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Paying severance for less than 1 year =illegal??

 
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Dutchtouch



Joined: 19 Apr 2010
Location: Seoul

PostPosted: Sun Mar 13, 2011 6:10 pm    Post subject: Paying severance for less than 1 year =illegal?? Reply with quote

Hey, so the hagwon I worked for was purchased by a new company 3 months before my contract was to end. My new employers are really great, seem to be kind and honest. They've told me that through rigorous research and such they've found out that it is illegal for any hagwon to pay severance to an employee who has completed less than one year with their company. Seeing as I've only been with them for 3 months they say they can't pay me what I'm 'owed'. My older owner (lying scheming banshee) however has supposedly signed a paper saying she will pay 9 months equivalent of what my severance would be. Whether she is legally obligated too or not I don't know. She is supposed to pay up at the end of this month, but I get a feeling she won't.
She didn't close for financial reason, i.e. she didn't go bankrupt or anything.

Does anyone know if any of this is true or close to true? Is is in fact illegal to pay severance for less than a yea? BTW, the new company assumed a new name and as such is not the same entity as my previous employer.
Any insight is greatly appreciated because getting shafted out of my bonus is going to make me go postal.

Thanks
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Ice Tea



Joined: 23 Nov 2008

PostPosted: Sun Mar 13, 2011 7:08 pm    Post subject: Reply with quote

By the same token, you could say that you aren't really an employee at the school anymore. You signed a contract with the old company, which doesn't exist anymore according to them. So, technically, you are not employed with any school anymore and you can go find a new place to work. Tell them that, and when they say, no, no, part of buying the school is taking over the teacher's contracts, say, there you go, you owe severance.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Mar 13, 2011 7:14 pm    Post subject: Reply with quote

Illegal to pay = no.
Required to pay = also no.

Against the policy of their hagwan association = probably yes.

They may also try to screw you out of your airfare for the same reason.

.
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