Labor Law 101_002: Can I get my severance pay? I have no provision in my contract.

Regardless of the size of the workplace, if an employee has worked for 15 hours or more per week for 1 year or longer, an employee is qualified for severance.

Until December 1, 2010, the workplace with less than 5 employees was not obligated to pay severance. However, from December 1, 2010, all workplaces are obliged to pay severance to employees. Until December 31, 2012, employers can pay only 50% of the severance.

Please remember that an employee is entitled to severance even if the employee and the employer agreed to the non-payment of severance as such agreement is illegal and void.

Note: All employers have obligation to pay severance to employees.

If you need any legal help to pursue your severance pay, please contact me.

Hyunjoo Ahn, Esq. (JD, LLM)

Law Office of Hyunjoo Ahn

Member of Korean Bar Association

Member of Connecticut Bar Association

540-1, Sangmu Building, Sangmu-jungang-ro, Seo-gu, Gwangju, Korea

Tel: 062-373-1298

Fax: 062-443-1298

E-mail: lawyer4expats@gmail.com