Site Search:
 
Speak Korean Now!
Teach English Abroad and Get Paid to see the World!
Korean Job Discussion Forums Forum Index Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Contract I'd like reviewed, please?

 
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum
View previous topic :: View next topic  
Author Message
Semifinal



Joined: 07 Aug 2013

PostPosted: Sun Dec 17, 2017 11:10 pm    Post subject: Contract I'd like reviewed, please? Reply with quote

Hi. Recently had to end a gig in a public afterschool program and it's been a couple of years since I've had to deal hagwons or their contracts. I'd appreciate any extra set of eyes on this contract.

This from a franchise that has a pretty terrible reputation, but I haven't found any negativity about this particular branch in the last decade. I'll be talking to a current employee shortly.

_____________________________________________________________

TEACHER OBLIGATIONS

A. Supervision and Responsibilities

▪ The Teacher should work closely with Academic Supervisor and other colleagues in the planning, observation, and review of instruction.
▪ As a member of the Institute, the Teacher will contribute to the cumulative experience, wisdom, and resources of team dedicated to developing, implementing, and evaluating a comprehensive program for teaching English to Koreans.
▪ The Teacher should develop creativity in the instructional program, master and teach oral and written English, support the philosophy and goals of the school, seek help from the support staff, peers, and administration.
▪ The Teacher will have regularly scheduled teaching evaluations conducted by the Academic Supervisor or other designated administrators. These evaluations will be used to assist the teacher in improving his/her teaching.

B. Behavior
▪ The Teacher should respect the rules and standards of conduct of the Institute (written, verbal and tacit) and obey the laws, regulations, instructions, and ordinances of the national and local governments.
▪ The Teacher must serve as a positive role model by being punctual and prompt, demonstrating productive thought processes, taking care of personal appearance, demonstrating good moral values and showing integrity. The Institute does not allow body-piercing, extreme hairstyles, unusual hair color and/or excessive makeup, too tight or revealing dress, inappropriate behavior, such as, the use of profanity or instigations against the school.
▪ Any teaching or employment other than at the above address shall not be permitted, in accordance with Korean Law. Non-compliance may result in discipline including fines and deportation.

C. Workload

▪ No regular schedule of working hours/classes can be guaranteed to the Teacher. The Teacher may work longer than the usual working hours, especially for seasonal and promotional programs during the summer and winter vacation sessions.
.
▪ Working Hour
Work duties require the teacher to work for 20 days per session(12 session in total) or 240 days a year.
The working hour could change in future if both parties agree with it. The Teacher’s daily working hours – including preparation, class teaching and phone teaching hours – are 8 hours.
The Teacher will have at least 21, 80-minute classes per teaching week. The Teacher may be required to substitute, essay or journal correction or, as part of the regular teaching workload.
▪ The Teacher must spend no less than 1.5 hours 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, and upgrading one's professional knowledge and skills without additional pay.
▪ The Teacher’s class preparation should be completed before the class started. And regularly check-up and evaluation are conducted by supervisor.
▪ The work week will follow the yearly academic calendar issued by The Institute.
▪ Teacher’s meetings will be scheduled at the discretion of the Institute Director. Attendance is required. Teacher’s meetings will allow time for discussion of topics of current concern within the program, such as, new policies, procedures, methods of training, instruction, curriculum, and other matters as needed. Teachers are encouraged to help work out practical solutions to problems at these meetings.
▪ Any part of the Teacher workload can be converted into equivalent teaching, research and development work as assigned by the Academic Supervisor.

D. Performance Evaluations
▪ The Teacher is 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 or more frequent basis. 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, attitude, 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.

E. Overtime
▪ In case the Teacher is about or misses his/her classes, the Teacher shall be responsible for the substitute teaching fee. That means the substitute teaching fee shall be deducted from the monthly payment.
▪ All teachers are required to do overtime teaching when supervisor offer. Overtime teaching -beyond 21 units classes - is paid at 25,000 Won./unit. One unit is equivalent to 80 minutes. Overtime pay will not be applied on holidays events, occasional school events, such as Halloween Festival, Christmas Fair, school seminar & workshops. The assignment of overtime above the regular 21 classes and less than 22 classes is at the sole discretion of the School Administration.
▪ Substitute teaching fee- 20,000 Won/unit- for absent sick teacher is paid by offered teacher.

F. Work Schedule
▪ The work week runs from Monday through Friday in monthly periods. The Teacher's schedule will be assigned by the School Principal. Generally, teachers who start early their class-hour finish their working schedule early.

G. Covenants
▪ 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 relating to the academic program, whether verbally or in written, to individuals or corporate entities.
▪ All teaching materials including any books given to the Teacher by the Institute and reference materials prepared for the classes by the Teacher should be returned after using and the Teacher must not take out or use these materials for other purpose but teaching in The Institute.

. Sole Employment Provider. The Employer shall be the sole employer for the Employee in South Korea during this employment. The Employee shall not seek any forms of income sources out of the Employer without written consent from the Employer. If this happens, termination of employment and the corresponding E-2 visa will be terminated.

TEACHER BENEFITS


A. Monthly Salary
▪ The Institute will pay the Teacher a total monthly basic salary 2,300,000won the 10th of the following next month. The monthly salary is based on the monthly teaching session and payment will be made on 10th day of the following the month. Korean income tax, National Pension and Medical Insurance will be withheld from the monthly salary.

B. Housing
▪ The Institute will provide an private apartment.
▪ The Teacher is required to stay the provided housing from the school. No accept any private reasons.
▪ The apartment will contain Air-conditioning, refrigerator, washing machine, wardrobe, range, and bed.
▪ The Teacher is required to pay for the monthly utilities and telephone bills. A utility/housing deposit which is 600,000 won will be deducted from the teacher’s first to third paychecks to be used at the end of a teacher’s contract to cover the last month’s utilities and other expenses. Teachers get the entire remaining amount of the deposit back once their contract is over.
▪ The Teacher is required to sign a RENTAL AGREEMENT (“apartment contract”- with separate sheets) upon verification of the condition of the apartment. This is to be done during the first month of occupancy. The Teacher is responsible for any damage to the apartment due to negligence. All items provided by the School must remain in the apartment at the end of the teacher’s contract. Any expenses due to damage of the apartment of furnishings, garbage disposal fee, cleaning fee or replacement of furnishings will be deducted from the utility deposit. A final clearance must be completed by the employee at the end of the contract.
. ▪ All provided utensil, appliances and furniture should be kept clean and in a state of good repair, when they are returned. All of the seriously damaged housing environment (wallpaper, knob, window, etc) must be compensated to his/her landlord before leaving. If the compensation is not paid directly to the landlord, the Employer will deduct the amount of damages from the Employee's final salary.
▪ When leaving the apartment, cleaning fee \50,000 will be deducted from the housing deposit.
C. 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 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.

D. Paid Sick Leave and Emergency Leave
▪ Documented sick leave will be paid for a maximum of 3 working days per year. The Teacher should provide the Institute with as much advance notice as possible. If it is found that the hours/ days of absence reported as sick leave were not in fact for such purposes, related costs shall be subtracted from that month's pay.

Emergency Leave is only applicable in case of natural disaster, hospitalization or death of immediate family members, fire, accident, or other emergency situations that have been acknowledged as such by the Director.

▪ Documentation (a doctor’s note) is required in any cases of sick leave.

▪ Emergency Leave may include serious illness of an immediate member of the family (child, spouse, parent), life-threatening situations of members of the immediate family, and emergencies affecting the performance of the teacher. Advance permission must be obtained from the Institute Director before Emergency Leave can be granted.
▪ Any Teacher who takes Emergency Leave without permission for any extended time may have his/her contract terminated.
▪ If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, his/her contracted may terminated. The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.

E. National Pension Plan
In accordance with Korean Law all foreign workers employed by Korean businesses shall contribute to the Korean National Pension plan at a rate of 4.5% (or the ratio stipulated by the Korean National Pension Law) deducted against monthly earnings with the employer's contribution of 4.5%.

F. Airfare
▪ Teachers hired inside Korea will be provided with an one way economy class ticket from Korea to a chosen international airport abroad.
▪ In case Teacher fails to complete 6 months of the contracted period by his or her own fault/reason, the Teacher shall pay back to the Institute the total amount of the air ticket and the actual amount for the visa trip to Japan, in the case of an in-country hiring.

G. Teacher Training
▪ The Teacher shall have a period of training before starting to teach in their Institute.
During the training period, and for the break between the training and the start of teaching, teacher will be in the Institute for classroom observation, or substitute teaching. The Teacher will receive briefings from their Academic Supervisor, and the Institute Director, and will get acquainted with the local institute policies. During this time the Teacher will receive 20,000 won per day. And full monthly salary will be counted from when teacher starts his/her own class schedule.

H. Vacation
▪ The vacation will be scheduled as per the yearly academic calendar which is decided by the Institute. Normally the vacation would be 3~5 days of the week in the summer and 3~5 days of the week at the end of the year. The above vacation will be included monthly paid leave and annual paid leave according to Article 47 and 48 of Korean Labor Standard Law.

I. Severance Pay
▪ On completion of one's responsibilities of the full contract period, an additional month of regular salary 2,300,000 won per one year shall be paid as severance pay. If the Teacher, however, does not complete the full period of one year contract, none of the severance pay shall be paid according to Korean Labor Standard Law. As of July 2012 by law, severance pay will no longer be paid out yearly, but will accumulate during the entire term of employment with The Institute and paid to the teacher in one lump sum. Severance pay will be paid by bank transfer no later than one month after the Teacher has left the Institute. Korean severance tax will be withheld. Any outstanding debts will be subtracted from the severance pay.

J. Performance and Renewal of Contract
▪ The School Director has the authority to dismiss an employee for insubordination, professional ineptitude, gross misconduct or participation in any activities that may jeopardize the institute’s position in Korea or for other justifiable reasons.
▪ If an employee’s job performance is unsatisfactory during the first one-year contract, the School Director has the authority to waive any additional contracts.

K. Completion/Termination and/or Breach or Contract
▪ The Institute reserves the right to terminate this agreement for cause with written notification sixty days in advance, and for serious cause without notice. The Teacher agrees to give written notification sixty days in advance of intention to terminate this agreement or of interest in renewing the contract.
▪ Although pay starts the day the Teacher starts Teacher Training Program, the effective date of this contract is the first teaching day in the Institute. The total period of this agreement is approximately one year, commencing from the first day of the session and finishing on the last teaching day of the Teacher's 12th teaching session. A delay in the Teacher's arrival at the Institute, or in the opening of a new Institute may call for a re-negotiation of the contract period.
Back to top
View user's profile Send private message
ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Dec 17, 2017 11:54 pm    Post subject: Reply with quote

The Slave Labor Program (SLA chain of hagwons) is the same as it ever was. Only an idiot would sign it.

.........................................................................................................

You will work 1700 minutes on your feet for the same money as someone at the next hagwon teaching 1500.

Section E is illegal in its entirety.

Section G
- Teacher training and being paid 20k per day - only a fool would agree (also illegal since it is under the minimum wage as stipulated by the ministry of labor).

Section H is also illegal and a lie.
Vacation is article 60.

Article 60 (Annual Paid Leave)
(1) An employer shall grant 15 days' paid leave to a worker
who has registered not less than 80 percent of attendance
during one year. <Amended by Act No. 11270, Feb. 1, 2012>
(2) An employer shall grant one day's paid leave per month
to a worker who has worked consecutively for less than one
year or registered less than 80 percent of attendance during one
year, if the worker has offered work without an absence
throughout a month. <Amended by Act No. 11270, Feb. 1, 2012>
(3) In case an employer grants a worker paid leave for the
first one year of his/her service, the number of leave days shall
be 15 including the leave prescribed in paragraph (2), and if
the worker has already used the leave prescribed in paragraph
(2), the number of used leave days shall be deducted from the
15 days of leave.

Section K is also illegal (holding you to 60 days notice).

.
Back to top
View user's profile Send private message Send e-mail
nicwr2002



Joined: 17 Aug 2011

PostPosted: Mon Dec 18, 2017 12:32 am    Post subject: Reply with quote

▪ The Teacher is required to stay the provided housing from the school. No accept any private reasons. Not sure what this means. Are they saying that you can’t get your own apartment?

▪ The Teacher is required to pay for the monthly utilities and telephone bills. A utility/housing deposit which is 600,000 won will be deducted from the teacher’s first to third paychecks to be used at the end of a teacher’s contract to cover the last month’s utilities and other expenses. Teachers get the entire remaining amount of the deposit back once their contract is over.
▪ The Teacher is required to sign a RENTAL AGREEMENT (“apartment contract”- with separate sheets) upon verification of the condition of the apartment. This is to be done during the first month of occupancy. The Teacher is responsible for any damage to the apartment due to negligence. All items provided by the School must remain in the apartment at the end of the teacher’s contract. Any expenses due to damage of the apartment of furnishings, garbage disposal fee, cleaning fee or replacement of furnishings will be deducted from the utility deposit. A final clearance must be completed by the employee at the end of the contract.
Illegal and I definitely wouldn’t sign the contract agreement. Usually the schools name is on the rental agreement, not yours.

6 months of the contracted period by his or her own fault/reason, the Teacher shall pay back to the Institute the total amount of the air ticket and the actual amount for the visa trip to Japan, in the case of an in-country hiring.
They can’t do that either. It is illegal to withhold by for this reason.

G. Teacher Training
▪ The Teacher shall have a period of training before starting to teach in their Institute.
During the training period, and for the break between the training and the start of teaching, teacher will be in the Institute for classroom observation, or substitute teaching. The Teacher will receive briefings from their Academic Supervisor, and the Institute Director, and will get acquainted with the local institute policies. During this time the Teacher will receive 20,000 won per day. And full monthly salary will be counted from when teacher starts his/her own class schedule.

This really sucks.
Back to top
View user's profile Send private message
Semifinal



Joined: 07 Aug 2013

PostPosted: Tue Dec 19, 2017 10:11 pm    Post subject: Reply with quote

Yikes. Thanks for the heads-up on all that. Not that it would've have mattered; I got even bigger red flag when I heard back from who was supposed to be one of the native foreign English teachers there whose email I had been given, and while it wasn't word salad, there was enough unnatural phrasing to know I wasn't hearing from a native English speaker.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum All times are GMT - 8 Hours
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

TEFL International Supports Dave's ESL Cafe
TEFL Courses, TESOL Course, English Teaching Jobs - TEFL International