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THE CONTRACT REVIEW THREAD: Post yours here for a review
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jakeo125



Joined: 07 Mar 2013

PostPosted: Sun Mar 10, 2013 6:12 am    Post subject: Reply with quote

thanks alot!

It doesnt state anywhere that im an employee though my recruiter told me they will be taking 3.3% out of my wage for tax and paying half my medical and pension so it seems odd to register me as a contractor. is this a huge redflag suggestion that they will most likely be screwing me over the pension and medical money?
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YTMND



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

PostPosted: Sun Mar 10, 2013 6:31 am    Post subject: Reply with quote

Quote:
is this a huge redflag suggestion that they will most likely be screwing me over the pension and medical money?


It's possible. The worry I have is whether they will contribute the money or not. If your salary is high, then it's possible to offset higher deductions.

Look at the offer on the whole, not just one aspect.
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jakeo125



Joined: 07 Mar 2013

PostPosted: Mon Mar 11, 2013 5:06 am    Post subject: Reply with quote

Hi again, if you could check this too that would be great ( dont worry ive made sure to remove any sensitive info this time)

All the best

Employment Agreement for Teacher Contract

This EMPLOYMENT AGREEMENT has been made this of February, 2013 between ******** under the laws of South Korea at #***********************, Republic of Korea(hereinafter referred as the “Employer”) and (Hereinafter referred as the “Teacher”) under the terms and conditions set forth below.

Both parties agree on the following terms and conditions:

CLAUSE 1(APPOINTMENT)
a. The employer agrees to employ the teacher during the period stipulated herein.
b. The teacher agrees to accept the employment and will work in his/her full capacity for the school

CLAUSE 2 (PERIOD OF EMPLOYMENT)
a. The total agreement term is one (1) full year, commencing from the date of the first teaching day in ********* and to the last teaching day of the teacher’s twelve months.
( , March, 2013~ , March, 2014)
b. In the event of the teacher wishing to leave before contract period ends, a teacher must gives 60 days notice (in writing) to the director earlier before leaving.

CLAUSE 3 (THE EMPLOYER’S RESPONSIBILITIES)
a. The employer and teacher are equal individuals working together to provide best quality English instruction under the terms stated in this contract.
b. The employer will honor the terms and conditions of employment for the teacher as stated within this contract.

CLAUSE 4 (THE TEACHER’S RESPNISIBILITIES AND DUTIES)
a. During the terms of this Agreement, the teacher must cooperate and comply with the instructions and disciplines of the school. Assisting the Supervisor he/she must carry out assignments as directed by the employer. The Supervisor will be responsible for establishing and communicating the Standards of Performance as related to the duties stated in this contract.
b. Teachers at all institutes are expected to dress in a tidy and well-presented manner while teaching and while on the Institute premises. Ripped blue jeans, shorts, sandals are not considered appropriate dress. All clothes worn are to be clean and neatly pressed. Koreans generally dress conservatively.
c. The teacher’s work will include the following:
① Teaching of English language (Main target students’ ages: 4 to 15)
② Development of educational programs and materials
③ Curriculum design and implementation
④ Indoor and outdoor classroom activities for/with students
⑤ Student counseling or evaluation
⑥ Attending at teacher’s meeting, workshops and parents’ meeting
⑦ Other related activities
d. The work time is from 10:00 a.m to 7:05 p.m. Teacher should arrive at school until 9:40 am.

CLAUSE 5 (SALARY)
a. The employer agrees to pay the teacher 2,100,000 won per month.
b. Each teaching hour exceeding the 120 working hours per month is considered as overtime. And the payment for the overtime will be 18,000 won per an hour. Attendence at scheduled staff meetings and workshops is mandatory and not considered as overtime.
c. For the understanding of school system, observation can be allowed to a teacher depend on the situation. The one day observation is paid 30,000 won.
d. For getting visa, it need cost for medical checking, making foreign card, about 100,000won. A teacher will pay the cost about 100,000 won.
e. The payment of the salary is to be made on 7th of the following month.
f. Attendance at scheduled staff meetings, workshops, preparation of lessons, and evaluation of students are mandatory and not paid.

CLAUSE 6 (WORKING HOURS)
a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor from Monday through Friday.
b. The employer cannot guarantee his/her requested teaching schedule.
c. Teachers will be required to attend some special events throughout the year (Workshops, graduation ceramony, etc) which may fall on a Saturday. Teachers will not receive additional compensation for these days.

CLAUSE 7 (TAX)
Income tax and residence taxes will be withheld from the salary in accordance with the Korean tax law (5% ~ 7%).

CLAUSE 8 (TRANSPORTATION)
a. One way trip economy airfare is provided with the one-year contract from the teacher’s nearest airport to the international airport in Korea. Upon completion of this contract, the teacher will be provided with a return ticket.
b. If the teacher leaves the school before his/her contract period ends, the school will not pay for his/her return ticket.
c. If the teacher leaves the school prior to completing contract for any reason, the teacher must reimburse the airfare paid by the school.
d. The half cost of airfare that school paid for a teacher will be deposit from the first salary, it will refund after 1 month.

CLAUSE 9 (VACATION & HOLIDAYS)
The teacher will be allowed for national holidays and vacation that are indicated in yearly academic calendar of ********. It may 5 days in summer vacation, 5days in winter vacation excluding weekend.

CLAUSE 10 (ACCOMMODATIONS)
a. The school will provide the teacher with furnished accommodations.
b. Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, kitchen table, chairs, gas hot plate, air conditioner and telephone.
c. Selection of the apartment will be made by the employer.
d. The cost of the apartment will be made by the employer.
e. The cost of monthly service, utilities, and telephone charges for the accommodations will be paid by the teacher.
f. For the first month, the Employer will withhold a deposit of 300,000 won, in order for the employer to pay off utility and telephone charges. The deposit money is returned on the finishing contract.
g. A teacher has a responsiblilty of clean up the apartment for next teacher in leaving by the end of contract. For that, a teacher pay 80,000 won for the clean up.

CLAUSE 11 (SEVERANCE PAYMENT)
Upon completion of this one-year contract, the teacher will receive on additional basic salary of 2,000,000 won as a severance payment in accordances with Korean Labor Laws. This payment will be made at time of completion of the contract period and income tax will be withheld from this payment.

CLAUSE 12 (DISMISSAL OR VOLUNTARY RESIGNATION)
a. The employer reserves the right to dismiss the teacher from employment for the following causes.
(1) Neglect or inability to perform his/her duties stipulated in this agreement.
(2) Frequent absences from work
(3) Receiving two warning letters.
(4) Criminal behavior or misconduct
(5) Teaching any private classes outside of the *********
b. The employer agrees to give the employee 10 working days notice in the event of dismissal. However, in the case of a teacher’s criminal behavior or misconduct, he/she will be dismissed from employer immediately with no warning or notice.
c. In the event the teacher resigns from employment, he/she should give two months notice to the employer.
d. In either case of dismissal or resignation before completing the contract term, the teacher will NOT receive any severance payment in accordance with Korean Labor Laws.

CLAUSE 13 (GOVERING LAW & JURISDICTION)
a. This agreement is governed by the law of the Republic of Korea
b. This agreement is made final and firm unless any material modification or attachment to this agreement is executed with the full knowledge and consent of the undersigned and incorporated into this agreement.

CLAUSE 14 (MEDICAL INSURANCE)
a. Medical insurance is to be provided by Korean Medical Insurance Union or a different private health insurance company/organization.
b. Half of the insurance premium is to be paid by the employer, while the other half is to be covered by the teacher.
In witness thereof, we have affixed our signature hereon.
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YTMND



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

PostPosted: Mon Mar 11, 2013 7:34 pm    Post subject: Reply with quote

Quote:
This EMPLOYMENT AGREEMENT has been made this of February, 2013 between ******** under the laws of South Korea at #***********************, Republic of Korea(hereinafter referred as the “Employer”) and (Hereinafter referred as the “Teacher”) under the terms and conditions set forth below.



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:
d. The work time is from 10:00 a.m to 7:05 p.m. Teacher should arrive at school until 9:40 am.


Long hours, and do you agree to all the extras they want on that list?

Quote:
Income tax and residence taxes will be withheld from the salary in accordance with the Korean tax law (5% ~ 7%).


Very high.

Quote:
b. If the teacher leaves the school before his/her contract period ends, the school will not pay for his/her return ticket.


Usually after 6 months you shouldn't have to.

Quote:
d. The half cost of airfare that school paid for a teacher will be deposit from the first salary, it will refund after 1 month.


Make sure they mean flight to Korea and not half of that flight. The wording is vague.

Quote:
Upon completion of this one-year contract, the teacher will receive on additional basic salary of 2,000,000 won as a severance payment


But salary is 2.1, so it should be 2.1

Too many no goes for me. I will stop here. Either they make changes or I wouldn't do it.
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MagicPotion14



Joined: 22 Jan 2013

PostPosted: Tue Mar 12, 2013 12:33 am    Post subject: Reply with quote

Letter of Contract

주소
The Board of Directory of ETS( hereafter

referred to as “The school”) and _______ ___________ ( hereafter referred to as

“The employee” ) agree to a contract for regular full-time English teaching as

follows.

1.Period of Contract: from 2013, April,10th to , 2014 ,April,10th ( 1 year)

2. Working Hours: from 09:40a.m. to :p.m. 6:30(including preparation time)

a. The teacher agrees to teach 120 teaching hours per month and to adequately prepare for classes.
b. Teachers will be required to attend some special events throughout the year (Workshop, Graduation Ceremony, Sports Day, etc.) which may fall on a Saturday. Teachers will not receive additional compensation for these days. Except weekend farm activity which may happen one a month.


3. Working Days: 5 days per week

4. Employment Obligations

A) At all times during the term of this Contract, the employee should respect the rules and standards of conduct of ETS ( written, verbal, and tacit ) and the employee understands and agrees that he/she will strictly adhere to and obey all laws, regulations, provisions, instructions and guidance from the government of Korea or any local government of officials. The employee is required to be punctual, reliable and most of all professional in representing ETS

B) Not to be employed by any other agencies or persons during the contract period.
Employment elsewhere shall not be permitted in accordance with Korean law.
To notify employer 10 weeks in advance when the employee wants to resign or renew the contract.

C) The employee should come to class on time, prepared and ready to teach.
Follow a set curriculum (Math, Science, ORDA, ESL, )and prepare materials to use prior to lesson. The employee is required to prepare student evaluations, keep accurate records of student attendance and performance, prepare for the presentation, supervise play, field trip, write evaluation reports for the students, attend workshops and teacher’s meetings. All of above work falls within job description.

D) Demonstrate respect for all students, teachers, staff and parents;
speaking, dressing and acting in an acceptable manner;
-no beach slippers allow in the classroom
-inappropriate words and physical abuse includes any violent physical contact or throwing objects exhibited towards a student or teachers or staff on school property, buses, or during field trips are prohibited.


E) Allow director, academic director, and team manager to observe lessons. If an employee wants to adjust lesson plans, then teacher should discuss changes with an academic director in advance.

F) Working hours that exceed the contracted daily hours are considered as over time. The employee could be required to work any additional hours that school may request and also requires the employee to substitute for other employees who may be sick or absent. If the actual number of teaching hours scheduled for any given teaching term is less than contract teaching hours, the employee will be required to devote the remaining hours to related academic work under the supervision of the academic director.

G) The employee should return all school belongings to school when the contract terminates.
i) All things that school has rented or lent to the employee.
ii) Teaching materials: visual aids, work sheets, and books that teachers made with school’s supplies and materials that were made within working hours.
iii) Text books, reference books, and any other properties that owned by the school.

H) When the employee violates any of the obligations, one or all of the following consequences will be enforced, depending upon the seriousness of the misconduct(s). These consequences will be in effect throughout the teacher's year..

i) The employee will receive a letter of warning,
ii) The employee will be immediately dismissed from the school.

5. Benefits

A) Payment

a. The employer agrees to pay the teacher salary of 2.1 Mil KRW won for 120 hours per Month and preparation for classes.

b. Income tax on the monthly salary and the severance payment runs at 3.3%. This rate may change in accordance to Korean Law. ETS will not provide the national pension plans.

c. ACC will provide the teacher with additional 100, 000 for summer breaks. 5 week days of break will be given to teachers during the summer. Vacation times will be determined by school and generally follow annual school closures. The employee is responsible to return to school on time.



B) Severance Pay
Upon completion of this one-year contract, the teacher will receive one additional 1 month salary as a bonus. Income tax will be withheld from this payment.

C) Air fare
The school will provide an economy class ticket (one-way) to Korea from a major international airport. After completing the one-year contract, employee will be provided a return ticket. In the event that the employee will fully leaves the school before the contract ends, the employee must pay back the initial airfare or the school may deduct the amount of airfare from the employee’s last payment.

D) Medical Benefits and Sick Leave
The employee will have health, accidental injury, and death coverage through a
private insurance company. ETS will pay the entire amount of monthly premium on behalf of the employee. Employee is entitled to three paid sick days per contract year. To qualify for sick pay, employee will be required to submit documentation from a qualified physician or clinician to the employer.
]

6. Salary Deductions

A) In case of an absence, the amount equivalent to 1/20 of one month salary will be deducted from the Teacher’s salary except the case when it is considered sick leave. The teacher has to give notice to the academic director an hour before the class begins and hand out papers or reasons that justify his/ or her absence.

B) The employee has to be punctual for classes. Three late arrivals or leaving work early will count as one absence.

7. Housing
A). The employee shall be provided furnished Single housing with cooking facilities. Amenities include A/C, TV, refrigerator, blanket, pillow, kitchen table, chairs, washing machine, and Employee shall be responsible for payment of all utility bills including electricity, gas, water, telephone, internet access, and any other recurring charges associated with the provision of services to the apartment.

B) The employee shall be provided with a complete inventory of all furniture and appliances in the apartment on his/her arrival and shall be responsible for all loss and breakage other than normal wear and tear.

C) The employee shall deposit for house 200,000 won per month for 6 months and it will be given back to the employee after settling the balance of bills for the housing facilities on the completion of the contract. This total amount of 1200,000won will be used as an expense to replace a teacher when the teacher leaves before the contract term.

8. Renegotiation
The terms of this agreement will not be changed before the completion of this
contract without the acceptance and approval of both the employee and employer.

9. Employee-Employer Relation Clause:
Both the employee and ETS shall keep in confidence all the contents of this contract from all other ETS employees. Failure to do so may result in the nullifying of the contract by either party.

10. Governing Law
This agreement shall be governed and constructed by the laws of the Republic of
Korea. IN WITNESS WHEREOF, the undersigned parties have executed the agreement as of the date first above written.

The employee

Full name ( print ) :

(signature) : ____________________ Date : __________________

The employer

Full name ( print ):

(signature) : ______ ________Date :
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YTMND



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

PostPosted: Tue Mar 12, 2013 3:27 am    Post subject: Reply with quote

YTMND wrote:
Quote:
This EMPLOYMENT AGREEMENT has been made this of February, 2013 between ******** under the laws of South Korea at #***********************, Republic of Korea(hereinafter referred as the “Employer”) and (Hereinafter referred as the “Teacher”) under the terms and conditions set forth below.



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:
d. The work time is from 10:00 a.m to 7:05 p.m. Teacher should arrive at school until 9:40 am.


Long hours, and do you agree to all the extras they want on that list?

Quote:
Income tax and residence taxes will be withheld from the salary in accordance with the Korean tax law (5% ~ 7%).


Very high.

Quote:
b. If the teacher leaves the school before his/her contract period ends, the school will not pay for his/her return ticket.


Usually after 6 months you shouldn't have to.

Quote:
d. The half cost of airfare that school paid for a teacher will be deposit from the first salary, it will refund after 1 month.


Make sure they mean flight to Korea and not half of that flight. The wording is vague.

Quote:
Upon completion of this one-year contract, the teacher will receive on additional basic salary of 2,000,000 won as a severance payment


But salary is 2.1, so it should be 2.1

Too many no goes for me. I will stop here. Either they make changes or I wouldn't do it.


Do you agree to this?





























YES or NO?
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YTMND



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

PostPosted: Tue Mar 12, 2013 3:29 am    Post subject: Reply with quote

MagicPotion14 wrote:
Letter of Contract

주소
The Board of Directory of ETS( hereafter

referred to as “The school”) and _______ ___________ ( hereafter referred to as

“The employee” ) agree to a contract for regular full-time English teaching as

follows.

1.Period of Contract: from 2013, April,10th to , 2014 ,April,10th ( 1 year)

2. Working Hours: from 09:40a.m. to :p.m. 6:30(including preparation time)

a. The teacher agrees to teach 120 teaching hours per month and to adequately prepare for classes.
b. Teachers will be required to attend some special events throughout the year (Workshop, Graduation Ceremony, Sports Day, etc.) which may fall on a Saturday. Teachers will not receive additional compensation for these days. Except weekend farm activity which may happen one a month.


3. Working Days: 5 days per week

4. Employment Obligations

A) At all times during the term of this Contract, the employee should respect the rules and standards of conduct of ETS ( written, verbal, and tacit ) and the employee understands and agrees that he/she will strictly adhere to and obey all laws, regulations, provisions, instructions and guidance from the government of Korea or any local government of officials. The employee is required to be punctual, reliable and most of all professional in representing ETS

B) Not to be employed by any other agencies or persons during the contract period.
Employment elsewhere shall not be permitted in accordance with Korean law.
To notify employer 10 weeks in advance when the employee wants to resign or renew the contract.

C) The employee should come to class on time, prepared and ready to teach.
Follow a set curriculum (Math, Science, ORDA, ESL, )and prepare materials to use prior to lesson. The employee is required to prepare student evaluations, keep accurate records of student attendance and performance, prepare for the presentation, supervise play, field trip, write evaluation reports for the students, attend workshops and teacher’s meetings. All of above work falls within job description.

D) Demonstrate respect for all students, teachers, staff and parents;
speaking, dressing and acting in an acceptable manner;
-no beach slippers allow in the classroom
-inappropriate words and physical abuse includes any violent physical contact or throwing objects exhibited towards a student or teachers or staff on school property, buses, or during field trips are prohibited.


E) Allow director, academic director, and team manager to observe lessons. If an employee wants to adjust lesson plans, then teacher should discuss changes with an academic director in advance.

F) Working hours that exceed the contracted daily hours are considered as over time. The employee could be required to work any additional hours that school may request and also requires the employee to substitute for other employees who may be sick or absent. If the actual number of teaching hours scheduled for any given teaching term is less than contract teaching hours, the employee will be required to devote the remaining hours to related academic work under the supervision of the academic director.

G) The employee should return all school belongings to school when the contract terminates.
i) All things that school has rented or lent to the employee.
ii) Teaching materials: visual aids, work sheets, and books that teachers made with school’s supplies and materials that were made within working hours.
iii) Text books, reference books, and any other properties that owned by the school.

H) When the employee violates any of the obligations, one or all of the following consequences will be enforced, depending upon the seriousness of the misconduct(s). These consequences will be in effect throughout the teacher's year..

i) The employee will receive a letter of warning,
ii) The employee will be immediately dismissed from the school.

5. Benefits

A) Payment

a. The employer agrees to pay the teacher salary of 2.1 Mil KRW won for 120 hours per Month and preparation for classes.

b. Income tax on the monthly salary and the severance payment runs at 3.3%. This rate may change in accordance to Korean Law. ETS will not provide the national pension plans.

c. ACC will provide the teacher with additional 100, 000 for summer breaks. 5 week days of break will be given to teachers during the summer. Vacation times will be determined by school and generally follow annual school closures. The employee is responsible to return to school on time.



B) Severance Pay
Upon completion of this one-year contract, the teacher will receive one additional 1 month salary as a bonus. Income tax will be withheld from this payment.

C) Air fare
The school will provide an economy class ticket (one-way) to Korea from a major international airport. After completing the one-year contract, employee will be provided a return ticket. In the event that the employee will fully leaves the school before the contract ends, the employee must pay back the initial airfare or the school may deduct the amount of airfare from the employee’s last payment.

D) Medical Benefits and Sick Leave
The employee will have health, accidental injury, and death coverage through a
private insurance company. ETS will pay the entire amount of monthly premium on behalf of the employee. Employee is entitled to three paid sick days per contract year. To qualify for sick pay, employee will be required to submit documentation from a qualified physician or clinician to the employer.
]

6. Salary Deductions

A) In case of an absence, the amount equivalent to 1/20 of one month salary will be deducted from the Teacher’s salary except the case when it is considered sick leave. The teacher has to give notice to the academic director an hour before the class begins and hand out papers or reasons that justify his/ or her absence.

B) The employee has to be punctual for classes. Three late arrivals or leaving work early will count as one absence.

7. Housing
A). The employee shall be provided furnished Single housing with cooking facilities. Amenities include A/C, TV, refrigerator, blanket, pillow, kitchen table, chairs, washing machine, and Employee shall be responsible for payment of all utility bills including electricity, gas, water, telephone, internet access, and any other recurring charges associated with the provision of services to the apartment.

B) The employee shall be provided with a complete inventory of all furniture and appliances in the apartment on his/her arrival and shall be responsible for all loss and breakage other than normal wear and tear.

C) The employee shall deposit for house 200,000 won per month for 6 months and it will be given back to the employee after settling the balance of bills for the housing facilities on the completion of the contract. This total amount of 1200,000won will be used as an expense to replace a teacher when the teacher leaves before the contract term.

8. Renegotiation
The terms of this agreement will not be changed before the completion of this
contract without the acceptance and approval of both the employee and employer.

9. Employee-Employer Relation Clause:
Both the employee and ETS shall keep in confidence all the contents of this contract from all other ETS employees. Failure to do so may result in the nullifying of the contract by either party.

10. Governing Law
This agreement shall be governed and constructed by the laws of the Republic of
Korea. IN WITNESS WHEREOF, the undersigned parties have executed the agreement as of the date first above written.

The employee

Full name ( print ) :

(signature) : ____________________ Date : __________________

The employer

Full name ( print ):

(signature) : ______ ________Date :


Do you agree to this? NO or YES?
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MagicPotion14



Joined: 22 Jan 2013

PostPosted: Tue Mar 12, 2013 3:56 am    Post subject: Reply with quote

Well, there's a couple of things I am curious about.

"
Quote:
Working hours that exceed the contracted daily hours are considered as over time. The employee could be required to work any additional hours that school may request and also requires the employee to substitute for other employees who may be sick or absent.


Does this mean they could make me work all weekend if they wanted to?

The contract also states there's no pension, but the school do pay the whole amount for my health insurance? Does this happen frequently?

Quote:
c. ACC will provide the teacher with additional 100, 000 for summer breaks. 5 week days of break will be given to teachers during the summer. Vacation times will be determined by school and generally follow annual school closures. The employee is responsible to return to school on time.


This only mentions 5 days holiday in the summer. Does this mean, in theory, that the school could get away with only giving me 5 days off for the whole year? The contract doesn't mention the actual amount of holiday days given.

I guess I was just looking to see if there are any particularly bad points in the contract.
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YTMND



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

PostPosted: Tue Mar 12, 2013 4:14 am    Post subject: Reply with quote

Quote:

Well, there's a couple of things I am curious about.

"
Quote:
Working hours that exceed the contracted daily hours are considered as over time. The employee could be required to work any additional hours that school may request and also requires the employee to substitute for other employees who may be sick or absent.


Does this mean they could make me work all weekend if they wanted to?


Where is the contract? Let's see it in context ok? Yo yee yo!!!!

Quote:
The contract also states there's no pension, but the school do pay the whole amount for my health insurance? Does this happen frequently?

Quote:
c. ACC will provide the teacher with additional 100, 000 for summer breaks. 5 week days of break will be given to teachers during the summer. Vacation times will be determined by school and generally follow annual school closures. The employee is responsible to return to school on time.


This only mentions 5 days holiday in the summer. Does this mean, in theory, that the school could get away with only giving me 5 days off for the whole year? The contract doesn't mention the actual amount of holiday days given.

I guess I was just looking to see if there are any particularly bad points in the contract.


Where is the contract? Let's see it in context ok? Yo yee yo!!!!
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MagicPotion14



Joined: 22 Jan 2013

PostPosted: Tue Mar 12, 2013 4:29 am    Post subject: Reply with quote

Quote:
4. Employment Obligations

A) At all times during the term of this Contract, the employee should respect the rules and standards of conduct of ETS ( written, verbal, and tacit ) and the employee understands and agrees that he/she will strictly adhere to and obey all laws, regulations, provisions, instructions and guidance from the government of Korea or any local government of officials. The employee is required to be punctual, reliable and most of all professional in representing ETS

B) Not to be employed by any other agencies or persons during the contract period.
Employment elsewhere shall not be permitted in accordance with Korean law.
To notify employer 10 weeks in advance when the employee wants to resign or renew the contract.

C) The employee should come to class on time, prepared and ready to teach.
Follow a set curriculum (Math, Science, ORDA, ESL, )and prepare materials to use prior to lesson. The employee is required to prepare student evaluations, keep accurate records of student attendance and performance, prepare for the presentation, supervise play, field trip, write evaluation reports for the students, attend workshops and teacher’s meetings. All of above work falls within job description.

D) Demonstrate respect for all students, teachers, staff and parents;
speaking, dressing and acting in an acceptable manner;
-no beach slippers allow in the classroom
-inappropriate words and physical abuse includes any violent physical contact or throwing objects exhibited towards a student or teachers or staff on school property, buses, or during field trips are prohibited.


E) Allow director, academic director, and team manager to observe lessons. If an employee wants to adjust lesson plans, then teacher should discuss changes with an academic director in advance.

F) Working hours that exceed the contracted daily hours are considered as over time. The employee could be required to work any additional hours that school may request and also requires the employee to substitute for other employees who may be sick or absent. If the actual number of teaching hours scheduled for any given teaching term is less than contract teaching hours, the employee will be required to devote the remaining hours to related academic work under the supervision of the academic director.

G) The employee should return all school belongings to school when the contract terminates.
i) All things that school has rented or lent to the employee.
ii) Teaching materials: visual aids, work sheets, and books that teachers made with school’s supplies and materials that were made within working hours.
iii) Text books, reference books, and any other properties that owned by the school.

H) When the employee violates any of the obligations, one or all of the following consequences will be enforced, depending upon the seriousness of the misconduct(s). These consequences will be in effect throughout the teacher's year..

i) The employee will receive a letter of warning,
ii) The employee will be immediately dismissed from the school.


Quote:

A) Payment

a. The employer agrees to pay the teacher salary of 2.1 Mil KRW won for 120 hours per Month and preparation for classes.

b. Income tax on the monthly salary and the severance payment runs at 3.3%. This rate may change in accordance to Korean Law. ETS will not provide the national pension plans.

c. ACC will provide the teacher with additional 100, 000 for summer breaks. 5 week days of break will be given to teachers during the summer. Vacation times will be determined by school and generally follow annual school closures. The employee is responsible to return to school on time.



B) Severance Pay
Upon completion of this one-year contract, the teacher will receive one additional 1 month salary as a bonus. Income tax will be withheld from this payment.

C) Air fare
The school will provide an economy class ticket (one-way) to Korea from a major international airport. After completing the one-year contract, employee will be provided a return ticket. In the event that the employee will fully leaves the school before the contract ends, the employee must pay back the initial airfare or the school may deduct the amount of airfare from the employee’s last payment.

D) Medical Benefits and Sick Leave
The employee will have health, accidental injury, and death coverage through a private insurance company. ETS will pay the entire amount of monthly premium on behalf of the employee. Employee is entitled to three paid sick days per contract year. To qualify for sick pay, employee will be required to submit documentation from a qualified physician or clinician to the employer.


I've highlighted the previous points in bold. Cheers
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YTMND



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

PostPosted: Tue Mar 12, 2013 4:01 pm    Post subject: Reply with quote

Quote:
The employee could be required to work any additional hours that school may request and also requires the employee to substitute for other employees who may be sick or absent. If the actual number of teaching hours scheduled for any given teaching term is less than contract teaching hours, the employee will be required to devote the remaining hours to related academic work under the supervision of the academic director.


You have to read the whole part, not just selected spots. I think it is more important to realize they will want you to do other work if you don't teach enough. Usually they try to avoid overtime issues by scheduling less classes the next week. Then at the end of the month they say you didn't really do overtime.

It's your choice. What do you want to commit to?

Quote:
b. Income tax on the monthly salary and the severance payment runs at 3.3%. This rate may change in accordance to Korean Law. ETS will not provide the national pension plans.


If you are an employee, I think they have to. So, this might be a reason to not sign the contract.

Quote:
5 week days of break will be given to teachers during the summer. Vacation times will be determined by school and generally follow annual school closures.


I don't know why you highlighted this. This is normal. You get about 5 days in summer and at winter they celebrate winter holidays as well. Even if it isn't listed you should still get some time off totaling 10. More for less pay that month is also possible.

Talk with the school, negotiate to your heart's content.

It boils down to you and what you want to commit to. Your choice, your job.
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jakeo125



Joined: 07 Mar 2013

PostPosted: Wed Mar 13, 2013 10:44 am    Post subject: Reply with quote

Do you agree to this?


Hey YTMND, yea I agree to it, i even took the plunge and sent the contract off after getting some really thorough and detailed advice from all sorts of people on a facebook page, people who know the school / live in daejeon. small world, how amazing.

Hope your well thanks for your help and advice.
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fmott001



Joined: 11 Mar 2013

PostPosted: Thu Mar 14, 2013 9:45 am    Post subject: Reply with quote

Hi Everyone. I just got this contract and this is the first time I've gotten one so I need any advice I can get as soon as possible. Thanks in advance.

1.0 Employer and employee agree to the following:

Employee accepts employment from employer to teach the English language 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 orientation (April , , 2013) and finishes on the last teaching day ( April , , 2014) of the last teaching month covered under this agreement.


2.0 Duties

2.1 During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer. The minimum teaching requirement is 100/hr (150-forty minute classes) actual teaching hours per session. Monday through Friday are teaching days except for scheduled public holidays and vacation days.
We will inform you of additional teaching days on Saturday, you will be paid over time and have the option to refuse.
2.2 Total teaching hours in excess of the minimum requirement is calculated each session as overtime payment.
2.3 Payment made for assigned teaching hours is inclusive of payment for preparation and administrative duties connected with those assigned classes. Employee agrees to take orientation and training, attend meetings and workshops scheduled by employer with no extra pay.
2.4 At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.


3.0 Compensation and Other Treatment of Employee

3.1 Salary: The monthly salary will be 2,000,000 Won with 2 payments made on the last day of the last teaching session as part of the severance pay. No part of the thirteenth payment will be paid unless the employee completes the full (12 session) one-year.(During 2013. ~2014. ) contract Overtime payment is made at the rate of 15,000 Won per actual teaching hour. Teaching salary will commence from the first day of teaching. When an employee is absent from scheduled teaching duties salary will be deducted accordingly. Korean income taxes and Korean National Pension Scheme deductions will be withheld. Salary payments will be made on or before the eighth day of the month following the teaching session during which the employment services were provided.
3.2 Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake orientation and training before commencing teaching. The period of training and orientation will usually be two to four days. Employee will receive payment of 30,000 Won per each day of training and orientation.
3.3 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an international airport mutually agreed to by employer and employee (henceforth referred to as point of departure). On completion of the (12-session) full contract period, employer will provide for the employee an economy class ticket for passage from Korea to point of departure. The return air ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment agreement with employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). A full cash equivalent for a return trip From ( ) to Korea, From Korea to ( ). (round trip ticket) will be paid on 2011. . Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets not used by employees.
3.4 Holidays and Vacation: Employee will be entitled to observe all regular scheduled public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are ten (10) vacation days in each calendar year (January - December)
3.5 Medical Insurance: Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by employer and half by employee. Employee’s share of this coverage will be deducted from employee's salary, monthly.
3.6 Accident Compensation: In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.


4.0 Housing

4.1 Employer will provide semi-furnished private bedroom, kitchen, and bathroom for employee.. Furnishings provided to each employee include: a bed, a dresser, and an air conditioner, a kitchen table and chairs, two-burner gas hotplate, a refrigerator, a telephone, a television, and a washing machine Employee will have to supply his or her own pillow, pillowcase and bed sheets. This will be available by ( )
4.2 Employee(s) is responsible for all maintenance, utility and telephone charges for accommodation provided by employer. As a sale occupant of a single apartment, he or she will be responsible for the above mentioned expenses.
4.3 Employee agrees to a deduction of 200,000 Won per month from the first three months of employment totaling 600,000 Won as housing management deposit. This deposit is to cover any unpaid monthly service, utility, and telephone charges at the completion of this contract and/or resignation or dismissal of the employee before the termination of this contract. Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.


5.0 Dismissals or Voluntary Resignation

5.1 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.
5.2 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. Employer will not pay the cost of return transportation to point of departure for employee. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare provided for travel to Korea and other benefits provided to employee.


6.0 Covenants

6.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. To undertake such employment is a breach of Korean Immigration law and can have serious consequences.
6.2 The employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer.







7.0 Jurisdiction

7.1 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 or claim arising out of, or in connection with, this agreement.

7.2 Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.
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YTMND



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

PostPosted: Thu Mar 14, 2013 4:19 pm    Post subject: Reply with quote

Quote:
The minimum teaching requirement is 100/hr (150-forty minute classes) actual teaching hours per session.


Usually, it's 120. Do you want to do up to 30 possible free overtime hours? The average is 45 minutes, so it's not quite 30 but you can still do the math and see you will be working unpaid overtime if you do 150-forty minute classes.

The salary should be 2.4 then or higher. 2.3 if there are other incentives like location or work schedule.

Quote:
Overtime payment is made at the rate of 15,000 Won per actual teaching hour.


18,000-20,000 is average.
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fmott001



Joined: 11 Mar 2013

PostPosted: Thu Mar 14, 2013 5:45 pm    Post subject: Reply with quote

Thanks, I will get them to fix that. Also I have no teaching experience and my time is running out to get my visa bc of my background check date so I'm not too worried about the pay.
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