| View previous topic :: View next topic |
| Author |
Message |
Xanadu123
Joined: 01 Jul 2009
|
 Posted: Tue Oct 05, 2010 9:37 am Post subject: Question |
 |
|
My employer is saying that they will not pay me my severance pay. I will finish a 12 month contract very soon. The reason they give me is that I was sick with the flu and was unable to work for two weeks, which is greater than the 5 day sick leave allotted. However, the second week they made me stay home even though I felt okay as a precaution.
I was under the impression that no matter what, each employee who does a 12 month contract, is by law, guaranteed a severance pay.
What should I do? |
|
| Back to top |
|
 |
climber159
Joined: 02 Sep 2007
|
| Posted: Tue Oct 05, 2010 9:44 am Post subject: |
|
|
Figure out where your local labor board office is and pay them a visit. Explain to them what is going down at your hagwon. However, this might be tricky as your employer may simply fire you for ________ (insert reason) in order to prevent you from completing your contract. This is illegal, but fighting this action through the labor office and the courts is expensive and time consuming leading your boss to think you just won't pursue action against him or her.
As far as your sick days go, if you used up your paid sick days then your boss could dock your pay for any additional sick days used, but cannot deny you your severance pay.
You should also check with the pension office to verify that your employer has been contributing to your pension. If he or she is trying to weasel out of your severance payment there's reason to believe they've weaseled out of your pension as well. |
|
| Back to top |
|
|
crescent
Joined: 15 Jan 2003
Location: yes.
|
| Posted: Tue Oct 05, 2010 4:33 pm Post subject: |
|
|
Go to the Labor Board immediately with your contract. Your boss knows your visa will expire, have to leave, and won't have much time to fight this.
http://www.moel.go.kr/english/main.jsp |
|
| Back to top |
|
|
Xanadu123
Joined: 01 Jul 2009
|
| Posted: Tue Oct 05, 2010 8:20 pm Post subject: |
|
|
| crescent wrote: |
Go to the Labor Board immediately with your contract. Your boss knows your visa will expire, have to leave, and won't have much time to fight this.
http://www.moel.go.kr/english/main.jsp |
Is it the same as the local labor office? |
|
| Back to top |
|
|
Xanadu123
Joined: 01 Jul 2009
|
| Posted: Tue Oct 05, 2010 8:25 pm Post subject: |
|
|
| climber159 wrote: |
Figure out where your local labor board office is and pay them a visit. Explain to them what is going down at your hagwon. However, this might be tricky as your employer may simply fire you for ________ (insert reason) in order to prevent you from completing your contract. This is illegal, but fighting this action through the labor office and the courts is expensive and time consuming leading your boss to think you just won't pursue action against him or her.
As far as your sick days go, if you used up your paid sick days then your boss could dock your pay for any additional sick days used, but cannot deny you your severance pay.
You should also check with the pension office to verify that your employer has been contributing to your pension. If he or she is trying to weasel out of your severance payment there's reason to believe they've weaseled out of your pension as well. |
Basically then I am uncertain of what action to take. |
|
| Back to top |
|
|
jonpurdy
Joined: 08 Jan 2009
Location: Ulsan
|
| Posted: Tue Oct 05, 2010 8:30 pm Post subject: |
|
|
If they insisted that you stay home, that's their fault. Even if you took additional sick days without their consent they can only dock your pay for each day. If they didn't approve of it for some reason they could've fired you then but not now.
You were employed for the continuous 12 months and sick days don't count as a gap in the contract.
Also, if he chooses to fire you now he will be looked down upon by the labor board because 11-month firings to get out of paying severance happen all the time.
Basically, go to the labor board, ask what your options are about filing a complaint and let your boss know you will be doing so. |
|
| Back to top |
|
|
Xanadu123
Joined: 01 Jul 2009
|
| Posted: Tue Oct 05, 2010 8:36 pm Post subject: |
|
|
| jonpurdy wrote: |
If they insisted that you stay home, that's their fault. Even if you took additional sick days without their consent they can only dock your pay for each day. If they didn't approve of it for some reason they could've fired you then but not now.
You were employed for the continuous 12 months and sick days don't count as a gap in the contract.
Also, if he chooses to fire you now he will be looked down upon by the labor board because 11-month firings to get out of paying severance happen all the time.
Basically, go to the labor board, ask what your options are about filing a complaint and let your boss know you will be doing so. |
Ok, and is the labor board the same as the local labor offices? Because there is the ministry of employment and labor, and then there are local local boards.
Thanks for the help. |
|
| Back to top |
|
|
Xanadu123
Joined: 01 Jul 2009
|
| Posted: Wed Oct 06, 2010 5:10 am Post subject: |
|
|
| Do you guys know about anyone's experience with the Kangnam Labor Law Firm? |
|
| Back to top |
|
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
