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morrisfletcher
Joined: 21 Oct 2010
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 Posted: Mon May 28, 2012 7:21 am Post subject: Need to Resign - Advice |
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Basic situation is that I like my job, co-workers, students etc. but the business side of my employment has been a problem.
My employer has been late with pay, late with paying health & pension, short with pay; just generally causing problems surrounding money.
I've gathered that my academy could be a sinking ship financially and it's just best to move on at this point.
I'd like to do the right thing by giving notice and resigning in 30 days, but if I do resign, do I give up any rights to severance? I have been working for this academy for 18 months, and I did not receive my severance after the first year (please no hindsight comments). |
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amcnutt
Joined: 22 Mar 2010
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| Posted: Mon May 28, 2012 8:18 am Post subject: |
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Well technically you did complete your first year of the contract, so they do owe you the severance pay for the first year. However, you mentioned that money is an issue so I find it hard to believe that your boss would be willing to pay it to you if you resign. Obviously you wouldn't get severance for the 2nd year, but will you get the rightfully-earned severance for the first is the question....
It's a tricky situation for sure. If I were you I would ask for the severance for the first year (without mentioning quitting) and see if they would give it to you, because that should be given to you. Hard to say if they will agree to that, though since you described it as a "sinking ship". If you can't get it...hmm I would say stay on until the end of your contract since you like your students and co-workers, but it's hard to say if you would get all your pay if you completed the contract, given the money situation. Yikes, good luck! |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Mon May 28, 2012 8:19 am Post subject: |
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Legally, you have nothing to worry about. Realistically, you won't get your money. Cut your losses and move on.
Your school still needs you for 6 more months so they can achieve this imaginary windfall. You will be to blame if you jump ship now.
I would ignore the pension payments, you can try to collect on those later when you are at your second school. Try to get as much of the severance as you can. Then, when you are at a new school, go to the pension office and they will try to collect on any unpaid pension. |
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Wildbore
Joined: 17 Jun 2009
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| Posted: Mon May 28, 2012 8:19 am Post subject: Re: Need to Resign - Advice |
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| morrisfletcher wrote: |
Basic situation is that I like my job, co-workers, students etc. but the business side of my employment has been a problem.
My employer has been late with pay, late with paying health & pension, short with pay; just generally causing problems surrounding money.
I've gathered that my academy could be a sinking ship financially and it's just best to move on at this point.
I'd like to do the right thing by giving notice and resigning in 30 days, but if I do resign, do I give up any rights to severance? I have been working for this academy for 18 months, and I did not receive my severance after the first year (please no hindsight comments). |
It may work in your favor that you did not receive severence. To receive severence you need a minimum of one year worked.
You will receive severence for one and a half years, based on an average of your last 3 months salary.
So, for example, if your monthly salary for the first year was 1.9 million, and your second year 2.0 million, you will receive 2 million for the first year, plus an additional 1 million, as the second year will be indexed to the amount of the second year completed.)
This must be paid as a lump sum within 2 weeks of retirement from the business.
Please consult the Retirement Benefit Security Act on the LABOR MINISTRY website for more information. If your employer refuses to pay, you may need to file a complaint to the labor office in your local area.
Last edited by Wildbore on Mon May 28, 2012 8:21 am; edited 1 time in total |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Mon May 28, 2012 8:20 am Post subject: |
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| Obviously you wouldn't get severance for the 2nd year, but will you get the rightfully-earned severance for the first is the question |
They are entitled to 18/12 of their salary. It's only the first year that has to be completed. |
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amcnutt
Joined: 22 Mar 2010
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| Posted: Mon May 28, 2012 8:24 am Post subject: Re: Need to Resign - Advice |
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| Wildbore wrote: |
| morrisfletcher wrote: |
Basic situation is that I like my job, co-workers, students etc. but the business side of my employment has been a problem.
My employer has been late with pay, late with paying health & pension, short with pay; just generally causing problems surrounding money.
I've gathered that my academy could be a sinking ship financially and it's just best to move on at this point.
I'd like to do the right thing by giving notice and resigning in 30 days, but if I do resign, do I give up any rights to severance? I have been working for this academy for 18 months, and I did not receive my severance after the first year (please no hindsight comments). |
It may work in your favor that you did not receive severence. To receive severence you need a minimum of one year worked.
You will receive severence for one and a half years, based on an average of your last 3 months salary.
So, for example, if your monthly salary for the first year was 1.9 million, and your second year 2.0 million, you will receive 2 million for the first year, plus an additional 1 million, as the second year will be indexed to the amount of the second year completed.)
This must be paid as a lump sum within 2 weeks of retirement from the business. |
I don't think severance is based on months worked. I believe it is based on the yearly contract, therefore the teacher receives the equivalent to one month's salary for the year completed. So morrisfletcher deserves severance pay of 1 month's salary right now, for his first year at the school. If he were to work for 6 more months at the same school he would be entitled to a severance pay of 2 months' salary. If he doesn't complete the second year of the contract, the 2nd potential severance pay is not earned and definitely won't be paid (in full or in part) by the school. |
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Wildbore
Joined: 17 Jun 2009
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| Posted: Mon May 28, 2012 8:24 am Post subject: |
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| YTMND wrote: |
| Quote: |
| Obviously you wouldn't get severance for the 2nd year, but will you get the rightfully-earned severance for the first is the question |
They are entitled to 18/12 of their salary. It's only the first year that has to be completed. |
This is accurate information. There was a thread where the pro-rated issue was beaten to death. The labor ministry's online "retirement calculator" pro-rates the retirement pay for additional years, whether they are completed or not. |
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luckylady
Joined: 30 Jan 2012
Location: u.s. of occupied territories
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| Posted: Mon May 28, 2012 2:40 pm Post subject: Re: Need to Resign - Advice |
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| morrisfletcher wrote: |
Basic situation is that I like my job, co-workers, students etc. but the business side of my employment has been a problem.
My employer has been late with pay, late with paying health & pension, short with pay; just generally causing problems surrounding money.
I've gathered that my academy could be a sinking ship financially and it's just best to move on at this point.
I'd like to do the right thing by giving notice and resigning in 30 days, but if I do resign, do I give up any rights to severance? I have been working for this academy for 18 months, and I did not receive my severance after the first year (please no hindsight comments). |
one of the first things I learned about Korea and Korean business in general was just how many (Korean) employees were actually paid late, sometimes by months - and how this was accepted as the way things sometimes were.
I've even worked at hakwons where the Korean teachers weren't paid for several months, but the NETs were always paid and always more or less on time (sometimes w/i a day or 2).
you haven't said much about other situations there - are there other FTs? is your school losing students? are there other symptoms of the business going down? have you even spoken to your boss about these late payments being a problem?
the first and foremost item should be to communicate with your director and express your need and desire to be paid promptly and on time. the pension office is also very lenient as to when payments are made, as long as they are made (an employer has 30 days after you leave a position for the last payment to be made).
it could very well be that because it's been this way and you haven't said anything no one thought it was a problem. obviously they like you as you've been re-signed. as for receiving your first severance, no, unless it was in your contract that you should receive it even if you renew, it wasn't due at the end of the first 12 months.
if you like your school and students, why take a chance on losing that w/o even trying first? on the other hand, if students are quitting/leaving left and right and you KNOW it's going downhill, then yes, you should make plans.
just don't make a costly mistake when it could be just a typically unorganised boss who doesn't understand the importance of paying on time. talk to them, express your needs and concerns. it's what a professional would do and in the long run, you'll be glad you gave it all you could on your part before making a decision to leave (or not). |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Mon May 28, 2012 3:23 pm Post subject: Re: Need to Resign - Advice |
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| amcnutt wrote: |
[q
I don't think severance is based on months worked. I believe it is based on the yearly contract... |
You believe wrongly. As long as the first year is completed and as long as the employment is continuous the employee's severance is pro-rated. |
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morrisfletcher
Joined: 21 Oct 2010
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| Posted: Mon May 28, 2012 4:58 pm Post subject: |
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luckylady:
I think we have a similar attitude towards things. I have tried to resolve the issue, and on many occasions (over many months) politely discussed my desire to be paid promptly etc. The response I have always received was 'I'm sorry it will never happen again, or I'll pay you soon" always to no avail. I had one last discussion with my boss last week, and he essentially told me the school is broke.....and like you suspected we have been losing students. It has not gotten contentious at all, but the money issues, for me, make it impossible to stay.
I think my next move is to get a D10, and start searching the threads for how to get severance, wages etc. from a boss who won't pay them. |
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cincynate
Joined: 07 Jul 2009
Location: Jeju-do, South Korea
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| Posted: Mon May 28, 2012 6:31 pm Post subject: |
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| I don't think severance is based on months worked. I believe it is based on the yearly contract, therefore the teacher receives the equivalent to one month's salary for the year completed. So morrisfletcher deserves severance pay of 1 month's salary right now, for his first year at the school. If he were to work for 6 more months at the same school he would be entitled to a severance pay of 2 months' salary. If he doesn't complete the second year of the contract, the 2nd potential severance pay is not earned and definitely won't be paid (in full or in part) by the school. |
People, don't give an answer if you don't know. Also, it doesn't matter what it says in your contract. It only matters what is written in the Codified Korean Law. The Law says you receive a severance payment after a full year worked, plus a prorated about for any additional partial year worked. The school has 14 days from the date of your departure to pay you the FULL amount.
Don't let anyone tell you different, and even if your contract says "WE DO NOT PAY SEVERANCE", you are still entitled to it by law. |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Mon May 28, 2012 7:07 pm Post subject: |
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| if your contract says "WE DO NOT PAY SEVERANCE", you are still entitled to it by law. |
However, you still have to take legal action, and even if you win you still need to collect on it. Being legally correct is nothing more than kudos on your back.
Sometimes, it is more practical to walk away. If they don't have money, they don't have money. You can't collect on what isn't there.
I still think you should forget the pension money and try to collect on it later, divide what is owed to you. Since they already paid into it, then you are registered with them. Now, try to get the severance. They will think they don't need to give you pension, one cancelling out the other. Then, after you have moved, go to the pension office and try to collect on that. Hopefully they will pay something or it will leave a scar on their record. |
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