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Is it possible to lose severance pay benefits?
« on: December 12, 2016, 12:31:08 pm »
Hello Waygookins:

Is receiving severance pay dependent on the successful completion of your current contract?

I am about to renew for a fourth year with EPIK, and although I do not anticipate any issue at all in completing my new contract, I still want to know about any potential risks which might cancel out that nice severance pay.

Would quitting a contract early, or receiving termination from a school cancel a NETs severance benefits?  Any other risks?

Anyone know the legality of receiving severance?
« Last Edit: December 12, 2016, 12:41:26 pm by radicalspirit »


Re: Is it possible to lose severance pay benefits?
« Reply #1 on: December 12, 2016, 12:45:07 pm »
You get severance based on the number of months worked since your previous severance payment, with a minimum of 12 months.

If you quit before 12 months, no severance.  If you accumulate more than 12 months, then you get n/12 of a month's salary as severance, where n is the number of months worked.


Re: Is it possible to lose severance pay benefits?
« Reply #2 on: December 12, 2016, 07:04:47 pm »
Thank you orionchocopie.

My understanding now is that once you have worked in Korea for a minimum of twelve months you are entitled to receive severance pay. 

The amount of pay is pro-rated per month of work, and whether you quit or get terminated it should not affect your severance benefits.


Re: Is it possible to lose severance pay benefits?
« Reply #3 on: December 13, 2016, 07:39:42 am »
Maybe I am in a minority but I have received my severance each year (nine years) since I've been here.  Last year, I finished at my middle school 8 months into a contract and still received my severance for those eight months.  What I can glean from that is that if you stay with the same employer and work more than a year, but receive severance each year, you should still get any part payments as you've been with that employer for more than a year.  Or it may be a rare occurrence that.

Your school is doing it wrong.  It used to be that we would get severance every year, but a few years ago the rules were changed (or just enforced) so that you would only get a payment when you left.  You should not have received severance for 8 months of work as it was less than 12 months since your previous payment.  Anyway, you were lucky, so that's ok.


Re: Is it possible to lose severance pay benefits?
« Reply #4 on: December 13, 2016, 11:57:43 am »
Thank you orionchocopie.

My understanding now is that once you have worked in Korea for a minimum of twelve months you are entitled to receive severance pay. 

The amount of pay is pro-rated per month of work, and whether you quit or get terminated it should not affect your severance benefits.

Correct. But it's not really about working in Korea, it's about working at a specific employer.

If you quit/are fired legitimately in your first 12 months at a place of employment - no severance. If you work 12 months or more, you get severance for every day you worked, even if you leave during a contract.


  • The Arm
  • Expert Waygook

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    • March 09, 2015, 09:15:02 am
Re: Is it possible to lose severance pay benefits?
« Reply #5 on: December 13, 2016, 12:35:17 pm »
I'm worried about getting to the end of my time in Korea and having the MOE turn around and say "no severance, sorry".

As in they just don't have the money for some reason.  So paranoid about it!


Re: Is it possible to lose severance pay benefits?
« Reply #6 on: December 13, 2016, 01:01:22 pm »
I'm worried about getting to the end of my time in Korea and having the MOE turn around and say "no severance, sorry".

As in they just don't have the money for some reason.  So paranoid about it!

Don't worry.  The money for you was given to the school last year, so they already have all of it (including your severance and flight money).

If they spent it on something else they'll just raid the children's health fund, or some other non-essential account.


Re: Is it possible to lose severance pay benefits?
« Reply #7 on: December 13, 2016, 01:08:53 pm »
But from a contract legal point of view, each contract is finite, if you don't finish that, you don't get the severance, regardless of length of service.  Which would be what OCC is talking about. 

No. Korean labour law overrides individual contracts in regards to severance pay. If you renew at the same employer, with no interruption, severance is calculated when you leave that employer, based on your entire time there (as long as it is minimum one year).

Each yearly contract is finite, but severance isn't based on each contract, it's based on your total time at the same place of employment -- by national law.


Re: Is it possible to lose severance pay benefits?
« Reply #8 on: December 13, 2016, 01:19:32 pm »
To simplify: If you quit/get fired after less than a year -- no severance.

If you work 2 full one-year contracts, and the first 4 months of a third contract, you are legally entitled to 28 months worth of severance (about 2.3 months' pay). Even if you quit/did something else the employer didn't like.


Re: Is it possible to lose severance pay benefits?
« Reply #9 on: December 13, 2016, 01:19:59 pm »
If you quit/are fired legitimately in your first 12 months at a place of employment - no severance. If you work 12 months or more, you get severance for every day you worked, even if you leave during a contract.

That could explain why I got eight months severance, even though I received the severance for the previous contract with the same employer.  It makes sense that if you work for the same employer for a number of years that you should get part of a severance if you finish the contract early.  To me it is the same as the rolling severance.  You did the first year, and anything after that can be paid. 

But from a contract legal point of view, each contract is finite, if you don't finish that, you don't get the severance, regardless of length of service.  Which would be what OCC is talking about. 

I clicked on this job yesterday and saw that it doesn't pay out the severance.   Not sure how they can do that, regardless of an F-visa or not.

http://www.waygook.org/index.php/topic,102698.0.html

I think that would be illegal.  Some rookies might fall for it though.


  • stan rogers
  • Expert Waygook

    • 577

    • August 03, 2015, 04:16:11 am
    • Jeju Island
Re: Is it possible to lose severance pay benefits?
« Reply #10 on: December 18, 2016, 02:13:24 pm »
If you are deported good luck collecting it.

If you pay into the private teachers pension plan you don't get severance either.


Re: Is it possible to lose severance pay benefits?
« Reply #11 on: December 19, 2016, 08:00:21 am »
If you are deported good luck collecting it.

If you pay into the private teachers pension plan you don't get severance either.

That's incorrect. Severance and pension are separate issues.


Re: Is it possible to lose severance pay benefits?
« Reply #12 on: December 19, 2016, 02:05:08 pm »
Maybe I am in a minority but I have received my severance each year (nine years) since I've been here.  Last year, I finished at my middle school 8 months into a contract and still received my severance for those eight months.  What I can glean from that is that if you stay with the same employer and work more than a year, but receive severance each year, you should still get any part payments as you've been with that employer for more than a year.  Or it may be a rare occurrence that.

Your school is doing it wrong.  It used to be that we would get severance every year, but a few years ago the rules were changed (or just enforced) so that you would only get a payment when you left.  You should not have received severance for 8 months of work as it was less than 12 months since your previous payment.  Anyway, you were lucky, so that's ok.

Yeah, that has been my experience too.  I use to cash it out each year, but during the summer of 2012, they channged the rule and now can only cash it out once you leave.  I'd get 5 years of severance if I left in 2017.  It was one month's salary for each year of service.  (Don't think it includes extra perks like multiple school allowance, rent allowance, etc.) 


  • donuts81
  • Hero of Waygookistan

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    • October 20, 2010, 10:23:37 am
    • Korea
Re: Is it possible to lose severance pay benefits?
« Reply #13 on: December 19, 2016, 03:32:57 pm »
Quote
It was one month's salary for each year of service.  (Don't think it includes extra perks like multiple school allowance, rent allowance, etc.)

Technically, it is supposed to include anything that is a set amount payed regularly. So both of those payments are supposed to be in there. They probably won't be though (housing anyway). Most people miss out on it, or don't even know they are entitled to it.

http://www.korea4expats.com/article-severance-pay-korea.html
"You can't hurt me now, Mr Lee. I've lost all feeling"


  • stan rogers
  • Expert Waygook

    • 577

    • August 03, 2015, 04:16:11 am
    • Jeju Island
Re: Is it possible to lose severance pay benefits?
« Reply #14 on: December 19, 2016, 09:16:02 pm »
If you are deported good luck collecting it.

If you pay into the private teachers pension plan you don't get severance either.

That's incorrect. Severance and pension are separate issues.

You might want to read up on the private teacher's pension plan. I am assuming you have not read the private teacher's pension plan. If you did read it you would see they are not always separate issues. Don't believe me? Go look it up.

You get severance if you pay into national pension plan. Not the private one.


Re: Is it possible to lose severance pay benefits?
« Reply #15 on: December 19, 2016, 09:19:26 pm »
If you are deported good luck collecting it.

If you pay into the private teachers pension plan you don't get severance either.

That's incorrect. Severance and pension are separate issues.

You might want to read up on the private teacher's pension plan. I am assuming you have not read the private teacher's pension plan. If you did read it you would see they are not always separate issues. Don't believe me? Go look it up.

You get severance if you pay into national pension plan. Not the private one.

Thanks Stan.  You're so helpful.  I don't suppose you have a link do you?

Never mind.  Anyway, nobody mentioned deportation, and OP is with EPIK, so he won't be in a private pension plan.  Still, you managed to get some trolling done, so that's all good.


  • stan rogers
  • Expert Waygook

    • 577

    • August 03, 2015, 04:16:11 am
    • Jeju Island
Re: Is it possible to lose severance pay benefits?
« Reply #16 on: December 19, 2016, 09:33:55 pm »
If you are deported good luck collecting it.

If you pay into the private teachers pension plan you don't get severance either.

That's incorrect. Severance and pension are separate issues.

You might want to read up on the private teacher's pension plan. I am assuming you have not read the private teacher's pension plan. If you did read it you would see they are not always separate issues. Don't believe me? Go look it up.

You get severance if you pay into national pension plan. Not the private one.

Thanks Stan.  You're so helpful.  I don't suppose you have a link do you?

Never mind.  Anyway, nobody mentioned deportation, and OP is with EPIK, so he won't be in a private pension plan.  Still, you managed to get some trolling done, so that's all good.

I don't believe my factual statement can hardly be construed as trolling. I was merely trying to shed light on circumstances that might lead to someone not receiving their severance. I don't understand you hostile tone.


Re: Is it possible to lose severance pay benefits?
« Reply #17 on: December 20, 2016, 07:45:06 am »
If you are deported good luck collecting it.

If you pay into the private teachers pension plan you don't get severance either.

That's incorrect. Severance and pension are separate issues.

You might want to read up on the private teacher's pension plan. I am assuming you have not read the private teacher's pension plan. If you did read it you would see they are not always separate issues. Don't believe me? Go look it up.

You get severance if you pay into national pension plan. Not the private one.

Thanks Stan.  You're so helpful.  I don't suppose you have a link do you?

Never mind.  Anyway, nobody mentioned deportation, and OP is with EPIK, so he won't be in a private pension plan.  Still, you managed to get some trolling done, so that's all good.

I don't believe my factual statement can hardly be construed as trolling.

You're right!  (Better work on your grammar a bit, because that's probably not what you meant to say).

Quote
I was merely trying to shed light on circumstances that might lead to someone not receiving their severance.

As I said, no-one mentioned deportation, or private pensions, so your comment was not relevant and not helpful.  Much like most of your comments in other threads.

Quote
I don't understand you hostile tone.

*your