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



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

PostPosted: Tue Feb 19, 2013 6:04 pm    Post subject: Reply with quote

Quote:
d. Monthly salary 2,200,000 won consists of; basic salary of 1,760,000 and contract fulfillment salary of 440,000.

e. Based on the Clause 15, if the teacher cannot fulfill the whole 1 year contract, he/she must return the contract fulfillment salary to the employer right away (on the same day of contract termination). If the return is delayed, the teacher will be charged 36% of annual interest as of the day of contract termination. In this case, the employer can take the contract fulfillment salary from the teacher’s monthly salary primarily.


Let's use 7 months because less than 6 might require you to pay back airfare also. That would mean you would owe 3,080,000 or more. You would owe at least 440,000 and whatever the airfare would be, about 1,600,000 and then 2,000,000 after 2 months, 2,400,000 after 3 months.

That surpasses your monthly salary. Do you really plan on leaving before 3 months?

I am assuming no and I would never agree to this. Instead of rewarding you with a bonus they will give nothing or punish you if you don't finish the contract. Apparently, teachers in the past didn't want to. Otherwise, the school wouldn't want to apply this stupid rule.

Quote:
2) The teacher will compensate for the additional damage of GWAN-AK xxxx. (ex. reduced the number of students etc.)


At least they are open about their extortion tactics. Still no go for me. I would move on and not look back.
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Miggy



Joined: 22 Sep 2012

PostPosted: Wed Feb 20, 2013 1:01 am    Post subject: Reply with quote

Aye, there was actually a contract from this place I found on this thread about a year back which had paid training and not so many ridiculous clauses soo I turned this down.

This biggest one was a new clause about if I were to suddenly up and leave...hmmm
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dctefl



Joined: 18 Aug 2012

PostPosted: Thu Feb 21, 2013 5:42 pm    Post subject: Reply with quote

Hello, so got this contract today, was hoping to get a review of it from the experienced members. Thanks for taking the time.

1. Contract period

1) The period of this contract will be starting from March, 2013 and will be terminated on March , 2014.
2) Party B must inform party A of whether to renew the contract or not two months prior to the end of the contract, and the contract may be renewed at that time by mutual agreement.

2. Salary

1) Party A will pay a monthly salary of _ 2,100,000 __ won (Korean currency) to Party B.
2) A tax of about 3.3% will be paid to the Korean Government.
3) Over time rate for each hour will be __ 18,000 ___won
4) On completion of 1 year contract, Party B will receive the amount of one month salary as a severance pay.
5)Party A will deduct 250,000 won per month as a housing and utility deposit only for the first 3 months’ from Party A’s salary. Party A will pay this deposit back to Party B upon completion of one year contract.

3. Working Hours

1) Party B will work approximately ___30 _hours from Monday to Friday (N.B. : class preparation time is not included) and normal working days are approximately 22-23 days per month.
2) Classes and teaching will be scheduled in accordance with the needs of Party A.
2:00~3:00 Preparation or 3:00~4:00 Preparation
3:00~9:00 Classes 4:00~10:00 Classes
depends on schedule of School

4. Accommodation

1) Party A will provide an apartment or flat (a person has one room) and will take responsibility for normal maintenance (property tax, repairs, etc.). Party A will provide a bed, gas stove, refrigerator, telephone. (but the fee for installing the phone will be charged to Party B)
2) Party B’s accommodation is studio apartment
3) The tenant, including party B, will be responsible for paying utilities, such as for the gas, electricity, telephone bills, etc.
4) Upon first arrival in Korea, it may be necessary for the teacher to stay in a motel temporarily before his/her permanent apartment is available.

5. Air Fare (for 1 year contract)

1) Party A agrees to pay Party B for a round ticket.
2) If Party B has to leave before 6 months, Party B will reimburse the amount of the Air-Ticket.

6. Holidays

1) During the school year, there are many national and school holidays. There are also 10 days paid holidays in a year.
2) Holidays will be separated in accordance with the needs of Party A. (the end of month)
3) Party B must be notified at least one month in advance.

7. Medical Insurance

1) Party A agrees to pay 50% of the medical insurance. Party B’s insurance premium of 50% will be deducted from his/her monthly salary.
2) Dental and pre-existing conditions(diseases) are not covered in this insurance.

8. Party A’s Obligations

1) Party A will introduce to Party B, the Party A’s school policies and regulations concerning work conditions.
2) Party A will provide Party B necessary working and living conditions.
3) Party A will provide all curricula, textbooks and other teaching materials.
4) Party A will help Party B as best as possible with any problems, including personal difficulties in living in Korea.

9. Party B’s Obligations

1) Party B shall observe Party A’s school policies and regulations concerning teachers and shall accept Party A’s arrangement, direction, supervision and evaluation in regard to his/her work.
2) Party B is not allowed to work for any other organization including private tutoring without party A’s prior consent.
3) Korean law stipulates that no full-time instructor may work at two or more institutions at the same time. Failure to observe this regulation will result in immediate dismissal.
4) Without Party A’s consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.
5) Party B is responsible for the implementation of the school’s curriculum, grading and evaluation, and attending occasional teachers’ meetings.
6) Party B must behave in a professional manner during class or when socializing with students after class.
7) Party B can be required to interview new students and evaluate their placement level.
Cool Party B shall not be absent without Party A’s permission, with a 2 days in advance notice.
9) If Party B is more than 10 minutes late without notification, one hour rate of payment may be deducted and if one hour missed, one day deducted.
10) Party B shall respect the Korean people’s moral standards and customs.
11) Party B shall not sexually harass the students in his/her care.
12) No form of physical punishment must be used by Party B.
13) Party B must follow Party A’s teaching methodology.

10. Resignation

1) In case of Party B’s resignation, which must be notified at least two months in advance, the contract between Party A and Party B will become null and void. Accordingly Party B’s salary will be paid up to the date of party B’s resignation.
2) In case of party B’s resignation without notice before two months, Party A is not obligated to pay the salary for the month. And Party B will pay utilities for two months.
3) In case of Party B’s resignation, which must be notified at least two months in advance, Party A can discharge Party B in two months. (depends on schedule of School)

11. Revision, Cancellation and Termination of the Contract

1) Both parties should abide by the contract and must refrain from revising, canceling, or terminating the contract without mutual consent.
2) This contract may be renewed upon agreement between Party A and Party B three months prior to its expiration; otherwise, Party B will just finish out the completion of the original contract.
The undersigned agrees to the terms stated above in this contract and for future reference, each party is to keep a copy of this contract.
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YTMND



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

PostPosted: Fri Feb 22, 2013 4:48 pm    Post subject: Reply with quote

Quote:
2) Party B must inform party A of whether to renew the contract or not two months prior to the end of the contract, and the contract may be renewed at that time by mutual agreement.


Who is Party B and who is Party A? Even though we can surmise this from what is mentioned, it doesn't state employer and employee. More on this at the end.

Quote:
5)Party A will deduct 250,000 won per month as a housing and utility deposit only for the first 3 months’ from Party A’s salary. Party A will pay this deposit back to Party B upon completion of one year contract.


750,000 total is a bit high. I would be cautious about this and find out if it is worth the risk of losing it.

Quote:
2:00~3:00 Preparation or 3:00~4:00 Preparation


Usually 1 hour a day is requested and if you plan at home, sometimes they allow this as long as you are prepared. You might do 3 hours one day, but to put more than one hour adds a second cautious signal about this offer.

This doesn't look like a complete contract compared to others. The big one is introducing the parties in the contract. It would have Employer _____ and Employee _____. The actual contract would have names but on this site we don't post the personal information.

If you cut and pasted portions of the contract, post the full contract without the personal information using blanks as I have done above. If this is all that they sent then get an EPIK, GEPIK, or SMOE contract to compare. Get a hagwon contract or 2 and compare those also. See what you like in those contracts and then either negotiate with this school or move on to one of those.

As is, I wouldn't sign anything without the missing information.
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dctefl



Joined: 18 Aug 2012

PostPosted: Sat Feb 23, 2013 7:41 am    Post subject: Reply with quote

Thanks for taking the time YTMND. The only part not posted up is this section you mentioned identifying the parties at the beginning:

CONTRACT AGREEMENT

This document is a contractual agreement between the Director, ________ , of ________ with address at ________hereafter referred to as “ Party A “ and the instructor, _______, Passport #________ , hereafter referred to as “ Party B”.

Everything else remains the same.

Could the second hour mentioned ibe about the shift pattern? Shifts are either 2pm-9pm or 3pm-10pm (I've been told I'm on 3pm-10pm), does that improve the contract at all?

Thanks again for taking the time.
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YTMND



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

PostPosted: Sat Feb 23, 2013 10:01 am    Post subject: Reply with quote

I don't see the logic in how you can prepare better from 2-3 pm than 3-4 pm.

If you go in at 2pm, finish preparing at 2:59 or earlier, then what do you do between 3:00 to 3:59 pm?

If they want 1 hour preparation before classes, then it is 1 hour before classes. No toggling (no "or" statements in the contract).

So, either they say "PREPARATION TIME FOR EMPLOYEE IS 3-4" or no go for me.
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MagicPotion14



Joined: 22 Jan 2013

PostPosted: Mon Feb 25, 2013 1:17 am    Post subject: Reply with quote

Could someone look at this contract please?

This EMPLOYMENT AGREEMENT (Hereinafter referred to as “contract”) has been
made___________by and between IOS edu. having its office at 360-15 Junggae Dong Nowon
Gu, Seoul, Korea (Hereinafter referred to as "employer"); and ______________ a citizen of
____________________whose address is _____________(Hereinafter referred to as "employee").
Employer and employee agree as follows;

1.Employee accepts employment from employer to teach the English language under the terms and
condition set forth here in the agreement for a period of twelve full and consecutive teaching sessions.
Employment commences on the first day( 4th of March, 2013 ) of teaching classes and finishes on the
last teaching day( 3rd of March 2014) of the last teaching session(twelfth teaching session ) covered
under this agreement.
The employee agrees and understands that he/she will only discuss the details of the contract with
the academic director.
l Internship : The employee will have 3 months internship period. In this period if the
employee’s working performance is not improved and suitable for the institute(even with
several times(at least 3 times warnings) The institute has the right to release the employee
(in this internship period the payment is the same amount of salary and in this case the
employee can get the release letter upon agreement) If the employee doesn’t comply with the
contract term he/she signs. Or doesn’t commit to the school’s policy after receiving 3 times
notices the school’s has the right to send the teacher to other schools with the release letter
during the 1 year.

1.1
The Teacher will teach from Monday to Friday. School hours of operation are from 9:00 a.m. to 7:35
p.m. . The Teacher is required to come to school by 9:00 a.m. to prepare the classes adequately
and stay until 6:30p.m. . Time not spent teaching will be dedicated to all other work associated with
teaching classes.(The school may give a class which ends after 6:30, if Employee consents to it.
) Working hours may be modified by the school schedule for the academic year or events such as
teachers` meetings, seminars, workshops and so on.
Employee is required to submit a lesson plan for each class to their Academic Supervisors on a daily
basis before the classes begin.
2. 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 as assigned by the academic director or the
academic coordinators. The minimum teaching requirement is 120 teaching hours (teaching hours are
an accumulation of the minutes, 1 hour equals 60min, of actual in class teaching) per monthly session.
Monday through Friday are teaching days except for scheduled public holidays and vacation days.

l

Required administrative duties connected with classes.
a. Instruction in and all phases of the Institute’s program to classes that range from the
preschool to adults.
b. Out of classroom activities for /with students.
c. Grading and evaluation of students.
d. Students counseling or evaluation.
e. Phone teaching for students.
f. Attendance at teacher’s meetings , workshops.
g. Other related activities.
h. Writing weekly or monthly guides and daily lesson plans.
i. Giving written & oral class information to the replacement teachers .
j. preparation for and attendance at school events.(eg Field trip, birthday party ,Sports day

etc. Some events might be scheduled on the weekend, but this will not be more than 4days
per year.)
k.assigning and checking homework.

2.2 The employer will have the authority to require employee to perform teaching duties in excess of
the minimum teaching requirement, such excess being no more than 20hours per teaching term
(session for 20 working days). Total classroom contact hours exceeding the minimum teaching
hours per term are considered overtime and calculated on a monthly basis.
Overtime is paid at the rate of 10,000 Won / teaching hour.

Required administrative duties(2.1) are not considered as teaching hours and are not used to
calculate overtime pay.
Employee agrees to attend meetings and training workshops scheduled by employer. The purpose
of meetings and workshops is to inform employee of matters relating to employee's duties and the
institute's operation, or to assist in employee's professional development. No payment in excess of or
in addition to employee's monthly salary will be made for attending meetings or workshops scheduled
by employer.

Salary for a partial month`s work is calculated accordingly; e.g. base monthly salary divided by the
number of days in the month multiplied by the number of days worked.( For example, if your last
day of work is March 19 and your base salary is 2,000,000 won ; 2,000,000 divided by 30 and then
multiplied by 19 which equals 1,226,673 won is your salary for March.)

2.3 No regular schedule of working hours can be guaranteed to employee. When the teacher is
scheduled for less than 120 teaching hours per teaching term (for 20 working days), the academic
coordinators will give special duties(eg. substitution , special intensive classes…) to make up for the
120 teaching hours .

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.

2.5 For marketing purposes, the teacher’s profile (including name) may be placed on a brochure or
Internet, etc.

2.6 Teaching in the classroom might be recorded or video-taped for the purpose of further curriculum
development and school`s special needs.
Teacher should keep records of all the teaching material and data to let the director or academic
director refer to them when necessary.

3. Compensation

3.1 Salary: The employee will be paid for the minimum teaching requirement which is the amount
of 2.1M Won for each session of this agreement. Payment for extra teaching class is made at the
rate ___10,000___ Won / teaching hour. Total gross monthly earnings for the minimum teaching
requirement is ________________ Won/session. Teaching salary will commence from the first day of
teaching. Korean income taxes(3,3%) will be deducted from each monthly deposit. Monthly salary
payments will be made on or before the 14th day of the month following the month during which the
employment services were provided.

3.2 Orientation and Training: After arrival in Korea, teachers may be allowed a few days for

adjustment and school preparation before beginning regular teaching duties. The orientation period
will be spent on preparing for classes , learning the instructional system and observing classes.
The partial salary during training period( orientation and observation) is paid at the rate of 50%
depending on your base salary and the number of the training days.
(For example, if your training period is 5 working days and your base salary is 2,200,000 won ;
2,200,000 divided by 30 and then multiplied by 5. Finally it is multiplied by 0.5. which is 183.000won.

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

4. Transportation

4.1 Transportation: Employer will provide for employee an economy class ticket for passage to Korea
from an international airport which is mutually agreed to by employer and employee (henceforth
referred to as point of departure). On completion of the 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). Air tickets provided
cannot be exchanged for cash equivalents or transferred to persons other than the employee.
Employer does not agree to, and is not liable for, compensation to employee, whether in cash or
otherwise, for air tickets which are not used by employee.

5. Housing

5.1 Employer will select and provide furnished living accommodations for employee. Single housing of
either an apartment or a studio apartment is provided. Furnishings will include a table, chairs, a two-
burner gas hot plate, a refrigerator, a television, a washing machine, a bed, and an air conditioner.
The school may provide temporary housing until the appropriate housing for Teacher becomes
available.

5.2 The cost of monthly services, and utilities for accommodation provided by employer will be shared
by the employees sharing an accommodation. During any period of sole occupancy employee will be
responsible for the cost of all monthly services, utilities and telephone charges.

5.3 Deposit
For the five months, the Employer will collect 100,000won per month deposit for utilities and phone
charges even if the teacher pays these charges each month. This deposit will be refunded after
settling the balance of the bills for the apartment and facilities on the completion of the contract.
5.4 Employee is responsible for housing management. Excluding the problems attributed to the age
of the provided accommodations, employee has to maintain the accommodation as it was when
originally provided to employee. Employee may ask employer the procedure or the method to do that.

5.5 There is no other facility except the things on the contract. The extra things employee may need
later are considered as expendable ones and it has to be paid by employee.
All the equipments that employee buy have to be terminated by employee's expense
when the contract is completed.(such as internet & cable TV connection)

5.6 Employee has to maintain the living accommodations clean for the next residents.
The apartment should be cleaned and all the trash has to be cleared properly at leaving .
If the apartment needs further cleaning on the completion of the contract because of the poor

maintenance, the expense will be deducted from the deposit.

6. Holidays and Vacation

6.1 Employee will be entitled to observe public holidays and receive vacation days during the contract
term according to the yearly schedule provided by employer before the commencement of the year to
which the schedule refers. There are at least 10 days(5days during the school summer break, 5days
during the school winter break) vacation besides National holidays in each calendar year(January to
December).

6.2 Absence from Duties: Salary is not maintained when employee is absent from
teaching
duties. 22,000 Won / teaching hour missed will be deducted from salary except the case when it is
considered as an emergency leave.

6.3 Emergency Leave: Employee will be eligible to receive up to six (6) days of paid
leave in the event of death or serious illness in employee's immediate family,
only when all necessary documents are provided.
Such emergency leave will be granted at the sole discretion of employer.

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

8. 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.

9. Dismissals or Voluntary Resignation

9.1 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.

9.2 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns
prior to the termination of the term or this agreement, employer will pay salary due up to the date of
termination. Employer will not pay the cost of return transportation to point of departure for employee,
nor will employer pay any severance payment. In case of voluntary resignation, employee must
announce his/her resignation to employer by written notification 3 months ahead of time.
When the teacher intends to terminate the Agreement within 6months of the employment, he/she will
reimburse the school for the airfare to Korea which the school paid for.
9.3 In the case employee breaks the working code or covenants, employer can dismiss employee.

10. Covenants

10.1 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.

10.2 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.

11. Jurisdiction: This agreement will be interpreted according to the internal (domestic) laws of the
Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any
dispute or claim arising out of, or in connection with, this agreement.

12. Others

12.1 This contract states only basic regulations of working conditions and each clause should be
recognized as a general rule.

12.2 While working at school, employee should behave according to Korean courtesy and culture
and should try to maintain an open and positive attitude.
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: Mon Feb 25, 2013 11:51 am    Post subject: Reply with quote

Quote:
Internship : The employee will have 3 months internship period.


Rather long. Internships are more of a work for experience thing. If you are an employee, you are employed, with a schedule and pay.

If they themselves are qualified to judge your level of teaching, then they can determine this with a demo class or 1 month "probation", not internship.

Quote:
Required administrative duties connected with classes.
a. Instruction in and all phases of the Institute’s program to classes that range from the
preschool to adults.
b. Out of classroom activities for /with students.
c. Grading and evaluation of students.
d. Students counseling or evaluation.
e. Phone teaching for students.
f. Attendance at teacher’s meetings , workshops.
g. Other related activities.
h. Writing weekly or monthly guides and daily lesson plans.
i. Giving written & oral class information to the replacement teachers .
j. preparation for and attendance at school events.(eg Field trip, birthday party ,Sports day

etc. Some events might be scheduled on the weekend, but this will not be more than 4days
per year.)
k.assigning and checking homework.


Do you agree to these extras? Other schools might not require them.

Quote:
2.2 The employer will have the authority to require employee to perform teaching duties in excess of
the minimum teaching requirement, such excess being no more than 20hours per teaching term
(session for 20 working days). Total classroom contact hours exceeding the minimum teaching
hours per term are considered overtime and calculated on a monthly basis.
Overtime is paid at the rate of 10,000 Won / teaching hour.


Vague. How many classes a week? Avoid the session talk. Stick to weeks and months, because you are getting paid monthly.

Also, the overtime pay is too low. Terrible. It should be 18,000-20,000.

Quote:

3.1 Salary: The employee will be paid for the minimum teaching requirement which is the amount
of 2.1M Won for each session of this agreement. Payment for extra teaching class is made at the
rate ___10,000___ Won / teaching hour. Total gross monthly earnings for the minimum teaching
requirement is ________________ Won/session. Teaching salary will commence from the first day of
teaching. Korean income taxes(3,3%) will be deducted from each monthly deposit. Monthly salary
payments will be made on or before the 14th day of the month following the month during which the
employment services were provided.


Overtime pay is too low again. They should change this to 18-20,000. The pay date is too late. It should be on the 10th or earlier. I try to get it on the 5th or earlier, and then give 5 more days if they really need it.

Quote:
(For example, if your training period is 5 working days and your base salary is 2,200,000 won ;
2,200,000 divided by 30 and then multiplied by 5. Finally it is multiplied by 0.5. which is 183.000won.


This indicates the salary was 2.2, but they forgot to edit this part. See if you can get 2.2.

Quote:
All the equipments that employee buy have to be terminated by employee's expense
when the contract is completed.(such as internet & cable TV connection)


Or it can be transferred. It doesn't need to be terminated.

Quote:
22,000 Won / teaching hour missed will be deducted from salary except the case when it is
considered as an emergency leave.


So, if 22,000 won / teaching hour can be deducted, that means you should be earning closer to that than 10,000 in regards to overtime. They are clearly robbing teachers with the 10,000 overtime clause. Overtime is usually more than regular teaching hour pay.
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h_k



Joined: 13 Jan 2013

PostPosted: Mon Feb 25, 2013 12:33 pm    Post subject: All advice is gratefully appreciated. Reply with quote

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 Wonderland and to the last teaching day of the teacher’s twelve months.


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 Wonderland. 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 Wonderland school
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 Feb 25, 2013 1:07 pm    Post subject: Reply with quote

Quote:
c. If the teacher leaves the school prior to completing contract for any reason, the teacher must reimburse the airfare paid by the school.


Usually, you don't need to pay back airfare after 6 months.

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.


Huh? The half cost of what? I have never heard of both parties paying 50%. Either the school pays, no reimbursement or the school pays and the teacher should get reimbursed after they land in Korea and can show a valid visa to work at the school.

This part needs to be removed or I wouldn't sign it.

Quote:
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.


The salary is 2.1 though.

Remove names of people and schools. Talk with the school and any current teachers there. Could be good, could be bad.
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Arteta



Joined: 29 Oct 2012

PostPosted: Tue Feb 26, 2013 6:19 am    Post subject: Reply with quote

Hello, I got this contract through today for my first job and I was hoping you could help me. I have decided to bold the text of any points i'm a little worried about. I got a very good vibe from this school, was interviewed by a teacher (which shows trust on director's part) and have seen two blogs about people working at this school that look good.


EDIT: After posting this contract I read a bit more of the thread and it seems I have the exact same contract as poster 'dctefl' a few posts above me.


-----------------

This document is a contractual agreement between the Director ******, of ****** School with address at ******* hereafter referred to as “ Party A “ and the instructor, , Passport # , hereafter referred to as “ Party B”.

1. Contract period
1) The period of this contract will be starting from March , 2013 and will be terminated on March , 2014.
2) Party B must inform party A of whether to renew the contract or not two months prior to the end of the contract, and the contract may be renewed at that time by mutual agreement.

2. Salary
1) Party A will pay a monthly salary of _ 2,100,000 __ won (Korean currency) to Party B.
2) A tax of about 3.3% will be paid to the Korean Government.
3) Over time rate for each hour will be __ 18,000 ___won
4) On completion of 1 year contract, Party B will receive the amount of one month salary as a severance pay.
5)Party A will deduct 250,000 won per month as a housing and utility deposit only for the first 3 months’ from Party A’s salary. Party A will pay this deposit back to Party B upon completion of one year contract.

3. Working Hours
1) Party B will work approximately ___30 _hours from Monday to Friday (N.B. : class preparation time is not included) and normal working days are approximately 22-23 days per month.
2) Classes and teaching will be scheduled in accordance with the needs of Party A.
2:00~3:00 Preparation or 3:00~4:00 Preparation
3:00~9:00 Classes 4:00~10:00 Classes
depends on schedule of School

4. Accommodation
1) Party A will provide an apartment or flat (a person has one room) and will take responsibility for normal maintenance (property tax, repairs, etc.). Party A will provide a bed, gas stove, refrigerator, telephone. (but the fee for installing the phone will be charged to Party B)
2) Party B’s accommodation is studio apartment
3) The tenant, including party B, will be responsible for paying utilities, such as for the gas, electricity, telephone bills, etc.
4) Upon first arrival in Korea, it may be necessary for the teacher to stay in a motel temporarily before his/her permanent apartment is available.

5. Air Fare (for 1 year contract)
1) Party A agrees to pay Party B for a round ticket.
2) If Party B has to leave before 6 months, Party B will reimburse the amount of the Air-Ticket.

6. Holidays
1) During the school year, there are many national and school holidays. There are also 10 days paid holidays in a year.
2) Holidays will be separated in accordance with the needs of Party A. (the end of month)
1) Party B must be notified at least one month in advance.

7. Medical Insurance
1) Party A agrees to pay 50% of the medical insurance. Party B’s insurance premium of 50% will be deducted from his/her monthly salary.
Dental and pre-existing conditions(diseases) are not covered in this insurance.

8. Party A’s Obligations
1) Party A will introduce to Party B, the Party A’s school policies and regulations concerning work conditions.
2) Party A will provide Party B necessary working and living conditions.
3) Party A will provide all curricula, textbooks and other teaching materials.
4) Party A will help Party B as best as possible with any problems, including personal difficulties in living in Korea.

9. Party B’s Obligations
1) Party B shall observe Party A’s school policies and regulations concerning teachers and shall accept Party A’s arrangement, direction, supervision and evaluation in regard to his/her work.
2) Party B is not allowed to work for any other organization including private tutoring without party A’s prior consent.
3) Korean law stipulates that no full-time instructor may work at two or more institutions at the same time. Failure to observe this regulation will result in immediate dismissal.
4) Without Party A’s consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.
5) Party B is responsible for the implementation of the school’s curriculum, grading and evaluation, and attending occasional teachers’ meetings.
6) Party B must behave in a professional manner during class or when socializing with students after class.
7) Party B can be required to interview new students and evaluate their placement level.
Cool Party B shall not be absent without Party A’s permission, with a 2 days in advance notice.
9) If Party B is more than 10 minutes late without notification, one hour rate of payment may be deducted and if one hour missed, one day deducted.
10) Party B shall respect the Korean people’s moral standards and customs.
11) Party B shall not sexually harass the students in his/her care.
12) No form of physical punishment must be used by Party B.
13) Party B must follow Party A’s teaching methodology.

10. Resignation
1) In case of Party B’s resignation, which must be notified at least two months in advance, the contract between Party A and Party B will become null and void. Accordingly Party B’s salary will be paid up to the date of party B’s resignation.
2) In case of party B’s resignation without notice before two months, Party A is not obligated to pay the salary for the month. And Party B will pay utilities for two months.
In case of Party B’s resignation, which must be notified at least two months in advance, Party A can discharge Party B in two months. (depends on schedule of School)

11. Revision, Cancellation and Termination of the Contract
1) Both parties should abide by the contract and must refrain from revising, canceling, or terminating the contract without mutual consent.
2) This contract may be renewed upon agreement between Party A and Party B three months prior to its expiration; otherwise, Party B will just finish out the completion of the original contract.
The undersigned agrees to the terms stated above in this contract and for future reference, each party is to keep a copy of this contract.
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YTMND



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

PostPosted: Tue Feb 26, 2013 9:01 am    Post subject: Reply with quote

Quote:
Party B shall not be absent without Party A’s permission, with a 2 days in advance notice.


This probably doesn't pertain to sick days. Ask and find out. It probably means if you know you are going to be absent, notify them well in advance.

Quote:
9) If Party B is more than 10 minutes late without notification, one hour rate of payment may be deducted and if one hour missed, one day deducted.


This supports the idea they are more worried about who is going to teach the class. Nothing wrong with that.

These 2 concerns are not a major issue. Clarify with the school.

If you have any specific questions feel free to ask.
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Arteta



Joined: 29 Oct 2012

PostPosted: Tue Feb 26, 2013 9:28 am    Post subject: Reply with quote

YTMND wrote:
Quote:
Party B shall not be absent without Party A’s permission, with a 2 days in advance notice.


This probably doesn't pertain to sick days. Ask and find out. It probably means if you know you are going to be absent, notify them well in advance.

Quote:
9) If Party B is more than 10 minutes late without notification, one hour rate of payment may be deducted and if one hour missed, one day deducted.


This supports the idea they are more worried about who is going to teach the class. Nothing wrong with that.

These 2 concerns are not a major issue. Clarify with the school.

If you have any specific questions feel free to ask.


Thank you for your swift reply.

The reason i'm worried about the 2 day notice for absence is because what if I'm genuinely ill one morning? If I immediately ring the school to say i'm not coming in, then i'm officially breaking my contract. Will that mean they can take unspecified amounts of money from me?

I understand that being an hour late is terrible if suddenly nobody can teach the children and you could potentially lose all of those customers, but let's say I'm an hour late for a legit reason, but all I miss is prep time. Then I go on to teach for a full day, but all of it is unpaid. It seems a little extreme. It's not a massive concern though.

The one thing that rings an alarm bell is that I have 750,000 deducted from my first 3 days of pay. If I know I will get this money back then I don't care, but we all know what kind of shit hagwons pull. What if I don't renew my contract? I don't fancy losing at least 750k. My boss probably isn't like that, but then he might be...
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YTMND



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

PostPosted: Tue Feb 26, 2013 10:52 am    Post subject: Reply with quote

Quote:
Will that mean they can take unspecified amounts of money from me?


I have already addressed this. Read more carefully. I don't think they are saying 2 day notice for sickness. They are saying, "If you have something scheduled, tell us in advance."

If you want to use vacation days for example, clear it with them 1 month or so earlier.

Check to make sure the school has the same understanding as I have mentioned.

Quote:
The one thing that rings an alarm bell is that I have 750,000 deducted from my first 3 days of pay.


That is 3 months. It is all laid out. Either you accept it or choose another school. These are not really things you can ask advice for. They are choices, preferences. Some people will not mind, some will. You need to decide what you want.
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Arteta



Joined: 29 Oct 2012

PostPosted: Tue Feb 26, 2013 11:30 am    Post subject: Reply with quote

YTMND wrote:
Quote:
Will that mean they can take unspecified amounts of money from me?


I have already addressed this. Read more carefully. I don't think they are saying 2 day notice for sickness. They are saying, "If you have something scheduled, tell us in advance."

If you want to use vacation days for example, clear it with them 1 month or so earlier.

Check to make sure the school has the same understanding as I have mentioned.

Quote:
The one thing that rings an alarm bell is that I have 750,000 deducted from my first 3 days of pay.


That is 3 months. It is all laid out. Either you accept it or choose another school. These are not really things you can ask advice for. They are choices, preferences. Some people will not mind, some will. You need to decide what you want.

I apologise; it was actually a typo. I guess I just wanted to know if it's normal to have money deducted within the first 3 months. The way I see it, they are paying for me to go over there and they're paying for my apartment. They're extending some trust to me, so I will trust them in return. I just hope I don't regret it. This forum has very much a pessimistic attitude that Hagwon owners will screw you in some way, but it's just a case of damage control, so I've been very critical of the schools because of this. Their demand is perfectly reasonable.

I will accept this contract as soon as I get answers to a few questions and I suspect that I will meet the above poster with the identical contract in the next coming weeks.

Thank you, YTMND.
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