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  • Ruffwed
  • Waygookin

    • 16

    • October 22, 2014, 01:03:33 pm
    • seoul
Goofy dates on contract may ruin severence
« on: January 26, 2015, 04:21:59 pm »
Initially my company had a hard time finding a proper Visa sponsor for me. I began working on March 8th. I was SUPPOSED to begin March 1st but they hadn't gottne me hired quickly enough so i had to make up the inital 5 days missed prior to me starting. However, the contract I first signed stated I began March 8th. Bc of contract sponsor issues I ended up having to redo the contract 2 more times.... each time the start date was moved further away from my actual start date. ALL contracts show a 5 day gap anyhow from have a full year completed (though i did make up those 5 days)   The contract does state that if I work until February 27th that I will recieve my severence. I will fully complete my contract.     But.... do they have room to assert i have not completed a full year due to innacurate contract dates, thus not pay me my serverence?


  • Grimne_Lothos
  • Expert Waygook

    • 846

    • December 28, 2011, 12:56:27 pm
    • Buyeo, south korea
Re: Goofy dates on contract may ruin severence
« Reply #1 on: January 26, 2015, 08:41:21 pm »
absolutely

you started on march 8th and finish on feb 27th.  severence is a labor code....your contracts promise isnt binding as far as the labor board is concerned....


Re: Goofy dates on contract may ruin severence
« Reply #2 on: January 27, 2015, 07:50:04 am »
^^^What he said.  I think most of us have a similar issue with contracts in that we are sent contracts ahead of time, sign them and send them off, and then when we arrive in Korea we sign a new contract with a new date.  If you modified the start date you then should have modified the end date, you can talk it over with your school but they do have the ability to withhold your severance, although you can ask the labor board if your school decides to go that route.


  • Eros
  • Super Waygook

    • 380

    • September 01, 2010, 02:43:24 pm
    • Korea
Re: Goofy dates on contract may ruin severence
« Reply #3 on: January 27, 2015, 08:10:28 am »
You shouldn't have signed subsequent contracts where the dates shifted. That said, if the contract states a start and end date, that you fulfilled. And it states that you are entitled to severance upon completion then I don't see how they can legally breach the contract.


  • donuts81
  • Hero of Waygookistan

    • 1364

    • October 20, 2010, 10:23:37 am
    • Korea
Re: Goofy dates on contract may ruin severence
« Reply #4 on: January 27, 2015, 11:17:54 am »
absolutely

you started on march 8th and finish on feb 27th.  severence is a labor code....your contracts promise isnt binding as far as the labor board is concerned....

I'm not so sure. If the contract states that the OP will receive severance after working set dates, even if they are less than a year then the company can't just ignore the contract.

If the contract however stated something about the employee being entitled to severance after completing a year and then having dates less than a year then sure they could happily rip you off if they felt like it.

I don't see it being radically different from the employer not paying the employee's salary correctly.
"You can't hurt me now, Mr Lee. I've lost all feeling"


  • Redondo
  • Expert Waygook

    • 642

    • October 14, 2012, 05:28:11 am
    • toronto
Re: Goofy dates on contract may ruin severence
« Reply #5 on: January 27, 2015, 12:11:50 pm »
i think i read something similar recently, about someone who's boss wanted to get rid of them a week early and sign an amendment to the contract saying that they will get the severance even though they terminated it. However, this was a scam because by doing so he may not be legally entitled to the severance because the court may not accept that the agreement was legitimate. Furthermore, it moved from being a labour problem to a civil matter which means that the appropriate civil court would be responsible if a lawsuit happens. But your case is different, since the agreement to pay severance is written on your intitial contract, you should be entitled to receive but as you did not complete a year, it may not be as easy of a case for the labour board.

The point is severance is a requirment by the labour standards act, which is the most important thing for employment, but under that definition you are not entitled to it.


  • Ruffwed
  • Waygookin

    • 16

    • October 22, 2014, 01:03:33 pm
    • seoul
Re: Goofy dates on contract may ruin severence
« Reply #6 on: January 27, 2015, 12:20:12 pm »
I remember that when they kept changing dates and having me sign new contrqcts (3 in all and 3 trips to immigration) That i kept throwing a fit over the change of start dates. They would get so angry at me and tell me they had to change the dates or my visa wouldnt transfer or they would pay fines. Anyhow, i was pretty firm with them and even kept mentioning my severence. So I just checked my contract and it does say the following "Severance pay, equal to one months salary will be provided to the employee upon the completion of the contract period of March 31st 2014 to February 28th, 2015.       That looks pretty solid, doesn't it?  I should be ok!


Re: Goofy dates on contract may ruin severence
« Reply #7 on: January 27, 2015, 12:30:23 pm »
I remember that when they kept changing dates and having me sign new contrqcts (3 in all and 3 trips to immigration) That i kept throwing a fit over the change of start dates. They would get so angry at me and tell me they had to change the dates or my visa wouldnt transfer or they would pay fines. Anyhow, i was pretty firm with them and even kept mentioning my severence. So I just checked my contract and it does say the following "Severance pay, equal to one months salary will be provided to the employee upon the completion of the contract period of March 31st 2014 to February 28th, 2015.       That looks pretty solid, doesn't it?  I should be ok!

The law is one full year. March 31 - February 28 isn't one year. I wouldn't trust it, personally.. especially because it says severance pay.


  • Grimne_Lothos
  • Expert Waygook

    • 846

    • December 28, 2011, 12:56:27 pm
    • Buyeo, south korea
Re: Goofy dates on contract may ruin severence
« Reply #8 on: January 27, 2015, 06:20:28 pm »
the re-signing of contracts seems like a red herring here.   The ORIginal contract was March 8 to Feb 28 and March 8 was your actual starting date.   Even without having re-signed your  contract multiple times you aren't entitled to severance.  The language of the contract means you can try your luck in civil court but all reputable lawyers I have spoken with require 3M up front to take on a civil case.


Re: Goofy dates on contract may ruin severence
« Reply #9 on: January 28, 2015, 08:09:54 am »
is your school trying to NOT pay your severance?  Have you spoken with them about this?