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drdst122
Joined: 12 Apr 2009
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Posted: Mon Jun 25, 2012 8:05 pm Post subject: Severance Payment (Time requirement) |
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Sorry if the direct answer is easily searchable but I couldn't find a concrete answer on the matter.
My last contract was June 1st, 2011-May 31st,2012.
I signed on for another year and was told I would be paid my severance pay form the first year on the 25th of June 2012 as that is our pay day and would have been my last paycheck.
However, June 25th was yesterday and I didn't receive my severance. I'm being told that it will be paid next month most likely July 25th because I started working in June. That doesn't hold water for me and based on the wording of the contract and from what I can tell from the law, it's not right.
I believe I will get paid, but then again, who knows.
"Employer shall provide XXXXXXXX won in the form of an annual completion bonus to Employee at the end of one-year agreement."
Any advice would be appreciated. I don't see why they can't just pay me now.
Sorry for the ramble.
Thanks! |
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Wildbore
Joined: 17 Jun 2009
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Posted: Mon Jun 25, 2012 8:28 pm Post subject: |
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According to labor law they have 2 weeks after employment to provide you with the retirement pay and all other monies.
Take them to the Labor board.
Last edited by Wildbore on Mon Jun 25, 2012 9:03 pm; edited 1 time in total |
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drdst122
Joined: 12 Apr 2009
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Posted: Mon Jun 25, 2012 8:32 pm Post subject: |
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Thanks for the reply. Is the 2 weeks also for someone who signed on for another year?
I read about the 2 weeks, but seemed like it just applies to someone who has stopped working with the company.
I don't want to threaten any labor board or any disputes until I know for sure the answer.
Thank you very much for taking the time to respond. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Mon Jun 25, 2012 9:34 pm Post subject: |
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drdst122 wrote: |
Thanks for the reply.
i) Is the 2 weeks also for someone who signed on for another year?
ii) I read about the 2 weeks, but seemed like it just applies to someone who has stopped working with the company.
iii) I don't want to threaten any labor board or any disputes until I know for sure the answer.
iv) Thank you very much for taking the time to respond. |
numbers added for clarity.
i) No.
ii) Correct.
iii) You can request an early payout. If / when they pay it out the clock starts again on your 1 year minimum (under labor law). A labor board threat at this point is premature.
iv) You're welcome.
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drdst122
Joined: 12 Apr 2009
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Posted: Mon Jun 25, 2012 9:38 pm Post subject: |
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Thank you very much Ttompatz. Your information is always spot on and helpful.
So I finished contract year 1, and have already begun contract 2.
I was told by the person who I used to have regular contact with in the company that I would receive my severance during my June paycheck, which was yesterday.
Now, I'm told that person doesn't work with the company anymore, which happens all the time. They cycle employees like non other. They are saying they aren't going to pay until July.
What are my options here? I can wait for July, but then I could just be told the same thing again. You'll get it next month, etc...
Thanks as always for your help! |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Mon Jun 25, 2012 9:46 pm Post subject: |
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Unless you are prepared to find a new job over it... just keep reminding / annoying them till you get it.
If you to leave they have to pay it out within 14 days.
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Troglodyte

Joined: 06 Dec 2009
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Posted: Mon Jun 25, 2012 10:37 pm Post subject: |
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Do you normally get paid on the 25th of each month for work done in the previous month? i.e. you get paid 25 days AFTER you've worked? Is that actually in your contract? That's a huge waiting period. You should never accept to be paid more than 10 days into the next month. Preferably you should be paid on the 1st of the month. |
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drdst122
Joined: 12 Apr 2009
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Posted: Mon Jun 25, 2012 10:43 pm Post subject: |
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No, I get paid for example for Dec 25th- Jan 24th on January 25th.
So since my "last" paycheck would've been June 25th, which would have covered May 25-May 31, I expected and was told I would also receive my severance on that paycheck.
Now I'm being told to wait another month. I really don't think it's right, especially with the wording of my contract.
Anyways, it's just frustrating and I want to make sure I get it. I signed another year contract in good faith and don't want to keep getting the run around. I feel they will pay it, but you never know... |
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Wildbore
Joined: 17 Jun 2009
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Posted: Tue Jun 26, 2012 12:39 am Post subject: |
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Same thing happened to me. They told me they would pay it out within 2 months after my contract renewal.
When they didn't, I requested it again, and they basically said they had temperary financial problems and couldn't pay it out until my second contact was finished.
I finished my second contract and they paid out both of the severence payments, for the first and second contracts, fortunately.
But I didn't appreciate the bait-and-switch. |
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grant gerstners
Joined: 13 Jan 2010 Location: USA
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Posted: Tue Jun 26, 2012 1:16 am Post subject: |
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Chiming in here, although my situation might not be exactly the same: I am in the first month of my 2nd renewal. I am also paid on the 25th.
LAST YEAR, after my first contract renewal, a big chunk of money showed up in my bank account on June 25th (perhaps the day before). That was my regular monthly payment plus contract completion bonus plus contract re-signing (renewal) bonus.
THIS YEAR on the 25th (yesterday) all that showed up as far as I can tell so far is my regular monthly pay. I checked the balance today and it's still the same. |
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sojusucks

Joined: 31 May 2008
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Posted: Tue Jun 26, 2012 4:25 pm Post subject: |
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From my chats with labor, one gets severance when the leave the country (the other things should be paid upon completion of the contract). One can have the money sent home to them if they leave the country before five (5) consecutive years if I remember correctly. It could be seven (7) years. Staying longer than this results in the person paying into Korean retirement -- good luck collecting that one. You can leave before five years, wait for your cumulative severance, and come back again. I have know a couple of old timers that have done this. |
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