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  • katieskorea
  • Adventurer

    • 27

    • September 29, 2011, 09:55:53 pm
    • Yeongju city
Can an employer take back money if you quit just after payday?
« on: February 02, 2016, 04:00:12 pm »
Hi all, I am about to come upon my year's severance and next pay check. I have a 14 month contract with my school but I have recently had bad news back home (quite the emergency) and want to get home asap. I'm thinking of waiting for this pay to go in and then telling my employer that I need to go home and wont be coming back. I know this is a less than ideal situation but I don't want to lose out on any money owed especially as I'm so close to getting the severance. I know I will forfeit the airfare, but can they take back money after it's been paid? I'm thinking of giving a one weeks notice so I can say goodbye to my kids and plan some extra lessons for the new teacher.
Any help will be much appreciated.


  • Pecan
  • The Legend

    • 3769

    • December 27, 2010, 09:14:44 am
    • Seoul
Re: Can an employer take back money if you quit just after payday?
« Reply #1 on: February 02, 2016, 04:08:00 pm »
Are you the only foreigner at your place of employment?

What will happen when you leave?  Meaning, who will teach those students?

If your leaving is going to jeopardize your employer's entire operation, it's going to be ugly.

Best of luck.


  • KoreaBoo
  • Expert Waygook

    • 572

    • May 25, 2014, 04:00:42 pm
    • Korealand
Re: Can an employer take back money if you quit just after payday?
« Reply #2 on: February 02, 2016, 04:09:32 pm »
They can't take it back unless you give it to them.


  • katieskorea
  • Adventurer

    • 27

    • September 29, 2011, 09:55:53 pm
    • Yeongju city
Re: Can an employer take back money if you quit just after payday?
« Reply #3 on: February 02, 2016, 04:10:43 pm »
I work with about 10 other foreign teachers, any of whom could take over the classes. I would love to be able to hand in my notice and do it properly but in the past these people have never been reasonable with anyone. I don't want to risk losing out on severance since I've been here 11 months now.


  • gflips
  • Adventurer

    • 33

    • May 14, 2014, 02:44:51 pm
Re: Can an employer take back money if you quit just after payday?
« Reply #4 on: February 02, 2016, 04:43:23 pm »
I work with about 10 other foreign teachers, any of whom could take over the classes. I would love to be able to hand in my notice and do it properly but in the past these people have never been reasonable with anyone. I don't want to risk losing out on severance since I've been here 11 months now.

Reasonably, his business is his business. Your entitlements are your entitlements. No, he can't take or ask for money back. If you work more than 12 months you are entitled to one month's pay calculated on your last 3 months of work. He should be prepared for the possibility of someone leaving, for example because they died. If he's not, it's not your fault, it's his. If he is willing to pay enough he can get a substitute.


Re: Can an employer take back money if you quit just after payday?
« Reply #5 on: February 02, 2016, 04:54:52 pm »
No, they can't withdraw a deposit made to your bank account. But they can confiscate your housing deposit if they're feeling spiteful.

If you leave early you pretty much have to forfeit the severance. I mean maybe if you talk with the owner and they're extremely nice, and they find a replacement for you really quick, then they might give it to you. But I wouldn't count count on it.

Just talk with the owner and give them as much of a heads-up as possible. Family is a reasonable excuse, but you need to give them time to find a replacement. 1 week notice really sucks for employers of immigrant workers, that's why most contracts require 1-3 month notice. It's not just that your classes need to get filled, it's also that they need to file paperwork on their end to document your early exit.


  • Pecan
  • The Legend

    • 3769

    • December 27, 2010, 09:14:44 am
    • Seoul
Re: Can an employer take back money if you quit just after payday?
« Reply #6 on: February 02, 2016, 07:53:02 pm »
Katies,

In the interests of being more helpful, I'm curious what it is that you think is going to happen at the twelve month mark.

If your employer follows the current employment rules and regulations, you aren't going to be receiving any severance at the end of twelve months, because you have a 14 month contract.

What is it that you know, that we don't?

Again, I ask, because I don't quite follow the thought process of your plan.

Thanks.


Re: Can an employer take back money if you quit just after payday?
« Reply #7 on: February 02, 2016, 08:02:18 pm »
If you have a 14 month contract you won't actually get your severance until you finish your contract- it won't be paid to you automatically after 12 months, although you are eligible for it from that point (and your employer is obligated to pay you).  The good news is that after 14 months you will get 14/12 x one month's salary, i.e. 1.167 x your monthly rate.

So, if you are expecting your severance to drop into your bank account along with your regular wage you might be disappointed.

AFAIK legally you don't need to give any notice to quit, but if you don't it might be breach of contract rather than breaking the law.  Once you have left Korea it becomes very difficult to do anything about that though.  Especially if you don't plan to come back.

Most people, if they're going to cut and run (aka a Midnight Run) will a) tell no-one b) pack discreetly c) empty their account on payday, and d) leave immediately.  If you tell someone, even by trying to do the right thing, you might get a frosty reception and all sorts of unpleasant repercussions.  Google "midnight run" for advice and horror stories.

It really depends on how you think your boss is going to react.  And the other 10 guys who are going to pick up the slack.

If you tell him and he fires you (therefore pre-empting the severance payment) you might have a case with the Labour Board.  On the other hand if you tell him he might be very supportive.  Leaving right now might be good for him as he can re-hire to line up with the new school year on 1st March.

Hard to know.  Good luck.


Re: Can an employer take back money if you quit just after payday?
« Reply #8 on: February 03, 2016, 07:36:05 am »
It depends when you get paid. If you get paid for a month of work before the month is over, they can take back the prorated amount. If you get paid after the month is over, they must pay you the prorated amount.
Ex: Quit end of pay day: paid for February on the 24th....they will subtract 5/29 from any money that is coming to you and may even sue you.
Paid for February on March 10th, they will owe you 10/31 for March and all of Feb. They probably won't pay that and you may have to sue them.


  • Hot6^
  • Hero of Waygookistan

    • 1759

    • March 14, 2014, 02:46:01 pm
    • Bucheon
Re: Can an employer take back money if you quit just after payday?
« Reply #9 on: February 03, 2016, 08:10:06 am »
You are sacrificing your housing deposit, and your severance.

AND, if you have a REAL hellwon, they will try and have immigration stop your passport at the airport, and prevent you from bailing on a contract. It can happen but it's like 1%.


You contract probably clearly states, 1 months pay as severance UPON COMPLETION OF THE CONTRACT.

If you fail to meet the terms and conditions of that contract, then they aren't obligated to pay you anything.



No offense, but I love these "emergency" posts, that always pop up in the 11th month of contracts...


It might be a legit case, but I can only speculate.... considering, if it was a real "emergency" where you have to leave ASAP, your primary concern wouldn't be if you get a severance check..... (2.0 million won.)


Anyway, if it is, good luck.


What you put into Korea, is what you will get out of Korea; it will not spoon feed you.


  • jamonamagnet
  • Expert Waygook

    • 610

    • April 01, 2015, 10:09:26 am
    more
Re: Can an employer take back money if you quit just after payday?
« Reply #10 on: February 03, 2016, 08:14:13 am »
You contract probably clearly states, 1 months pay as severance UPON COMPLETION OF THE CONTRACT.

If you fail to meet the terms and conditions of that contract, then they aren't obligated to pay you anything.
Severance is a legal requirement.  The employer must pay after at least 12 months' service, regardless of how the contract ends.

There are other things, such as flight or bonus that are not legal requirements, and could be tied to conditions such as finishing the contract as agreed.


  • katieskorea
  • Adventurer

    • 27

    • September 29, 2011, 09:55:53 pm
    • Yeongju city
Re: Can an employer take back money if you quit just after payday?
« Reply #11 on: February 03, 2016, 12:21:34 pm »
They asked me to sign a 14 month contract to see through an adult's program they are running. But the contract they gave was actually a 12 month contract with the dates changed. It does state that I will get my severance after completing a one year contract not a 14 month contract. That's why I think I should get it. If not, then it doesn't matter, I need to go home soon anyway, I would just hate to be screwed out of money if I'm owed it.


  • Pecan
  • The Legend

    • 3769

    • December 27, 2010, 09:14:44 am
    • Seoul
Re: Can an employer take back money if you quit just after payday?
« Reply #12 on: February 03, 2016, 12:38:52 pm »
Sorry Katies, but it doesn't work that way.

Since you no longer have to fear not receiving something, that you weren't going to receive, I would encourage you to let your employer know NOW that you will be leaving (the sooner the better).

That way you can minimize the disruption of your leaving without giving proper notice and can make sure all of your utility bills, etc. are all paid up before you leave.

Have a safe trip home.


  • donuts81
  • Hero of Waygookistan

    • 1364

    • October 20, 2010, 10:23:37 am
    • Korea
Re: Can an employer take back money if you quit just after payday?
« Reply #13 on: February 03, 2016, 03:06:01 pm »
You contract probably clearly states, 1 months pay as severance UPON COMPLETION OF THE CONTRACT.

If you fail to meet the terms and conditions of that contract, then they aren't obligated to pay you anything.
Severance is a legal requirement.  The employer must pay after at least 12 months' service, regardless of how the contract ends.

There are other things, such as flight or bonus that are not legal requirements, and could be tied to conditions such as finishing the contract as agreed.

Jamonamagnet is correct. Severance is all about total time worked, as long as it's over a year, not completion of contract. You'll  definitely lose flights but should get back any housing deposit (except you probably won't).

I do agree with Pecan that you should tell your employer sooner if you can. If anything it will allow you to work on getting your money in your bank acct before you leave. If you leave the country on bad terms it's going to increase the chances of you getting shafted out of money. Once you leave the country things get exponentially harder to get what's owed to you if your employer is that way inclined. 
"You can't hurt me now, Mr Lee. I've lost all feeling"


Re: Can an employer take back money if you quit just after payday?
« Reply #14 on: February 03, 2016, 08:23:12 pm »
You are sacrificing your housing deposit, and your severance.

AND, if you have a REAL hellwon, they will try and have immigration stop your passport at the airport, and prevent you from bailing on a contract. It can happen but it's like 1%.


You contract probably clearly states, 1 months pay as severance UPON COMPLETION OF THE CONTRACT.

If you fail to meet the terms and conditions of that contract, then they aren't obligated to pay you anything.



No offense, but I love these "emergency" posts, that always pop up in the 11th month of contracts...


It might be a legit case, but I can only speculate.... considering, if it was a real "emergency" where you have to leave ASAP, your primary concern wouldn't be if you get a severance check..... (2.0 million won.)


Anyway, if it is, good luck.
   

Uh, no. They may try, but they can't do jackshit. Unless it is a CRIMINAL matter...immigratio n has no authority to stop you at the airport. OP, you cannot be stopped at the airport in any way, unless you are wanted for a crime. And quitting a crappy little job in South Korea is not a crime.  "This here's a story about Billy Joe and Bobby Sue..."