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Korean Job Discussion Forums
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CanadaCommando
Joined: 13 Feb 2004
Location: People's Republic of C.C.
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 Posted: Thu Nov 25, 2004 9:19 pm Post subject: Severance BS |
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Hey, a friend is having some issues with a Hogwan, and I was curious to know if anyone has the official lowdown on this severance issue:
She is finishing her contract, and has asked about severance. The company, which is a subsidary of a very large chain has told her that she will get it, but it is "company policy" to wait 2 months before paying.
She, obviously, wants it immediately.
There is no "2 month clause" in her contract. I told her, as far as I know if it says severance gets paid at completion of contract, thats what it means. Severance gets paid at the end of the contract...not 2 months later.
Anyone know the law well enough to back up or dispute this?
Thanks
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McNasty
Joined: 04 Jul 2003
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| Posted: Thu Nov 25, 2004 10:03 pm Post subject: |
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Canada Commando wrote:
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| The company, which is a subsidary of a very large chain has told her that she will get it, but it is "company policy" to wait 2 months before paying. |
Sounds like they are trying to pull a fast one on your friend. That bonus must be paid prior to her departure from the country or it will be difficult if not impossible to retrieve it. If they(the company) is claiming this, they may have done this before and screwed someone else in the past or picked it up from hogwanripofftips.com. 
Contact the labour board ASAP and get on the school's case pronto. Also, ask for advise from the ESL gurus at ELF-LAW just in case things get dicey. |
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kangnamdragon
Joined: 17 Jan 2003
Location: Kangnam, Seoul, Korea
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| Posted: Thu Nov 25, 2004 10:59 pm Post subject: |
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| From what I hear, Korean law is within 10 days. Korean law overrides any contract. Correct me if I'm wrong Gord. |
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the eye
Joined: 29 Jan 2004
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| Posted: Fri Nov 26, 2004 12:02 am Post subject: |
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yes, employment law overrides comtract law...but the problem is that the employment law is rather vague in this area.
the law states that severance is owed at the completion of the contract.
the labour board will usually make you wait 14days before taking up the issue with the school, according to EFL-LAW.
the MOLAB site says...
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If a worker has worked for more than one year in a workplace with 5 workers or more, the worker shall be given severance pay in the amount of at least 30-day average wages for each year of service. Severance pay, in principle, should be paid after retirement. However, should a worker request, he or she may receive, in advance, severance pay corresponding to their years of service to date. An employer may take out retirement insurance to ensure that his/her workers can draw pensions form the insurance after their retirement.
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