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sydneywill
Joined: 07 Aug 2013
Location: Pohang
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 Posted: Sun Aug 11, 2013 5:41 am Post subject: Issues with severance at the completion of a contract |
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HI,
I have just come to the end of my current contract and my employers are trying to tell me that i am not entitled to severance pay.
My situation is a little delicate so that I do not want to go into detail right here, but if anybody is able to offer some advice it would be much appreciated.
thank you
Will |
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IPayInCash
Joined: 27 Jul 2013
Location: Away from all my board stalkers :)
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| Posted: Sun Aug 11, 2013 6:15 am Post subject: |
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We don't know whether you're entitled to it unless you give us the details.
For example if you signed a contract that doesn't state you receive severance, well, that could work against you.
As of now all you've told us is simply they're not giving it to you. |
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War Eagle
Joined: 15 Feb 2009
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| Posted: Sun Aug 11, 2013 6:30 am Post subject: |
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| IPayInCash wrote: |
We don't know whether you're entitled to it unless you give us the details.
For example if you signed a contract that doesn't state you receive severance, well, that could work against you.
As of now all you've told us is simply they're not giving it to you. |
I believe it doesn't matter what he signed. The law trumps a contract and the law states you get one month of severance for every 12 months worked. I don't think there is any way employers can get around this. Even at like 10.5 months there are laws in place to protect you from being denied severance.
But yes, more details are needed to accurately answer your question. |
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sydneywill
Joined: 07 Aug 2013
Location: Pohang
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| Posted: Sun Aug 11, 2013 6:44 am Post subject: |
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Thank you for replying and I know the first post is vague with details.
I am happy to go into detail about this, but would prefer to do it through private messages so that my current employers do not recognise the situation.
It is a little more complex than just having my contract say I am entitled to severance. (but I did sign a contract that includes severance pay (as per law) and it is being refused to me.
There are just issues on top of this that make me apprehensive about persuing it and I would very incredibly grateful for anybody will to discuss this in private to advise on the best course of action. |
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fromafar
Joined: 15 Oct 2008
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Sun Aug 11, 2013 8:30 am Post subject: |
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Don't do anything now. When they say you won't get it, nod your head and move on. Wait until you complete 12 months, and then start collecting.
1) Get your airfare money
2) Make sure your pension money has been given to the pension office
3) Get your last pay
4) After you have 1-3, go in and ask for severance
If they refuse, show them copies of your bank statements which you will take to the labor board to prove you worked and were compensated for 12 months. Show plane ticket information. Show Pension amounts from the pension office.
If you put up a fight now, they might just make up some excuse and fire you. Then, you won't be entitled to 1, 3, or 4. |
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ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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| Posted: Sun Aug 11, 2013 9:18 am Post subject: |
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| sydneywill wrote: |
Thank you for replying and I know the first post is vague with details.
I am happy to go into detail about this, but would prefer to do it through private messages so that my current employers do not recognise the situation.
It is a little more complex than just having my contract say I am entitled to severance. (but I did sign a contract that includes severance pay (as per law) and it is being refused to me.
There are just issues on top of this that make me apprehensive about persuing it and I would very incredibly grateful for anybody will to discuss this in private to advise on the best course of action. |
Legally you have to work a full year to be entitled to severance. If you are even one day short of a full year you are not legally entitled to severance. Most hogwans don't play the "day short" game although the government schools generally do stick to the rule. There are possible exceptions in the case of illegal firings, but your post gives no hint as to your situation and it sounds like you are completing your contract. There are other rules as well regarding full time vs. part time or leaves of absence without pay vs. breaks in employement etc. that can result in a worker not being legally entitled to severance. |
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sydneywill
Joined: 07 Aug 2013
Location: Pohang
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| Posted: Sun Aug 11, 2013 6:15 pm Post subject: |
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The things I am comfortable saying within the public part of the forum:
a) I have fulfilled a full years contract.
b) However the school has done a number of illegal/shady things in relation to both my and other teachers contracts and such that make me worry that I could be unwittingly breaching an immigration rule and as such could be best off just getting out of dodge and dropping the matter completely.
c) Am I liable to be getting myself into more trouble than the hagwon by bringing this up with authorities?
(I really do apologise for being vague here but I do not want to implicate myself in public if there is indeed something to implicate me).
If anybody sends a PM and is willing to help i am happy to explain the situation more. |
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maximmm
Joined: 01 Feb 2008
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| Posted: Sun Aug 11, 2013 6:20 pm Post subject: |
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| ontheway wrote: |
| Most hogwans don't play the "day short" game although the government schools generally do stick to the rule. |
I have yet to hear of even one such stunt coming from a government school. Can you name one? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Aug 11, 2013 6:59 pm Post subject: |
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| sydneywill wrote: |
The things I am comfortable saying within the public part of the forum:
a) I have fulfilled a full years contract.
b) However the school has done a number of illegal/shady things in relation to both my and other teachers contracts and such that make me worry that I could be unwittingly breaching an immigration rule and as such could be best off just getting out of dodge and dropping the matter completely.
c) Am I liable to be getting myself into more trouble than the hagwon by bringing this up with authorities?
(I really do apologise for being vague here but I do not want to implicate myself in public if there is indeed something to implicate me).
If anybody sends a PM and is willing to help i am happy to explain the situation more. |
b) Tell them to pee up a rope. It is almost always BS from a controlling hagwon boss.
Get up to speed on the labor standards act and retirement act (they cover your severance).
c) NO, you won't get into any legal trouble unless you were working illegally (working on a tourist visa as an example). contact the labor office nearest to you. You will probably need a Korean speaker to help you.
http://www.moel.go.kr/ (click the English link at the top of the page).
. |
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schwa
Joined: 18 Jan 2003
Location: Yap
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| Posted: Sun Aug 11, 2013 7:07 pm Post subject: |
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| Unclear from the OP whether or not you are going to continue working for the same employer. If you are, the school is legally required not to pay you severance until you finish with them for good. |
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beentheredonethat777
Joined: 27 Jul 2013
Location: AsiaHaven
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| Posted: Mon Aug 12, 2013 5:09 am Post subject: |
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| Quote: |
b) However the school has done a number of illegal/shady things in relation to both my and other teachers contracts and such that make me worry that I could be unwittingly breaching an immigration rule and as such could be best off just getting out of dodge and dropping the matter completely.
c) Am I liable to be getting myself into more trouble than the hagwon by bringing this up with authorities? |
b)let me take a quick guess at your situation.
1. You were registered at one location and working at another? If so, yes, this is illegal.
2. Your school did the "switch-a-roo" contract to immigration. The one they have on file is not the one you have in your possession? Thus, unbinding.
3. You agreed to some things verbally (because you were not familiar with how the game is played) and now fate has dealt its hand.
4. You knowingly went along with some shady dealings for an entire year, not thinking of any repercussions.
c) If you are usually a reasonably level-headed person, and not overly pessimistic, but you have already figured out that whatever shady dealings were done on your behalf to gain employment, keep working, etc... could ultimately get you in a world of trouble, then yes, I would leave very, very quietly.
I would love to know more about your situation because I really enjoy helping people take care of contract related issues.
Do you feel comfortable saying more yet? Aha. Were you working on a tourist visa for part of the year? If so, no severance dear. Sorry!
Last edited by beentheredonethat777 on Mon Aug 12, 2013 7:27 am; edited 3 times in total |
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Mon Aug 12, 2013 6:15 am Post subject: |
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beentheredonethat777,
You sound a little too smart and experienced to be a newbie (by looking at your join date).
Come on fess up, who are you?  |
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beentheredonethat777
Joined: 27 Jul 2013
Location: AsiaHaven
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| Posted: Mon Aug 12, 2013 7:25 am Post subject: |
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| YTMND wrote: |
beentheredonethat777,
You sound a little too smart and experienced to be a newbie (by looking at your join date).
Come on fess up, who are you? |
| Quote: |
If I tell you, I might have to... you!(LOL)
^^.Please note my screen name.  Hence, years and years of experience; with and without a lubricant. I'm just trying to "pay it forward."
Back in the day, I would pitch a tent and wait for some knowledgeable soul to respond to queries, actually posted by someone else, but corresponded to the exact questions that were marinating in my thoughts as well.
The answers always came eventually.
I vowed, as soon my schedule permitted,( and my travels slowed), I would dedicate at least an hour per day assisting others. (In another life, before the ESL bug bit me, I was a counselor)
Plus, I got kind of tired of "new"people giving" incorrect "information to "serious" questions.
In Korea, I've taught ages (3-85) Go ahead, ask me anything, I've probably
beentheredonethat7X7X7 |
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12ax7
Joined: 07 Nov 2009
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| Posted: Tue Aug 13, 2013 5:09 am Post subject: |
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| beentheredonethat777 wrote: |
| Quote: |
b) However the school has done a number of illegal/shady things in relation to both my and other teachers contracts and such that make me worry that I could be unwittingly breaching an immigration rule and as such could be best off just getting out of dodge and dropping the matter completely.
c) Am I liable to be getting myself into more trouble than the hagwon by bringing this up with authorities? |
b)let me take a quick guess at your situation.
1. You were registered at one location and working at another? If so, yes, this is illegal.
2. Your school did the "switch-a-roo" contract to immigration. The one they have on file is not the one you have in your possession? Thus, unbinding.
3. You agreed to some things verbally (because you were not familiar with how the game is played) and now fate has dealt its hand.
4. You knowingly went along with some shady dealings for an entire year, not thinking of any repercussions.
c) If you are usually a reasonably level-headed person, and not overly pessimistic, but you have already figured out that whatever shady dealings were done on your behalf to gain employment, keep working, etc... could ultimately get you in a world of trouble, then yes, I would leave very, very quietly.
I would love to know more about your situation because I really enjoy helping people take care of contract related issues.
Do you feel comfortable saying more yet? Aha. Were you working on a tourist visa for part of the year? If so, no severance dear. Sorry! |
Yup. I share your pessimism, not just because I've seen it all in my years here, but also because of what was written from the original post on. "Unwittingly"?  What a lousy attempt at distancing himself/herself from his/her boss's illegal activities. |
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