubt he'll have problems collecting his last month's wages or severance. as for airfare, you're definitely out of luck unless your school is extremely generous. |
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longlivetheclash
Joined: 08 Aug 2009
Location: Bundang/Seoul
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| Posted: Sun Aug 08, 2010 3:46 pm Post subject: Re: Thanks for the input. |
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Is that what the police look like here in the ROK...? I never see 'em. |
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schwa
Joined: 18 Jan 2003
Location: Yap
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| Posted: Sun Aug 08, 2010 4:14 pm Post subject: |
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If its a govt gig, I'd think you're likely to get your airfare or exit allowance after 12 full months work.
Thats how Gangwon EPIK deals with longer contracts given to those who start midterm. They'd like you to stay, but you dont have to. Standard year-end benefits still apply. The only difference is you have to officially resign (with at least 30 days written notice).
Not sure how SMOE operates but EPIK rarely if ever hands out severance & exit allowance on the 365th day -- typically its a month later. |
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