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Sod_em_and_begorrah
Joined: 20 Nov 2006
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 Posted: Sun Feb 25, 2007 10:04 pm Post subject: Medical emergency |
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I'm almost in the eleventh month of my second contract-contunuous employment at the same school.
I have to get home as soon as possible due to a medical emergency (my own, not any family members').
I'm not sure what my entitlements are regarding severance and airfare. I got a severance bonus last year. I'm only going to go early if I have to, I'm seeing the doctor on Friday and I will go on what he says as well as what my doctor at home says. I know it's not possible for me to give notice which is why I am worried about getting the money-which I badly need as I possibly won't be able to work for a few months.
I haven't discussed this with the boss at all, I'm just trying to find out if anyone knows what the entitlements are before I have to fork out to ask on efl-law.com.
Edit: I have discussed the fact that I have been diagnosed with a serious illness and have told him that I may have to go home early-I haven't discussed severance or airfare with him. |
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Jellypah
Joined: 27 Oct 2004
Location: ROK
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| Posted: Sun Feb 25, 2007 10:11 pm Post subject: |
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You're entitled to severance on each of the months you've worked after 12. I don't know what happens if you don't give 30 days notice though. What does it say in your contract?
I hope you're ok - health wise |
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Sod_em_and_begorrah
Joined: 20 Nov 2006
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| Posted: Sun Feb 25, 2007 10:18 pm Post subject: |
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| Jellypah wrote: |
You're entitled to severance on each of the months you've worked after 12. I don't know what happens if you don't give 30 days notice though. What does it say in your contract?
I hope you're ok - health wise |
I don't know what it says, I'm supposed to give notice but then again contracts were never very much adhered to by them and this is an exceptional circumstance.
I will be ok after treatment. |
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ilovebdt
Joined: 03 Jun 2005
Location: Nr Seoul
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| Posted: Sun Feb 25, 2007 10:20 pm Post subject: |
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| Jellypah wrote: |
You're entitled to severance on each of the months you've worked after 12. I don't know what happens if you don't give 30 days notice though. What does it say in your contract?
I hope you're ok - health wise |
Really? That's interesting
OP would your boss maybe let you leave for your op and then come back to work? Hope you are doing ok.
ilovebdt |
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Sod_em_and_begorrah
Joined: 20 Nov 2006
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| Posted: Mon Feb 26, 2007 1:20 am Post subject: |
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| ilovebdt wrote: |
| Jellypah wrote: |
You're entitled to severance on each of the months you've worked after 12. I don't know what happens if you don't give 30 days notice though. What does it say in your contract?
I hope you're ok - health wise |
Really? That's interesting
OP would your boss maybe let you leave for your op and then come back to work? Hope you are doing ok.
ilovebdt |
I already had the operation and tests in Korea, what treatment I will have to have depends on the outcome of the tests. I reckon I'll have to be home for about six months, minimum, so I can't come back to the job. That's ok because I can get another job when I come back. I'll see what the docs say and then make my decision based on that. With a bit of luck I'll be able to finish the contract-there's only a month to go anyway. Otherwise I'm fine, thanks for asking! |
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BigBuds
Joined: 15 Sep 2005
Location: Changwon
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| Posted: Mon Feb 26, 2007 2:03 am Post subject: |
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| Jellypah wrote: |
You're entitled to severance on each of the months you've worked after 12. I don't know what happens if you don't give 30 days notice though. What does it say in your contract?
I hope you're ok - health wise |
That's not quite right. You're only entitled to severance for every month you worked over 12 months if you didn't receive your severance at the end of the first 12 months.
If you work 12 months and then receive severance, it resets everything and you have to work another 12 months to be entitled to it.
If you work twelve months and don't receive severance, you are entitled to the first 12 months severance and a prorated severance for every month you work thereafter. |
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Jellypah
Joined: 27 Oct 2004
Location: ROK
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| Posted: Mon Feb 26, 2007 3:31 am Post subject: |
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| BigBuds wrote: |
| Jellypah wrote: |
You're entitled to severance on each of the months you've worked after 12. I don't know what happens if you don't give 30 days notice though. What does it say in your contract?
I hope you're ok - health wise |
That's not quite right. You're only entitled to severance for every month you worked over 12 months if you didn't receive your severance at the end of the first 12 months.
If you work 12 months and then receive severance, it resets everything and you have to work another 12 months to be entitled to it.
If you work twelve months and don't receive severance, you are entitled to the first 12 months severance and a prorated severance for every month you work thereafter. |
Big Buds - I'm sure that's not true. From http://www.suite101.com/article.cfm/expatriate_seoul/69030:
"The employee must have been employed for a minimum of 365 days (continuous) after which one month�s severance pay (calculated on the average salary of the previous 3 months) must be paid.
For each month above 365 days employment the employee is entitled to a pro rata severance pay. That is, severance pay accrues on a monthly basis after one year."
From http://www.helplinelaw.com/law/south%20korea/labour%20laws/labour%20laws.php:
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.
And from http://www.footprintsrecruiting.com/content_337.php:
Periods beyond one year of employment, are pro-rated. Eighteen months employment = a bonus of 1.5 x monthly salary.
Actually, an employer doesn't HAVE to pay your severance if you sign on for another year, but I'm sure they all would. If you are working for the same employer under the same visa - why wouldn't you get the pro-rated severance? There's no such thing as "re-setting." |
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