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When to collect severance when renewing contract?
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Radius



Joined: 20 Dec 2009

PostPosted: Thu May 19, 2011 8:00 am    Post subject: When to collect severance when renewing contract? Reply with quote

My boss wants me to renew and do another year, should I ask for the severance pay now, or collect for both years at the end of the second contract?
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hamie



Joined: 27 Nov 2009
Location: The middle of nowhere Korea

PostPosted: Thu May 19, 2011 8:05 am    Post subject: Reply with quote

We work at a hagwon, and part of our renewal agreement was we got our severence at the end of the first contract. Never trust a hagwon boss to give you 2 years of bonus money in one lump sum. There's absolutely NO reason whatsoever for them to hold onto it. If your boss puts up a fuss, threaten to walk, and be prepared to do it. Be your own advocate! Smile
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northway



Joined: 05 Jul 2010

PostPosted: Thu May 19, 2011 8:05 am    Post subject: Reply with quote

If you're getting a raise I'm pretty sure you get the total severance at the higher pay rate, not that it makes a huge difference with the kind of raises we get here. I'd probably hold off, considering that if something happens and you need to leave before the end of the year they still owe you, whereas if you take it out now you start the clock again where they don't have to pay you if you don't finish a year.
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Thu May 19, 2011 2:51 pm    Post subject: Reply with quote

At a hagwon, ALWAYS try to take the severance after completing the first year. Minimize the risk of getting screwed over. Seemingly good hagwons can close down or change ownership very quickly and there is not much you can do in those cases.

If it were a public school, let it ride and get a bit extra because of the raise from the second year.
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thegadfly



Joined: 01 Feb 2003

PostPosted: Thu May 19, 2011 7:21 pm    Post subject: Reply with quote

Perhaps I am mistaken, but I thought if you stayed more than a year without taking your severance, all additional time got pro-rated severance. That is, for example, if one worked for 18 months and then decided to leave, one would get a month's salary for the first year, and an additional 2 weeks salary for the additional 6 months...but one was not eligible for pro-rated severance until the first year had been completed, nor could one get pro-rated severance if one takes the payout at the year....
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OculisOrbis



Joined: 17 Jul 2006

PostPosted: Thu May 19, 2011 7:26 pm    Post subject: Reply with quote

That is true. But with a hagwon, in my opinion, money in hand after the first year with no pro-rating for the next year is better than risking losing everything....and if you finish the second year, you still get another full severance payment.

Public schools, I would go for the pro-rating with the raise added for that little extra. Very little chance a public school would cheat you, but very likely a hagwon would try.
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thegadfly



Joined: 01 Feb 2003

PostPosted: Thu May 19, 2011 8:52 pm    Post subject: Reply with quote

OculisOrbis wrote:
That is true. But with a hagwon, in my opinion, money in hand after the first year with no pro-rating for the next year is better than risking losing everything....and if you finish the second year, you still get another full severance payment.

Public schools, I would go for the pro-rating with the raise added for that little extra. Very little chance a public school would cheat you, but very likely a hagwon would try.


I agree with "a bird in the hand," but I ALSO know of people that were paid at the end of the year, and then tried to get pro-rated severance for a portion of the next year that felt they were "cheated."

It's an either/or, and I choose to get the "bonus" at the end of each year....
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monkeymagic



Joined: 21 Nov 2007

PostPosted: Tue Jun 28, 2011 6:51 am    Post subject: same problem Reply with quote

I have the same problem. The hagwon does not want to pay my severance now but later (after the end of the second year). I have signed another contract with them. I have currently worked with them for 15 months.

I want my severance now - I'm not interested in Pro-rata.

Same problem with airfare.

Korean lawyer that my employer spoke to said they can do this. I am sure this is not correct. I can ask for a lump sum after my 12 month contract is complete even if I do sign another one with them?
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cert43



Joined: 17 Jun 2010

PostPosted: Tue Jun 28, 2011 6:52 am    Post subject: Reply with quote

yeah..it's "lumped" on the first paycheck
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monkeymagic



Joined: 21 Nov 2007

PostPosted: Tue Jun 28, 2011 7:07 am    Post subject: Reply with quote

SO if I ask them to pay they have to pay?

OR if I ask them to pay its at their discretion?

(It clearly states in the contract a set amount for airfare and severance is payable at the end of the contract - NO EXCEPTIONS)
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Son Deureo!



Joined: 30 Apr 2003

PostPosted: Tue Jun 28, 2011 7:08 am    Post subject: Reply with quote

I'd make a guarantee of payment of severance at the end of the first year a prerequisite to signing on for a second year if I were you.
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monkeymagic



Joined: 21 Nov 2007

PostPosted: Tue Jun 28, 2011 7:10 am    Post subject: Reply with quote

I am already 3 months into my second year contract. (Which is exactly the same as the previous year!)
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Tue Jun 28, 2011 7:21 am    Post subject: Reply with quote

When you are renewing a contract for a second year at a hogwan you are presumably on good terms or one of the parties would decline to renew. Under these circumstances it should be possible to request that your severance for your first year be paid on your next pay date. You should get this money right away because of the risk, but also because it will be taxed and a bigger lump sum will mean higher taxes later on, and because you can earn more by investing it now than by waiting.

When you renew, you will need a renewal contract. You should spell out in your renewal contract that you will be paid your severance on a date certain, that future severance payments will be prorated if your contract ends for any reason, and that you will receive additional payments for airfare to use for travel or as cash payments. You should be earning a round-trip ticket each year and get the cash if you don't travel. You should also get a raise, especially since there is less risk, you should be a better teacher and there is no recruiter to pay.

Renewing means both parties are happy and both should gain something in the renewal.
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monkeymagic



Joined: 21 Nov 2007

PostPosted: Tue Jun 28, 2011 7:28 am    Post subject: Reply with quote

(1) the contract is exactly the same as the previous year and I am 3 months into it.

(2) It has already been signed for year 2 (as I am 3 months into it).

(3) No raise has been given.

(4) I have NOT gained anything by renewal. In fact, I have had to wait longer for my severance and airfare!

Basically...

SO if I ask them to pay they have to pay?

OR if I ask them to pay its at their discretion?

(It clearly states in the contract a set amount for airfare and severance is payable at the end of the contract - NO EXCEPTIONS)

The Korean Lawyer says they don't have to pay until next year or if I quit. Severance or airfare.

This does not make any logical sense since if I quit then they would have to pay anyway...for sure!
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Ramen



Joined: 15 Apr 2008

PostPosted: Tue Jun 28, 2011 2:34 pm    Post subject: Reply with quote

hagwon holding on to your severance will become runners insurance. more ammo for your boss to abuse you. Razz
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