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BIG CASH Severance Question...
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Dodge7



Joined: 21 Oct 2011

PostPosted: Mon Jun 18, 2012 3:07 am    Post subject: BIG CASH Severance Question... Reply with quote

I have been working with a company for three consecutive years at an after school program. I have yet to receive severance for any of those years. I asked my boss about being paid what's due me thus far and he gave me the run around and eluded to the fact that I will only get paid at the end when I quit or leave.
If I stay for about 5 or 6 years total, which I'm planning, they will owe me in excess of 13k at the end in severance. I find utterly impossible for them to come up with.
What would you do in this situation? I feel I don't have an upper-hand in any of this, and my wife is telling me they'd rather pay the fine from the labor board and not pay me and severance at all at the end of all those years.

Stressing out a little, we're taking some major cash here.
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ewlandon



Joined: 30 Jan 2011
Location: teacher

PostPosted: Mon Jun 18, 2012 4:14 am    Post subject: Reply with quote

if its severance it should be in the contract. If its a yearly contract and it says you will be paid at the end of the year they have to pay you. If they convince you to put it off till the end of 5 years they are banking on never paying you.
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Skippy



Joined: 18 Jan 2003
Location: Daejeon

PostPosted: Mon Jun 18, 2012 4:17 am    Post subject: Reply with quote

Severance is normally given at END of employment. Many hagwons because of the yearly contract nature, they usually gave at end of yearly contract.

Your boss can hold on to the severance till last day of employment (actually he has to up to 2 weeks to pay after last day). As to him holding on to it well or refusing to pay and accepting a labour fine. It would not work like that. I suspect you could take him to them labor board or court and have a judgment against him/her. It would take time and effort to get the money. If paranoid getting preparing on paperwork to prove your claim.

Also check you contract(s) about what it says concerning your severance. Some employers can choose if they want to pay severance or into a defined pension plan.

Also talk to your boss. Express your worries. If after 3 years with the same employer and you do not have the ability to talk with them, then I would leave the place. Maybe a deal can come up, that next renewal you get the last three years. Then severance goes yearly.
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Dodge7



Joined: 21 Oct 2011

PostPosted: Tue Jun 19, 2012 6:50 am    Post subject: Reply with quote

Thanks for the two replies, but I was hoping to hear from someone who went through this.
Bump.
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Whistleblower



Joined: 03 Feb 2007

PostPosted: Tue Jun 19, 2012 2:04 pm    Post subject: Reply with quote

Is your employer a mum and pop outfit or a larger, more well-known organisation? Without any particular information about your employer, it would be hard to offer any advice.

For larger, more reputable organisations, they usually pay severance/bonus when you leave not at the 12 month mark. For example, I was paid a bonus after 18 months of working with one well known school in Korea.

With smaller organisations, they usually pay your bonus at the 12 month mark. If you are with a small organisation, I would start to get worried. Get all the evidence you can to support your claim with the Labour Board. Try to secure work with another organisation as this is not going to be easy, but it is well worth the battle.

Get all your payslips together, your copies of annual tax returns, copy of your employment contract and check that pension has been contributed, you have your Health Insurance card and you are still eligible for this. Once you have everything ready, approach your employer and request (in writing/email) that you receive your severance at the end of this contract (3 years worth). Keep a copy of your letter yourself. Request a reply in writing/email. If your organisation is professional enough, he will comply with this request. If your boss requests a meeting, record the meeting with a dictophone or something like this just to make sure you are covering your end of things.

Best of luck but to be honest, you are on your own here but if you use your common sense and are sensitive to your organisation, there is no reason you can get your severance/bonus.
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Dodge7



Joined: 21 Oct 2011

PostPosted: Tue Jun 19, 2012 5:05 pm    Post subject: Reply with quote

Thanks WB. I am with a not small but not huge school, either. I will keep all records, trust me.
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goreality



Joined: 09 Jul 2009

PostPosted: Tue Jun 19, 2012 5:16 pm    Post subject: Reply with quote

The purpose of severance is implicit in the name. Think of renewing a contract as extending it, it's not finished.
As of now all the are required to do is nothing.
If you are worried about future incomes of the company you work for, don't renew, then they have to give it to you when you are done working.
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Juregen



Joined: 30 May 2006

PostPosted: Tue Jun 19, 2012 8:04 pm    Post subject: Reply with quote

ewlandon wrote:
if its severance it should be in the contract. If its a yearly contract and it says you will be paid at the end of the year they have to pay you. If they convince you to put it off till the end of 5 years they are banking on never paying you.


It is obvious you don't understand the system in Korea.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Jun 19, 2012 8:37 pm    Post subject: Reply with quote

goreality wrote:
The purpose of severance is implicit in the name. Think of renewing a contract as extending it, it's not finished.
As of now all the are required to do is nothing.
If you are worried about future incomes of the company you work for, don't renew, then they have to give it to you when you are done working.


Let us be also clear that "severance" is NOT severance under the English definition of the word but the required "pension" benefit as prescribed in the labor standards act(S).

You CAN request it before termination of employment and payout IS allowed (required under some circumstances) but it also resets the clock back to 0 (a full year is required after that point to be eligible again.

Also let us NOT confuse this with the NPS which is different again.

.
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Dodge7



Joined: 21 Oct 2011

PostPosted: Wed Jun 20, 2012 2:06 am    Post subject: Reply with quote

Do you guys know how the severance system works? Do they put money aside for you each and every month to pay for it when you quit, as opposed to trying to scrounge it up at the last minute.
This being Korea I can just imagine the latter being the case.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Jun 20, 2012 2:16 am    Post subject: Reply with quote

Dodge7 wrote:
Do you guys know how the severance system works? Do they put money aside for you each and every month to pay for it when you quit, as opposed to trying to scrounge it up at the last minute.
This being Korea I can just imagine the latter being the case.


It is supposed to be the former but most often it is the latter.

.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Wed Jun 20, 2012 2:37 am    Post subject: Reply with quote

I don't know why people stay so long at the same school, but if you did why would you "cause trouble" by trying to request severance after 5 years?

I have changed jobs often. The shortest was 3 weeks, the longest 13 months. If you are owed about 3,000 USD at any given point in time, I would collect on it even if it meant it reset the clock. If I am staying 5 years, then collecting on 3 years, resetting to 0 where I had to finish the 4th year wouldn't matter.

At least whatever you do, don't plan on your final year at this school to be your last. Stay in Korea to try to collect on the severance owed to you.
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mike in brasil



Joined: 09 Jun 2003

PostPosted: Wed Jun 20, 2012 7:16 am    Post subject: Reply with quote

Severance is always paid after the 12 month contract is up.

Pension accumulates and you collect it when you leave the country.

I've always been paid severance for all the years I've worked in Korea, and all of my friends and acq's have also been paid every year.

Where is your backbone, boy?
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Dodge7



Joined: 21 Oct 2011

PostPosted: Wed Jun 20, 2012 7:33 am    Post subject: Reply with quote

mike in brasil wrote:
Severance is always paid after the 12 month contract is up.

Pension accumulates and you collect it when you leave the country.

I've always been paid severance for all the years I've worked in Korea, and all of my friends and acq's have also been paid every year.

Where is your backbone, boy
?

I thought if the contract is renewed, the severance doesn't have to be paid at that time and just rolls over.
I'm just getting worried that when i decide to quit, five years of severance payments will go missing.
Will the labor board really help me to get EVERYTHING due to me? This will be over 13k. It seems even after schools can manage to "lose" that kind of money.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Wed Jun 20, 2012 7:40 am    Post subject: Reply with quote

Quote:
Severance is always paid after the 12 month contract is up.


As a guideline, yes, I would do this. However, you don't have to. If you get severance, then you have to finish the next year to collect anything, whereas if you carry it over like pension you get a prorated amount depending on how long into the next year you worked.

If you work 2 years, ok, gamble it. If you are with a good school, then try 3, but don't expect all. Wait 4 years and you are asking for trouble. Collect or move on to a new school after your 3rd year.
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