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  • slim063
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    • April 08, 2011, 10:14:45 am
    • korea
question about not completing the conract by one month
« on: December 12, 2012, 09:06:58 am »
Hi guys, I am wondering about what happens to severance pay and the exit allowance if I complete the winter camp and leave Korea in January? (supposed to stay until Feb 28th)
Am I not eligible to receive any of them or is there some sort of negotiaion?
Shall I discuss this matter with my school or SMOE directly?\
Any feedback would be much appreciated. thank you.




  • mogbert
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    • October 25, 2010, 10:12:37 am
    • Goheung
Re: question about not completing the conract by one month
« Reply #1 on: December 12, 2012, 09:17:52 am »
You can try negotiating but you most likely will not receive any of the benefits of completing the contract, well, because you didn't.  Last year, a co-worker couldn't get her severance even though she was leaving only 1-2 weeks before her contract was up.


  • nzer-in-gyeongnam
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    • August 07, 2010, 01:23:29 pm
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Re: question about not completing the conract by one month
« Reply #2 on: December 12, 2012, 09:24:09 am »
Is this your first contract in Korea?

If so, then you'll most likely have no way to get your severance or your exit allowance if you leave at the 11 month mark, because the contract explicitly states that once the full contract has been completed the employee shall be eligible for severance pay calculated to equal approximately one month of pay, and exit allowance of 1,300,000won.

If you've been here for more than one contract with the same school, there is room for negotiation on the severance pay for the first contract if you didn't receive it already, but not for the second, as the contract states once the contract has been completed.

You'll be VERY lucky to get anything out of the school/poe in exit allowance or severance pay if you leave before the end of the contract.  Is there some special reason you wish to finish early? There are 2 more weeks of school in February, and then 2 weeks more of vacation time, during which spring camps may be required to be taught. If you leave your contract early, you leave more work for your co-teachers, and leave your school looking for a replacement teacher sooner than they'd bargained for. If you're planning to leave at the end of January, you should have submitted your intention to resign with them in the form of 2 months notice by the end of November... remember if you leave before your contract is up, you've got to give that notice! I would try and stick out the last month just for the extra 5mill won you'll be getting compared with leaving at the end of January and having to fit your own ticket home costs and missing out on the 12th and 13th checks too... but that may just be me.
"It's better to have tried and failed, than never to have tried at all!"
Teach this to your students... they'll thank you for it later!


Re: question about not completing the conract by one month
« Reply #3 on: December 12, 2012, 09:24:13 am »
You are not entitled to anything in regard to severance or exit pay.  Negotiation is worthless as you have no ground to stand on and the school has nothing to gain by giving you money.
C is for cookie, that's good enough for me.


  • Grimne_Lothos
  • Expert Waygook

    • 846

    • December 28, 2011, 12:56:27 pm
    • Buyeo, south korea
Re: question about not completing the conract by one month
« Reply #4 on: December 12, 2012, 09:35:05 am »
Quote
If you've been here for more than one contract with the same school, there is room for negotiation on the severance pay for the first contract if you didn't receive it already, but not for the second, as the contract states once the contract has been completed.

If you are on your second year and you didn't  take your severance after your first year then there is no negotiation about it.  You get 23 months severance ...period.


Quote
remember if you leave before your contract is up, you've got to give that notice!
no you don't.  "you've got to" suggest some sort of consequence for not doing.  "you've got to"?...no  "you should"?...maybe "It would be the nice thing to do"?  absolutely.


  • lotte world
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    • August 22, 2011, 09:00:38 pm
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Re: question about not completing the conract by one month
« Reply #5 on: December 12, 2012, 09:40:56 am »
Hi guys, I am wondering about what happens to severance pay and the exit allowance if I complete the winter camp and leave Korea in January? (supposed to stay until Feb 28th)
Am I not eligible to receive any of them or is there some sort of negotiaion?
Shall I discuss this matter with my school or SMOE directly?
Any feedback would be much appreciated. thank you.

If you don't complete your contract you don't get severance or the exit allowance.  There is no negotiation, you simply don't qualify.

Also, you should give notice if you intend to leave, but most contracts are now stipulating 60 days, so you've left that a bit late.


  • slim063
  • Explorer

    • 8

    • April 08, 2011, 10:14:45 am
    • korea
Re: question about not completing the conract by one month
« Reply #6 on: December 12, 2012, 10:09:15 am »
Thank you for your feedbacks guys!
Now I am sure I just cant get both of them by chance.
I intended to leave due to awesome job offer back home but the starting date is overlapping with my school.
Maybe I will just pass this job offer. Too much loss for me with severance pay and exit allowance.
Anyways thanks for your feedbacks everyone.


  • lotte world
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Re: question about not completing the conract by one month
« Reply #7 on: December 12, 2012, 10:35:44 am »
Thank you for your feedbacks guys!
Now I am sure I just cant get both of them by chance.
I intended to leave due to awesome job offer back home but the starting date is overlapping with my school.
Maybe I will just pass this job offer. Too much loss for me with severance pay and exit allowance.
Anyways thanks for your feedbacks everyone.

If the job offer is truly awesome then you should go for it.  Good jobs are tricky to find these days.


  • JamesBondGibbon
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    • March 12, 2012, 06:19:35 pm
    • O-dee-eh?
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Re: question about not completing the conract by one month
« Reply #8 on: December 12, 2012, 10:45:42 am »
My contract finishes on the 28th Feb. I was planning on using my Winter Vacation holiday to leave (the country) a week early.Do you think this is likely to pose a problem, given that I would just be deskwarming anyway and it's paid vacation that I haven't used (I haven't brought it up with my school that I'm not recontracting yet).


  • lotte world
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    • August 22, 2011, 09:00:38 pm
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Re: question about not completing the conract by one month
« Reply #9 on: December 12, 2012, 10:51:04 am »
My contract finishes on the 28th Feb. I was planning on using my Winter Vacation holiday to leave (the country) a week early.Do you think this is likely to pose a problem, given that I would just be deskwarming anyway and it's paid vacation that I haven't used (I haven't brought it up with my school that I'm not recontracting yet).

Shouldn't be a problem.  Many people have talked about doing it on this forum.  In order to make sure everything runs smoothly you should talk to your school about it.  Try to get an assurance of when you will be paid your severance and exit allowance (and your last salary).  If you are leaving in February the school office will be running on minimum staff.

I am surprised that your school hasn't asked you about re-contracting.  Our local education office asks 3 months in advance of the end of any teacher's contract if they plan to renew.


  • JamesBondGibbon
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Re: question about not completing the conract by one month
« Reply #10 on: December 12, 2012, 12:13:42 pm »
My contract finishes on the 28th Feb. I was planning on using my Winter Vacation holiday to leave (the country) a week early.Do you think this is likely to pose a problem, given that I would just be deskwarming anyway and it's paid vacation that I haven't used (I haven't brought it up with my school that I'm not recontracting yet).

Shouldn't be a problem.  Many people have talked about doing it on this forum.  In order to make sure everything runs smoothly you should talk to your school about it.  Try to get an assurance of when you will be paid your severance and exit allowance (and your last salary).  If you are leaving in February the school office will be running on minimum staff.

I am surprised that your school hasn't asked you about re-contracting.  Our local education office asks 3 months in advance of the end of any teacher's contract if they plan to renew.

Thanks^^ On two occasions my CT's briefly asked me on the way to class whether I was planning on staying. That was in September when I was still considering it though so I said "Yeh probably, if I get offered a recontract" (which I defnitely will do unless funding gets cut). I don't particularly want to bring it up though because they haven't mentioned it formally yet. I probably should do within the next week though  :undecided:


Re: question about not completing the conract by one month
« Reply #11 on: December 26, 2012, 10:52:17 am »
Hello all

I am in a similar circumstance: I am contracted at my school til April 1st (this is my first year) but want to apply for uni positions - some in Korea, some not - all of which begin in March.

I'm not looking for any severance but what should I expect to happen in terms of visa transfer and recommendations? I intend to do things 'above board' (no MR) but does failing to complete the contract jeopardise your ability to work in Korea (period) or just other public schools?

FWIW/FYI I'm on the list of GEPIK schools that are being axed so they won't be looking for anyone to replace me.
« Last Edit: December 26, 2012, 11:30:14 am by Underworldlive »


Re: question about not completing the conract by one month
« Reply #12 on: December 26, 2012, 11:30:32 am »
Skimmed this thread out of curiosity.  I am pretty sure when people are saying "negotiate" they simply mean ask, or have the school do them the favor.

Just go word for word in your contracts.

Underworldlive: The majority of schools/academies do not give you a letter of release if you break contract, thus no visa transfers.  Letter of recommendations are like any job.  If someone likes you, they can write whatever they want.  Now, if you complete the contract, I'm sure it is more likely you will get a recommendation.  Breaking contracts usually put you on a black list for public schools in the MOE.  I have HEARD of people getting another public school job after quitting though.


  • teacher1066
  • Waygookin

    • 17

    • September 23, 2011, 02:16:14 pm
    • South Korea
Re: question about not completing the conract by one month
« Reply #13 on: December 26, 2012, 12:58:03 pm »
Quote


If you are on your second year and you didn't  take your severance after your first year then there is no negotiation about it.  You get 23 months severance ...period.


is severance pay now calculated monthly? i was under the impression that  we were entitled to severance pay for each full year we complete. if it is calculated monthly, the OP will only really miss out on the flight allowance and still receive 1 year and 11 months severance. perhaps something changed or it differs from district to district. does anyone have information that would clear this up? i currently work in PS and am consdering leaving a month early also, if i wouldn't be losing a whole years of severance that is. cheers in advance.


  • lotte world
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    • August 22, 2011, 09:00:38 pm
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Re: question about not completing the conract by one month
« Reply #14 on: December 26, 2012, 01:17:19 pm »

If you are on your second year and you didn't  take your severance after your first year then there is no negotiation about it.  You get 23 months severance ...period.


is severance pay now calculated monthly? i was under the impression that  we were entitled to severance pay for each full year we complete. if it is calculated monthly, the OP will only really miss out on the flight allowance and still receive 1 year and 11 months severance. perhaps something changed or it differs from district to district. does anyone have information that would clear this up? i currently work in PS and am consdering leaving a month early also, if i wouldn't be losing a whole years of severance that is. cheers in advance.

Severance has always been calculated monthly, but it is only paid when you have accumulated 12 months or more.  It used to be that severance was paid to us every year (since that was 12 accumulated months), but some of us were allowed to choose whether or not to take it and instead allow it to accumulate further (I was not offered this choice).

A recent law change means that this is no longer an option.  You can only collect severance when you actually finish working here*.

So, if OP leaves after 1 year and 11 months he will get 23 months' worth of severance unless he took severance after his first year, which might have been permitted then.  If he did then he gets nothing, because the remaining 11 months is less than 12 months.

* I don't have a clear answer if you have to finish working in Korea, or just finish working for a particular employer.  For most people this is the same thing.

Edit: Fixed quoting blocks
« Last Edit: December 26, 2012, 03:17:18 pm by lotte world »


Re: question about not completing the conract by one month
« Reply #15 on: December 26, 2012, 02:48:56 pm »
Thanks marksurendra,

I don't want another public school job but in any case, from my school's point of view I guess what you've said makes sense. Damn.


Re: question about not completing the conract by one month
« Reply #16 on: December 27, 2012, 12:20:36 pm »
Does anybody have any idea where the severance pay is coming from? 

I guess I'm just trying to understand some of the other reasoning behind leaving a couple weeks before the end of your contract and then suddenly not getting the severance.  I'd imagine that it's not like the school would be losing any money..


  • lotte world
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    • August 22, 2011, 09:00:38 pm
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Re: question about not completing the conract by one month
« Reply #17 on: December 27, 2012, 12:27:09 pm »
Does anybody have any idea where the severance pay is coming from? 

I guess I'm just trying to understand some of the other reasoning behind leaving a couple weeks before the end of your contract and then suddenly not getting the severance.  I'd imagine that it's not like the school would be losing any money..

Does it matter?  Someone has to pay, but if they don't have to then why should they?


  • skippy
  • Expert Waygook

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    • January 12, 2011, 04:08:17 pm
    • Daejeon
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Re: question about not completing the conract by one month
« Reply #18 on: December 27, 2012, 11:03:13 pm »
I am pretty sure severance is paid after the employee finishes working for an EMPLOYER not finish working in Korea.   The old way is people who work for school A, finish a year get severerance also called year end bonus.  Then person who renew with school and then after another year collect severance again.  Under the new rules.   People can not collect it after finishing a year, they can only collect when the finish/retire from present job.

The severance pay comes from the employer.  If the business is smart they calculate those costs and set the money aside.  They are required by law to pay.  They have up until 14(15 days) after last day of work to pay.

I think people are confusing pension and severance again.  Pension you do have to leave the country aka cancel visa.  The pension is paid out through the National Pension Service.
Please consider adding some info to your "Personal Text"  Like type of school, visa status, county of origin.  These little bits of info can help people help you.