Severance pay can be claimed even after leaving the company. However, there is a deadline for making a claim. If an employee who works for more than 15 hours a week leaves the company after one year of employment, severance pay is generated. The right to claim severance pay continues while the employee is still employed. For example, even if the employer and the employee agreed to pay severance pay by adding it to the monthly salary, in most cases, it is decided that the employee must be paid severance pay when the employee claims it upon leaving the company. This is because severance pay is paid once upon leaving the company. This means that the right to claim severance pay continues while the employee is still employed.
But if you resign, you have to settle financial matters with each other within 14 days. If you do not receive your severance pay within 14 days after resigning, your right to claim for severance pay is valid for three years. At this time, a 20% annual interest rate will be incurred. However, if an agreement on severance pay is reached while resigning, the agreement will take precedence. For example, if there is a severance pay of 5 million won to be received, but an agreement is reached for 3 million won and it is agreed not to claim 2 million won, it will be concluded according to the agreement. This means that 2 million won cannot be claimed. It is a different result from an agreement during employment.
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