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corroonb
Joined: 04 Aug 2006
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 Posted: Thu Sep 14, 2006 10:38 am Post subject: End of Contract Bonus |
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| Is a school legally required to pay an end of contract bonus ( actually severance pay) or is this at their discretion? I'm thinking of accepting a job offer but they say they do not pay an end of contract bonus. This is quite a bit of money so I'm going to put them off for while and see if I can get a better deal elsewhere (the bonus and higher salary). Any advice is much appreciated. |
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Grotto
Joined: 21 Mar 2004
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| Posted: Thu Sep 14, 2006 12:46 pm Post subject: |
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Yes the bonus is the law!
Some places say they dont pay it but in reality they have to....your choices are:
Tell them they have to pay the bonus its the law(say goodbye to the job)
Work for the year and take them to the labour board after you have finished the contract to get your bonus
Work and dont get the bonus...in short be a sap! |
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corroonb
Joined: 04 Aug 2006
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| Posted: Thu Sep 14, 2006 1:11 pm Post subject: |
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Thanks Grotto, I thought it was the law. These are the same people who told I didn't pay Korean income tax. At least saying no to all these dodgy jobs is doing wonders for my assertiveness  . Usually I'm just too polite. Anyway, thanks again. |
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buymybook
Joined: 21 Feb 2005
Location: Telluride
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| Posted: Fri Sep 15, 2006 7:28 pm Post subject: |
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It's not a "bonus!"
You should never refer to it as a "bonus," especially with your employer. Of course 9 times out of 10 they will say you don't get or deserve a bonus which you probably don't.
There is a thing called severance and yes, it is the law. |
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ChopChaeJoe
Joined: 05 Mar 2006
Location: Seoul
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| Posted: Sat Sep 16, 2006 12:01 am Post subject: |
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| buymybook wrote: |
It's not a "bonus!"
There is a thing called severance and yes, it is the law. |
Does that imply that you will not recieve it if you continue with the same school a second year? Because if it does, I have to immediately re-consider my future. |
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Junior
Joined: 18 Nov 2005
Location: the eye
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| Posted: Sat Sep 16, 2006 12:10 am Post subject: |
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| ChopChaeJoe wrote: |
Does that imply that you will not recieve it if you continue with the same school a second year? Because if it does, I have to immediately re-consider my future. |
Don't know what the law is..but my school claimed that severance was only paid when you leave the school, not every year. I had to really hunt them down until they paid me. One months salary bonus for every year you do here is what I work on. Be sure to make this clear if you re-sign. If they don't agree, get a new job every year to get that severance. |
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ChopChaeJoe
Joined: 05 Mar 2006
Location: Seoul
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| Posted: Sat Sep 16, 2006 12:51 am Post subject: |
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| I haven't signed the second year contract yet, so I'll be sure to make this explicit before I do, thanks. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sat Sep 16, 2006 12:57 am Post subject: |
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| ChopChaeJoe wrote: |
| buymybook wrote: |
It's not a "bonus!"
There is a thing called severance and yes, it is the law. |
Does that imply that you will not recieve it if you continue with the same school a second year? Because if it does, I have to immediately re-consider my future. |
It means that by law they do not have to pay it until you are finished working for them. If you sign for another year, then they pay you 2 months severance on completion.
From the labor standards act:
Article 34 (Severance Pay System)
(1) An employer shall establish a severance pay system whereby
an average wage of more than 30 days shall be paid for each
year of consecutive years employed as a severance pay to a
retired worker; however, if the worker was employed for less
than one year, this shall not apply. |
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jazblanc77
Joined: 22 Feb 2004
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| Posted: Sat Sep 16, 2006 1:46 am Post subject: |
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I looked into this just last week and it is NOT the law in all cases.
If there are fewer than 5 fulltime employees at the school and it has not been explicitely stated in the contract that severance would be awarded at the completion of a one year contract, there isn't a law in the land, or a court for that matter, that will side with you when they don't give it to you. The same goes for the labor board which can only back you up if there is a law to support your claim. |
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Grotto
Joined: 21 Mar 2004
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| Posted: Sun Sep 17, 2006 12:25 pm Post subject: |
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| Quote: |
Article 34 (Severance Pay System)
(1) An employer shall establish a severance pay system whereby an average wage of more than 30 days shall be paid for each year of consecutive years employed as a severance pay to a retired worker; however, if the worker was employed for less than one year, this shall not apply.
(2) In establishing the severance pay system stipulated in paragraph (1), a differential severance pay system shall not be permitted within one business.
(3) An employer may, at the request of workers, pay severance pay in advance for the period of continuous employment of the worker concerned by adjusting the balances of remunerations before his retirement, irrespective of the provisions of paragraph (1). In this case, the number of years of continuous employment for the computation of severance pay shall be counted anew from the moment the latest adjustment of balances has been made.
(4) In cases where an employer has enrolled in pension insurance program for retirees or a retirement lump sum payment trust as prescribed by the Presidential Decree (hereinafter referred to as “pension insurance, etc.”) for workers, whereby workers, as the insured or a beneficiary, receive lump sum payment at the time of retirement, or draw their pensions, it shall be deemed that the employer has set up a severance pay scheme in accordance with paragraph (1). The amount of lump sum by the retirement insurance, etc., however, shall not be smaller than that of severance pay pursuant to paragraph (1). <Amended by Act No. 5473, Dec. 24, 1997> |
not trying to stir things up Jaz, but where does it say that it does not apply to companies with less than 5 employees? |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sun Sep 17, 2006 2:21 pm Post subject: |
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| Grotto wrote: |
| Quote: |
Article 34 (Severance Pay System)
(1) An employer shall establish a severance pay system whereby an average wage of more than 30 days shall be paid for each year of consecutive years employed as a severance pay to a retired worker; however, if the worker was employed for less than one year, this shall not apply.
(2) In establishing the severance pay system stipulated in paragraph (1), a differential severance pay system shall not be permitted within one business.
(3) An employer may, at the request of workers, pay severance pay in advance for the period of continuous employment of the worker concerned by adjusting the balances of remunerations before his retirement, irrespective of the provisions of paragraph (1). In this case, the number of years of continuous employment for the computation of severance pay shall be counted anew from the moment the latest adjustment of balances has been made.
(4) In cases where an employer has enrolled in pension insurance program for retirees or a retirement lump sum payment trust as prescribed by the Presidential Decree (hereinafter referred to as �pension insurance, etc.�) for workers, whereby workers, as the insured or a beneficiary, receive lump sum payment at the time of retirement, or draw their pensions, it shall be deemed that the employer has set up a severance pay scheme in accordance with paragraph (1). The amount of lump sum by the retirement insurance, etc., however, shall not be smaller than that of severance pay pursuant to paragraph (1). <Amended by Act No. 5473, Dec. 24, 1997> |
not trying to stir things up Jaz, but where does it say that it does not apply to companies with less than 5 employees? |
It is actually shown in the anex to this act that shows the exceptions and YES, a business with less than 5 full time employees is EXEMPT from it (severance) under the labor act. There are a couple other exceptions to the labor act as well but none of importance here. |
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Grotto
Joined: 21 Mar 2004
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| Posted: Sun Sep 17, 2006 2:30 pm Post subject: |
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Ahh....didnt read far enough
Most uni's though, have more than 5 full time employees. |
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