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THE CONTRACT REVIEW THREAD: Post yours here for a review
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littletelly94



Joined: 02 Dec 2012
Location: Korea

PostPosted: Thu Dec 13, 2012 9:56 pm    Post subject: Reply with quote

Just wanted to see if anyone can look over this one.

I'm only confused about the vacation days, and the rest of it looks okay I think. Any other red flags?

Chain school with a fair salary IMO.

----

The Parties agree as follows:

I. TERM OF CONTRACT

1. This contract begins _ and ends _.
However, the actual starting date is when the Employee first starts working at the campus. If the contract ends in the middle of the semester, then the last day is changed to the end of the semester.

II. EMPLOYEE REQUIREMENTS

1. The Employee will act in a professional manner and be responsible for conducting professional English Language classes.

2. The employee will be required to work on a regularly set schedule. Working hours may be slightly extended or changed depending on location or session.
The working hours are from 2pm to 10pm for _ campus and 3pm to 11pm for _. _ working hours will be from 12:30 to 8:30pm, Monday through Saturday. The employee will be required to work 5 days from the 6 days schedule, if the employee is scheduled to work on a Saturday, one day out of the weekdays will be given as time off and this day will be chosen by the campus according to campus schedule.
The regularly scheduled working hours are 9 hours/day in total (8 working hours + 1hour break), however, depending on the campus the working hours may be shortened to 8 working hours/day without an hour break.
The employees will do 30 hours of teaching per week and 120 hours of teaching per month. In special cases, the employee may be asked to work on a national holiday. If this occurs, the employee shall be granted overtime pay(III. 1.3). It is not applicable to events mentioned in section II.4. However the only exception is the 15th of August which is Korean national holiday. The 15th of August is regarded as a work day, and the employee is required to work on this day. This day will be compensated as a normal work day. The working hours are not applicable to certain cases such as the summer and winter intensive course periods.

3. The employee will work on a different time schedule during the summer and winter intensive semester. The working hours during the summer and winter intensive semester will be extended depending on the location and the campus. The employee is required to conduct classes during the summer and winter intensive semester. If the employee teaches for more than 30 hours a week, the employee will be paid overtime as stated in the contract ( III. 1.3)

4. The employee is required to attend events held by the employer such as orientation, workshops, year- end party, retreats(picnic), academic seminars, etc.
An event could be held on a Saturday, but it will not count as overtime and will be uncompensated.

5. The employee must submit the required documents for a visa by the due date, which both sides have agreed on. If the employee fails to submit the required documents by the due date, the employer is able to change the employee’s position or is able to cancel the contract.

6. 200,000KRW will be deducted from each of the employee’s first three paychecks for a total of 600,000 KRW to be used as a security deposit. This deposit will cover any unpaid services, bills, damage and airfare in the event that the employee fails to pay or fails to fulfill 6 month of the employee’s contract. The employer will hold the full amount of the security deposit until all bills paid. The remaining amount will be returned to the employee after all bills have been paid at the end of contract. However, the employee who renews the contract and has already paid the security deposit will not be required to pay the security deposit again.

7. The employee must follow Korean immigration laws and take responsibility for any immigration duties including any immigration fees such as Medical Health Check, Alien Registration Card, Residency Card, Fingerprint scan, and Visa Extension, etc.

III. SERVICES PROVIDED BY THE EMPLOYER

1. PAYMENT

1.1 The employer will pay a monthly salary of 2._m KRW for regularly scheduled hours.

1.2 If the employee fails to work on the set hours due to tardiness, absence, etc.; the employee’s monthly salary will be calculated accordingly and paid using a daily rate and/or an hourly rate.

- The method for calculating the daily rate: Monthly salary divided by 30.

- The method for calculating the hourly rate: Daily rate divided by 6.

1.3 The employee may be asked to teach over 30hours of teaching hours a week or over 120 hours a month. In this case, the employee will be compensated 20,000KRW per hour for overtime.

1.4 The employer will pay the employee a monthly salary or the total amount owed for work performed in a month on the 10th of every month. In the event that the employee doesn’t start working on the very first day of the month, their working days for that month will be counted from the employee’s first day working on a regular schedule.

2. HOUSING

2.1 The employee will be provided with a single furnished housing. The housing will be provided at no cost to the employee with the exception of utilities and housing management fees associated with the housing. The employee’s housing will be furnished with basic necessities such as a bed (with bedding), kitchen supplies, TV, desk, and a chair. All accommodations will also come with an AC unit, and a washer. It is recommended that the employee bring some money for the first month of employment. The furnishings are only provided once for new teachers who requests housing from the company.

2.2 The employee has the duty to preserve the condition of the housing and furnishings until the end of this contract. If the housing or the furnishings are damaged or destroyed, the employee must restore them to their original state or pay for the replacement of the same standard of quality. The employee has the duty to fill the housing condition checklist during the first week of occupancy. If it is not submitted by the first week, the employee has the responsibility to pay for all of the damages not reported to the campus.

2.4 The employee is eligible to receive 300,000 KRW a month as a housing allowance if the employee does not request housing provided by the employer. The employee must submit a written Housing Allowance Request to receive this housing allowance at the signing of this contract.

3. AIRFARE REIMBURSEMENT

3.1 The employee is required to make arrangements and purchase their entry flight ticket to Korea. Once the Employee passes the medical test and obtains an Alien Registration Card, an amount of up to 1.2 M KRW will be reimbursed to the employee. For the reimbursement procedure, the employee must submit an accredited receipt and flight itinerary to the employer. Upon completion of the contract, the employee is required to make arrangements and purchase their return flight ticket to their native country themselves. However, the flight schedule must be confirmed by the employer before purchasing the flight ticket. Also, the employee must submit an accredited receipt and flight itinerary to the employer one month prior to the date the Employee is scheduled to leave the company. The employer will reimburse an amount of up to 1.2 M KRW. If the employee chooses not to receive reimbursement for their return flight ticket, the employee can receive a monetary allowance of 700,000 KRW instead. For the employee hired within Korea, the employee is not entitled for a return airfare reimbursement; however, a monetary allowance of 700,000 KRW is provided at the completion of the contract.

3.2 All employees who renew their contract, whether hired from abroad or within Korea, they will be provided with a round trip air ticket of an amount of up to 1.4 M KRW. The employee is required to first make flight arrangements and pay for their round trip ticket and then submit the receipt and itinerary to the employer for reimbursement. However, the flight schedule must be confirmed by the employer before purchasing the flight ticket. If the employee chooses not to receive an airfare allowance of 1.4 M KRW upon renewal of their contract, the employee is entitled to a monetary amount of 1.0 M KRW instead of a round trip airfare allowance.

3.3 In the case that the employee requires a visa-run within their contract period, the employer will provide the employee with the amount of the expenditures for the visa-run of up to 600,000 KRW (flight, hotel) after submitting the itinerary and receipt to the Employer.

3.4 Any employee who terminates their contract before completing 6 months of their contract period must pay back the employer the amount of the entry air ticket provided by the employer. If the employee was hired within Korea, any fees related to visa-run expenditures (refer to 3.3) must be returned back to the employer. For any employee who renews their contract, but does not complete at least 6 months of their contract period must return to the employer half of the round trip air ticket allowance (refer to 3.2). For any employee who has received a monetary allowance of 1.0 M KRW instead of the round trip air ticket allowance upon renewal of their contract, must return half of the monetary allowance 500,000 KRW (refer to 3.2).

3.5 Flights eligible for reimbursement cannot include a stop over. Also the employer will not reimburse multiple flight tickets to the employee’s destination.

4. LODGING

4.1 The employer will provide lodging, if necessary, for the employee’s stay during the orientation and training period at a facility.
5. HEALTH PLAN

5.1 The employer will pay 50% of the premium for the employee’s health plan, which is provided by the employer and is administered through the employer. Participation in the national health plan is mandatory under Korean Law. The employee will be responsible for the remaining 50 percent of the costs.

6. SEVERANCE PAY

6.1 The employer will pay severance to the employee upon completion of the 12months contract. The amount of the severance pay will be equal to one month of salary (2.3m KRW), and if necessary, applicable government deductions will be subtracted.

7. PAID VACATION

7.1 The employee may have 10 working days as paid vacation per year. Up to 5 consecutive days may be taken at once. 3 days of Institute-scheduled vacation are counted in these 10 days. 2 of the remaining 7 days are also set to be used to extend the official break period of the Institute during Korean holidays, and if it is not used by the company, it will be compensated as daily wage at the end of contract. No vacation days other than those scheduled by the employer may be taken during the first 3 months of employment. The use of vacation must be approved by the employer at least one month in advance. Days in which the employee does not regularly work i.e., Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period. For IVY campus, the employee is advised to take vacation during holding periods (student’s mid, and final exams period). Should the employee request vacation time outside of these periods, the director will check the campus schedule, and will decide it if it is possible or not. The employee will not be allowed to take their vacation during the Summer, and Winter intensive terms, and during the last week of their contract.

7.2 When the employee finishes the contract, the unused vacation will be compensated as daily wage as remained. In case that the employee terminates mid-contract; the employee will be compensated one vacation day per month starting from their fourth month of employment onward. For example, if the employee terminates the contract on the 5th month, the employee will be compensated for 2 vacation days if the employee had not used any vacation days. The unused vacation will be compensated or the over used vacation will be deducted.

8. SICK DAY

8.1 The employee may use up to 5 paid sick days per year provided they bring a proper letter signed by the doctor (Jindanseo) stating the employee’s symptoms and medical recommendation to abstain from work. Should the employee fail to produce a signed letter from the doctor, a written warning will be issued, and the employee will not receive pay for their absence from work. Also, any additional sick days beyond the 5 days provided will be counted as absences, and the pay will be calculated according to the daily rate/hourly rate.

8.2 No more than two consecutive sick days may be taken at once. And, it cannot be combined or continued with the requested vacation by the employee. In the case the employee becomes sick and is unable to continue work, the employee must report to the Korean head teacher or Foreign head teacher or director, and should leave immediately and seek medical assistance. The employee must obtain a signed letter from the doctor stating that the employee is unable to return to work. This letter must be presented on the day which the employee returns to work. If the doctor diagnoses that the employee can continue work, the employee must return to work and complete their shift. If the employee fails to return to work; or if they fail to produce an appropriate doctor’s signed letter, a written warning will be issued, and the employee will not be paid for unexcused time from work.

9. PENSION

9.1 The employee and the employer will make regular contributions to the employee’s pension fund, as stipulated by the rules and regulations of Korean National Pension Corporation. If eligible, the employee will receive a reimbursement of all contributions made by him/herself and the employer upon departure from Korea.

IV. RENEWAL & TERMINATION OF CONTRACT

1. RENEWAL

1.1 The employee must give the employer a written 120-day notice before renewal or non-renewal of the Employee’s current contract.

1.2 Both the employer and the employee reserve the option to renew the contract.

2. TERMINATION OF CONTRACT

2.1 Both parties will give a written notice of at least 60 days prior to the termination date of the contract. If the employee terminates the employment without providing 60 days written notice, (unless otherwise agreed upon by the employer), the employee will forfeit their security deposit and will be held liable for all bills associated with housing, rent, utilities, and management fees for the apartment provided to them by the employer for each day under 60 days. If the employee receives housing allowance and terminates the contract without providing 60 days written notice, the employee will be penalized by forfeiting their security deposit and will be subjected to a fine out of their housing allowance, for each day under 60 days

2.2 The employer retains the right to terminate the contract immediately if:

a. The employee is unable to meet the responsibilities or conditions required for employment such as being late for class on a continuous basis (more than 5times/month); continuous failure to keep regularly scheduled class times (more than 3time/month) and repeated absences from classes without a valid reason (more than 3times/month).

b. The employee teaches off the employer’s property.

c. The employee uses illegal drugs or is intoxicated during work hours.

d. The employee participates in any type of criminal activity or corruption of public morals that violates the laws of the Republic of South Korea.

e. The employee receives written warnings from the employer on 3 occasions.

f. The employee tells others about their own employment contract details.

2.3 If, for any reason, the contract is terminated before the full completion of the contract period:

a. The employee will not qualify for benefits such as severance pay and airfare.

b. The employee will wholly be responsible for any utilities/maintenance remaining for the duration of their housing lease.

2.4 Within 14-days the employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.

V. VENUE FOR DISPUTES BETWEEN EMPLOYER AND EMPLOYEE

1. The appropriate laws of the Republic of Korea will govern this contract. However, while both parties enter into this contract with total honesty and integrity, disputes may sometimes occur. In such cases, both parties will be bound by all terms and conditions of this contract and will try to resolve the difference in a civil manner that is fair to both parties. In the event that no solution can be found for a problem and either party decides to terminate this contract, they must do so in accordance with this contract. Upon such termination, both will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.

VI.
FULL KNOWLEDGE

1. GOOD FAITH

The employer and the employee will act in good faith toward each other. The employer will not dismiss the employee without what reasonably is considered good cause and the employee will do their utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement.

2. CHANGES TO CONTRACT

The employer and the employee agree that they have read the Employment Contract in its entirety and no other verbal agreement, statement or promise made on or before the effective date of this contract will be binding on the parties. Any changes made must be in writing and signed by both parties to be included in this contract. Any changes made to this contract without the knowledge and written consent of both parties are to be considered invalid.

3. TRANSFERRAL OF CONTRACT

Under no circumstances can the employer exchange, give, sell, or transfer this contract or the services of the employee to another party or Institute without the written consent of the employee.

4. LANGUAGE OF CONTRACT

The language of this contract is written in English and Korean. In the event of a dispute, the English version of this contract will prevail.

VII. ADDITIONS TO CONTRACT

1. All other matters not stated above will be based on Korean relevant laws and regulations including The Labor Standards Act, Regulations about employment and Avalon company regulations

2. When the employee is temporarily required to work in the head office by the employer, for reasons such as curriculum development, the working hours are 9am~6pm and there will be a one hour lunch break.
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YTMND



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

PostPosted: Fri Dec 14, 2012 12:53 am    Post subject: Reply with quote

Bariko,

Quote:
(1hour=60minutes) working Monday through Friday. The actual number of teaching hours scheduled for a month is 120 hours, and the Employee will be required to devote the remaining hours to related academic work under the supervision of the director.


Vague. Average class is 40-50 minutes. Best to get a current schedule to see how classes are scheduled.

Ask them what "remaining hours" means. How many?

Quote:
male teachers may not wear pony tails


But Mohawks are ok? Just kidding. It's interesting how they communicate, "No long hair."

Are you ok with that? How about tattoos?

Overall, it looks fine. Just get your schedule.



littletelly94,


Quote:
one day out of the weekdays will be given as time off and this day will be chosen by the campus according to campus schedule.


Does this mean one day weekend? What do they mean? Ask, find out. Will you accept 1 day off whenever they choose? If it is a 6 day work week, it's a no go for me bro. If it is 1 day here and 1 day off there, then it's ok bro 2.5 salary or higher, yo wee yo!!

If it is 2.4 or below bro, then you need to give me 2 C-O-N-S-E-C-U-T-I-V-E days and we can negotiate 3 days to your desire.

They look like they are reaching though.

Quote:
depending on the campus the working hours may be shortened to 8 working hours/day without an hour break.


HA HA HA, very funny. Now, where is the real contract?

Quote:
In special cases, the employee may be asked to work on a national holiday.


Well, in normal cases, I will celebrate national holidays. In special cases, see normal cases. HA HA HA, very funny. Where is the real contract?

2 strikes before I pass on this absurd contract, yo wee yo.

Quote:
1.1 The employer will pay a monthly salary of 2._m KRW for regularly scheduled hours.


You really want 2._?

2.05 is not = to 2.9999999999

How about they fill in those blanks? HA HA HA, very funny. Where is the real contract?

Ok, so I am done. This school needs to send you a new contract. Enough said. I am not reviewing the rest. I would never sign it as is. I would never talk to the recruiter with a contract as is. And I am not spending one more second reviewing this contract as is.

Change it, put another quarter in the machine, and let's try again without the ambiguous clauses.
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littletelly94



Joined: 02 Dec 2012
Location: Korea

PostPosted: Fri Dec 14, 2012 7:44 am    Post subject: Reply with quote

YTMND,

Thanks for the initial review. More information:

- It's a large chain school, though I put "_" whenever it looked like something that could identify me or the school.

In other worlds, of course there was a salary in the contract! It's not actually "2._" Cool The salary they proposed seems fair IMO.

- Also, the work week is officially Mon-Sat, with 5 working days. They say it like I wouldn't be working most Saturdays. I also searched this board and people here also seem to be saying the same thing. Regardless, I'll talk to a foreign teacher or 2 about the Saturday thing.

Any thoughts about the paid vacation?
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YTMND



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

PostPosted: Fri Dec 14, 2012 8:23 am    Post subject: Reply with quote

The holiday part seems fine. If it really matters, get a schedule. Look at the text and see if there aren't any words which might identity them, since you seem to want to hide who they are.
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pebecher



Joined: 13 Nov 2012

PostPosted: Fri Dec 14, 2012 10:31 am    Post subject: Reply with quote

Is there anything in this that I need to be worried about? I thought it looked kind of sketchy that they can terminate immediately for breach of contract but I need to give them two weeks notice if they breach. Thanks for the help.

EMPLOYMENT CONTRACT
The following contract is an employment agreement between
__________ to be referred as the instructor and _____________ be referred to as
the institute from this point forth.
Ⅰ. Job position : English instructor. working MON - FRI
Ⅱ. Period of Employment : The Instructor will be employed by the Institute for the following
dates.
From : _________________________________
To : __________________________________
Ⅲ. Conditions
A. Salary : a. A monthly salary of 2.100,000 Won will be paid each month. The teacher is
required to work 30 hours per week. Any time worked above the 30 hours per week shall
receive an overtime rate of 20,000 Korean won per hour. Working hours are usually between
the hours of 10 am. and 6:30 pm. (Tue./Thur.: 6:45) However there are times when you maybe
expected to work later. Usually each teacher is expected to teach 8 classes of 45 mins(each)
between the hours of 10 am. and 6:30 pm. However you may also be expected to take or cover
extra classes.
B. Severance Pay : The amount of one month salary will be paid upon
completion of the one year contract.
C. Pay Day : Compensation will be paid monthly ( from the first, or starting date, to last day of
the month inclusively) along with other instructors on the fifth day of the following month.
Any errors in compensation shall be reported to all parties affected within a week. Instructors
should expect that hourly wage will be deducted from the salary for every subsequent class
missed due to any reasons.
D. Insurance : A medical and accident insurance plan from an insurance
company will be offered to the instructor. The annual premium (current amount is 200,000
won = approx.) will be split equally between the instructor and the institute.
E. National Pension plan : In accordance with Korean Law all foreign workers
employed by Korean business shall pay into the Korean National Pension plan at rate of 2%
plus an additional 4% (separation allowance reserve) deducted against monthly earnings with
the employer's contribution.
F. Tax : Korean income tax will be deducted from the salary according to Korean tax law
(currently 4-6%)
G. Airfare: The budget for a one way ticket from your home country to Korea is to the limit of
1,000,000 Won. This will be reimbursed to you on your arrival. On completion of your
contract a further budget to the limit of 1,000,000 won will be allowed for your return flight.
You may purchase round trip within the budget of 2,000,000 won.
H. Accommodation : The institute will provide a rent-free , private studio. The instructor will
pay the expenses of utilities.
I. Vacation : The instructor will receive ten days according to the schedule of the institute. In
the case of a vacation longer than ten days the instructor will be asked to work some Saturdays
to make up monthly working hours.
Ⅳ. INSTRUCTORS'S DUTIES A. The Instructor will set a good positive example at all times.
B. The Instructor will follow set class schedules and will not dismiss class, cancel classes, or
start classes late without the approval of the director.
C. The Instructor should be in good health and will submit proof of his/her health condition
checkup before or upon arrival.
D. The Instructor will use text books provided by the institute and is encouraged to supplement
these with other materials. All materials given to the instructor by the institute will be returned
after they are no longer needed.
E. The Instructor will not partake in the following activities since they may damage the
reputation of the institute:
1. Conducting class while under the influence of illegal drugs.
2. Make sexual advances towards, or enter into relationships with students or employees of
the institute.
3. Conduct any private classes or accept any funds without permission from the director.
4. Borrowing or lending of funds to students or conducting any sales of items to students.
F. Any damages that are the direct result of negligence on the behalf of the Instructor, either at
the Institute or residence, will be paid for by the Instructor.
G. If the Instructor seeks release form the contract for personal reasons, the Instructor will
report to the Institute and will receive 70% of the monthly salary from that time until a
replacement Instructor is placed (approx. 4 weeks) and the Instructor agrees to work until the
new Instructor arrives.
H. If the Instructor fails to conduct him/herself in a professional manner, resulting in damage
to the image of the Institute, or fails to follow the director's orders, the Institute has the right to
terminate this contract immediately. But is the Institute has to terminate the contract due to
internal problems, the Institute will provide two weeks notice. And, if the Institute violates the
contract, the Instructor also has the right to terminate the contract, but two weeks notice must
be provided as well.
Ⅴ. Both parties have read the above conditions and agree to the term in good faith and will
agree to resolve any disputes in a reasonable manner through the arbitrator.
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YTMND



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

PostPosted: Fri Dec 14, 2012 4:21 pm    Post subject: Reply with quote

Quote:
G. If the Instructor seeks release form the contract for personal reasons, the Instructor will
report to the Institute and will receive 70% of the monthly salary from that time until a
replacement Instructor is placed (approx. 4 weeks) and the Instructor agrees to work until the
new Instructor arrives.


I don't know if this is legal. You should still be able to get full salary. Usually, a month's notice is required. Schools typically want earlier notice like 2 months. Your choice how you want to handle this.
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pebecher



Joined: 13 Nov 2012

PostPosted: Fri Dec 14, 2012 9:38 pm    Post subject: Reply with quote

YTMND wrote:
Quote:
G. If the Instructor seeks release form the contract for personal reasons, the Instructor will
report to the Institute and will receive 70% of the monthly salary from that time until a
replacement Instructor is placed (approx. 4 weeks) and the Instructor agrees to work until the
new Instructor arrives.


I don't know if this is legal. You should still be able to get full salary. Usually, a month's notice is required. Schools typically want earlier notice like 2 months. Your choice how you want to handle this.


Thanks for the reply. The rest of the contract seems legit though? I feel like if I seriously need to leave for personal reasons it would be a situation that would require me to leave immediately, not after a waiting period of four weeks so I'm not sure if its something I should really be all that worried about.
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YTMND



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

PostPosted: Fri Dec 14, 2012 11:36 pm    Post subject: Reply with quote

pebecher wrote:
YTMND wrote:
Quote:
G. If the Instructor seeks release form the contract for personal reasons, the Instructor will
report to the Institute and will receive 70% of the monthly salary from that time until a
replacement Instructor is placed (approx. 4 weeks) and the Instructor agrees to work until the
new Instructor arrives.


I don't know if this is legal. You should still be able to get full salary. Usually, a month's notice is required. Schools typically want earlier notice like 2 months. Your choice how you want to handle this.


Thanks for the reply. The rest of the contract seems legit though? I feel like if I seriously need to leave for personal reasons it would be a situation that would require me to leave immediately, not after a waiting period of four weeks so I'm not sure if its something I should really be all that worried about.


I don't like the 70% clause. It means the school will feel they can pay less. It hurts us teachers in the end.
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Bariko



Joined: 21 Aug 2012

PostPosted: Sat Dec 15, 2012 4:15 pm    Post subject: Reply with quote

YTMND wrote:
Bariko,

Quote:
(1hour=60minutes) working Monday through Friday. The actual number of teaching hours scheduled for a month is 120 hours, and the Employee will be required to devote the remaining hours to related academic work under the supervision of the director.


Vague. Average class is 40-50 minutes. Best to get a current schedule to see how classes are scheduled.

Ask them what "remaining hours" means. How many?

Quote:
male teachers may not wear pony tails


But Mohawks are ok? Just kidding. It's interesting how they communicate, "No long hair."

Are you ok with that? How about tattoos?

Overall, it looks fine. Just get your schedule.


Wow, thanks for the fast reply! I followed your advice and got the schedule (3:20-10PM, classes start at 4:20 approx 45 minutes each). And yeah, I laughed at no pony tails. There seems to be no stipulation on tattoos, and as I only have one that's not visible (small on my right shoulder), I'm thinking I may as well not mention it.
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DesireeJoy



Joined: 29 Oct 2012
Location: Michigan

PostPosted: Sun Dec 16, 2012 3:41 pm    Post subject: SLP Contract Reply with quote

The teacher I am emailing has told me they very rarely give out overtime, and that they are consistent and pay on time. From what I've read and heard from her, so far everything seems good. Anything I should be worried about?

Thank you for any help!

Letter of Agreement

The XX SLP Institute, the employer, under the license of SLP Corporation (hereinafter referred to as "the Institute") and the employee ______ (referred to as "the Teacher") agree to a employment for a regular full-time English teaching position

1. The institute and the teacher agree as follows;

The Teacher accepts employment from the Institute to teach English under the terms and conditions set forth here in this agreement for a period of twelve full and consecutive teaching sessions. Employment commences from the first day of teaching and finishes on the last teaching day of the last teaching session under the employment period in the agreement.
The employment period is from (March 15th , 2013) to (March 14th, 2014).

The teacher’s daily working hours – including preparation, class teaching, etc. – are 8 hours. The Teacher will teach in class 30 hours per teaching week. Monday through Friday are teaching days except for scheduled public holidays and vacation days.
(※During lunch time The teacher will be required to have Lunch with one of the classes. Lunch will be provided by the institute)


The Teacher is expected to devote no less than 1 hour a day at the Institute for lesson planning with co-teachers, student evaluations, reporting, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, teachers' meetings.

Teacher will be required to attend some special events(graduation ceremony, etc) or take classes on Saturdays. Teacher will receive additional compensation for these days.

Duties

Duties may include, but are not limited to;
teaching
substitute teaching
supervision of students
preparation/production of teaching materials
curriculum design and implementation
attendance at teachers’ meetings and workshops
writing evaluation comments and preparing evaluation reports
essay and journal correction
implementation of Teacher Policy Guidelines.
participation in micro-teaching group presentations
interviewing new students for level testing / classroom assignment
professional development
Teacher Training in the Institute or SLP headquarters.
The Teacher’s duties and responsibilities, as well as the academic programs, may be modified, from time to time, after being agreed upon by both the Teacher and the Institute
The Teacher may work longer than the usual working hours during the summer and winter vacation. Due to the way the Korean education system works, this schedule is unavoidable. Overtime will be given over the hours of agreement.
Any part of the Teacher’s workload can be converted into research and development work under his or her supervisor’s supervision.

Behavior
The Teacher should respect the rules and the standard of conduct set by the Institute (written, verbal and tacit) and obey the laws, regulations, instructions, and ordinances of the national and local governments.

Dual Employment Prohibition
The Teacher, after signing the agreement and receiving a work visa, can only legally work for an Institute designated by the Institute. If the Teacher works for any other institutes, companies, or individuals without the written consent of the Institute and the Korean Immigration Office, the Teacher shall face legal consequences which will/may include a fine and possible deportation.

Performance Evaluations
The Teacher may be evaluated in writing or verbal comment by his or her supervisor. The Institute has the right to determine if a performance appraisal is needed on a monthly basis or more frequently. The evaluation will include a review of the Teacher’s job qualifications and performance; the quality of his or her work; knowledge of his or her job, job skills, and attitude toward job; working relations with co-workers, students and parents; initiative, attendance, punctuality, and/or disciplinary record. The review is designed to provide both the Teacher and his or her supervisors with time to discuss his or her strengths, weaknesses, career objectives and other concerns.

Confidentiality
The Teacher hereby agrees, covenants and undertakes that he/she will not disclose any information relating to the Teacher’s employment conditions to others, any teaching materials, or any information related to the academic program, whether verbally or written, to individuals or corporate entities.
All teaching materials, including any books, textbooks and teaching resources, given to the Teacher by the Institute and reference materials prepared for the classes, by the Teacher, should be returned afterwards. The Teacher must not take out or use these materials for purpose other than for teaching at the Institute.
All materials and information produced, during the period of employment, become the property of the Institute. The Teacher maybe compensated as regular pay, overtime, or in an agreed-upon lump sum, remain the sole discretion of the Institute.

Compenstion

Monthly Salary
Except for the period of orientation and teacher training, the Institute will pay the Teacher a total monthly basic salary of 2.2 million Won.
The monthly salary is based on the monthly teaching session and payment will be made on 10 th day of the following the month. Korean income tax, National Pension and Medical Insurance will be deducted from the monthly salary.
B. Overtime
Overtime teaching - beyond 30 hours - is paid at 18,000 Won/hour. The assignment of overtime above the regular hours is at the sole discretion of the Institute.

Payment for teaching class on Saturday is made at the rate of 20,000 Won/hour. Payment for special event on Saturday is upon the discretion of the SLP director.
In case of substitute teaching, the Teacher will receive substitute teaching fee
18,000/hour, only if the substitute teaching class hours exceed the Teacher’s contractual class hours. In case the Teacher is about or misses his,/her classes, the Teacher shall be responsible for the substitute teaching fee 150,000Won/day. That means the substitute teaching fee shall be deducted from the monthly payment.

Orientation and Teacher Training
The teacher will receive up to 1 week of orientation and training. (According
to the circumstances of school)
Health Insurance
The Teacher will be covered by Korean National Health Insurance. According to the government guideline for teachers, the monthly insurance charge will be shared half by the Institute and the Teacher. Coverage will be from the date of joining to Korean Medical Insurance Union, commencing approximately 3 to 4 weeks after the teacher's arrival of Korea due to requirements of the immigration and taxation departments.

National Pension Plan
In accordance with the Korean Law, all foreign workers employed by Korean businesses shall pay into the Korean National Pension plan at a rate stipulated by the Korean National Pension Law deducted from monthly earnings with the Institute's contribution.
Refund of the National Pension to a teacher who becomes a compulsorily insured Teacher, where the Pension Act of the Teacher's home country provides the benefit corresponding to the lump-sum refund of the National Pension Plan, the lump-sum refund of this plan shall be paid to the foreigner, according to Korean Law.

Severance Pay
On completion of one's responsibilities of the full employment period, an additional month of regular salary 2.2 million Won per one year shall be paid as severance pay. If the Teacher, however, does not complete the full period of the employment, none of the severance pay shall be paid according to Korean Labor Standard Law.



Housing

The Institute will select and provide furnished living accommodation for the Teacher

Single housing with furnishings will be supplied by the Institute or,
Shared housing with furnishings : In this case, each Teacher will be
provided his/her own private room

Furnishings will include Air-conditioning, TV, refrigerator, washing
machine, wardrobe, range, bed and some eating & cooking utensils.

The Teacher is responsible for utility charges such as electricity, gas, telephone
charges, etc.

For any damage the Teacher will be charged any repair or replacement.


Holidays/Vacation/Leave

Teacher will be entitled to observe public holidays and receive vacation days during the employment term according to the yearly schedule provided by the Institute before the commencement of the year to which the schedule refers.
Sick Leave : Paid sick leave is only applicable in cases of actual illness. The Teacher must provide a doctor’s certificate upon return to work. If the teacher misses more than 2 days, 150,000Won/day will be deducted from his or her salary.
Paid Vacation : The Institute provides the Teacher with approximately 10days of paid vacation in one employment year. The vacation will be scheduled and decided by the SLP director.


Termination
The Institute has the right to terminate the Employment for the following terms
Terms of termination ;

The Teacher fails to perform or unsatisfactorily performs any one of the duties stipulated in this agreement.
The Teacher fails to perform duties.
The determination that the Teacher is prevented from or incapable of performing his/her duties for a medical reason, whether it is a physical or psychological ailment.(If requested by Institute, the Teacher must be immediately available for a medical examination.)
Receiving two warning letters.
Criminal behavior or misconduct.
Working or Teaching outside of the SLP Institute.
Breaches of Article 6 “Confidentiality”
Defamation of Institute by falsehood
The Institute and the Teacher may terminate this employment with a written 50-days notice. Anything less than 50 days will be considered a breach of employment by the Institute or the Teacher unless the employment is terminated for a cause

In the event of early termination of Agreement, the final payment will be given 30 days after the last day of employment.
In the event the Teacher terminates the Agreement, before the end of the contract, the airfare will be reimbursed(deducted from last month pay).


Sole and Entire Agreement
This Agreement is the sole, complete and entire employment, agreement and understanding between the Institute and the Teacher concerning the Employment; the terms and conditions of the Employment; the duration of the Employment, the termination of the Employment and the compensation and benefits to be paid and provided by the Institute to the Teacher pursuant to the Employment. This Agreement supersedes any and all prior employments, agreements, correspondence, letters of intent, understandings, and/or negotiations, whether oral or written, concerning the Employment; the terms and conditions of the Employment; the duration of the Employment; the termination of the Employment and/or the compensation and benefits to be paid by the Institute to the Teacher pursuant to the Employment.

Applicable Law and Venue
This agreement and each and every provision hereof shall be interpreted pursuant to the laws of the Republic of Korea without regard to any conflicts of law principles, and the venue in which a claim, action or lawsuit may be brought shall be exclusively the Republic of Korea.









IN WITNESS WHEREOF the Institute and the Teacher have each duly executed this Agreement on the dates set forth below their respective signatures.


Name of the Director Name of the Teacher


Signed___________________________ Signed _________________________

Dated:_________________________ Dated: ________________________
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YTMND



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

PostPosted: Sun Dec 16, 2012 7:18 pm    Post subject: Reply with quote

Quote:
substitute teaching


Make sure whoever you are substituting for is actually sick. Sometimes schools have 1 teacher do "overtime" one week, then they don't schedule as much the next week for that teacher. At the end of the month they don't pay overtime.

In this case they are saying you don't get overtime and that you will be paid on time. So, it indicates a possibility they will have you substitute instead of doing overtime. In either situation, they will stay under the contracted total hours and not give extra pay.

I don't care about substitute teaching if another teacher needs it, but I am not too keen on the idea if it proposed by the school. Your choice on how you want to handle this.

Quote:
supervision of students


Ask for clarification. Do they mean outside of class? Are you doing kindergarten classes? This usually means lunchtime with them.

Quote:
Single housing with furnishings will be supplied by the Institute or,
Shared housing with furnishings : In this case, each Teacher will be
provided his/her own private room


Which is it? Do you mind either?

Quote:
Anything less than 50 days will be considered a breach of employment by the Institute or the Teacher unless the employment is terminated for a cause


Interesting. I am dealing with my own breach clause, but I am in China. For Korea, I have never seen this in contracts. Usually, a school in Korea will get the teacher to quit instead of firing them. I am not sure why it's in this contract, and I am waiting to see if it is just as benign here in China. I am supposed to get paid at the end of this month unless they try to apply a breach penalty. I doubt they will due to our final written agreement which is lot better than one I made with a school in Korea.

This alone doesn't cause concern, but look at what they put next.

Quote:
In the event of early termination of Agreement, the final payment will be given 30 days after the last day of employment.

In the event the Teacher terminates the Agreement, before the end of the contract, the airfare will be reimbursed(deducted from last month pay).


The second part talks about airfare. Usually it's 6 months or less. They want airfare money regardless. So, don't expect more than half your salary if you agree to this. I wouldn't.

What's worse is the first part. They won't give you the final payment until 30 days after the last day of employment. You already know you won't get half. If you go back to your home country, are they really going to pay you for the other half (salary minus airfare)? Do you want to take legal action to collect on half your salary?

This is not the type of contract to agree to where you give notice unless you are willing to walk away with nothing for your last month.
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DesireeJoy



Joined: 29 Oct 2012
Location: Michigan

PostPosted: Wed Dec 19, 2012 2:18 pm    Post subject: Thanks! Reply with quote

Thank you so much for your response. It sounds like the contract isn't too bad. I've been talking to one of the teachers who is finishing her contract just before I get there and so far everything seems on the up and up.

It is a kindergarten class and lunches with them are required. I also checked and it will definitely be single housing. I definitely didn't want shared housing, you never know how that could turn out. My understanding is all five teachers are completing their contract, but I will clarify that too. Thank you so much for your thoughts, I appreciate it!
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YTMND



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

PostPosted: Thu Dec 20, 2012 1:01 am    Post subject: Reply with quote

Quote:
My understanding is all five teachers are completing their contract, but I will clarify that too.


What does that mean? That is an unfinished remark.

A. "all five teachers are completing their contract," and all five are renewing for another year. I am being added as a sixth teacher.

B. "all five teachers are completing their contract," and four are renewing. I am replacing 1.

Don't get too wrapped up in 1 year commitments. That doesn't make you a better teacher. I just find it questionable right now why 5 teachers would be completing if they weren't returning. Only holding out for severance? If they are renewing, why didn't your "source" mention this? Usually they report how many will continue.

This is enough to ask about. Get the details.
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ericstank



Joined: 02 Feb 2007
Location: Seoul, KR

PostPosted: Wed Dec 26, 2012 9:49 am    Post subject: Contract KidsClub Reply with quote

Hi- Just got this contract from KidsClub last night, I know that the specifics aren't filled in yet, but there is also somethings I have questions about. Has anyone ever heard of only One sick day? Only 8 paid vacation days? It just seems a little fishy...could you guys check it out and let me know what you think?

Thanks so much!

TERMS AND CONDITIONS

1. The Responsibilities of the Instructor:

(1) The Instructor is to provide quality education of his/her specialized language by offering the students with his/her expertise and competence. In order to carry this out, the instructor must develop his/her effective teaching methods under the guidance of the Director, manage the students assigned to his/her course of instruction, and make the utmost efforts to maintain positive rapport between School and the students.
(2) The Instructor is to follow School’s decision on the number of hours to teach per month, class schedule, classrooms, and the course of instruction. The Instructor is also required to attend various meetings, seminars, and other events scheduled by School.
(3) The Instructor is to be present at School before the scheduled class hours (working hours) to teach and prepare for language training materials related to the instruction. The instructor must be at school before 30minute of the class-hour.
(4) The Instructor is responsible for preparing teaching materials, using the syllabus and supplementary materials approved by School. In addition, the Instructor is to participate in the activities directly related to teaching such as picnics, field trips and level testing as scheduled by the school.
(5) The Instructor is responsible for grading and evaluation of students at the end of each term.

2. The period of Employment and Limitation:

Pending the issuance of and E-2 visa from Korean Immigration, the Instructor will work for the School for a period not exceeding one year in accordance with the E2 visa.

(1) The period of employment under this contract is from .
(2) 2013 to 2014 in the Republic of Korea.
(3) The Instructor shall not teach at any other language institute, or be engaged in any other form of employment except with a) written approval from the Korean Immigration and b) approval from School. When the Instructor is found to be in violation, School may terminate this contract with the Instructor regardless of the period of employment stated above.

3. Assigned Course and Salary:

(1) Assigned Course : English
(2) Monthly Salary : million won
Number of Class-hours: The Employee shall teach from Monday through Friday; during the five-day workweek which consists of forty (40) working hours, the Employee shall also perform his/her responsibilities in relation to teaching classes. There may be times throughout the course of year that teachers may be required to attend training seminars on a Saturday. Teachers may be asked to teach on an occasional Saturday as may be assigned by the director..
(3) The School guarantees the Instructor the monthly salary as stated above, and the Instructor agrees to be available to teach all class hours offered by School. If the Instructor cannot teach the required class hours due to his/her unavailability, the monthly salary guarantee will not apply, and it may be cause for termination of the contract.

4. The Payment of Salary:

(1) The initial pay scale of the Instructor is decided by School on the basis of the Instructor’s educational background and experience.
(2) The Instructor is paid on after 10 days every month without delay.
(3) If the Instructor leaves the School and is subsequently rehired at a later date, the Instructor will be able to retain his/her pay-scale grade at the time of leaving if he/she had taught full-time at School for a minimum of 12 consecutive months.
(4) Income taxes will be deducted in accordance with Korean Tax Laws. If the Instructor is absent from his/her class without a notice, 1.5 times of the class hour payment is deducted.

5. Severance Pay
Upon completion of this contract, the Instructor will receive one month’s salary as a severance pay, calculated in accordance with Korean Labor Laws. If the instructor terminates the contract prematurely, no severance benefits will apply.

6. Orientation and Training:
Shortly after arrival in Korea, Instructor will be required to undertake orientation and training before commencing to teach. The period of training and orientation will usually be two days.

7. Transportation:
(1) Round trip economy airfare is provided with the one-year contract from the Instructor’s nearest airport to the international airport in Korea and transportation from the airport to the Instructor’s residence in Korea. Upon completion of this contract, the Instructor will be provided with a return ticket.
(2) If the Instructor leaves the School before his/her contract period ends, the School will not pay for his/her return ticket.
(3) If the Instructor leaves the school prior to completing six (6) months period of this contract for any reason, the Instructor must reimburse the School the cost of the ticket paid by the School or the School may deduct the equivalent amount from the Instructor’s last month’s pay.
(4) The Employee may opt to receive 900,000 won in lieu of the return ticket back to their point of origin
8. Housing
The School will provide basic furnishings, and the Instructor is responsible for payment of monthly utilities.

(1) The Instructor may choose one of the two options as stated below:
The School provides a shared housing, or a single accommodation.
(2) Instructor is responsible for all maintenance, utility and telephone charges for accommodation provided by employer. In the case that an Instructor is the sole occupant of a double occupancy accommodation, provided by school, he/she will be responsible for all the above mentioned expenses.
.
9. Termination of the Contract:

(1) The School does not notify the Instructor of a renewal of the contract two months prior to the end of the employment period as stated in 3(1), this contract is automatically terminated when the contract period ends.

(2) The School does not notify the Instructor of a renewal of the contract two months prior to the end of the employment period as stated in 3(1), this contract is automatically terminated when the contract period ends.
(3) The Instructor notifies the School in writing to terminate the contract before the contract period ends with such intention two months prior to the date of termination.
(4) The Instructor cannot fulfill the terms and conditions of the contract due to his/her own personal reasons.
(5) The Instructor is absent from classes three or more times or late for class five or more times, without a prior notice, such absence or tardiness may be cause for early termination of the contract.
(6) When the contract is terminated due to the conditions described in items (2), (3), and (4), School reserves the right to terminate the contract and to take necessary legal action for any damages incurred due to early termination of the contract. In addition, School is not responsible for severance pay. If the Instructor is a foreign citizenship holder, School will notify the Ministry of Justice the termination of employment and the sponsorship for the working visa.
(7) School reserves the right to revoke this contract if the Instructor is found to be in breach of the contract.
(Cool The School notifies the Instructor in writing to terminate the contract before the contract period ends with nonfulfillment of Instructor’s duties and instructions (Appendix) immediately.

10. Sick Leaves

Instructor is entitled to a paid sick day. Instructor will submit doctor’s letter or prescription to School.

11. Handling Policy of No-Class Due To the Instructor’s Absence

When the Instructor misses his/her classes because of unexpected illness, accidents, or other unavoidable reasons during the period of contract, he/she must notify School in writing within 2 days. A missed class without a proper notification will be considered as an absence. The Article 5 (5) and the Article 11 (4) will be applied in this case.

12. Holidays and Vacation

The Instructor will receive 8 days paid vacation a year and all national holidays are observed and paid. All Korean national holidays and those days designated by School are construed as non-working days.

13. Visa

The School will provide all the necessary documents and sponsorship to obtain a proper working visa issuance paper for the Instructor with a foreign citizenship. The Instructor is responsible for obtaining the visa prior to the beginning of contract period.

14. The Appendix and the Compliance Responsibility

The Instructor must comply with the instructions and duties in the Appendix, which is an adjunct to this contract. The Instructor should make every effort to improve his/her teaching skills in language training and maintain a standard of Korean school teachers. In the event the Instructor damages the reputation of the School because of a gross misconduct or any violation of Korean Laws, he/she will be deprived of the qualification of an Instructor. Any misconduct or violation of Korean Laws shall be grounds for early termination of this contract.

15. The Validity of the Contract

Both School and the Instructor have read and understood all the terms and conditions of this contract which binds upon all parties. School and the Instructor have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, School and the Instructor have appended their signatures.


Director Instructor


Date Date


Appendix

1. INSTRUCTOR’S RESPONSIBILITIES:

The Instructor’s responsibilities include the following:
a. Teach the assigned classes
b. Follow the advice and direction of the Principal and Academic Director
c. Develop supplemental materials as necessary
d. Instructors must be prepared prior to class time
e. Assigned classes may and can be changed without a notice, also should follow the direction. The Employee is required to teach all classes.
f. Attendance at instructors meetings, workshops, and parents meetings is obligatory.
g. Attend workshops as scheduled in the annual calendar. Some workshops may fall on a Saturday.
h. Attend the annual events and excursion. These will be on a Sunday.
i. Participate other teaching related duties as assigned.
j. The preparation time, students’ evaluation and staff meetings are not considered as teaching time. Teaching time is considered to be time spent instructing in the classroom.
k. The School will have four times workshop during the year contract and will be held on Saturday or Sunday. Please note these workshops. Mini Drama contest and playing and Summer Camp are considered as part of the teacher’s monthly salary and the teacher doesn’t receive and extra pay for these events and workshops.
l. The Instructors as teacher should keep his/her students’ records such as attendance, evaluation, test forms, test results, conference meeting records, ESL classes’ program or supplements etc..

2. CONDUCT:

a. Appearance: Modest, professional attire and hairstyles must be maintained, and garish fads must be avoided. Appropriate footwear must be worn.
b. Alcohol and Drugs: The School disapproves of the use or possession of illegal narcotics or dangerous drugs at any time. In addition, the School forbids the consumption of intoxicating beverages, as they have an adverse effect on classroom teaching. It is the official policy that no alcohol be used in any manner wihin the School.
c. Sexual Behavior: Any sexual harassment of students, faculty, staff or overt homosexual behavior may be grounds for immediate dismissal.

3. EVALUATION OF INSTRUCTORS:

The School’s primary goal is to provide a sound language training program in the English language for all students who attend. Thus, it is the responsibility of the School to provide a place where instructors can carry out this task competently. To enhance the quality of instruction, the School provides lesson materials and library resources for the benefit of the instructors and the students.

The School provides the overall structure of the language program. Within this structure, creativity and experimentation are both permitted and encouraged. The School assumes that instructors are here because they like to teach and want to teach well. Therefore, evaluation of the instructor must have a positive and confirmatory role rather than a negative one.

Purposes of Evaluation
 To improve instruction.
 To provide a positive learning experience for the student and the Instructor.
 To encourage Instructor experimentation and creativity in the learning process.
 To provide a means through which the evaluator and Instructor will cooperatively identify Instructor’s strengths and overcome weaknesses.
 In addition, Instructor evaluation information may be used by the administration to make recommendations concerning the continued employment, the granting of continuing a contract, and the determination of a change in status.

A Guideline for Instructor Evaluation
There will be four instruments for formal evaluations: a self-evaluation, a class observation, the students’ evaluation (a survey form filled out by students), and the evaluation by the Director. A formal evaluation is done once a year. Even though class observation seems needlessly intrusive to the classroom, and though some might think it adversely affects the behavior of the class, it is still the only direct method of gathering information about classroom behavior. Further, it is probably the only way in which an instructor can be defended from the criticisms (found or unfound) of students.


4. DISMISSALS OR VOLUNTARY RESIGNATION:

The School reserves the right to dismiss the Instructor for the following reasons.
a. Neglect of the duties stipulated in this agreement
b. Frequent absences from work
c. Has received three warning letters
(Warning Letter Conditions)
A warning letter can be issued for any of the following.
 Verbal abuse towards children or staff members.
 Physical misconduct directed towards children or staff members.
 Unexplained absences from work.
 Arriving late without notice or reason.
 Breaking any or the stipulations agreed to by School and Instructor in the signed contract.
d. The inability to perform the duties stipulated in this agreement.
e. The Instructor engages in criminal conduct or in misconduct.
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YTMND



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

PostPosted: Wed Dec 26, 2012 2:25 pm    Post subject: Reply with quote

Quote:
Has anyone ever heard of only One sick day? Only 8 paid vacation days? It just seems a little fishy...could you guys check it out and let me know what you think?


The sick day might be negotiable, but it is common. I'd say 3 would be better, but in the end, if you are at a good school 2 days without pay due to sickness might not be all that bad compared to the process of getting all new documents and finding another school.

10 days is the norm for sick days. Again, we are bickering about 2 days. If you complain about sick days and vacation days right off the bat, it makes you look like a risk to an employer.

Personally, I would keep quiet about it. If it is a good school, as I stated before, then these minor compromises are worth it.

Quote:
(1) The Instructor is to provide....


Does the contract state employer/employee? If not, you could be considered an "independent contractor". Independent contractors pay all pension and higher taxes, whereas the employer would give the employee half of the pension contributions. That's free money for the employee, in addition to the salary, overtime, or severance.

Quote:
The Instructor is to follow School’s decision on the number of hours to teach per month, class schedule, classrooms, and the course of instruction.


This part is not good. Weekly hours are better than monthly total hours. The hours and weekly schedule should be negotiated before you sign the contract, and the contract should state clearly a limit. Maybe you won't get an exact schedule, but you should get a general idea.

Quote:
The Instructor is to be present at School before the scheduled class hours (working hours) to teach and prepare for language training materials related to the instruction. The instructor must be at school before 30minute of the class-hour.


The problem with this contract is that they keep throwing in obligations like a magic trick into well written clauses. Yes, you should come early to prepare, but they added "teach".

Typically, you get overtime pay for teaching outside working hours. What they are doing is opening you up to take some overtime hours but can later say you either didn't do the minimum required or state that you have 5 days worth of 30 minutes of teaching more to do because of this clause. They then don't pay you for overtime and could get the occasional make up lesson or new student for free.

Quote:
(2) Monthly Salary : million won


Need an amount to properly evaluate the offer.

Quote:
3) The School guarantees the Instructor the monthly salary as stated above, and the Instructor agrees to be available to teach all class hours offered by School. If the Instructor cannot teach the required class hours due to his/her unavailability, the monthly salary guarantee will not apply, and it may be cause for termination of the contract.


It states 40 hours. So, how much is teaching, how much is office hours? Ask, find out the current schedule.

Quote:
4) Income taxes will be deducted in accordance with Korean Tax Laws. If the Instructor is absent from his/her class without a notice, 1.5 times of the class hour payment is deducted.


They slipped in another thing. If they are talking about taxes, what does being absent to a class have to do with it? It is a separate condition and should be numbered 5 in this case. I think 1.5 is too much, but with a better contract I would just skip it because that would be about 27-30,000 won. If you really missed it, then it's not the school's fault.

Quote:
(1) The Instructor may choose one of the two options as stated below:
The School provides a shared housing, or a single accommodation.


Tell them now rather than later which you want. This goes for the school you choose, not necessarily this one.

Quote:
11. Handling Policy of No-Class Due To the Instructor’s Absence


Does this mean there are no make up classes?

Quote:
The Instructor is responsible for obtaining the visa prior to the beginning of contract period.


That's great if you know where to go. If you are new to this, get the recruiter involved. That's what the school is paying them for. Don't let them make you do the legwork while they collect the commission.

Quote:
e. Assigned classes may and can be changed without a notice, also should follow the direction. The Employee is required to teach all classes.


If they are now going to call you employee, why not have them change that throughout the contract? Use one word. Sometimes contracts start out by stating, "Employee will now be referred as 'teacher'". I am not sure how legal this is, but that would be good enough to convince me I would be treated as an employee and not an independent contractor.

Quote:
e. Assigned classes may and can be changed without a notice, also should follow the direction. The Employee is required to teach all classes.
f. Attendance at instructors meetings, workshops, and parents meetings is obligatory.
g. Attend workshops as scheduled in the annual calendar. Some workshops may fall on a Saturday.
h. Attend the annual events and excursion. These will be on a Sunday.
i. Participate other teaching related duties as assigned.
j. The preparation time, students’ evaluation and staff meetings are not considered as teaching time. Teaching time is considered to be time spent instructing in the classroom.
k. The School will have four times workshop during the year contract and will be held on Saturday or Sunday. Please note these workshops. Mini Drama contest and playing and Summer Camp are considered as part of the teacher’s monthly salary and the teacher doesn’t receive and extra pay for these events and workshops.
l. The Instructors as teacher should keep his/her students’ records such as attendance, evaluation, test forms, test results, conference meeting records, ESL classes’ program or supplements etc..


Here's the litany of additional obligations, no magic trick this time. They are upfront about it. Do you agree to all this? The salary would have to be 2.5 or higher to make me even consider talking with the school. I would then negotiate for 2.6 or higher.

If they just want 25-30 classes and I didn't need to do 10-15 hours of office time (they stated a total of 40 and coming to school 30 minutes before, it adds up), then perhaps 2.3-2.5 might be a worthwhile salary.

It's definitely not an offer I would take for 2.0-2.2 due to all the extra obligations and no clear mentioning of overtime rates. That's because they aren't planning on giving you any overtime pay.
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