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return flight if staying in korea/severance pay

 
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kangasuz



Joined: 11 Nov 2009

PostPosted: Thu Mar 10, 2011 12:41 am    Post subject: return flight if staying in korea/severance pay Reply with quote

Two questions:

1. If you complete your one-year contract, but move to a different school in Korea, is your first school still obigated to give you a return home flight (it was in the contract)...

2. How long did it take to receive your severance pay?

Read on for more background to the story: Just curious if anyone has had this experience:

I recently completed my one-year at a school (not a hagwon). I was told my flight reimbursement + severance pay would arrive in my (Korean) bank account March 10. Not surprisingly, it didn't (now, I always did receive my paycheck on time, but the school is a little harried and disorganized, so that's why it's not a surprise).

I confirmed with my coordinator (korean) several times I would receive the money today (mar 10).

So, I called to ask what happened.

I received the following:
(1) I don't know.

(2) (After I pushed a bit harder): School will put flight money in account today. Sorry we've been soooo busy. But, and this is kindof secret, but when a teacher stays in Korea after finishing their contract, the school doesn't have to give you a flight home ... to which I responded : well, then you should indicate that in your contract. Unfortunately, you didn't, so, not my problem.

(3) Your severance pay will come "later." I don't know when. After your final bills are settled. -- **Keep in mind I was told the school had withheld money for those final bills (though they didn't)... so DESPITE trying to rectify ALL my bills before leaving, I now have to just wait until the school settles the bills.

Keep in mind that the coordinator has now cast blame on the companies, not the school. Basically she just doesn't want to get blamed.

AND, at the end, she tells me, "Don't make trouble for anyone. Just wait." OMG- really?! Now she's threatening not to give me any of my money? AUGH.

Sorry, just had to get that out. I do love Korea, I love living here -- but I'm not ok with being jerked around! (I know, I know.. let the comments begin.. actually, on second thought-- don't! Just tell me about severance and flight! *smile*)
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Thu Mar 10, 2011 1:29 am    Post subject: Reply with quote

Severance is due no later than 14 days after your employment end date (assuming you completed a full year). You can file a claim with labor board for unpaid wages anytime after 14 days.

Airfare is purely contractual. If it doesnt mention leaving korea as a condition to be paid, then you should be paid. If they refuse, then it is an issue for the court. You can mention it in your labor board claim and it might encourage your employer to pay it, but it isnt the labor board's responsibility to get your airfare money.

Whether or not you went to work at different school in korea is irrelevant in both cases.
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kangasuz



Joined: 11 Nov 2009

PostPosted: Thu Mar 10, 2011 1:50 am    Post subject: Website with info so I could show former school? Reply with quote

Thanks, OculisOrbis. By any chance, do you know of a website where the severance pay info is stated?

Suzi

OculisOrbis wrote:
Severance is due no later than 14 days after your employment end date (assuming you completed a full year). You can file a claim with labor board for unpaid wages anytime after 14 days.

Airfare is purely contractual. If it doesnt mention leaving korea as a condition to be paid, then you should be paid. If they refuse, then it is an issue for the court. You can mention it in your labor board claim and it might encourage your employer to pay it, but it isnt the labor board's responsibility to get your airfare money.

Whether or not you went to work at different school in korea is irrelevant in both cases.
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Thu Mar 10, 2011 2:08 am    Post subject: Reply with quote

Article 9 of the Employee Retirement Benefit Security Act
http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=260&tab=Standards

Article 37 of the Labor Standards Act
http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=254&tab=Standards

FAQ on the Ministry of Labor website:
http://www.moel.go.kr/english/dont_miss/faq_view.jsp?idx=136
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kangasuz



Joined: 11 Nov 2009

PostPosted: Thu Mar 10, 2011 7:05 pm    Post subject: Thank you! Reply with quote

Awesome. Thank you so much!

OculisOrbis wrote:
Article 9 of the Employee Retirement Benefit Security Act
http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=260&tab=Standards

Article 37 of the Labor Standards Act
http://www.moel.go.kr/english/topic/laborlaw_view.jsp?idx=254&tab=Standards

FAQ on the Ministry of Labor website:
http://www.moel.go.kr/english/dont_miss/faq_view.jsp?idx=136
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