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THE CONTRACT REVIEW THREAD: Post yours here for a review
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quails



Joined: 24 Sep 2012

PostPosted: Mon Oct 08, 2012 10:49 am    Post subject: Reply with quote

This Contract of Employment (hereinafter referred to as “Contract”) is made by and entered into between ___, (hereinafter referred to as “Employer”), and the Guest English Teacher (Name) ___ (hereinafter referred to as “Employee”) a citizen of __.
- 고용기간 : 201 년 월 일 ~ 201 년 월 일
- Term of Employment : A one-year period from , 201 to , 201
- 고용등급 및 월급여 - Pay Level and Salary
□ 1+ 등급/ 한화 2,700,000원 □ 1+ level/ 2,700,000 Korean Won per month
□ 1 등급/ 한화 2,500,000원 □ 1 level/ 2,500,000 Korean Won per month
□ 2+ 등급/ 한화 2,300,000원 □ 2+ level/ 2,300,000 Korean Won per month
□ 2 등급/ 한화 2,200,000원 □ 2 level/ 2,200,000 Korean Won per month
□ 3 등급/ 한화 2,100,000원 □ 3 level/ 2,100,000 Korean Won per month


Article 1 (Purpose) This Contract sets forth the terms and conditions of employment for the Employee’s participation in the English Program in Korea as a Guest English Teacher.

Article 2 (Pay Level) ① The Employee shall be hired pursuant to this Contract with the Pay Level set forth at the beginning of this Contract.
② The Pay Level set forth at the beginning of this Contract will be contingent upon provision of all the necessary documentational proof of qualifications and experience required by the Employer to be eligible for said Pay Level.
③ Any new qualifications obtained after the beginning of the Term of Employment will not subsequently change the Pay Level during the Term of Employment; the Pay Level will remain that agreed to at the beginning of the Term of Employment.

Article 3 (Duties) The Employee shall perform the following duties in the educational institutions of the undersigned Office of Education for the period indicated above:
① Conduct Teaching English On-line for after school class(es) with Korean teachers jointly, and/or lead extracurricular Teaching English On-line for 1 to 4 class(es) base on the operation plan of Teaching English On-line of work of.
② Prepare teaching materials and lesson plans for English class(es);
③ Assist with the development and creation of teaching materials related to English language education;
④ Assist with activities related to English language education and other extracurricular activities such as but not limited to editing or creating English documents, judging contests, conducting teacher training, working at English camps, and visiting school(s)etc.;
⑤ Conduct English conversational class(es)/course(s) for Korean teachers and students; and
⑥ Perform other duties as designated by the Employer including various English programs during the Institute vacation period.
⑦ Participate in teachers' workshop(s) of Teaching English on-line conducted by Employer.

Article 4 (Supervision) The Employee shall carry out the duties set forth in the Article 3 pursuant to and under specific instruction and supervision of ___ by Employer.


Article 5 (Term of Employment) ① The Term of Employment shall be the period set forth at the beginning of this Contract. Unless separately agreed otherwise by the Employer and the Employee, this Contract shall automatically terminate at the end of the contract period set forth herein.
② If the Employee, for whatever reason, is unable to begin work on the date specified herein, the Contract shall be rewritten to indicate the new one year Term of Employment. The Contract will only take effect on the day the Employee actually begins work and the Term of Employment shall be a one-year period beginning from that day forth.
③ This Term of Employment is not and shall not be considered a continuation of any previous Term of Employment with any educational place(s). Hence, the Employer shall hire the Guest English Teacher as a new employee.

Article 6 (Resignation) ① The Employee shall perform the duties set forth under Article 3 hereof during the Term of Employment set forth under Article 5 hereof.
② This Contract is binding unless the Employee gives sixty (60) days written notice of termination (stating a planned date of resignation and reason(s) therefore) to the employer
③ Failure of the Employee to give sixty (60) days written notice of termination to the employer, shall be reported to the Korean Immigration Service and shall affect the Employee's ability to freely enter the Republic of Korea in the future.
④ In the case of the Employee's resignation his/her visa shall be cancelled.

Article 7 (Work Place) ① The Employee shall work at ___ by the Employer
② The Employer may designate multiple locations for the Employee to work at training centers or other educational institutes as occasion demands.

Article 8 (Work Hours) ① The Employee shall work eight (8) hours(From 13:00 to 21:00) per day for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and any national holidays of the Republic of Korea. However, temporary English programs run by the Employer (e.g., Teaching On-line) may occur outside the Work Hours specified in this clause and on weekends. In this case, the Employer shall pay according to Article 8, clause ③ and ④
② The Work Hours of the Employee may follow the operating plan of Teaching English On-line of work schedule of ___; however, such Work Hours may be adjusted by the Employer as he/she deems appropriate within the bounds set forth in Article 8, Clause ①.
③ Actual class instruction hours of the Employee shall not exceed twenty-two (22) hours per week. If, however, the Employee's actual weekly class instruction hours exceed twenty-two (22) hours due to supplementary class instruction, the Employee shall be entitled to a supplementary class instruction pay of 20,000 won per hour.
④ The Employer may require the Employee to work non-instructional overtime hours in addition to normal Work Hours. In this case, the Employee shall be entitled to supplementary overtime pay of 6,000 won per hour.(expect the school visiting)
⑤ If the Employee agrees to teach instructional hours that occur outside the Work Hours specified in Article 8, clause ① and that total more than 22 hours per week, the Employer shall pay according to Article 8, clause ③. If the Employee agrees to teach instructional hours that occur outside the Work Hours specified in Article 8, clause ① but that total less than 22 hours per week, the Employer shall have the authority to determine the appropriate supplementary overtime pay.

Article 9 (Salary) ① The Employee shall be paid the amount set forth at the beginning of this Contract. However, the Korean income tax, residence tax, medical insurance premium, the national pension contribution, and any other tax or withholding mandated by the various levels of government shall be withheld each month from the Employee's salary.
② The Employee's salary shall be paid on the 25th of the month. If the 25th of the month falls on a Saturday, Sunday or a national holiday, the salary shall be paid on the immediately preceding business day.
③ If the Employee has not worked all of the normal working days in a month, for whatever reason (such as sick leave, unpaid leave, etc.), the Employee's salary for that month shall be prorated for the corresponding number of days worked.
④ If the Employee should be absent from work, for whatever reason, without having obtained prior approval from the Employer, the Employee's salary for that month shall be prorated according to the corresponding number of unauthorized absent days.
⑤ The Employee shall not claim against the Employer any compensation and/or payment other than those provided for in this Contract.

Article 10 (Renewal) ① The Term of Employment stated in Article 5 hereof may be renewed by the mutual written agreement of the Employer and the Employee provided that the renewal Term of Employment shall not exceed one (1) year.
② In the case of renewal of this Contract pursuant to the foregoing clause ①, the Employee shall be given two (2) calendar weeks paid leave. This two-week leave will be counted as part of the contract term, should be taken when the class(es) of Teaching English On-line are not in session, and, accordingly, salary will be paid as normal for these two weeks.
③ The Employer shall provide the Employee with a Contract Renewal Allowance of 2,000,000 Korean Won (KRW) within one month of the beginning of the new Term of Employment. In the case of Contract Renewal (and the payment of the subsequent Renewal Allowance), the Employee shall not receive an Exit Allowance for the completion of the current Term of Employment nor shall the Employee receive an Entrance Allowance for the renewal Term of Employment.
④ In case of the termination of the Renewal Contract within the first six (6) months, regardless of course or ground therefore, the Employee shall immediately pay back to the Employer 700,000 Korean Won (KRW) of the 2,000,000 Korean Won (KRW) Renewal Allowance and the paid leave specified in the forgoing clause ② shall be unpaid.

Article 11 (Entrance Allowance/Exit Allowance) ① Upon beginning the Term of Employment, the Employee shall receive a 1,300,000 Korean Won (KRW) Entrance Allowance. The Entrance Allowance is not offered to Employees who are renewing their contract. For the first six (6) months of the Term of Employment, the Entrance Allowance of 1,300,000 Korean Won (KRW) shall be considered a loan to support the Employee's entrance into Korea. If the Employee receives a medical examination administered by Institute, the cost of the medical examination shall be deducted from the 1,300,000 Korean Won (KRW) Entrance Allowance.
② In case of the termination of this Contract within the first six (6) months, regardless of course or ground therefore (except in the event of the GET's decease), the Employee shall immediately pay back to the Employer the aforementioned loan. Failure of the Employee to pay back the aforementioned loan shall be reported to the Korean Immigration Service and shall affect the Employee's ability to freely enter the Republic of Korea in the future. If the Employee successfully completes more than six (6) months of the Term of Employment from the date of commencement, the obligation of the Employee to pay back the Entrance Allowance loan shall be waived by the Employer.
③ If the Employee successfully completes his/her duties set forth in this Contract for the full Term of Employment specified herein, the Employee shall be entitled to an Exit allowance of 1,300,000 Korean Won (KRW).

Article 12 (Housing) ① The Employer shall provide the Employee with a single housing chosen by the Employer. Housing selected by the Employer may be a leased house, a studio-type room, an apartment, or other form of lodging deemed sufficient by the Employer. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing shall be borne by the Employee. Such fees may include but are not limited to hydro, gas and water utilities as well as internet and phone service as well as a maintenance fee from the landlord.
② The Employer may choose to provide temporary housing for the Employee until appropriate permanent housing can be obtained for the Employee.
③ If the Employee wants housing allowance in lieu of the single housing set forth in the foregoing ①, the Employer shall provide the Employee with 400,000 Korean Won (KRW) per month as a rent subsidy upon the mutual agreement between the Employer and the Employee. In this case, the Employee shall notify the Employer of his/her decision to request housing allowance during the application stage.
④ Once housing is decided, it shall not be subsequently changed during the Term of Employment. Any and all costs incurred by the Employee as a result of changing Housing during the Term of Employment shall be borne by the Employee.
⑤ If the Employer provides housing to the Employee, the Employer shall provide the following appliances and furniture: a bed, table and chair, a closet, a gas or electric range, a refrigerator, a washing machine, and a TV set. The Employee shall not request or demand any other appliances or furniture than those stipulated herein.
⑥ If the Employee uses the housing provided by the Employer, the Employee shall leave the housing on the day after the final day of the Contract.
⑦ If the Employee uses the housing provided by the Employer, the Employee shall leave the housing in the same condition as when it was first occupied and the Employee shall be liable for any damage to the building and appliances occurring during the period occupied by the Employee.
⑧ The Employer shall provide couples housing only to married couples jointly employed by the Employer. If the couple holds different last names, they must prove their marital status with a marriage certificate or other relevant documentation.

Article 13 (Benefits) ① The Employee shall be entitled to a one time Settlement Allowance of 300,000 Korean Won (KRW), when he/she first begins the contract. This Settlement Allowance will not be granted in the case of a Contract Renewal.
② On behalf of the Employee, the Employer shall provide 50% of the Employee's medical insurance premium (including the medical insurance premium for the Employee's dependents in the event the dependents of the Employee (spouse and/or children) live with him or her in Korea) pursuant to the National Medical Insurance Act of Korea.
③ Employees, with the exception of Canadians and Irish, shall be eligible for exemption from paying Korean income tax during the period of the first two years of employment in Korea if they provide the following documents to the Employer before the first payment of salary:
1) "Residence Certificate" issued by the relevant authority of the Employee's resident country 2) “an Application for Tax Exemption" on non-resident's Korean source income provided under the Korean Tax Treaty. If the Employee has already worked more than two years in Korea, he/she shall not be eligible for tax exemption.
④ The Employer, on behalf of the Employee, shall provide half of the national pension plan deduction (approximately 4.5% of salary) pursuant to the National Pension Corporation Act of Korea. American, Australian or Canadian Employees are eligible for a pension distribution refund if they submit the required documents to the Korean National Pension Corporation when they leave Korea after the completion of their Contract.
⑤ The Employee shall be entitled to severance pay according to the standard formula set out by the Ministry of Labor (equivalent to approximately one month's salary), upon successful completion of the duties set out herein for the entire Term of Employment.
⑥ The Employer may provide a special allowance to an employee who has made a great contribution to the Employer and/or who is determined to work at a special institute by the Employer.

Article 14 (Paid Leave) ① The Employee shall be entitled to a vacation period of a total of eighteen (18)working days during the Term of the Employment set forth under Article 5 hereof. The Employee shall have vacation for eight (8) working days during the summer recess and ten (10) working days during the winter recess respectively. and paid leave shall be taken when the class(es) of Teaching English On-line are not in session by the Employer.
② The Employee shall apply for and obtain the Employer's consent to take any paid leave a minimum of fifteen (15) calendar days in advance of the requested date of leave.
③ During the Teaching English On-line term, the Employer may allow the Employee to not come to work on the day(s) according to circumstances and these days will not be considered part of the Paid Leave set forth in the forgoing clause ①.
④ Regardless of the number of days over which the Paid Leave falls, eight (8) accumulated hours of Paid Leave shall be counted as one day. This includes tardiness, early leave, other absences during the work day and/or half-days of Paid Leave. A total of less than eight (8) hours will not be counted.

Article 15 (Sick Leave) ① The Employee shall be entitled to a paid Sick Leave in the case of any illness or injury which prevents the Employee from performing the duties herein only with the express consent of the Employer. The Employee shall notify the Employer of any absence due to sickness within one (1) hour of the beginning of the Employee's duties.
② The Employee's paid Sick Leave during the Term of Employment shall not exceed eleven (11) working days. Regardless of whether the sick-leave days are consecutive or individual, the Employee shall not require a doctor's note for the first three (3) days of sick leave taken during the Term of Employment. However, a practicing doctor's medical report shall be required for any sick-leave periods taken above the three-day threshold, whether these days are consecutive or individual. The time period of the sick leave must not exceed the period advised by the physician's report. Letters from a physician must be submitted to the Employer on the first day that the Employee returns to the work place.
③ If the Employee requires a Sick Leave of more than eleven (11) working days during the Term of Employment, any working days beyond the 11-day limit will be unpaid.
④ The total number of days of Sick Leave (both paid and unpaid) used by the Employee and the reasons for taking Sick Leave will be included in the Employee's Personnel Record Card, which shall be utilized by the Employer to evaluate the Employee's conduct and determine the Employee's contract renewal.

Article 16 (Special Leave) ① The Employee may take a paid Special Leave for a number of days as set forth below for each of the following events stated herein only with the express consent of the Employer: The duration of the Special Leave shall include Saturdays, Sundays and national holidays of the Republic of Korea.
1. Seven (7) calendar days for the Employee's marriage.
2. Seven (7) calendar days for the death of an Employee's parent or spouse; five (5) calendar days for the death of an Employee's child.
3. In case of a female Employee, ninety (90) calendar days shall be granted for a maternity leave. In the case of maternity leave, only the first 60 days shall be paid leave; the last 30 days shall be unpaid leave.

Article 17 (Codes of Conduct) ① The Employee shall not behave in any manner which may damage or tarnish the reputation of the teaching profession in general and the undersigned Employer in particular.
②The Employee shall observe and comply with any codes of conduct and dress applicable to Korean teachers.
③ The Employee shall not engage in any other employment (including any part-time, private or self-employment, or online instruction) during the Term of Employment set forth under Article 5 hereof.
④ The Employee shall not be involved in any activity which could cause harm to the students or be of detriment to the reputation of the institute.
⑤ Employees must not disclose any confidential information about their co-workers, institute or program that they have acquired during their term of employment.

Article 18 (Termination of the Contract) ① The Employer may legally terminate or cancel this Contract upon occurrence of any one or more of the following events:
1. The Employee violates the laws of the Republic of Korea.
2. The Employee works in Korea without holding the required valid visa such as E-2 visa, etc.
3. The Employee fails to perform or unsatisfactorily performs any of the duties stipulated in this Contract. In this event, the Employer shall provide formal written notice of unsatisfactory performance to the Employee. Three of more written notices shall be considered sufficient grounds for termination fo the Contract.
4. The Employee engages in any other employment (including any part-time, private or self-employment, or online instruction) during the Term of Employment set forth under Article 5 herein.
5. The Employee fails to perform his/her duties for more than five working days without receiving prior consent from the Employer.
6. Any of the information provided in the Employee's application is false or inaccurate.
7. It is determined that the Employee is prevented from or incapable of performing the duties set forth under Article 3 hereof for any medical reason, whether it is physical or psychological in nature, including chronic ailments such as diabetes Mellitus, high blood pressure, chronic liver disease, tuberculosis, neurologic disorder, substance or alcohol addiction, etc.
a. If requested to take a physical and/or psychological examination by the Employer, the Employee must make themselves available within two (2) working days for the medical examination.
b. The Employee must complete a medical examination (HIV, Drug etc) in Korea for the purpose of working in Korean public schools and educational institutions. If requested by the Employer, the Employee must submit the results to the Employer immediately.
8. The total number of days of sick leave (both paid and unpaid) used by the Employee pursuant to Article 15 hereof exceeds thirty (30) days.
② In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing clause ①, the Employer shall pay the Employee a prorated salary based on the number of days actually worked by the Employee.
③ In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing clause ①, the Employee shall immediately refund the loan to the Employer pursuant to Article 11①.
④ In such event, the Employer will not pay the Employee the Exit Allowance. The Employee's visa will subsequently be cancelled.

Article 19 (Completion of Mandatory Orientation and Training, and Evaluation of Teaching Performance and Conduct) ① The Employee shall complete all training deemed necessary by Gyeongsangbuk-do Education Research Institute. This includes but is not limited to an orientation held before the beginning of the Term of Employment and/or in-service training during the Term of Employment.
② The Employee will not be entitled to compensation for any portion of the mandatory orientation which falls outside the Term of Employment as stipulated under Article 5.
③ The Employee shall participate in any training program(s) upon request of the Employer.
④ The Employee shall sincerely participate in the Evaluation of Teaching Performance and Conduct required by the Employer.

Article 20 (Indemnification) The Employee hereby agrees to indemnify, defend and hold harmless the Employer against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of or resulting from any negligent, intentional or illegal act of the Employee during the Term of Employment under this Contract.

Article 21 (Consent to Limited Release of Information) ① The Employee grants his/her consent that the information in the Employee's application form and/or Personnel Record Card may be used for the purpose of statistical data collected by the Employer and/or the Korean government, for his/her contract renewal with his/her current Employer or his/her new application to other provinces.
② The Employee agrees that the evaluation results stipulated in Article 19, Clause ④ may be used for his/her contract renewal with his/her current Employer or his/her new application to other provinces.

Article 22 (Governing Law, Language and Venue) ① The terms of this Contract and the rights and obligations of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.
② The governing language of the Contract shall be Korean. The English translation of this Contract is offered for the purpose of convenience only.
③ If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first try to resolve it in accordance with the principle of good faith. If the parties fail to mutually resolve such disputes or disagreements or come to amicable settlements, their disputes or disagreements shall be resolved by arbitration in Seoul, Korea in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board.
④ Matters not explicitly stated in the Contract shall be determined by the Employer by taking the Employee's concerns into consideration.

Article 23 (Signature) In witness whereof, the parties hereto sign the Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy for the Employee's visa application.
서명일 (Dated): 201 . . .


고용자 (Employer's signature)--

_____________________________________
성명 (Name) 이 영 우
직책 (Position): 경상북도교육감
피고용자 (Employee's signature)

--_____________________________________
성명 (Name)
Passport No.:

Notes: I took out most of the Korean and I think I removed all the identifying information. Is it wise to assume that the English translation is accurate, or should I post the whole thing?

(Edited to remove smilies that replaced all the (8)s!)
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Mon Oct 08, 2012 9:06 pm    Post subject: Reply with quote

Quote:
The Employer may require the Employee to work non-instructional overtime hours in addition to normal Work Hours. In this case, the Employee shall be entitled to supplementary overtime pay of 6,000 won per hour.(expect the school visiting)


Do you agree to this? I would if I knew how many of these I had to do and relative to overtime hours. If I had the time and energy, 4 overtime hours for every 1 office hour at 6,000 would give 86,000 (17,200). The norm is 18-20,000. So, they would be paying lower than average.

If I worked 3 months or so and they just want an odd hour extra, no big deal. They have to have a good record before I work for 6,000.

Quote:
Is it wise to assume that the English translation is accurate, or should I post the whole thing?


Are you actually going to be a GET teacher? Last time I looked into it, I thought it was more of a part-time thing. I worked through GEPIK and another teacher did GET at the same school. It was more of an afterschool thing for her.

If you work full-time it doesn't look that bad. I would look into location and find out who you will work with. If it is in Pyeongtaek, it might be the school I worked at (which was pretty decent to work at, but the location might be bad to you).

I'd give this one a try. They probably won't do anything about the 6,000 deal, but I would at least let them know my opinion that I didn't like it. If it ever becomes an issue (too many of these), then you can remind them that it was a concern brought up in the beginning.

This makes it easier to break contracts if the need arises.
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quails



Joined: 24 Sep 2012

PostPosted: Tue Oct 09, 2012 10:33 am    Post subject: Reply with quote

YTMND wrote:
Quote:
The Employer may require the Employee to work non-instructional overtime hours in addition to normal Work Hours. In this case, the Employee shall be entitled to supplementary overtime pay of 6,000 won per hour.(expect the school visiting)


Do you agree to this? I would if I knew how many of these I had to do and relative to overtime hours. If I had the time and energy, 4 overtime hours for every 1 office hour at 6,000 would give 86,000 (17,200). The norm is 18-20,000. So, they would be paying lower than average.

If I worked 3 months or so and they just want an odd hour extra, no big deal. They have to have a good record before I work for 6,000.

Quote:
Is it wise to assume that the English translation is accurate, or should I post the whole thing?


Are you actually going to be a GET teacher? Last time I looked into it, I thought it was more of a part-time thing. I worked at GEPIK and another teacher did GET at the same school. It was more of an afterschool thing for her.

If you work full-time it doesn't look that bad. I would look into location and find out who you will work with. If it is in Pyeongtaek, it might be the school I worked at (which was pretty decent to work at, but the location might be bad to you).

I'd give this one a try. They probably won't do anything about the 6,000 deal, but I would at least let them know my opinion that I didn't like it. If it ever became an issue (too many of these), then I can remind them that it was a concern I brought up in the beginning.

This makes it easier to break contracts if the need arises.


It is a full-time GET position in Andong. A couple of my friends work there (they're the ones who hooked me up with the interview and everything), and they say the hours are great. I'll ask them about the overtime situation, though. Thanks!
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jargonscott



Joined: 11 Mar 2012

PostPosted: Wed Oct 17, 2012 10:14 am    Post subject: Reply with quote

deleted

Last edited by jargonscott on Fri Nov 02, 2012 12:03 am; edited 2 times in total
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Wed Oct 17, 2012 11:08 am    Post subject: Reply with quote

Quote:
1. TEACHER'S DUTIES


Schools like to make the teacher an independent contractor instead of an employee. To make sure you are an employee (which get you more benefits) have them change it so the contract reads, "employee" where it might state "teacher" or "instructor".

Quote:
B. Teacher’s salary shall be paid on the 20th of each month. If this day falls on a national holiday, Saturday, or Sunday, the salary shall be paid on the immediately preceding business day.


What does this mean? 10 days before you finish a month or 20 days after you finish a month? Seems strange and bad either way. Normally, it should be the 10th of the following month or before. I try to get paid on the 5th or earlier, giving 5 more days if they really need.

Quote:
E. For extra teaching hours aside from the normal 30 hours per week, Teacher shall be offered supplementary class instruction pay at the rate of 20,000 KRW per hour (or 15,000 KRW per 45-minute class time).


Do you agree to this? If the other issues are resolved, I would ignore this. Personally, it wouldn't matter in this case.

Quote:
D. In accordance with Korean National Tax laws, airfare is a taxable income not a cost-compensatory pay. Therefore, the Korean income tax payable shall be withheld from Teacher's salary.


I don't really agree with this. Are they saying they will pay you less at the end of the year or monthly? If so, no go for me.

Quote:
E. If necessary, Principal shall provide temporary housing until appropriate housing for Teacher becomes available.


How long is "temporary"? After reading some of these clauses, I would now be questioning everything. It's becoming less worthwhile to gamble on. I would need to visit the school, see the housing, and walk around the vicinity I would be living in before signing a contract.

Quote:
B. In the event that this Contract is terminated, Teacher or Principal shall give a 15-day (60-day in case of above point A-c, unavoidable circumstances) prior written notice of termination of the Contract to the other party.


This doesn't make sense. If it is terminated, shouldn't you have given notice well before? Anyway, it's usually 30 days and schools like to put 60 in for the employee.

Quote:
C. In case of termination attributed to Teacher's fault or preference, he/she shall provide his/her own return-trip airfare, and his/her E2 visa shall be canceled. If Teacher worked less than 6 months during the term of employment, Teacher shall return to Principal the amount received for his/her in-bound airfare. If Teacher worked for 6 months or longer, Teacher's obligation to pay back the airfare is waived.


Finally, a clause that is worded accurately.

This contract is not written well and it leaves a lot of questions unanswered about the school. I think you need to visit the school and see if you get along with the head English teacher (assuming you are going to a public school).

Parts of the contract indicate it is not a public school (like the hours and telling you that you will go to different locations), so I don't know why they used "principal".
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ibanezhomie



Joined: 07 Jun 2012

PostPosted: Fri Oct 19, 2012 9:44 am    Post subject: Reply with quote

EMPLOYMENT CONTRACT
This contract is made and entered on AVALON ENGLISH in Gwangju _________ as an AVALON English Teacher (here in after called "The Employee"). Both parties agree as follows:
Article 1. EMPLOYMENT OF EMPLOYEE
The Employer wants to employ the Employee as an English teacher for the Employer and the Employee agree to work for the Employer as an English teacher in GWANG JU Gwangsan District, Korea.
Article 2. PERIOD OF EMPLOYMENT
The period of this contract is one year beginning from the date of the Employee`s first working day at the institute, Korea.
Starting Working Date : November , 2012
Finishing Working Date : November , 2013
Article 3. SALARY AND WORKING HOURS
a. The minimum teaching requirement is an average of thirty (30) hours per week (this is purely teaching hours ie time spent teaching classes), such average being calculated over each month. Monday through to Friday are teaching days except for scheduled public holidays and AVALON holidays. The employee should be in the school 30minutes prior to the first class
b. The Employee will have 10 days holidays. This includes AVALON summer and winter holidays for one year contract period..
The Employer shall pay 2.1million_Won(Korean currency) as a gross salary monthly.
Payment shall be made once a month. In no event shall the Employee wait any longer than 31 calendar days to receive his/her monthly salary. Payment will be made on the 10th of every month UNLESS prior notice is given to the Employer in writing.
Income tax (4%) shall be deducted from the gross salary in accordance with the Korean Tax Code.
Article 4. OVER-TIME PAY
If the Employee works more than 30 hours a week (this is purely teaching hours ie time spent teaching classes), he/she will be paid 18,000 Won per hour for the extra hours. This will be paid in addition to the salary at the end of each month.
Article 5. POLICIES
The following policies have been established to assist instructors in the regular performance of their duties. The Employer will have the right to dismiss the Employee for clear and frequent neglect of duties under this agreement.
a. The Employer shall request the resignation of the Employee, if the Employee is found to be guilty of gross misconduct in the execution of his/her teaching duties. If this gross misconduct brings a negative effect to the classes, the Employer will dismiss the Employee and shall be free from any responsibility. However, the Employee will be notified in writing to ensure that the Employee is given adequate opportunity to correct the misconduct.
b. Professional dress and grooming in the word place are essential to maintain the desired reputation. The Employer is responsible for establishing guidelines for professional dress.
c-i. The Employee must behave in a professional manner during the class. The Employee needs to be aware of the differences in the cultural background of Korean students and their expectations of the teachers, when the Employee socializes with them outside the class.
c-ii. The Employer will give full training to the New Employee. The Employer will be responsible for the training of the following:
1)Teaching methods. ie. teaching students
2)Cultural differences.
And any other points that are related to the teaching at AVALON
d. The Employee should attend all staff meetings as requested by the Director. If the Employee needs to be absent, the Employee must inform the Director or Assistant Director Prior to the meeting.
e. The Employee is required to interview new students and evaluate their placement level.
f. The Employee shall return all instructional and related material to the institute following completion of each session. The Employee may retain adequate materials to prepare for future class sessions.
g. The Employee shall strongly adhere to prepared teaching materials for each class and always be honest and diligent in teaching students in all classes.
h. The Employee shall agree not to teach at any other institute and place without permission of the immigration Office.
i. If the Employee seeks release from the contract for cultural differences, homesickness or personal problems, the Employee should report to the Employer. In this case, the Employee has to agree to work up to until the new instructor has arrived (Not more than 3months). And the Employee should return the airfare, received from the Employer if the Employee has worked not more than 3 months. The Employee would be responsible for the return ticket.
j, The Employee will agree to prepare all class lessons in advance such as lesson materials, photocopies et cetera. Staff meetings, report writing, telephone interviews, student interviews,
open class, talent show excursions,
seminars and any teaching related by the Employer which do not incorporate into
teaching hours. These roles are part lf teaching preparation and teaching requirements ~ extra payment, not given.
Article 6. BENEFITS
a. Accommodation: the Employer will arrange accommodation in mutual agreement with the Employee. The Employer will arrange and pay for a fully furnished accommodation for the period of the contract, and the Employee shall pay living expenses including electricity, water, gas, oil, phone bills etc. The Employee can share a furnished apartment with other teachers or can stay in a furnished apartment alone.
b. Health and Travel Insurance : Medical(Health) accident and Travel insurance will be offered to the Employee. The annual payment will be split between the Employee(the Teacher) and the Employer(the Institute). For further details with regard to your insurance refer to your insurance guide book.
c. Travel allowance: The return airfare will be provided only after the completion of the one year contract.
d. The Employer's renewal of contract
1) The Employer reserves the option to renew the contract, provided that the Employee agrees to the renewal.
2) The Employer will give the Employee 60-days notice before renewal or non-renewal of the Employee's current contract.
e-i. If the Employee agrees to renew his/her contract or complete his/her one year contract, severance pay of one month's salary will be paid to the Employee.
e-ii. Severance pay will ONLY be paid to the Employee after completion of the one year contract.
Article 7. GOVERNING LAW AND JURISDICTION
Any dispute arising under or in connection with this contract shall be submitted to binding arbitration to be conducted in Korea in accordance with the related Korean Regulations and Codes. The parties agree to comply with all applicable laws in their performance of this Agreement.
In WITNESS WHERE OF the parties have caused this contract to be executed as of the date of this contract.
____________
Employer's Signature Employee's Signature
__________________________
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Fri Oct 19, 2012 2:31 pm    Post subject: Reply with quote

Quote:
Payment shall be made once a month. In no event shall the Employee wait any longer than 31 calendar days to receive his/her monthly salary. Payment will be made on the 10th of every month UNLESS prior notice is given to the Employer in writing.


Too vague. It should be Employee, not Employer. I wouldn't wait one month, but that is the law. I just wouldn't want it stated in the contract. It's not needed. I try to get the 10th mentioned, expect it on the 5th or before, and give 5 more days if they really need it.

Either rewrite it, or it would be a no go for me. It's a very short contract and leaves out a lot of details seen in other contracts.
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Skodaboy



Joined: 07 Oct 2006

PostPosted: Sat Oct 20, 2012 7:23 am    Post subject: First Timer with contract Reply with quote

withdrawn

Last edited by Skodaboy on Wed Oct 31, 2012 4:22 am; edited 4 times in total
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Sat Oct 20, 2012 9:00 am    Post subject: Reply with quote

Quote:
5.4 Housing
The Employer shall select and provide the Employee a furnished Single housing with no sharing. Institute shall provide furnishings (TV, Air conditioner, Washing machine, a Single sized bed, a Gas stove) and monthly rent for the selected location with the exception of maintenance, including water, gas, electricity, and phone bills.


Pictures would be nice if you can't visit the school.
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battiecrumlish



Joined: 19 Aug 2012
Location: Ireland

PostPosted: Sun Nov 04, 2012 1:53 pm    Post subject: 1st ever contract looking for opinions Reply with quote

1. Employment Terms
Dec , , 2012 to Dec , , 2013

Employee accepts employment from employer to teach English under the terms and conditions set forth here in this agreement.
This agreement is renewable after one year if both parties agree.
Computation of the initial (first month's) salary will commence from the 1st day of actual teaching at the Institute and will therefore NOT include the orientation period necessary for familiarization with the Institute's curriculum and the Employee's duties.

2. Duties

The total teaching requirement is 120 actual teaching hours per month.
During the term of this agreement, the employee will accept, obey, and comply with the instructions, supervision, training and discipline of the employer and will carry out all required administrative duties connected with classes assigned by the employer. These duties will include, but are not limited to: instruction in any and all phases of the instructional program, administrative duties related to the employee's classroom duties, and attendances at scheduled staff meetings and workshops. No payment in excess of or in addition to employee's monthly salary will be made for attending meetings or workshops scheduled by employer. The employee will be required to work on a regularly set schedule. Working hours may be generally from 9:00 to 6:00pm, Monday through Friday.

3. Compensation and Other Treatment of Employee

3.1 Transportation:

Employer will provide for employee an economy class ticket for passage to Korea from an international airport which is mutually agreed to by employer and employee. On completion of the full contract period, employer will provide for the employee and economy class ticket for passage from Korea to point of departure. The employee will be provided with a return ticket when the extended period of the contract has been completed or as soon as the school has discharged the teacher from duties if prior to the end of this extension period. After completing contract in the school, if the employee decides to keep residing in Korea for any reason (such as getting hired by another school or etc..) the employer is neither responsible for providing return flight nor cash . equivalent to the flight ticket . But After the employee complete the contract, if the employee elects to travel somewhere besides their home country, the employee will be paid ₩400,000 won in cash instead. If the employee is dismissed or leaves the Institute voluntarily during period of employment, s/he will reimburse the school for the cost of air transportation to Korea .(or, the school may deduct the amount of the airfare from the Teacher's final payment. ) .

3.2 Salary:

Except for the period of orientation and training, employer will pay employee for the minimum teaching requirement the amount of ₩2.100.000 for each month of this agreement. Overtime payment is made at the rate of ₩18.000 per hour. Teaching salary will commence from the first day of teaching. Korean income taxes and Korean National Pension Scheme will be withheld. Monthly salary payments will be made on the fifth day of every month. Employee will be asked to take overtime of one more hour a day if needed, which employee cannot turn down.

3.3 Severance Payment:

Dependent upon completion of at least one full year of employment with employer, employee will be given, exclusive of monthly salary payments, an additional 1/12th(one twelfth) of one month's total
earnings for each month of employment since commencement of employment with employer. Korean Severance Tax will be withheld. This payment is made at the time of termination of employment, including any periods subsequent to that covered under this agreement.

3.4 Holidays and Vacation:

The Employee is entitled to use a total of 10 days as paid vacation during the one (1) year employment term in addition to the Korean national holidays. The Employer shall schedule five (5) of the paid vacation days to coincide with the school’s operating schedule.
And the remaining five (5) paid vacation days can be chosen by the Employee and it must be satisfying conditions as below; It can’t be attached to national holidays ( New year, Chuseok, Christmas etc ) and it can’t be used two days consecutively and only one time in a month. Should the date be overlapped with another teacher, it must to be scheduled to another date. The Employee has to notify the Employer 4 weeks in advance that he/she will take a vacation.

3.5 Housing:
Employer will select and provide a semi-furnished living Accommodations (including bed, refrigerator, TV, telephone, table and gas range, etc) for employee. Employee will be responsible for all utility and telephone charges. Employee agrees to deduction of ₩300.000 from the first month salary as housing management deposit.


3.6 Medical Insurance:
Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The costs of this coverage will be borne half by employer and half by employee. Payment will be made by monthly deduction from employee's salary.

4. Dismissal or Voluntary Resignation

4.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity.

4.2 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will pay salary due to date of termination.
In case of voluntary resignation, the employer requests a 3 months notice prior to the dismissal date. Employer will not pay the cost of return transportation to point of departure for employee, nor will
employer pay any severance pay. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of relocation allowance given on arrival in Korea and the cost if air fare provided for travel to Korea.

5. Covenants

Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment will any persons or organizations other than the employer. To undertake such employment is a breach if Korean Immigration law and can have serious Consequences.

6. Jurisdiction

This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute of
claim arising out of, or in connection with, this agreement. Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of the
employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of the employer and employee have affixed their signatures.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Sun Nov 04, 2012 7:28 pm    Post subject: Reply with quote

Quote:
will therefore NOT include the orientation period necessary


Small issue, find out how long this will be.

Quote:
The employee will be required to work on a regularly set schedule. Working hours may be generally from 9:00 to 6:00pm, Monday through Friday.


This is a bigger issue, 120 teaching hours but they have 160-180 (counting a lunch break).

It's the extra 40+ hours you want to see about.

If they give you block hours and let you come and go between the blocks (not classes), then it should be fine.

If they schedule only 2 classes together and then make you wait, then you are actually giving them more office hours while you wait for your 3rd and 4th classes.

I give schools 4 class blocks with one break within that range to stretch my availability. In your case, this is about 40 hours/week at worst. So, I would have a big problem if they handed me a schedule with more than 160 actual hours/month.

Ask for a current schedule and see when the teacher is teaching and when there are breaks. Are you able to leave the school and come back?
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Mrsk



Joined: 22 Aug 2012
Location: Canada

PostPosted: Wed Nov 07, 2012 4:59 pm    Post subject: Reply with quote

Description: This document describes a contractual agreement between little fox / Park’s English Language School(박정영어학원) and the teacher ¬¬¬¬ .


Name :
Date of Birth :
Citizenship :



1. PURPOSE OF THIS CONTRACT:

The teacher will teach students at the Center at the times designated by Little fox / Park’s English Language School(박정영어학원). During the term of this agreement, the teacher must follow and strictly comply with the Center's policies and guidelines.


2. DURATION OF THIS CONTRACT:

The Center and the teacher agree that the teacher shall teach at the school for a year
, starting from 27 th of September . The teacher must inform the Center of whether he or she wishes to exercise the option of renewal of contract or not, three months prior to the end of one year's service.




3. TEACHER'S DUTIES:

1) The teacher will take personal responsibility for knowledge and understanding of all material in the Center. The teacher shall faithfully teach and train students guided by the Center.
2) The teacher is already informed of and agrees with the condition that the principal of the Center will attend the class during the class time without knocking and watch what the teacher is doing and discuss the way the teaching done in or after class. And the teacher shall follow the principal's advice and guide suggested by this process.
3) The teacher will work according to the Center's schedule and should follow schedule changes which may occur.
4) The teacher is required to prepare all weekly report related with the students recordings, and monthly evaluation reports (to be completed by the assigned deadline).
5) The teacher is required to attend teachers’ meeting to discuss teaching for a week.
6) The teacher will be required to have a weekly meeting with the principal to discuss their children's needs and progress when it is necessary.
7) The teacher should not conduct class under the influence of alcohol, while smoking, or under the influence of illegal drugs. He or she should not make sexual advances or enter into relationships with students or employees of the Center.
Cool Teacher should not get the cellular phone calls during the class time.
9) The teacher should present themselves as neat and professional to the students. Casual attire, provided it is clean and neat, is acceptable.
10) The teacher should not be late for a class or meeting.
11) For smooth launching , the teacher is required to get one week's no paid orientation. During the period, the teacher is to observe other teachers' classes, to study curriculum,
and make lesson plans, etc.





4. TEACHER'S WORKING HOUR & SALARY:

1) Hour means 60 minutes. And the Working day is from Monday to Friday.
2)The severance pay equivalent with one month’s salary will be paid when the teacher finishes the contract sincerely.
3) Salary will be paid monthly on the 18th day of the next month.
4) The teacher has to pay approximately 3.3% per month as withholding tax according to Korean tax law.
5) There happens one or two over time lessons a day during a vacation. Some students have extra lessons in the morning during a vacation. Over time lessons will be paid 15,000 won per hour.
6) When the teacher teaches additional teaching hours, bonus pay 15,000 won per hour will be paid for those hours.
7) The work usually starts at 3:00p.m. and ends at 9:00 p.m. It has one hour's preparation. The teacher should come to school by 2:00 p.m. for the preparation of the class and study the materials provided at the designated place.
The salary is 2,200,000 won per month for maximum six hours' class and one hour's preparation. The schedule may be flexible according to the condition of the Center.


5. LIVING ACCOMMODATION:

1) The living accommodation is provided for and arranged by the Center that the teacher is placed in. The teacher may get a studio which is built just for one person or share an apartment with a co-teacher which has two rooms.
2) The basic apartment furnishing shall include: basic cooking utensils such as pots, pans and dishes; a stove; a refrigerator, a bed with clean linen; a washing machine; and an air conditioner.
3) The teacher will be responsible for paying the costs for all utilities such as heat, light, cable, telephone, and water.
4) The teacher will be responsible for any refundable deposits required to have a telephone connected to their apartment. This amount will be paid by the teacher.


6. AIR FLIGHT TICKET:

1) In case the teacher is already in Korea: If the teacher needs visa running, the Center will provide the teacher with a round-about air ticket to Japan for the visa running. And the Center will also provide an air ticket to the teacher's country, but this is done only when the teacher completes the contract period.
2) For the case, when the teacher renews the visa in the middle of this contract period, the Center will provide an air ticket for the visa running.
3) In case the teacher is in his or her country: The teacher buys a one-way ticket from his or her country and lets the Center know the expense in advance. After arriving in Korea, the Center will reimburse the expense. After the completion of the contract, the Center will provide a one-way ticket to the employee's country.
4) For the both cases, when the teacher cannot complete the contract period because of his or her own fault, the Center has no obligation to provide the ticket to go home, and the teacher must return the expense already paid for the visa running or the one-way ticket used to come to the Center.
5) If the teacher finds another job in Korea after completing the contract, the center has no obligation to provide the ticket to go home.


7. VACATION TIME:

1) 10 days' paid vacation per year. The vacation is done the week days.
2) All Korean national holidays will be paid, minus scheduled overtime classes for that specific holiday.
3) The vacation schedule is arranged by the Center.

8. KOREAN MEDICAL INSURANCE:

Optional medical insurance will be offered to the teacher, 50% of the health and accident insurance fees offered from the designated insurance Company will be provided by the Center and the additional 50% cost will be deducted from the teacher's monthly salary. The coverage will be exclusive to the policy provided by the Insurance Company.




9. PRINCIPLE OF GOOD FAITH:

The Center and the teacher shall execute the terms and conditions or this agreement upon the principle of good faith. This includes, according to Korean Law, the employee shall not conduct private lessons outside of or on the premisses of the Center. The employee will also agree not to work at any other Institution without the permission of the Center.




10. DUTY OF CONFIDENTIALITY:
1) The teacher shall not disclose any of contents of this agreement, including salary, or bonus' and individual work agreements to a third party (with the exception of legal counsel but including other employees of the Center)
2) The teacher shall not disclose any information relating to the contents of lecturers and business operation of the Center without prior permission of the Center. Violation of this portion of the contract will cause the teacher to be responsible to compensate the Center for all possible losses suffered by the Center.

11. DISMISSAL/RELEASE FROM CONTRACT:

1) The Center shall have the right at its sole discretion to dismiss teacher for clear and frequent neglect of duties under this agreement, including, but not limited to, frequent absences without good reasons; criminal or other conduct inside or outside the Center that would harm the reputation of the Center, students, or staffs; inability to perform duties under this agreement, especially related with teaching ability; too much complaint from students or parents. Before any such dismissal, teacher shall be warned of dissatisfaction with performance and shall be given 10 working days in which to remedy the same.
2) Both parties have the right to make the contract null and void under one of the following circumstances.
a. The health of the teacher is such that it is deemed impossible for the him/her to continue teaching.
b. Blatant misconduct by teacher.
c. Teachers violate Korean Law.
3) Teacher shall notify the Center one month in advance in writing or by spoken when the teacher wants to resign : with reasonable and adequate reason. In case of breaking the contract due to a personal reason, the teacher has to pay back all of expenses needed for the employment like airplane fare, agent cost etc as already mentioned or the Center will deduct the expense from the last month's salary.





12. UNDERSTANDING:

Both parties have read the above conditions and agree to terms in good faith and will attempt to resolve any dispute in a reasonable manner. All decisions that cannot be resolved by the two parties above will be solved in accordance to Korean Civil law.

We Little fox/Park’s English Language School(박정영어학원) (the Center) and
(the teacher) agree on the contract as stated above.




Date : 2012. . .



The Center The Teacher
Name : 박정영어학원 Name :

Signature: Signature:
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Wed Nov 07, 2012 9:29 pm    Post subject: Reply with quote

Quote:
starting from 27 th of September

Correct this.

Quote:
11) For smooth launching , the teacher is required to get one week's no paid orientation.


3 days would be fine, but I think you should be compensated for some of the week. They should at least give something. Use this as a negotiating tool when talking about something else. It could even be a request you have, like with scheduling.

Quote:
1) Hour means 60 minutes. And the Working day is from Monday to Friday.


And what is the schedule? 60 is too long for an average 25 class per week job. Usually, it's 40-50 minutes per class. How many classes do they want?

Quote:
3) Salary will be paid monthly on the 18th day of the next month.


That is much too late. I like to be paid on the 5th or earlier. If they need more time, then until the 10th. You finished the month, either they should compensate you for work well done or fire you for not doing well. They shouldn't get 3 extra weeks from you. That would mean you are always giving them 7 weeks labor before getting paid.

Would you give them 75% of your salary for a security deposit? In this case it would be 1,650,000 won. This is a major deal breaker for me.

Quote:
5) There happens one or two over time lessons a day during a vacation. Some students have extra lessons in the morning during a vacation. Over time lessons will be paid 15,000 won per hour.


The average is 18,000-20,000.

Quote:
The salary is 2,200,000 won per month for maximum six hours' class and one hour's preparation. The schedule may be flexible according to the condition of the Center


This is badly worded. You need to find out a weekly schedule. Get a sample schedule.

Quote:
The teacher may get a studio which is built just for one person or share an apartment with a co-teacher which has two rooms.

Who decides?

Quote:
the teacher must return the expense already paid for the visa running or the one-way ticket used to come to the Center.


Usually after 6 months you don't have to do this.
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Mrsk



Joined: 22 Aug 2012
Location: Canada

PostPosted: Thu Nov 08, 2012 3:36 am    Post subject: Reply with quote

Thanks for the input. I have my recruiter working in some things. Just wondering, does anyone ever work national holidays?
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Thu Nov 08, 2012 4:33 am    Post subject: Reply with quote

At public schools, no. At language schools (hagwons), it depends on the school. Sometimes they get you to work a Saturday following a holiday. So, you don't really get it off, but at the same time you get a longer period off for the holiday.

To be an issue, there really needs to be other problems with the school. If you are at a good school, a shift in schedule as I mentioned is just a small bump. If they do it every month, then yea I would talk to them about it.
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