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gongbuhae
Joined: 14 May 2016
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 Posted: Mon Jul 18, 2016 3:33 pm Post subject: After-school job. Quitting early. Is severance pro rated? |
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| I am going to have to quit my after school job a month short of my contract. my contract is up in march but i will have to quit and go home for a while in Feb. Is severance forfeited, or is it prorated? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Jul 18, 2016 3:39 pm Post subject: |
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Labor law says that if you have worked for the same employer for 12 months or more then you are entitled to "severance" and it should be prorated.
If you work 364 days or less you are NOT entitled to anything.
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gongbuhae
Joined: 14 May 2016
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| Posted: Mon Jul 18, 2016 4:03 pm Post subject: |
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| ttompatz wrote: |
Labor law says that if you have worked for the same employer for 12 months or more then you are entitled to "severance" and it should be prorated.
If you work 364 days or less you are NOT entitled to anything.
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thanks ttompatz...ive been with the same company for 3 years. it will be 3 years and 11 months when I quit (ive already received last two years severance), so I should be entitled to 11 month prorated severance upon leaving early next year one month early, correct? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Mon Jul 18, 2016 7:12 pm Post subject: |
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| gongbuhae wrote: |
| ttompatz wrote: |
Labor law says that if you have worked for the same employer for 12 months or more then you are entitled to "severance" and it should be prorated.
If you work 364 days or less you are NOT entitled to anything.
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thanks ttompatz...ive been with the same company for 3 years. it will be 3 years and 11 months when I quit (ive already received last two years severance), so I should be entitled to 11 month prorated severance upon leaving early next year one month early, correct? |
If you collected then the 1 year clock starts again from "0".
23 months since your last payout and you are good for 23 months.
11 months since your last payout then you get nothing.
also... it really doesn't matter who pays you (unless you are on an F visa). It matters who holds your ARC.
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gongbuhae
Joined: 14 May 2016
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| Posted: Mon Jul 18, 2016 7:39 pm Post subject: |
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| ah, then i would get nothing. at least I know. thanks. Maybe I should force myself to stay a little longer to get the severance |
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Aine1979
Joined: 20 Jan 2013
Location: Incheon
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| Posted: Mon Jul 18, 2016 8:36 pm Post subject: |
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One of my friends had a successful case with the labor board with very similar circumstances - they ruled that it was not legal for the severance to have been paid out prior to the end of the employment period, and therefore they were entitled to pro-rated severance for the 9 months of their final year.
In addition, they were paid the difference between what they had received in severance, and what they would have received had it been paid out at the end of the contract, as by then they were on a significantly higher salary. As severance should have been calculated on the final 3 month's salary, they got a few hundred thousand for that as well as the pro-rated severance. |
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gongbuhae
Joined: 14 May 2016
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| Posted: Tue Jul 19, 2016 5:29 am Post subject: |
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| Aine1979 wrote: |
One of my friends had a successful case with the labor board with very similar circumstances - they ruled that it was not legal for the severance to have been paid out prior to the end of the employment period, and therefore they were entitled to pro-rated severance for the 9 months of their final year.
In addition, they were paid the difference between what they had received in severance, and what they would have received had it been paid out at the end of the contract, as by then they were on a significantly higher salary. As severance should have been calculated on the final 3 month's salary, they got a few hundred thousand for that as well as the pro-rated severance. |
these things are probably ruled on a case by case basis. who really knows in this country how it will go. But thanks for your post! |
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