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broonie30
Joined: 20 Dec 2008
Location: Along from the phone shop & coffee shop
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 Posted: Wed May 11, 2011 8:03 am Post subject: Severence pay pro rated after 1 year? |
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Okay please help!
I have searched and found some info on this but no solid sources, so anyone in the know that can point me in the direction of the written law an our definite entitlement would be greatly appreciated!
Basically I have already done 1 year, and got paid 1 month severence. Renewed my contract and so far completed 10 months of the 2nd year. I've had to leave Korea to be with my sick father and don't know when I will return.
Is that 10 months pro rated since I have already completed 1 years service??? |
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morrisonhotel
Joined: 18 Jul 2009
Location: Gyeonggi-do
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| Posted: Wed May 11, 2011 2:42 pm Post subject: Re: Severence pay pro rated after 1 year? |
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| broonie30 wrote: |
Okay please help!
I have searched and found some info on this but no solid sources, so anyone in the know that can point me in the direction of the written law an our definite entitlement would be greatly appreciated!
Basically I have already done 1 year, and got paid 1 month severence. Renewed my contract and so far completed 10 months of the 2nd year. I've had to leave Korea to be with my sick father and don't know when I will return.
Is that 10 months pro rated since I have already completed 1 years service??? |
No, no it's not. If you hadn't accepted the payout after your first year, then that you would have received 10 months pro-rata. As you did, you won't get a penny. |
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fungrel
Joined: 26 Dec 2010
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| Posted: Wed May 11, 2011 2:45 pm Post subject: |
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I completed a 8 month contract.
I then signed a year contract that ended this February.
When i asked for my severance, i got 20 months instead of the year that i was expecting. This may have been a mistake from my school, because they applied the laws that exist for Korean teachers and not for GETs. |
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morrisonhotel
Joined: 18 Jul 2009
Location: Gyeonggi-do
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| Posted: Wed May 11, 2011 3:01 pm Post subject: |
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| fungrel wrote: |
I completed a 8 month contract.
I then signed a year contract that ended this February.
When i asked for my severance, i got 20 months instead of the year that i was expecting. This may have been a mistake from my school, because they applied the laws that exist for Korean teachers and not for GETs. |
The severance is based on completing one full year, not on the contract length. |
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fungrel
Joined: 26 Dec 2010
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| Posted: Wed May 11, 2011 3:17 pm Post subject: |
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| morrisonhotel wrote: |
| fungrel wrote: |
I completed a 8 month contract.
I then signed a year contract that ended this February.
When i asked for my severance, i got 20 months instead of the year that i was expecting. This may have been a mistake from my school, because they applied the laws that exist for Korean teachers and not for GETs. |
The severance is based on completing one full year, not on the contract length. |
Right. But for Korean teachers, i suspect this not to be the case. And this is why i was paid a pro rated severance pay by mistake. |
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morrisonhotel
Joined: 18 Jul 2009
Location: Gyeonggi-do
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| Posted: Wed May 11, 2011 4:13 pm Post subject: |
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| fungrel wrote: |
Right. But for Korean teachers, i suspect this not to be the case. And this is why i was paid a pro rated severance pay by mistake. |
Koreans are subject to the same laws, in this respect, as we are. Sure, there's probably a fair amount who are screwed out of it by their employers, but if a Korean worked the same amount of time, they would be owed that money. |
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Juregen
Joined: 30 May 2006
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| Posted: Thu May 12, 2011 2:49 am Post subject: Re: Severence pay pro rated after 1 year? |
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| morrisonhotel wrote: |
| broonie30 wrote: |
Okay please help!
I have searched and found some info on this but no solid sources, so anyone in the know that can point me in the direction of the written law an our definite entitlement would be greatly appreciated!
Basically I have already done 1 year, and got paid 1 month severence. Renewed my contract and so far completed 10 months of the 2nd year. I've had to leave Korea to be with my sick father and don't know when I will return.
Is that 10 months pro rated since I have already completed 1 years service??? |
No, no it's not. If you hadn't accepted the payout after your first year, then that you would have received 10 months pro-rata. As you did, you won't get a penny. |
What he said is correct. |
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fezmond
Joined: 27 Oct 2008
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| Posted: Thu May 12, 2011 5:35 am Post subject: |
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help please....
i've been at the same school since march 2010 (1 year, 2 months so far).
they say that they don't pay severance - it's already in the wages.
as far as i know, this is all b******t, they have a legal requirement to pay me severance money once i've completed 365 days. from what i've read (possibly ropey sources at best), i need payslips from the 3 previous months prior to finishing my job and that's about it.
once i've been employed for more than 365 days:
they can't try to get around it in a contract clause?
they must pay it on a pro-rata basis?
is the above correct? i haven't said anything much to them yet but at the end of 2 years, i'd like my 4.6ish mil.
should i mention something now or later? |
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Juregen
Joined: 30 May 2006
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| Posted: Mon May 23, 2011 10:45 pm Post subject: |
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fezmond
Labour board and contract
That is all you can do. |
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