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severance after 2nd year
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I-am-me



Joined: 21 Feb 2006
Location: Hermit Kingdom

PostPosted: Fri Dec 29, 2006 8:31 am    Post subject: severance after 2nd year Reply with quote

Has anybody signed on for another year at their hagwon? I am interested in finding out if you got severance pay after the second year. I read in Article 34 of the labor act that is the law to give it every year. Has anybody had problems with getting it or did you wait until you left to get it for all years worked? My director seems to think he only needs to give me one month's severance pay after whatever year I leave.
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merkurix



Joined: 21 Dec 2006
Location: Not far from the deep end.

PostPosted: Fri Dec 29, 2006 9:02 am    Post subject: Re: severance after 2nd year Reply with quote

I-am-me wrote:
Has anybody signed on for another year at their hagwon? I am interested in finding out if you got severance pay after the second year. I read in Article 34 of the labor act that is the law to give it every year. Has anybody had problems with getting it or did you wait until you left to get it for all years worked? My director seems to think he only needs to give me one month's severance pay after whatever year I leave.


I've have yet to work at a single place continuously for a second year, but I've read and heard that for every 12 months of full-time work, they have to pay you 1 month's worth of wages. This goes for everyone--Korean or not.
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ChopChaeJoe



Joined: 05 Mar 2006
Location: Seoul

PostPosted: Fri Dec 29, 2006 10:23 am    Post subject: Reply with quote

I re-signed with my school for another year. I was paid (according to the contract) a month's pay at the end of my first year and my next-year's contract says I get another month's pay at the end of next year.

Feasibly, your director could pay you two month's salary at the end of your second year. I made an agreement with my director to pay the severence at the end of each year.
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jaderedux



Joined: 10 Jan 2003
Location: Lurking outside Seoul

PostPosted: Fri Dec 29, 2006 12:10 pm    Post subject: Reply with quote

My school tried that after I re-signed and I very politely said no thank you I will take my bonus on February 28th. In 5 years they have been late once.

I prefer mine at the end of each year.

Jade
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Fri Dec 29, 2006 6:26 pm    Post subject: Reply with quote

jaderedux wrote:
I prefer mine at the end of each year.

I prefer everything at the end. It's more money if you wait.

If you make 2.0 in year one, 2.3 in year two, and 2.6 in year three, which would you rather have:

Severence after every year completed == 2.0 + 2.3 + 2.6 == 6.9
or
Severence in one lump at th end == 2.6 + 2.6 + 2.6 == 7.8
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Kimchieluver



Joined: 02 Mar 2005

PostPosted: Fri Dec 29, 2006 6:34 pm    Post subject: Reply with quote

I would sleep better getting it at the end of every contract.
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ChuckECheese



Joined: 20 Jul 2006

PostPosted: Fri Dec 29, 2006 6:39 pm    Post subject: Reply with quote

Young FRANKenstein wrote:
jaderedux wrote:
I prefer mine at the end of each year.

I prefer everything at the end. It's more money if you wait.

If you make 2.0 in year one, 2.3 in year two, and 2.6 in year three, which would you rather have:

Severence after every year completed == 2.0 + 2.3 + 2.6 == 6.9
or
Severence in one lump at th end == 2.6 + 2.6 + 2.6 == 7.8


I prefer having it in my hands after each year. I just don't trust my money to be deposited in the "Bank of XXX hagwon".

Besides if you let it grow to say three or four years (nearing or over 10 million), there would be more reason for your boss to hold you hostage.
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cmr



Joined: 22 Mar 2006

PostPosted: Fri Dec 29, 2006 7:03 pm    Post subject: Reply with quote

I got my severance pay after my first year and then got a second one after my second year.

If your director is already trying to screw you over the severance pay, I strongly suggest you don't waste any time in getting it after each contract. If he can't understand the logic behind this, just tell him you finished your first contract and are entitled to your severance pay for it, then he is just giving you a new contract which also has a severance pay at the end. It's quite simple, but Koreans are not always very logical people and they often put logic aside whenever it fits their needs.
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just because



Joined: 01 Aug 2003
Location: Changwon - 4964

PostPosted: Fri Dec 29, 2006 8:06 pm    Post subject: Reply with quote

I also have signed on at a place for a second year and was paid sevearnce each year...

as the poster above said, if your director is already being a *beep* about severance you probably take on of two steps..

1. say you are going to take a break between 2 contracts and would like the severance before you go...don't do them concurrently without a break and have some time off and he might see the light a bit better.

2, If he still insists on only paying after 2 years then the risk is on you as he will them owe you 2 years worth and when it comes down to the end of the second year, 4 million plus is a big hit to take for any hagwon. I wouldn't trust him paying it at the end if he won't pay it after one year....

Good luck
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I-am-me



Joined: 21 Feb 2006
Location: Hermit Kingdom

PostPosted: Fri Dec 29, 2006 9:02 pm    Post subject: Reply with quote

Thanks for the replies. It looks like I will be getting my second severance pay in February. Boss made some excuse about not having the money right now. I can imagine what would have happened if he had to pay me last year and this years severance!!!! On a small note,, my korean co-worker said she envied me because she doesn't get severance pay when she finishes. I wonder if she knows the law or just siding with the boss? Question
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ChuckECheese



Joined: 20 Jul 2006

PostPosted: Fri Dec 29, 2006 11:43 pm    Post subject: Reply with quote

I-am-me wrote:
Thanks for the replies. It looks like I will be getting my second severance pay in February. Boss made some excuse about not having the money right now. I can imagine what would have happened if he had to pay me last year and this years severance!!!! On a small note,, my korean co-worker said she envied me because she doesn't get severance pay when she finishes. I wonder if she knows the law or just siding with the boss? Question


These are perfect reasons why you should always get your severance paid each year that you complete your one year contract. Leaving your money with "XXX hagwon bank" is too much of risk.

Anything related to money, I trust my dog more than the hagwon owner.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Sat Dec 30, 2006 7:54 am    Post subject: Reply with quote

cmr wrote:
just tell him you finished your first contract and are entitled to your severance pay for it, then he is just giving you a new contract which also has a severance pay at the end.

but that's not how it works. You are NOT "entitled" to severence at the end of every contract. If they want to be nice about it, they can do it that way, but they are in no way obligated to do so.

It is SEVERANCE, as in quitting your job permanently. Legally, he doesn't have to give you a dime of severance until you permanently leave his employ. No complaint to labor will change that. They will tell you the same thing.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Sat Dec 30, 2006 7:55 am    Post subject: Reply with quote

I-am-me wrote:
my korean co-worker said she envied me because she doesn't get severance pay when she finishes.

Of course, she does. Who told her that? The boss?
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I-am-me



Joined: 21 Feb 2006
Location: Hermit Kingdom

PostPosted: Sat Dec 30, 2006 7:34 pm    Post subject: Reply with quote

Quote:
You are NOT "entitled" to severence at the end of every contract.

Very true Frank. I think the law says you "may" ask for it anytime after you complete a year. But I think it would really hurt a hagwon owner if he has to pay 6 million at the end. But then, I think my boss is confused about paying just one years severance when he actually has to pay me for each contract completed. Shocked
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Sun Dec 31, 2006 8:33 pm    Post subject: Reply with quote

I-am-me wrote:
I think the law says you "may" ask for it anytime after you complete a year.

Sure, you can ask, but if he says "No" there's nothing you can do to force him to pay it. And a complaint to labor will result in a big fat nothing. Labor will only accept the complaint if you are LEAVING the school permanently.

Quote:
But I think it would really hurt a hagwon owner if he has to pay 6 million at the end.

Well, a smart hagwon owner (snort) would have a separate bank account to put such severance into trust every contract. He would pay that year's severance into the trust account, and when you eventually leave the school he needs only to withdraw the money he's already socked away for such a purpose. Plus, he gets makes a little money from the interest. Putting housing deposits and airfare into the trust account would be smart, too.

That's what a SMART owner would do. Not a lot of those around, though. Just worring about the here and now, and who cares about 3 months away (or whenever).. that's too far away to think about.
Rolling Eyes
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