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midnightpariah
Joined: 15 Mar 2010
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Posted: Mon Jun 30, 2014 9:45 pm Post subject: When is your final payment due? |
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My boss told me that I wouldn't get my final pay/severance until 10 business days after my last day. The problem is that I won't be in the country. Is this okay? How am I supposed to get my money? What if there is an issue? I've heard that you are supposed to get your final pay on your last day of work. Is there any labor law that I can cite? |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Mon Jun 30, 2014 11:16 pm Post subject: Re: When is your final payment due? |
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midnightpariah wrote: |
My boss told me that I wouldn't get my final pay/severance until 10 business days after my last day. The problem is that I won't be in the country. Is this okay? How am I supposed to get my money? What if there is an issue? I've heard that you are supposed to get your final pay on your last day of work. Is there any labor law that I can cite? |
Unless your boss has a good track record with previous employees who also faced this issue I would surmise that your boss is preparing to screw you but the law is on his side.
www.moel.go.kr/english/download_eng.jsp?type=&file=(31)LABORSTANDARDSACT_2012.pdf
Article 36 (Payment of Money and Valuables)
If a worker dies or retires, an employer shall pay the
wages, compensations, and other money or valuables within 14
days after the cause for such payment has occurred; however,
the period, under special circumstances, may be extended by
the mutual agreement between the parties concerned.
"retires" means termination of employment - not old age.
NEVER leave without all of your cash in hand. You have NO means to collect it after the fact.
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midnightpariah
Joined: 15 Mar 2010
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Posted: Mon Jun 30, 2014 11:33 pm Post subject: |
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Thanks for the response. Let me elaborate on my situation further. I've been working at my company for about 20 months. My contract is supposed to end in February 2015, but due to a lot of shady dealings, I've decided to leave early. I got another job that starts mid August (not in Korea). I wanted to leave at the end of July, but my boss said, "You have to give 60 days notice according to your contract." Since it lined up perfectly with my new job, I didn't mind sticking around. I asked him if I would get paid on my final day. He originally said yes, but now the situation has changed.
I'm thinking of telling him that I am leaving July 25th and then plan on sticking around until I get my payment since he doesn't seem to want to pay me on my final day. I'm worried that he'll give me a hard time. Also, is there something that I have to do with immigration to stay past my final day of work?
Thank you! |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Tue Jul 01, 2014 12:01 am Post subject: |
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midnightpariah wrote: |
Thanks for the response. Let me elaborate on my situation further. I've been working at my company for about 20 months. My contract is supposed to end in February 2015, but due to a lot of shady dealings, I've decided to leave early. I got another job that starts mid August (not in Korea). I wanted to leave at the end of July, but my boss said, "You have to give 60 days notice according to your contract." Since it lined up perfectly with my new job, I didn't mind sticking around. I asked him if I would get paid on my final day. He originally said yes, but now the situation has changed.
I'm thinking of telling him that I am leaving July 25th and then plan on sticking around until I get my payment since he doesn't seem to want to pay me on my final day. I'm worried that he'll give me a hard time. Also, is there something that I have to do with immigration to stay past my final day of work?
Thank you! |
Leave the day after payday and don't look back or worry about not giving notice (it is NOT legally required and 60 days is excessive).
IF you tell him you are leaving you won't likely get paid.
IF you are leaving before the expiry of your ARC you can notify immigration that you quit and they will give you 30 days after the end of employment.
IF your ARC is expiring before your departure then you can report to immigration and get a FREE, 30-day extension of your stay (as a tourist).
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midnightpariah
Joined: 15 Mar 2010
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Posted: Tue Jul 01, 2014 12:06 am Post subject: |
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I don't want to leave without my severance. It is around 4 million won that I would lose. |
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le-paul

Joined: 07 Apr 2009 Location: dans la chambre
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Posted: Tue Jul 01, 2014 3:30 am Post subject: |
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like tomp said, he has the law on his side. Hes probably ignorant of that fact though.
if youre leaving, do you know someone you could send round and harass him everyday until he pays up? - preferably someone big. I find intimidation works quite well in korea, unfortunately... |
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beentheredonethat777
Joined: 27 Jul 2013 Location: AsiaHaven
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Posted: Tue Jul 01, 2014 4:17 am Post subject: Re: When is your final payment due? |
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midnightpariah wrote: |
My boss told me that I wouldn't get my final pay/severance until 10 business days after my last day. The problem is that I won't be in the country. Is this okay? How am I supposed to get my money? What if there is an issue? I've heard that you are supposed to get your final pay on your last day of work. Is there any labor law that I can cite? |
Sorry to disappoint you but your boss has up to 10 business days after your last day to pay you.(Korean Labor Law) Since you are quitting mid-stream, there is a HIGH possibility that NO severance will be forth coming.
GO and open a visa checking account at KEB and ask him to deposit it there. You can withdraw it from just about anywhere in the world. I've had to do this before. I was so scared that I wasn't going to get paid...but he came through.
Yes! That is a good idea. Tell him you are leaving on the 25th!!!! Yes.Yes. |
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Troglodyte

Joined: 06 Dec 2009
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Posted: Tue Jul 01, 2014 4:23 am Post subject: |
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You might be best off finishing your job at the end of July and then just taking a 1 month holiday before heading home. That will give you plenty of time to see if your boss is planning on screwing with you, and it will give you time to take care of the problem before you have to head out. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Tue Jul 01, 2014 1:35 pm Post subject: |
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midnightpariah wrote: |
My boss told me that I wouldn't get my final pay/severance until 10 business days after my last day. The problem is that I won't be in the country. Is this okay? How am I supposed to get my money? What if there is an issue? I've heard that you are supposed to get your final pay on your last day of work. Is there any labor law that I can cite?
...
Thanks for the response. Let me elaborate on my situation further. I've been working at my company for about 20 months. My contract is supposed to end in February 2015, but due to a lot of shady dealings, I've decided to leave early. I got another job that starts mid August (not in Korea). I wanted to leave at the end of July, but my boss said, "You have to give 60 days notice according to your contract." Since it lined up perfectly with my new job, I didn't mind sticking around. I asked him if I would get paid on my final day. He originally said yes, but now the situation has changed.
I'm thinking of telling him that I am leaving July 25th and then plan on sticking around until I get my payment since he doesn't seem to want to pay me on my final day. I'm worried that he'll give me a hard time. Also, is there something that I have to do with immigration to stay past my final day of work?
Thank you!
...
I don't want to leave without my severance. It is around 4 million won that I would lose. |
Your boss has a lot that he can hold over your head, so it's best for you not to pull a runner nor to cause him damage or difficulties. You want things to go as smooth as possible so he will pay you.
However, you alluded to "a lot of shady dealings" without elaboration. If this includes paying late or not paying either you or other teachers, then you may have trouble collecting in any case.
60 days is perfectly reasonable as a requirement for notice, and it IS possible to sue someone for any actual damages caused by failure to give the contracted notice. You can, of course, quit at any time, you are not a slave. And under contract law, which has been restated by the labor office, you can legally break any contract (with the exception of some government contracts) and only face civil liability; it is not a criminal offense and court ordered "specific performance" is extremely rare. However, it is possible to sue or be sued for actual damages for breach of contract for failure to give proper notice.
In your case you have given at least 30 days notice, and your employer has an obligation to mitigate any damages. If he can replace you before you leave, then there are no damages from the short notice. There is little chance of being sued in any case unless the damages are quite large, which is theoretically but very remotely possible for an E2 teacher.
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Since we don't know your pay period, or pay date, I'll have to give an example. Assuming that you are paid on the 10th of the month for the prior month, your upcoming July 10 paydate will be informative. If you have been paid everything in full through the end of June at that time, and if the "shady dealings" do not have to do with pay issues, then you have a reasonable expectation of being paid your final amounts. (If you are already owed any significant sum that is significantly late, then you should be visiting the labor office soon.)
What you should do is talk to you boss. Explain that you want to leave at the end of July, you mentioned July 25th so go with that, but that you need all of your final payments before you go.
According to your story, he will insist that you stay till the middle of August. Tell him you need your final payment money before then. (Bills to clear up, airplane ticket to buy, whatever good reason fits) If he will pay you everything you have coming in terms of severance, airfare etc by July 25th (but still holding your July pay for the assumed Aug 10 paydate) then you will keep working to the middle of August date you have in mind. Also ask that you will be paid your July wages on August 10 and your final wages on your last day, when you leave your school provided apartment.
Do this in a very friendly conversation. Try to be helpful to your boss in seeing that he is able to replace you without difficulty. Try to steer your boss into seeing things your way by helping him solve his problems. Have a written agreement that states the terms you will be selling to your boss ready for him to sign, but do not lead with that. Only after you make some verbal agreement should you bring up a written agreement that matches what you've agreed to. Have the agreement lead with what you are promising and then state what he is promising.
Of course all of this makes it obvious that you don't trust your boss. If he always pays everyone, and you have no reason except fear to insist on payment earlier than the legally required payment date, he may justifiably take offense and dig in his heels. You will be making your life even more difficult. We don't have enough information on your situation, any past history, or your boss's personality to judge how to handle this. We can only speculate. You said you've been there 20 months. Apparently you renewed your contract for a second year at some point, so the first year must not have been too bad. (The dates till completion in Feb 2015 seem to add up to 28 months total and not 2 years, again we have to guess.) Hopefully you can figure out the best way to handle your boss. |
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midnightpariah
Joined: 15 Mar 2010
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Posted: Tue Jul 01, 2014 3:42 pm Post subject: |
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Thanks for the advice everyone. The only reason I'm concerned is because originally when I asked he said he'd pay me on my last day of work. Now, suddenly, he says I have to wait 10 days past my last day. I am leaving Korea on the 15th of August and told my boss that my last "official" day would be August 11th and that I'd like to receive payment on that day. He said he wanted me to stay until the 14th to help train my replacement. I said that I'd be willing to go in and help out until the 14th in exchange for letting me stay in my apartment until then. He agreed. I sent him an email to clarify everything yesterday, but now suddenly he is saying that I won't get paid until 10 business days after my final day of work. We have always been paid on time, but our Korean staff hasn't. We were recently bought out by another company, but the new company kept all of the current employees. |
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Weigookin74
Joined: 26 Oct 2009
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Posted: Tue Jul 01, 2014 4:24 pm Post subject: |
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Find a place to stay and book the ticket well after that. This way you can harass his @ss if he doesn't pay up. Tell him if he pays you on the tenth day, you don't want your ticket out of here until the 20th day after. Stay somewhere cheap and be ready to go to the labour board on the 11th day if the money isn't in your account. Plus he also owes youmoney for forcing you to find accomodation after this fact to stay and fight it. |
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Weigookin74
Joined: 26 Oct 2009
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Posted: Tue Jul 01, 2014 4:27 pm Post subject: |
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But, if you decide to leave, find out all his numbers, his home number, academy number, cell number, any associate nuber, korean english teachers numbers. Call via skype day and night and harass the heck out of him and maybe the local police station too from your home country. AT least you can relentlessly cause him stress. Know the name of his business and the local education office that regulates him's phone number. Call non stop and harass if you are back home and no pay. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Tue Jul 01, 2014 4:42 pm Post subject: |
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beentheredonethat777 wrote: |
Sorry to disappoint you but your boss has up to 10 business days after your last day to pay you.(Korean Labor Law) |
No, no, no .... LABOR LAW (article 36) says 14 days after NOT 10 days.
Labor Standards Act wrote: |
Article 36 (Payment of Money and Valuables)
(on termination of employment) ... an employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment has occurred... |
Laying in and dunning him (perhaps causing damage to his business by calling parties other than government agencies (like parents, other employees, etc) ) CAN result in a substantial lawsuit against the OP as well as disallowing his departure until the issue against him would be settled.
Lay in.
Wait.
Call and annoy the government agencies if it makes you feel better.
Do NOTHING to damage his business reputation in the public eye (other than contacting government agencies or legal services).
This is NOT the States. Truth is NOT a defense.
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beentheredonethat777
Joined: 27 Jul 2013 Location: AsiaHaven
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Posted: Thu Jul 03, 2014 3:26 am Post subject: |
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Quote: |
[quote="ttompatz"]
beentheredonethat777 wrote: |
Sorry to disappoint you but your boss has up to 10 business days after your last day to pay you.(Korean Labor Law) |
No, no, no .... LABOR LAW (article 36) says 14 days after NOT 10 days.
Labor Standards Act wrote: |
Article 36 (Payment of Money and Valuables)
(on termination of employment) ... an employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment has occurred... |
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Sorry.ttompatz: I meant 14 days.(Article 36)Thanks.
I was thinking of my old public school contracts which state final payments will/ may be made up to 10 days after contract completion. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Thu Jul 03, 2014 5:11 am Post subject: |
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[quote="beentheredonethat777"]
Quote: |
ttompatz wrote: |
beentheredonethat777 wrote: |
Sorry to disappoint you but your boss has up to 10 business days after your last day to pay you.(Korean Labor Law) |
No, no, no .... LABOR LAW (article 36) says 14 days after NOT 10 days.
Labor Standards Act wrote: |
Article 36 (Payment of Money and Valuables)
(on termination of employment) ... an employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment has occurred... |
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Sorry.ttompatz: I meant 14 days.(Article 36)Thanks.
I was thinking of my old public school contracts which state final payments will/ may be made up to 10 days after contract completion. |
Most of the time, 10 business days = 14 days. |
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