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Severance Pay After 9 months

 
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Welshguy



Joined: 17 Feb 2009
Location: Seoul

PostPosted: Tue Nov 23, 2010 6:40 pm    Post subject: Severance Pay After 9 months Reply with quote

As the topic says.

Can you legally get a proportion of your severance pay should you be fired in the 9th month.

And yes, the contract says, "After 1 year of completed service, you are entitled to the severance pay."

I am not looking for some wise crack remarks.

If you have had any experience with this, I would really welcome your input.

Thanks
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SteveSteve



Joined: 30 Jul 2010
Location: Republic of Korea

PostPosted: Tue Nov 23, 2010 7:10 pm    Post subject: Reply with quote

Sucks about your job. I'm afraid you may not be entitled to your severance, even if you've been fired. The severance is supposed to be an incentive for completing a contract.

However if you have been making your Pension contributions, then you may still collect that. I'm not sure if all nationalities can do that (Americans can but I don't know about others), so 9 months worth should be a nice stack of coin. About 1.5 million or so.
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blackjack



Joined: 04 Jan 2006
Location: anyang

PostPosted: Tue Nov 23, 2010 7:24 pm    Post subject: Reply with quote

no the employer is under no legal obligation to give you a pro-rated severance unless you have worked for over a year and you did not get paid it at the end of that year
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Juregen



Joined: 30 May 2006

PostPosted: Tue Nov 23, 2010 7:44 pm    Post subject: Reply with quote

You guys might want to talk to some people.

The law regarding severance has changed.
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blackjack



Joined: 04 Jan 2006
Location: anyang

PostPosted: Tue Nov 23, 2010 11:35 pm    Post subject: Reply with quote

Juregen wrote:
You guys might want to talk to some people.

The law regarding severance has changed.


care to shed some light on the changes? You own a hagwon right?
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rowdie3



Joined: 22 Sep 2003
Location: Itaewon, Seoul

PostPosted: Wed Nov 24, 2010 1:47 am    Post subject: Reply with quote

You are out of luck. Severance is a year end bonus. You have to finish a year to get it. This is true for Korean employees too.
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Welshguy



Joined: 17 Feb 2009
Location: Seoul

PostPosted: Sun Mar 06, 2011 6:39 pm    Post subject: Reply with quote

Just won my court case.

Can't tell you how much they have to pay, but it made my day.

Worked at an Elementary School for 2 years and 10 months.

The school refused to pay the pro rata 10 months severance pay.

The Labor Board ordered them to pay.

Just a heads up for everyone in this situation. As long as you have completed 1 year, you are entitled to a pro rata amount of severance pay for every month worked thereafter. Current Labor Law regulations as of March 2009.
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Son Deureo!



Joined: 30 Apr 2003

PostPosted: Sun Mar 06, 2011 6:50 pm    Post subject: Reply with quote

Welshguy wrote:

Just a heads up for everyone in this situation. As long as you have completed 1 year, you are entitled to a pro rata amount of severance pay for every month worked thereafter. Current Labor Law regulations as of March 2009.


True, but this part isn't new. Pro-rated severance pay after the first year has been completed has been the case for years.

Congratulations on winning your court case. Cool
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jonpurdy



Joined: 08 Jan 2009
Location: Ulsan

PostPosted: Sun Mar 06, 2011 7:55 pm    Post subject: Reply with quote

Yes, pro-rated is great. Unfortunately my school insists on paying each year rather than a lump sum at the end. I have to leave in the eleventh month of this year for grad school which means no severance.
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Ramen



Joined: 15 Apr 2008

PostPosted: Sun Mar 06, 2011 10:34 pm    Post subject: Reply with quote

jonpurdy wrote:
Yes, pro-rated is great. Unfortunately my school insists on paying each year rather than a lump sum at the end. I have to leave in the eleventh month of this year for grad school which means no severance.


if you've been working there for more than a year, they're still obligated to prorate the ramaining months' severance. Razz
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