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



Joined: 05 May 2011

PostPosted: Fri Jun 13, 2014 8:47 pm    Post subject: Reply with quote

The salary breakdown is so that severance is lower. If he has any of those qualifications they will not count towards his severance.
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MelbaD



Joined: 03 Apr 2014
Location: Asheville, North Carolina

PostPosted: Sun Jun 15, 2014 8:14 am    Post subject: Incheon Contract Reply with quote

I ckecked with my recruiter on several of these points

1) The pay is only 2 million won per month which is very low with 40 hours per week required. You will probably work more without any compensation. (It's not 2.1 mil since 100,000 is food not cash. Good hogwans have free meals.) With the long hours, you should get 2.2 million.

The pay is actually 2.1 after the meals have been taken out, meaning 2.1 plus free meals. I am a first time teacher, so 2.1 is the salary I expect.

2) Security deposit deducted. It's common at hogwans and ubiquitous at public schools, but still to be avoided when possible.

3) The computation of your "daily" pay rate is just theft. It does not follow GAAP.



Whenever you have a partial month or any reason to be paid on a daily or hourly basis, you will be grossly ripped off by Avalon. The honest monthly, daily and hourly pay rates are already below the standard pay level. Which is already low since the Great Recession.


This is not my pay rate. The computation is the amount they would DEDUCT from me in the event of excessive absence. The fact that it is quite lower than my regular pay rate works to my advantage

4) The overtime rate is way too low. 15,000 won per hour. You should accept no less than 20,000.

My recruiter said it's more like 18,000, but it's unlikely that I'll be getting overtime anyway.



6) I would never work for Avalon. The only good thing in the contract is that they offer to enroll you in National Health Insurance and Pension, as required for all employees - but the vast majority of hogwans do enroll their employees in these required programs, so this is hardly a virtue, especially since the others pay more.


I'm sorry you had a bad experience with them. But everyone I've talked to, including current and former employees says this is a good school, and they were treated well here.

I appreciate you looking over my contract nonetheless. Some of the wording was really confusing, and I was glad that you pointed these things out so I was able to ask the school about them.


Last edited by MelbaD on Mon Jun 16, 2014 7:47 am; edited 1 time in total
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Sun Jun 15, 2014 9:11 am    Post subject: Re: Incheon Contract Reply with quote

MelbaD wrote:
I've heard good things about this school. I think they treat their employees well, so I don't want to nitpick too much, but see if there's any glaring red flags I missed... Thanks!

The Parties agree as follows:


I. TERM OF CONTRACT

1. This contract will be valid for a period of 12 months beginning _____________and ending _______________


II. EMPLOYEE REQUIREMENTS

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

2. The Employee will be required to work for regularly scheduled hours from Monday through Friday. (In a special case like national holiday and lack of the number of class days, one of the Saturdays or a national holiday in the month which includes a Korean traditional holiday can be exchanged with a weekday off to secure the convenience of the students and their parents), 40hours per week (30hours of teaching and 10hours of preparation and educational affairs), or a total of 160 hours per a month.

3. The Employee is required to attend the events held by The Employer such as workshops, year ending party, retreats, academic seminars, etc.


III. SERVICES PROVIDED BY THE EMPLOYER

1. PAYMENT

1.1 The Employer will pay a monthly salary of \2,100,000won(Including \100,000won for the meals subsidy) for regularly scheduled hours.

1.2 The Employer will pay a monthly salary of \2,100,000won(Including \100,000won for the meals subsidy) in the event that the Employer is unable to provide the Employee with the regularly scheduled 160 hours per month.

1.3 If the Employee fails to work the regularly scheduled hours due to tardiness, absence, etc.; the monthly payment will be calculated and paid using a daily rate and/or an hourly rate.

The method of calculating daily rate: Monthly salary divided by 30.

The method of calculating hourly rate: Daily rate divided by 8.

1.4 The Employer may ask the Employee to work over time (the Employee is expected to cooperate to supply better service to his or her students), and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of \15,000 per 60 minutes class.

1.5 The Employer will pay a monthly salary or the total sum of amount for one full month of work on the 5th of the each month. In the case the employee doesn’t start working on the very first day of the month his/ her working days for the month will be counted from the day when he/ she started working a regular schedule.

1.6 IGEN Education Co. has the authority to move the employee from one department to another with sufficient notice of two (2) weeks or ten (10) business days. In case of emergency, such as absence or vacancy, IGEN can ask the employee to move departments, when necessary, either ad interim or permanent capacity.
1.7 Working times are as follows:
Monday to Friday: 2:00PM– 10:00PM(Including 30 min. Break)
Saturday Class(Optional) :
Saturday: 12:00AM~5:00PM
*It can be changeable according to the Avalon Yeonsu branch’s Time Table(Schedule).
1.8 Return tickets to point of origin, severance and pension, if eligible, will be sustained once contract is completed.
2. HOUSING
2.1 The Employer will provide the Employee a single apartment in a safe environment with certain furniture items (bed, washing machine, gas range, refrigerator, fan or air conditioner) and the apartment will be provided at no cost to the Employee with the exception of utilities and phone, cable, satellite and internet bills.

2.2 The employee should have the duty preserving the housing and the furniture items provided by the employer until the termination of this contract. If they are destroyed, the employee should restore them to the original state or pay the cost needed in purchasing the same level of the substitutes of them.

2.3 The employer will deduct 200,000won from each of the employee’s first three months of pay to make a total of 600,000won as a housing management deposit. This deposit is to cover any unpaid monthly service or utility bills in the event the employee fails to pay for any service or goods which she/he used throughout the contract. The employer will hold the full amount of the deposit until all payable bills are checked to have been paid. After the employee completes his/her contract, he/she will be refunded the 600,000 won if all bills are paid.
3. AIRFARE
3.1 A round-trip airfare (standard economy ticket) from the Employee’s designated city to Korea before departure will be provided only for the Employee who will be fulfilling a 12-month period and who has been hired outside of Korea. This is not applicable if hired within Korea.
If the employee leaves the school before six(6) months, the employee must payback the initial airfare or the employer may deduct the amount of airfare from the teacher's last payment.

3.2 In the event when the airfare(standard economy ticket) is paid by the Employee him/herself before departure, the airfare will be reimbursed by the Employer to the employee after the issuance of an E-2 Visa from Korean Immigration Office. The reimbursement is subject only to the Employee who will be fulfilling a 12-month of employment period and has been hired outside of Korea. This is not applicable if hired within Korea.

4. LODGING

4.1 The Employer will provide lodging, if necessary, for the Employee’s stay for the orientation and training period at a facility provided by the Employer.
During the orientation and training period, there’s no salary.
5. HEALTH PLAN
5.1 The Employer will pay 50% of the premium for the Employee’s Health Plan(Korean National Health Insurance), which is provided by the Employer and are administered through the Employer (Participation in a health plan is optional, But it will be mandatory for Americans and Canadians from year 2007). The Employee will be responsible for rest of the costs.
6. SEVERANCE PAY

6.1 The Employer will pay severance to the Employee upon completion of contract. The amount of the severance pay will be equal to a month’s salary(2m won, exclude meals subsidy), and if necessary, applicable government deductions will be subtracted.
7. PAID VACATION

7.1 The Employee may use 10-working days as paid vacation per year. No more than three consecutive working days may be taken at once, with the exception of special scheduled academic periods (e.g. holding/exam periods) in which the Employee may take five consecutive working days. Three days of Institute-scheduled vacation are counted in these 10 days. None of these 10 days may be taken during the first three months of employment. The remaining seven days must be scheduled with the Institute at least one month in advance. If an employee does not use all of their vacation days they will be compensated at daily rate.

Days in which the Employee does not regularly work i.e., Sundays and National Holidays are not to be considered as part of the vacation period.

7.2 The Employee will be paid for all national holidays and not be expected to work during these days otherwise in special occasion for which Employee agrees to work.

7.3 Upon completion of contract, unused vacation days will be paid at the same rate as the formula used in III, 3, 1.3.
8. SICK DAY

8.1 The Employee may use up to 5 paid sick days per year with the doctor’s note from a company-designated hospital, and after the 5 sick days have been used, it will be counted as absent and the pay will be calculated according to the Daily Rate/Hourly Rate. Sick days will be deducted from the paid vacation in III, 7.

8.2 No more than two consecutive sick days may be taken at once.
9. PENSION
The Employee and the Institute will make regular contributions to the Employee’s pension fund, as stipulated by the rules and regulations of Korean National Pension Corporation. If eligible, the Employee will receive a reimbursement of all contributions made by him/herself and the Institute upon departure from Korea.
IV. RENEWAL & TERMINATION OF CONTRACT
1. RENEWAL

1.1 The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee’s current contract.

1.2 Both the Employer and the Employee reserve the option to renew the contract.

2. TERMINATION OF CONTRACT

2.4 Both parties will give at least a written 60-day notice prior to the termination date of the contract.

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

a. The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis; continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.

b. The Employee teaches off the Employer’s property.

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

d. The Employee participates in any type of criminal activity of corruption of public moral that violates the laws of the Republic of South Korea.

e. The Employee receives three (3) written warnings from the Employer.

f. The employee tells the others about his/ her own employment contract details.
2.3 If, for any reason, the contract is terminated before the full completion of the contract period:

a. The Employee will not qualify for benefits such as severance pay and the airfares.
피고용인은 퇴직금과 항공편에 대한 혜택 등을 받지 못한다.
b. The Employee will be wholly responsible for any utilities/maintenance and phone bills remaining for the duration of their housing lease.

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

V. VENUE FOR DISPUTES BETWEEN EMPLOYER AND EMPLOYEE

1. The appropriate laws of the Republic of Korea will govern this contract. However, while both parties enter into this agreement with total honesty and integrity, disputes may sometimes occur. In such cases, both parties will be bound by all terms and conditions of this contract and will try to resolve the difference in a civil manner that is fair to both parties. In the event that no solution can be found for a problem and either party decides to terminate this contract, they must do so in accordance with Section IV, 2 above. Upon such termination, both parties will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.



VI.
FULL KNOWLEDGE

1. GOOD FAITH

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

2. CHANGES TO CONTRACT

The Employer and the Employee agree that they have read the entirety of this Employment Contract and no other verbal agreement, statement or promise made on or before the effective date of this contract will be binding on the parties. Any changes made must be in writing and signed by both parties to be included in this contract. Any changes made to this contract, whether verbal or other, without the knowledge and written consent of both parties are to be considered invalid, and as such are not parts of this contract.

3. TRANSFERAL OF CONTRACT

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

4. LANGUAGE OF CONTRACT

The language of this contract is written in English. For convenience of the employer this contract may be translated into Korean upon request and prior to the signing of this document. In event of a dispute, the English version of this contract will prevail.

VII. ADDITIONS TO CONTRACT

All other matters not stated above will be based on Korean relevant laws and regulations including The labor standard Act, Regulations about employment and Avalon company YeonSu Branch regulations.

When the employee is temporarily required to work in the head office by the employer, for reasons such as curriculum development, the working hours are 10am~7pm and there will be a one hour lunch break.


Employee: ___________________________
Date: _

Emplo


1) The pay is only 2 million won per month which is very low with 40 hours per week required. You will probably work more without any compensation. (It's not 2.1 mil since 100,000 is food not cash. Good hogwans have free meals.) With the long hours, you should get 2.2 million.

2) Security deposit deducted. It's common at hogwans and ubiquitous at public schools, but still to be avoided when possible.

3) The computation of your "daily" pay rate is just theft. It does not follow GAAP.

Your daily pay rate should be your monthly salary divided by the number of work days in a month (including holidays) usually about 22. Since they divide by 30, your daily pay rate will be too low and you will be grossly underpaid for partial months. This, in turn means that your hourly pay rate would already be too low. But then, they divide this already low daily rate by 8 hours instead of 6 to compute your hourly pay rate.

Correct hourly rate by Generally Accepted Accounting Principles: 15,150 won/hour
Avalon's hourly rate: 8,330 won/hour

Whenever you have a partial month or any reason to be paid on a daily or hourly basis, you will be grossly ripped off by Avalon. The honest monthly, daily and hourly pay rates are already below the standard pay level. Which is already low since the Great Recession.

Just say no to Avalon.

4) The overtime rate is way too low. 15,000 won per hour. You should accept no less than 20,000.

5) The dinky housing is sparsely furnished: They offer a fan or A/C. You will need an A/C. The school should provide that. Remove the fan from the contract. NO A/C , no deal.

6) I would never work for Avalon. The only good thing in the contract is that they offer to enroll you in National Health Insurance and Pension, as required for all employees - but the vast majority of hogwans do enroll their employees in these required programs, so this is hardly a virtue, especially since the others pay more.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Mon Jun 16, 2014 2:29 pm    Post subject: Re: Incheon Contract Reply with quote

MelbaD wrote:
I ckecked with my recruiter on several of these points...



What the recruiter told you verbally is not what the contract says in its written form.

When you sign the contract, you are agreeing to the written terms, not the recruiter's promises. Once you arrive at the school, the recruiter will be paid for delivering you and will be out of the picture. You, the school, and the actual written words in your contract will remain in place. You will be bound to accept the terms as actually written, bound to the actual meaning of the contract.

If what you say is correct, then ask the school rewrite the contract (or you can do it and have the representative of the school sign the re-write) so that the terms as explained to you by the recruiter are in fact what the contract says. And don't forget to delete the fan instead of A/C option.

A recruiter's promises are just hot air, they are worth nothing - even if the recruter puts it in an email, fax or written letter, a recruiter's promises are worth nothing. Not only have recruiters been known to lie (shock) but they have even been known to secretly alter written contracts so that the contract from the recruiter to the teacher is not the actual contract that the school submitted to the recruiter.

Your written contract with the school is your only agreement that counts.

At this point you need a corrected, written contract from the school itself. Sure it could all be fine, but why would the school write a contract that doesn't mean what it says? Why would you sign one?
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craigmcc1982



Joined: 07 Jun 2006

PostPosted: Thu Jun 19, 2014 10:47 pm    Post subject: Reply with quote

Posting this on behalf of a friend awaiting log-in clearance. I personally can't recommend anything positive about the contract due to the vagueness. Also, as it's an 8 month contract, it lacks any real security. However, second opinions are always welcomed


AGREEMENT FOR PROVIDING AFTER SCHOOL ENGLISH PROGRAM TO SEOUL …………ELEMENTARY SCHOOL
This AGREEMENT has been made this _________, 2014 by and between ……… (hereinafter referred to as "Program Provider"); and ___________, a citizen of _______ whose address is _____________________________ (hereinafter referred to as "Native English Teacher"). Program Provider and Native Speaker Teacher, in consideration of the mutual promises, agree as follows:

1. Prior to the contract of EMPLOYMENT AGREEMENT FOR SEOUL ……… ELEMENTARY SCHOOL ENGLISH TEACHER, Program Provider and Native English Teacher agree to this contract during the period of June 30th, 2014 ~ February 28th, 2015

2. Program Provider’s functions are contacting the school to open the after school English program, opening the after school English program, assembling the students, presentation about the program to the parents, making and sending the flyers, handling the registration of the students, providing the books and the curriculums, providing monthly tests, providing level tests, providing monthly schedules, providing teaching supplies, making handouts for the students, and arranging the Korean co-worker English teacher. During the term of this agreement, the native teacher and the Korean co-teacher will strictly adhere to and accommodate all requirements include administrative duties related to the program such as attending to presentation or meetings in the school and workshops to the company etc.

3. The Korean co-worker English teacher is supposed to stay in the class room with the Native English Teacher to manage the class. The Korean co-worker English teacher is also supposed to check homework, grade vocabulary tests, help controlling the students, counsel with the parents, translate when it is necessary, manage the classes, and communicate with the school. The native teacher should keep the classroom clean and set up the tables and chairs and after the teaching with the Korean teacher and the students.

4. The native English teacher should teach the students 50 min per class, write and submit to the school the school daily schedule, sign on the teacher’s roll book everyday and paper awards for the students every 3 months, check the English journals for C & D, E classes, write the student report cards every 3 months, grade the monthly tests with the Korean co-worker teacher during the preparation time (30 min per day), and have open class for the parents once every semester.

5. Program Provider guarantees the monthly salary of 3million (working hour: 50mins x 4cls + 60mins x 1 on Mon/Wed/Fri and 50mins x 4cls on Tue/Thus + 30 min preparation time) to Native English Teacher while the contract of EMPLOYMENT AGREEMENT FOR --------- Public Elementary School ENGLISH TEACHER is valid. The income tax [3.3%] will be deducted but pension won’t be provided. If the contract between the school and the program provider is terminated, the program providing agreement will be terminated automatically.

6. Program Provider will provide for Native English Teacher an economy class round trip ticket for passage from Korea to Japan or Hong Kong to be issued visa. Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than Native English Teacher. Additionally, the Program Provider will pay hotel fee for one night for the visa processing fee, 160,000won and it will be reimbursed on the 1st pay check. No other money will be paid. Employee must return the air ticket fee and 100,000won of hotel fee to the program provider when the employee works to the school less than 6 months.

7. Sick Days/Absent: Native English Teacher must notice a sick day at least 3 hours prior to the first class and the pay of the day will be deducted. Native English Teacher must not have sick days more than 2 days per semester. Sick days will be covered by the Korean teacher instead of the native teacher in English. The native teacher’s pay for the canceling days will be deducted or must transfer the pay to the program provider for the canceling days.

8. Holidays and Vacation: Native English Teacher will teach each month based on 20days. The mandatory teaching days would be 4-5cls of 50 min X 150-160days per contract and or equivalent of working hours by making up the shortage during the makeup period in each session. Native English Teacher must follow the school schedule for their school holidays. School holidays or field trips will count as a vacation day. School holidays, and summer/winter vacation would be about 10-12days per contract and all national holidays are off too.

9. When the 20 days (normally 20th teaching day will be the monthly test day) of 50 min x 4-5cls teaching are finished, the school will confirm the teacher’s signatures completed on the roll book. And then the principal, vice principal, and account manager will approve to pay and school will pay the salary to the employee. It means the monthly salary will be based on 4-5cls of 50 mins of teaching a month.

10. The payment will be made in 2more working days from the last teaching day each month.
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Fri Jun 20, 2014 7:23 am    Post subject: Reply with quote

craigmcc1982 wrote:
Posting this on behalf of a friend awaiting log-in clearance. I personally can't recommend anything positive about the contract due to the vagueness. Also, as it's an 8 month contract, it lacks any real security. However, second opinions are always welcomed


AGREEMENT FOR PROVIDING AFTER SCHOOL ENGLISH PROGRAM TO SEOUL …………ELEMENTARY SCHOOL
This AGREEMENT has been made this _________, 2014 by and between ……… (hereinafter referred to as "Program Provider"); and ___________, a citizen of _______ whose address is _____________________________ (hereinafter referred to as "Native English Teacher"). Program Provider and Native Speaker Teacher, in consideration of the mutual promises, agree as follows:

1. Prior to the contract of EMPLOYMENT AGREEMENT FOR SEOUL ……… ELEMENTARY SCHOOL ENGLISH TEACHER, Program Provider and Native English Teacher agree to this contract during the period of June 30th, 2014 ~ February 28th, 2015

2. Program Provider’s functions are contacting the school to open the after school English program, opening the after school English program, assembling the students, presentation about the program to the parents, making and sending the flyers, handling the registration of the students, providing the books and the curriculums, providing monthly tests, providing level tests, providing monthly schedules, providing teaching supplies, making handouts for the students, and arranging the Korean co-worker English teacher. During the term of this agreement, the native teacher and the Korean co-teacher will strictly adhere to and accommodate all requirements include administrative duties related to the program such as attending to presentation or meetings in the school and workshops to the company etc.

3. The Korean co-worker English teacher is supposed to stay in the class room with the Native English Teacher to manage the class. The Korean co-worker English teacher is also supposed to check homework, grade vocabulary tests, help controlling the students, counsel with the parents, translate when it is necessary, manage the classes, and communicate with the school. The native teacher should keep the classroom clean and set up the tables and chairs and after the teaching with the Korean teacher and the students.

4. The native English teacher should teach the students 50 min per class, write and submit to the school the school daily schedule, sign on the teacher’s roll book everyday and paper awards for the students every 3 months, check the English journals for C & D, E classes, write the student report cards every 3 months, grade the monthly tests with the Korean co-worker teacher during the preparation time (30 min per day), and have open class for the parents once every semester.

5. Program Provider guarantees the monthly salary of 3million (working hour: 50mins x 4cls + 60mins x 1 on Mon/Wed/Fri and 50mins x 4cls on Tue/Thus + 30 min preparation time) to Native English Teacher while the contract of EMPLOYMENT AGREEMENT FOR --------- Public Elementary School ENGLISH TEACHER is valid. The income tax [3.3%] will be deducted but pension won’t be provided. If the contract between the school and the program provider is terminated, the program providing agreement will be terminated automatically.

6. Program Provider will provide for Native English Teacher an economy class round trip ticket for passage from Korea to Japan or Hong Kong to be issued visa. Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than Native English Teacher. Additionally, the Program Provider will pay hotel fee for one night for the visa processing fee, 160,000won and it will be reimbursed on the 1st pay check. No other money will be paid. Employee must return the air ticket fee and 100,000won of hotel fee to the program provider when the employee works to the school less than 6 months.

7. Sick Days/Absent: Native English Teacher must notice a sick day at least 3 hours prior to the first class and the pay of the day will be deducted. Native English Teacher must not have sick days more than 2 days per semester. Sick days will be covered by the Korean teacher instead of the native teacher in English. The native teacher’s pay for the canceling days will be deducted or must transfer the pay to the program provider for the canceling days.

8. Holidays and Vacation: Native English Teacher will teach each month based on 20days. The mandatory teaching days would be 4-5cls of 50 min X 150-160days per contract and or equivalent of working hours by making up the shortage during the makeup period in each session. Native English Teacher must follow the school schedule for their school holidays. School holidays or field trips will count as a vacation day. School holidays, and summer/winter vacation would be about 10-12days per contract and all national holidays are off too.

9. When the 20 days (normally 20th teaching day will be the monthly test day) of 50 min x 4-5cls teaching are finished, the school will confirm the teacher’s signatures completed on the roll book. And then the principal, vice principal, and account manager will approve to pay and school will pay the salary to the employee. It means the monthly salary will be based on 4-5cls of 50 mins of teaching a month.

10. The payment will be made in 2more working days from the last teaching day each month.



3,000,000 won per month pay but in this contract there is no housing, no pension, no health insurance, no airfare, no severance. 23 class hours and all the usual bureaucratic nonsense found in a public school job meaning 40 hour work weeks. The total value of a standard 2.2 mil won contract with severance, airfare, pension, health insurance and housing is about 3.6 million won per month. So 3 mil won for this job is very low.

Does the school provide housing or any other benefits that are not listed in this short contract? If so, they should be added to the contract before signing. If not, then the pay package for this job is unacceptable.

OTOH, it is difficult to find short term contracts, so if your friend actually wants a short term job of only 8 months then this might be the only alternative vs no job at all. Anyone who wants to work a year or more should decline this job.
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craigmcc1982



Joined: 07 Jun 2006

PostPosted: Fri Jun 20, 2014 9:21 am    Post subject: Reply with quote

Thank you for taking the time to respond.

It's an afterschool gig, therefore, I believe that everything (housing/airfare/severance) is included in the higher monthly salary.

Pension and health insurance are not provided, as my friend is from the UK, and has opted out of paying pension. This means that he will be employed as an independent contractor, most likely.

No housing is available, but once again, it has likely been included in the higher salary.

Too many red flags for me personally. I'll pass your comments onto him, and see what decision he comes to.
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Epharry



Joined: 04 Jun 2014
Location: UK

PostPosted: Wed Jun 25, 2014 11:12 pm    Post subject: Reply with quote

Hi everyone, I'm completely new to this teaching lark and I received my first job offer today! I've read the contract over and don't think there's anything weird about it but there may be a few tricks that I'm not aware of. If someone wouldn't mind checking this for me I'd be eternally grateful!!! Very Happy Also, I do apologise in advance if there are hints and tips lying through this thread but I don't have much time before heading off to work.

Anyway, here's the contract:
"1. INTRODUCTION:This is an agreement between (hereinafter called `the instructor') and _____ (hereinafter called `the institute' or `the school' : , Korea). The instructor agrees to teach students at the institute at the times designated by the institute management, and agrees to develop and present educational programs for the students. The instructor agrees to follow and strictly comply with the School's policies and guidelines during the period of this agreement.

2. CONTRACT DURATION:
(A) It is hereby agreed between the school and the instructor that the instructor shall teach at the school for one year, starting from of 2014.
(B) If the instructor wishes to renew his/her contract at the end of one year, he/she must inform the School two months prior to the end of one year's service, and the contract may, if both parties agree, be renewed at that time for another year by mutual agreement.

3. RESPONSIBILITIES OF TEACHER:
(A). The teacher is expected to devote no less than 1 hour a day at the institute for the lesson planning with co-teachers, student evaluations, syllabuses, telephone English, report cards, field trips, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading ones professional knowledge and skills without additional pay. The work week will follow the yearly academic calendar issued by the school
(B)Instuctor will attend the school event meetings – ads for recruiting, seminars, openclasses, inviting party events,etc..- on Saturdays without additional pay.(There will be about 4-5 times a year.
(C) The instructor's working hours 8 hours a day in accordance with The Korean Labor standard law (1:00pm -9:00pm) shall be determined by the School's schedule. However, the teaching schedule can be changed according to School’s schedule.
(D) The instructor is responsible for familiarizing him or herself with all institute materials relevant to teaching at the School. The instructor shall faithfully teach and train students at the School.


4. TEACHER'S SALARY:
(A) The teacher's total monthly salary shall be 2.2 mil won. . A severance pay bonus equivalent to one months salary will also be paid at the end of the contract. This compensation is in exchange for teaching an average of 6 hours a day, five days per week, totaling 120 hours a month during the contract year.
(B) On completion of ones responsibilities of the full contract period, the severance pay is 2.1mil won equivalent to the monthly salary. It will be paid only at the completion of the contract.
(C) ) If the instructor teaches, by mutual agreement of the instructor and
employer, additional teaching hours over and above 30 hours per week. Overtime compensation at 20,000 Won/hour shall be paid for those hours.
(D) The instructor's salary will be paid monthly on the regular day for payment of instructor's salaries.

5. AIRFARE TO KOREA

The instructor's one-way economy class or regular class airfare to Korea will be paid by the school or the school reimburse to the teacher in case the teacher buy the ticket. Return airfare to the teacher's home country shall be paid by the school upon completion of the 12 month contractual teaching period. Return airfare will not be provided if the teacher leaves the school prior to completion of the 12 month teaching period. The departure airport should be an international airport near teachers’ home. (Not domestic airport)

6. HOUSING
(A) The institute will provide a private single person accommodation free-of-charge to the teacher.
(B) The teacher's apartment furnishings shall include: basic cooking utensils such as pots pans and dishes; a stove; a refrigerator; a bed with clean linen; a washing machine; and a closet, heater, table and chairs, TV, and phone.
(C) Costs for all utilities, including lighting, heat, and water, shall be borne by the teacher.


7. VACATION TIME:
The teacher shall enjoy 10 days of paid vacation (in addition to all Korean
national holidays and Saturdays and Sundays). The paid vacation will be normally 5days for Summer and 5 days for winter. But the schedule can be changed by school’s schedule. Documented sick leave and emergency leave will be paid for a combined total of 3 working days a year. The teacher should provide the institute with as much advance notice as possible. The teacher should submit doctor’s prescription to the school for approving sick leaves. Unused sick leave may not be converted into any cash payment. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following months pay. The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.

8. INCOME TAX:
3.3% per month of the instructor's salary shall be deducted by the employer as withholding tax. as provided by Korean law.

9. KOREAN HEALTH INSURANCE:
Instructor 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 instructor. Instructor's share of this coverage will be deducted from instructor's monthly salary."

10. DUTY OF SECRECY:
(A) The instructor shall not disclose any of the contents of this agreement, including salary, to a third party (including other employees of the school)
(B) The instructor shall not disclose any information relating to the contents of lecturers and business operation of the School without prior permission of the School. Violation of this portion of the contract will cause the Instructor to be responsible to compensate the School for all possible losses suffered by the School.

11. ADDITIONAL DUTIES:
(A) The instructor is required to conduct him/herself in a professional manner and to wear neat attire while at the school. Casual clothing is acceptable, provided that it is neat and clean.
(B) The following forms of behavior will not be permitted.
1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director.
2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.
3) Making sexual advances towards, or entering in to relationships with students or employees of the School.
(C) The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At least two weeks termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor.
(D) If the Employee wishes to voluntarily resign from employment before the completion of this contract the employee must provide written notice to the Employer at least 12 weeks before the resignation
(E) For a dismissal or voluntary resignation of the teacher`s personal matters within this Contract period, the amount of airfare will be deducted from the Employee’s monthly salary and the teacher will make reparation for the damage.
(F) The teacher cannot work for other schools or companies without the consent of the school.

12. Both parties have carefully read this contract; They have agreed to its terms in good faith; and they will attempt to resolve any disputes which may arise in accordance with the terms of the contract, and in a reasonable manner. All disputes which cannot be resolved by the parties to this contract will be resolved through the legal system of Korea in accordance with Korean law.
I duly agree on the contract stated above."

Thank you in advance if anyone does help!
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Thu Jun 26, 2014 5:54 am    Post subject: Reply with quote

Epharry wrote:
Hi everyone, I'm completely new to this teaching lark and I received my first job offer today! I've read the contract over and don't think there's anything weird about it but there may be a few tricks that I'm not aware of. If someone wouldn't mind checking this for me I'd be eternally grateful!!! Very Happy Also, I do apologise in advance if there are hints and tips lying through this thread but I don't have much time before heading off to work.

Anyway, here's the contract:
"1. INTRODUCTION:This is an agreement between (hereinafter called `the instructor') and _____ (hereinafter called `the institute' or `the school' : , Korea). The instructor agrees to teach students at the institute at the times designated by the institute management, and agrees to develop and present educational programs for the students. The instructor agrees to follow and strictly comply with the School's policies and guidelines during the period of this agreement.

2. CONTRACT DURATION:
(A) It is hereby agreed between the school and the instructor that the instructor shall teach at the school for one year, starting from of 2014.
(B) If the instructor wishes to renew his/her contract at the end of one year, he/she must inform the School two months prior to the end of one year's service, and the contract may, if both parties agree, be renewed at that time for another year by mutual agreement.

3. RESPONSIBILITIES OF TEACHER:
(A). The teacher is expected to devote no less than 1 hour a day at the institute for the lesson planning with co-teachers, student evaluations, syllabuses, telephone English, report cards, field trips, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading ones professional knowledge and skills without additional pay. The work week will follow the yearly academic calendar issued by the school
(B)Instuctor will attend the school event meetings – ads for recruiting, seminars, openclasses, inviting party events,etc..- on Saturdays without additional pay.(There will be about 4-5 times a year.
(C) The instructor's working hours 8 hours a day in accordance with The Korean Labor standard law (1:00pm -9:00pm) shall be determined by the School's schedule. However, the teaching schedule can be changed according to School’s schedule.
(D) The instructor is responsible for familiarizing him or herself with all institute materials relevant to teaching at the School. The instructor shall faithfully teach and train students at the School.


4. TEACHER'S SALARY:
(A) The teacher's total monthly salary shall be 2.2 mil won. . A severance pay bonus equivalent to one months salary will also be paid at the end of the contract. This compensation is in exchange for teaching an average of 6 hours a day, five days per week, totaling 120 hours a month during the contract year.
(B) On completion of ones responsibilities of the full contract period, the severance pay is 2.1mil won equivalent to the monthly salary. It will be paid only at the completion of the contract.
(C) ) If the instructor teaches, by mutual agreement of the instructor and
employer, additional teaching hours over and above 30 hours per week. Overtime compensation at 20,000 Won/hour shall be paid for those hours.
(D) The instructor's salary will be paid monthly on the regular day for payment of instructor's salaries.

5. AIRFARE TO KOREA

The instructor's one-way economy class or regular class airfare to Korea will be paid by the school or the school reimburse to the teacher in case the teacher buy the ticket. Return airfare to the teacher's home country shall be paid by the school upon completion of the 12 month contractual teaching period. Return airfare will not be provided if the teacher leaves the school prior to completion of the 12 month teaching period. The departure airport should be an international airport near teachers’ home. (Not domestic airport)

6. HOUSING
(A) The institute will provide a private single person accommodation free-of-charge to the teacher.
(B) The teacher's apartment furnishings shall include: basic cooking utensils such as pots pans and dishes; a stove; a refrigerator; a bed with clean linen; a washing machine; and a closet, heater, table and chairs, TV, and phone.
(C) Costs for all utilities, including lighting, heat, and water, shall be borne by the teacher.


7. VACATION TIME:
The teacher shall enjoy 10 days of paid vacation (in addition to all Korean
national holidays and Saturdays and Sundays). The paid vacation will be normally 5days for Summer and 5 days for winter. But the schedule can be changed by school’s schedule. Documented sick leave and emergency leave will be paid for a combined total of 3 working days a year. The teacher should provide the institute with as much advance notice as possible. The teacher should submit doctor’s prescription to the school for approving sick leaves. Unused sick leave may not be converted into any cash payment. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following months pay. The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.

8. INCOME TAX:
3.3% per month of the instructor's salary shall be deducted by the employer as withholding tax. as provided by Korean law.

9. KOREAN HEALTH INSURANCE:
Instructor 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 instructor. Instructor's share of this coverage will be deducted from instructor's monthly salary."

10. DUTY OF SECRECY:
(A) The instructor shall not disclose any of the contents of this agreement, including salary, to a third party (including other employees of the school)
(B) The instructor shall not disclose any information relating to the contents of lecturers and business operation of the School without prior permission of the School. Violation of this portion of the contract will cause the Instructor to be responsible to compensate the School for all possible losses suffered by the School.

11. ADDITIONAL DUTIES:
(A) The instructor is required to conduct him/herself in a professional manner and to wear neat attire while at the school. Casual clothing is acceptable, provided that it is neat and clean.
(B) The following forms of behavior will not be permitted.
1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director.
2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.
3) Making sexual advances towards, or entering in to relationships with students or employees of the School.
(C) The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At least two weeks termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor.
(D) If the Employee wishes to voluntarily resign from employment before the completion of this contract the employee must provide written notice to the Employer at least 12 weeks before the resignation
(E) For a dismissal or voluntary resignation of the teacher`s personal matters within this Contract period, the amount of airfare will be deducted from the Employee’s monthly salary and the teacher will make reparation for the damage.
(F) The teacher cannot work for other schools or companies without the consent of the school.

12. Both parties have carefully read this contract; They have agreed to its terms in good faith; and they will attempt to resolve any disputes which may arise in accordance with the terms of the contract, and in a reasonable manner. All disputes which cannot be resolved by the parties to this contract will be resolved through the legal system of Korea in accordance with Korean law.
I duly agree on the contract stated above."

Thank you in advance if anyone does help!



1) Severance pay is stated as equal to one month's salary in 4a which is 2.2 million but in 4b it is 2.1 million. 4b should be changed to 2.2 million. This is probably just an oversight.

2) Overtime pay is a bit low. Some contracts are worse.

3) The contract requires 3 months' notice for you to resign. This is excessive. 2 months is standard.

4) 3.3% withholding tax is the Independent Contractor rate. If you were an employee it would be lower. Some schools are confused on the tax rate and withhold 3.3% for employees, however ...

5) The contract refers to you as "instructor" and "teacher" but not as an "employee" unless I missed it. This plus the other terms mean this is probably an Independent Contractor agreement. As an IC the pay level is too low. You are responsible to pay 100% of your Pension and Health Insurance. My general advice is to avoid IC contracts unless the pay level makes up for the missing benefits.

6) The contract includes some kind of health insurance, however it is not clear that this will be the National Health Insurance. They will probably try to wiggle out of enrolling you at all.

As an IC you are required to enroll in the National Health Insurance and pay 100% of the cost, even if you have some other health insurance. If you are an emplyee then your employer is required to enroll you and pay half.

If you are enrolled in the Korean National Health Insurance as an employee then you should also be enrolled in the National Pension, since both are required and they are linked (they check the enrollment lists of one against the other).

7) There is no mention of the National Pension. If you are an IC you are required to enroll yourself and pay 100% of the cost - 9% of your pay. If you are an employee your school is required to pay half. This alone amounts to a 4.5% reduction in your pay if you are an IC.

Cool Almost missed this one: NO airconditioner mentioned. Maybe they just forgot, but make sure it's in your contract. Korea is hot for several months each year. You will need an A/C.


All indications are that this is an IC contract with bad terms. It is generally useless to ask a school to change such terms, since they have already shown what they intend to do to you. However in some cases the contract doesn't state what they mean, bad English skills or using some boilerplate contract from a recruiter can be the cause, so clarification or correction is sometimes possible.

My guess is that they do know what they're doing. Are you desperate enough to take a bad contract?

If you don't want to be an IC, don't take this job. It is legal to be an IC on an E2 visa. There is no government agency that will help you for signing up to be an IC, as long as the school registers you as an IC. Nothing in this contract states that you will be an employee.

I'd pass on this one and tell them why. Someone who's been stuck sleeping on a couch in his mother's basement for two years might jump at it.
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debilechat



Joined: 24 Jun 2014

PostPosted: Fri Jun 27, 2014 4:20 am    Post subject: Contract review for first timer Reply with quote

Hello!

I've been sent through a contract for myself and my partner. We are going out together but aren't sure what to expect. The contract is below.

CLAUSE 1 (APPOINTMENT)
a. The employer agrees to employ the teacher during the period stipulated herein.
b. The teacher agrees to accept employment and will work in his/her full capacity for the school.
CLAUSE 2 (PERIOD OF EMPLOYMENT) /

a. The total Agreement term is for one year, commencing from the first teaching day, ending on the last teaching day of the teacher's twelfth full teaching session, according to the institute session calendar.
b. During the duration of this contract and without prior consent of the employer, the employer can deny a release letter to the employee seeking another job position elsewhere.


CLAUSE 3 (THE EMPLOYER’S RESPONSIBILITIES)

a. The employer is required to provide support to the teacher in his/her full capacity, working together to provide quality English instruction under the terms stated in this contract.
b. The employer will honor the terms and conditions of employment, as stated within this contract.


CLAUSE 4 (THE TEACHER’S RESPONSIBILITIES 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’ or ‘Director’ he/she must carry out assignments as directed by the employer. The ‘Supervisor’ or ‘Director’ will be responsible for establishing and communicating the ‘Standards of Performance’ as related to the duties stated in this contract.

b. The teacher MUST be adequately prepared for the classes in advance, preparing a detailed lesson plan for every class, every day.

c. Throughout the term of the contract, teachers must maintain a clean and neat appearance. While suits and ties are not mandatory, a professional attire and appearance is desirable. (Banned: t-shirts, tethered clothes, clothes with holes, body piercing, revealing tops that shows the waist, thongs, long hair (for men), unshaven beard, skin head, showing of underwear or not wearing underwear.

d. The teacher’s work will include the following:
① Teaching the English to students (Target students’ ages: 3 to Adult)
② Develop educational programs and materials, expanding off of what is already provided in the curriculum
③ Curriculum design and implementation
④ Indoor/outdoor classroom activities for/with students
⑤ Level tests, placement by levels, evaluation, check list, monthly report
⑥ Providing students with individualized care
⑦ Attending teacher’s meetings, training, and workshops
⑧ Other related ‘ institute’ activities and requirements

CLAUSE 5 (WORKING HOURS) /

a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor or Director from Monday through Friday (9:30 AM ~ 6:30 PM) , and during special events.

b. Teachers will be required to attend some special events throughout the year (Workshops, graduation ceremony, etc.), which may fall on a Saturday. Teachers do not receive additional compensation for these days.

c. The teacher is expected to teach 120 teaching hour per session. The teacher assumes responsibility to completely prepare for all his/her classes. (Each session is approximately one month in duration)


CLAUSE 6 (SALARY AND OVERTIME RATE)

a. 1 teaching hour is equal to 60minutes .
(Eg. Two 45min. lessons are equal to 1hour and 30 minutes teaching hours.)

b. The employer agrees to pay the teacher salary of 2,100,000 Korean Won for 120 teaching hours per session and preparation for classes.
c. The payment of the teachers’ salary is to be made on 10 of each month, after the required work is completed.
d. Each teaching hour exceeding the 120 teaching hours/session will be considered as overtime. The payment for the overtime will be 20,000 Korean Won per each teaching hour.
Attendance at scheduled staff meetings and workshops, along with preparation for classes is mandatory and not considered as overtime.


CLAUSE 7 (TAX)

Income tax and inhabitants’ taxes will be withheld from the salary in accordance with the Korean laws.

CLAUSE 8 (TRANSPORTATION)

a. Round trip flight fare is provided to every one-year-contracted teacher. A one-way ticket departing from the teacher’s nearest airport and arriving to the international airport in Korea will be provided. When the teacher fulfils the one-year-contract, another one-way ticket will be issued. Transportation from the airport to the school in where the teacher will be teaching, will be provided.
b. If the teacher leaves the school prior to completing 12 months for any reason as agreed to in this contract, the teacher must reimburse the school the cost of the airfare paid by the school or the school may deduct the equivalent amount from the teacher’s last month’s pay.

CLAUSE 9 (TRAINING) /

a. Upon the arrival in Korea, the teacher will attend a new teacher’s training.
b. The employment may be canceled during the training period in the headquarters if he/she is judged to be inadequate or incompetent to become teachers.
c. Teachers will be not paid during the training period.
CLAUSE 10 (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.

CLAUSE 11 (VACATION , HOLIDAYS AND SICK DAYS)

a. The teacher will be allowed holidays during national holidays, while vacation days are allowed only during the days allowed/stated in the session calendar.
b. The teacher may use up to 3 paid sick days per year provided they bring a doctor’s note from a company-recognized hospital. Any additional sick days beyond the 3 provided will be counted as absences, and the payment will be calculated according to the daily rate/hourly rate.


CLAUSE 12 (Visa Sponsorship) /

a. The employer is responsible for sponsoring and acquiring the one-year E-2 teaching visa and alien card necessary to be legally employed as an English Teacher in Korea and that he/she is able to acquire a Korean bank account.

b. The Institute is responsible for all fees in acquiring the necessary teaching visa issuance number through the immigration office. Visa application fees and its related expenses in the Instructor’s homeland will be paid at his/her expense.



CLAUSE 13 (ACCOMMODATIONS) /

a. The school will provide the teacher with furnished accommodation.
b. Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, wardrobe, fan, kitchen table, basic utensils, chairs, and two-burner gas hot plate.
c. Selection of the apartment and its location is to be made by the employer, and will be made without consulting with the teacher.
d. The deposit and monthly rent is the full responsibility of the employer.
e. Any and all other living costs are to be the full responsibility of the teacher. (All utilities: gas, electricity, cable, internet, etc.)
f. For the first three months, the Employer will withhold a safety deposit of 200,000 Korean Won each month, for a total deposit of 600,000 Korean Won. This deposit is used to pay off utility and telephone charges unpaid at the resident, if any. After the employer clears all utilities and miscellaneous bills and conformation is received, the deposit (minus any remaining dues) is to be returned to the teacher. However, if the total remaining dues exceed the 600,000, the teacher is entirely responsible, and is to satisfy all debts with the employer and/or utility companies.
g. Any and all unpaid balances of services utilized while residing at the furnished apartment is the responsibility of the teacher. Bills have been paid will be transferred to the teacher’s account back home after the termination of the contract.


CLAUSE 14 (SEVERANCE PAYMENT)

Upon completion of this one-year contract, the teacher will receive a severance payment of one month’s salary, as mandated by the Korean workers protection legislations. This payment will be made at the time of completion of the contract period and any and all income taxes are to be withheld.

CLAUSE 15 ( 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 school


② The employer agrees to give the employee 20 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 employment immediately with no warning or notice.
③ In the event the teacher resigns from employment, he/she can do so giving 60 working days notice to the employer.
④ In either case of dismissal or resignation before completing nine (9) months period of the contract term, the teacher must reimburse the employer the cost of the ticket to Korea.

⑤ 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 16 (GOVERNING LAW & JURISDICTION)

a. This Agreement is governed under the laws of the Republic of Korea and any breach of this contract, of any form, may result in prosecution through the legal system in the Republic of Korea.
b. This Agreement is made final and firm unless any material modification or amendment to this Agreement is executed with the full knowledge and consent of the undersigned and incorporated into this Agreement.







Any advice would be gratefully received! Very Happy
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cscheer0405



Joined: 16 Jun 2014
Location: United States

PostPosted: Fri Jun 27, 2014 4:56 am    Post subject: Part-Time Contract Reply with quote

Good Morning,

I am coming to Seoul on an F-4 Visa. I am planning on working part-time. I know my contract is not a typical one like others on this site, which is why I am posting it here. I'm not sure what I should be getting as a part-time employee. Any help would be greatly appreciated!

Thank you,
Cassandra

Clause 1. Position
Part-time instructor (for 1 year)



Clause 2. The term of contract
This contract goes into effect beginning 2014.9.1 and ends on 2015.8.31.



Clause 3. Required teaching hours
16 hours per week, From 2:00 – to 7:30 Mon/Wed/Fri. The teaching hours can be changed by mutual consent.



Clause 4. The Employee’s main responsibilities are
A) To teach English conversation courses
(The Employee may be given extra teaching hours upon request of the academy. Extra pay is given according to the overtime rate.)
B) The Employee is required to work for regularly scheduled hours from Monday to Friday.
C) Classes and teaching hours are scheduled at the academy’s sole discretion.
D) The Employee is required to go through an orientation and a training program before starting employment.
E) The Employee has to hold up his/her end.
F) Teaching outside of the Hagwon is not permitted during the contract period.



Clause 5. Payment and overtime allowance
A) The salary will be paid on a monthly basis Smile mil/month.
B) Overtime rate is 25,000won per time. (1time = 45min)
C) The Employee’s salary will be paid on 10 of each month.


Clause 6. Vacation
5-6 days vacation per year.

(Do you think this is because I only work 3 days a week? They told me one week off in summer and one week off in winter)


Clause 7. Taxes
The Employee must pay applicable taxes as required by Korean tax law. (3.3% reduction)



Clause 8. Termination notice and evaluation
A) Canceling classes without any reasons and/or skipping without notices will not be permitted. Except for an acceptable reason, this may be grounds for dismissal of the Employee at the discretion of the Employer.
B) Illegal act, which violates the immigration laws of Korea, will be grounds for the immediate dismissal of the Employee at the sole discretion of the Employer.
C) Teaching a private class outside of our academy will be grounds for the immediate dismissal of the Employee at the sole discretion of the Employer. (Except for acceptable classes)
D) Within 14-days the Employee is required to sign a notice of the termination and accompany the Employer to the Korean Immigration office of the termination.



Clause 9. Renewal
Clause 10. Governing law & Jurisdiction
A) This contract is governed by the law of the Republic of Korea.
B) This contract is made final and firm unless any material modification or amendment to this contract is executed with the full knowledge and consent of the undersigned and incorporated into this contract.

Clause 10. Governing law & Jurisdiction
A) This contract is governed by the law of the Republic of Korea.
B) This contract is made final and firm unless any material modification or amendment to this contract is executed with the full knowledge and consent of the undersigned and incorporated into this contract.[/b]
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Fri Jun 27, 2014 10:15 am    Post subject: Re: Contract review for first timer Reply with quote

debilechat wrote:
Hello!

I've been sent through a contract for myself and my partner. We are going out together but aren't sure what to expect. The contract is below.

CLAUSE 1 (APPOINTMENT)
a. The employer agrees to employ the teacher during the period stipulated herein.
b. The teacher agrees to accept employment and will work in his/her full capacity for the school.
CLAUSE 2 (PERIOD OF EMPLOYMENT) /

a. The total Agreement term is for one year, commencing from the first teaching day, ending on the last teaching day of the teacher's twelfth full teaching session, according to the institute session calendar.
b. During the duration of this contract and without prior consent of the employer, the employer can deny a release letter to the employee seeking another job position elsewhere.


CLAUSE 3 (THE EMPLOYER’S RESPONSIBILITIES)

a. The employer is required to provide support to the teacher in his/her full capacity, working together to provide quality English instruction under the terms stated in this contract.
b. The employer will honor the terms and conditions of employment, as stated within this contract.


CLAUSE 4 (THE TEACHER’S RESPONSIBILITIES 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’ or ‘Director’ he/she must carry out assignments as directed by the employer. The ‘Supervisor’ or ‘Director’ will be responsible for establishing and communicating the ‘Standards of Performance’ as related to the duties stated in this contract.

b. The teacher MUST be adequately prepared for the classes in advance, preparing a detailed lesson plan for every class, every day.

c. Throughout the term of the contract, teachers must maintain a clean and neat appearance. While suits and ties are not mandatory, a professional attire and appearance is desirable. (Banned: t-shirts, tethered clothes, clothes with holes, body piercing, revealing tops that shows the waist, thongs, long hair (for men), unshaven beard, skin head, showing of underwear or not wearing underwear.

d. The teacher’s work will include the following:
① Teaching the English to students (Target students’ ages: 3 to Adult)
② Develop educational programs and materials, expanding off of what is already provided in the curriculum
③ Curriculum design and implementation
④ Indoor/outdoor classroom activities for/with students
⑤ Level tests, placement by levels, evaluation, check list, monthly report
⑥ Providing students with individualized care
⑦ Attending teacher’s meetings, training, and workshops
⑧ Other related ‘ institute’ activities and requirements

CLAUSE 5 (WORKING HOURS) /

a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor or Director from Monday through Friday (9:30 AM ~ 6:30 PM) , and during special events.

b. Teachers will be required to attend some special events throughout the year (Workshops, graduation ceremony, etc.), which may fall on a Saturday. Teachers do not receive additional compensation for these days.

c. The teacher is expected to teach 120 teaching hour per session. The teacher assumes responsibility to completely prepare for all his/her classes. (Each session is approximately one month in duration)


CLAUSE 6 (SALARY AND OVERTIME RATE)

a. 1 teaching hour is equal to 60minutes .
(Eg. Two 45min. lessons are equal to 1hour and 30 minutes teaching hours.)

b. The employer agrees to pay the teacher salary of 2,100,000 Korean Won for 120 teaching hours per session and preparation for classes.
c. The payment of the teachers’ salary is to be made on 10 of each month, after the required work is completed.
d. Each teaching hour exceeding the 120 teaching hours/session will be considered as overtime. The payment for the overtime will be 20,000 Korean Won per each teaching hour.
Attendance at scheduled staff meetings and workshops, along with preparation for classes is mandatory and not considered as overtime.


CLAUSE 7 (TAX)

Income tax and inhabitants’ taxes will be withheld from the salary in accordance with the Korean laws.

CLAUSE 8 (TRANSPORTATION)

a. Round trip flight fare is provided to every one-year-contracted teacher. A one-way ticket departing from the teacher’s nearest airport and arriving to the international airport in Korea will be provided. When the teacher fulfils the one-year-contract, another one-way ticket will be issued. Transportation from the airport to the school in where the teacher will be teaching, will be provided.
b. If the teacher leaves the school prior to completing 12 months for any reason as agreed to in this contract, the teacher must reimburse the school the cost of the airfare paid by the school or the school may deduct the equivalent amount from the teacher’s last month’s pay.

CLAUSE 9 (TRAINING) /

a. Upon the arrival in Korea, the teacher will attend a new teacher’s training.
b. The employment may be canceled during the training period in the headquarters if he/she is judged to be inadequate or incompetent to become teachers.
c. Teachers will be not paid during the training period.
CLAUSE 10 (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.

CLAUSE 11 (VACATION , HOLIDAYS AND SICK DAYS)

a. The teacher will be allowed holidays during national holidays, while vacation days are allowed only during the days allowed/stated in the session calendar.
b. The teacher may use up to 3 paid sick days per year provided they bring a doctor’s note from a company-recognized hospital. Any additional sick days beyond the 3 provided will be counted as absences, and the payment will be calculated according to the daily rate/hourly rate.


CLAUSE 12 (Visa Sponsorship) /

a. The employer is responsible for sponsoring and acquiring the one-year E-2 teaching visa and alien card necessary to be legally employed as an English Teacher in Korea and that he/she is able to acquire a Korean bank account.

b. The Institute is responsible for all fees in acquiring the necessary teaching visa issuance number through the immigration office. Visa application fees and its related expenses in the Instructor’s homeland will be paid at his/her expense.



CLAUSE 13 (ACCOMMODATIONS) /

a. The school will provide the teacher with furnished accommodation.
b. Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, wardrobe, fan, kitchen table, basic utensils, chairs, and two-burner gas hot plate.
c. Selection of the apartment and its location is to be made by the employer, and will be made without consulting with the teacher.
d. The deposit and monthly rent is the full responsibility of the employer.
e. Any and all other living costs are to be the full responsibility of the teacher. (All utilities: gas, electricity, cable, internet, etc.)
f. For the first three months, the Employer will withhold a safety deposit of 200,000 Korean Won each month, for a total deposit of 600,000 Korean Won. This deposit is used to pay off utility and telephone charges unpaid at the resident, if any. After the employer clears all utilities and miscellaneous bills and conformation is received, the deposit (minus any remaining dues) is to be returned to the teacher. However, if the total remaining dues exceed the 600,000, the teacher is entirely responsible, and is to satisfy all debts with the employer and/or utility companies.
g. Any and all unpaid balances of services utilized while residing at the furnished apartment is the responsibility of the teacher. Bills have been paid will be transferred to the teacher’s account back home after the termination of the contract.


CLAUSE 14 (SEVERANCE PAYMENT)

Upon completion of this one-year contract, the teacher will receive a severance payment of one month’s salary, as mandated by the Korean workers protection legislations. This payment will be made at the time of completion of the contract period and any and all income taxes are to be withheld.

CLAUSE 15 ( 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 school


② The employer agrees to give the employee 20 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 employment immediately with no warning or notice.
③ In the event the teacher resigns from employment, he/she can do so giving 60 working days notice to the employer.
④ In either case of dismissal or resignation before completing nine (9) months period of the contract term, the teacher must reimburse the employer the cost of the ticket to Korea.

⑤ 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 16 (GOVERNING LAW & JURISDICTION)

a. This Agreement is governed under the laws of the Republic of Korea and any breach of this contract, of any form, may result in prosecution through the legal system in the Republic of Korea.
b. This Agreement is made final and firm unless any material modification or amendment to this Agreement is executed with the full knowledge and consent of the undersigned and incorporated into this Agreement.







Any advice would be gratefully received! Very Happy



1) Unpaid training period. This is very cheap though not uncommon. Plus, you can be fired during training and pay your own airfare both ways with no pay.
2) 600,000 housing deposit. Public schools and many hogwans have these, still not desirable.
3) 2.1 mil standard pay. 20,000 OT rate is low.
4) 9:30 am - 6:30 pm Very long teaching hours. You will have prep time in addition to those long hours.
5) Private Health Insurance is mentioned and no National Pension, so they will probably enroll you as an Independent Contractor. Although the contract calls you an employee, there are several indications that you will not be an employee but an IC. Perhaps the contract is badly written and you will be an employee with National Health Insurance and Pension. If not, do not take this job.
6) Taxes withheld according to Korean tax laws means you can be an IC.
7) Conflicting sections regarding repayment of airfare to Korea. 8b says you have to repay if you don't finish 12 months - Yikes. 15 b? 4 says you have to repay if you don't finish 9 months - Still bad.
8.) Contract lists a fan but no A/C. You will need an air conditioner.
9) Ages 3 to adult. Is that 3 in Korean age? These are babies and you will be changing diapers. If this is what you like to do ... for your teaching career?
10) They give a pretty fair warning that you will not get a release letter if things don't work out and you want to change jobs.


No way. All these jobs are up to the teacher. Everyone posting here really wants a good job and a good experience in Korea. Sometimes you have to accept conditions that are a little substandard. But all these terms together ... No Way. Keep looking.
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debilechat



Joined: 24 Jun 2014

PostPosted: Fri Jun 27, 2014 3:07 pm    Post subject: Reply with quote

Thank you so much for your feedback! I had spotted a couple of things I wasn't happy with but you have pointed out some things I hadn't even noticed!

It's confirmed what I thought though which is to turn this down and keep hunting. I'd heard negative things about the school so we shall decline and move on. Smile
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Sat Jun 28, 2014 1:39 am    Post subject: Re: Part-Time Contract Reply with quote

cscheer0405 wrote:
Good Morning,

I am coming to Seoul on an F-4 Visa. I am planning on working part-time. I know my contract is not a typical one like others on this site, which is why I am posting it here. I'm not sure what I should be getting as a part-time employee. Any help would be greatly appreciated!

Thank you,
Cassandra

Clause 1. Position
Part-time instructor (for 1 year)



Clause 2. The term of contract
This contract goes into effect beginning 2014.9.1 and ends on 2015.8.31.



Clause 3. Required teaching hours
16 hours per week, From 2:00 – to 7:30 Mon/Wed/Fri. The teaching hours can be changed by mutual consent.



Clause 4. The Employee’s main responsibilities are
A) To teach English conversation courses
(The Employee may be given extra teaching hours upon request of the academy. Extra pay is given according to the overtime rate.)
B) The Employee is required to work for regularly scheduled hours from Monday to Friday.
C) Classes and teaching hours are scheduled at the academy’s sole discretion.
D) The Employee is required to go through an orientation and a training program before starting employment.
E) The Employee has to hold up his/her end.
F) Teaching outside of the Hagwon is not permitted during the contract period.



Clause 5. Payment and overtime allowance
A) The salary will be paid on a monthly basis Smile mil/month.
B) Overtime rate is 25,000won per time. (1time = 45min)
C) The Employee’s salary will be paid on 10 of each month.


Clause 6. Vacation
5-6 days vacation per year.

(Do you think this is because I only work 3 days a week? They told me one week off in summer and one week off in winter)


Clause 7. Taxes
The Employee must pay applicable taxes as required by Korean tax law. (3.3% reduction)



Clause 8. Termination notice and evaluation
A) Canceling classes without any reasons and/or skipping without notices will not be permitted. Except for an acceptable reason, this may be grounds for dismissal of the Employee at the discretion of the Employer.
B) Illegal act, which violates the immigration laws of Korea, will be grounds for the immediate dismissal of the Employee at the sole discretion of the Employer.
C) Teaching a private class outside of our academy will be grounds for the immediate dismissal of the Employee at the sole discretion of the Employer. (Except for acceptable classes)
D) Within 14-days the Employee is required to sign a notice of the termination and accompany the Employer to the Korean Immigration office of the termination.



Clause 9. Renewal
Clause 10. Governing law & Jurisdiction
A) This contract is governed by the law of the Republic of Korea.
B) This contract is made final and firm unless any material modification or amendment to this contract is executed with the full knowledge and consent of the undersigned and incorporated into this contract.

Clause 10. Governing law & Jurisdiction
A) This contract is governed by the law of the Republic of Korea.
B) This contract is made final and firm unless any material modification or amendment to this contract is executed with the full knowledge and consent of the undersigned and incorporated into this contract.[/b]



It's hard to evalute this contract since much of the contract seems to be missing, most importantly, your monthly or hourly pay.

From the portion of the contract above it seems you will be working 16 hours per week - part time hours - with no benefits: no housing, no health insurance, no pension and 3.3% income tax withholding. There is also no severance in the contract which you should still be getting for working 1 full year. Essentially you are an Independent Contractor, which in this case is probably appropriate and fine, except for the sections of the contract that prohibit working for other schools. You should get these parts, 8c and 4f, and the part about your visa, 8d (which isn't appropriate with your F4 visa status), removed from the contract or it's a no go (unless you don't mind being limited to one school with part time hours for a whole year).

Your rate of pay, which you deleted, is everything. With no benefits you should be getting at least 30,000 won per class hour (1,920,000 won per month) for your teaching time, unless you are a terrible teacher, in which case they shouldn't hire you. (Many experienced F visa holders and E2s make more than 30,000 won per hour for part time or hourly gigs without benefits.) Since your overtime rate is listed at 25,000 won per hour, I'd guess that your regular hourly rate is even lower.

If you're only working 3 days per week, then your number of days off for a one week vacation should also be 3 days, so this part is as it should be, although it's not clear in the posted contract that these days will be paid or just days off without pay.
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cscheer0405



Joined: 16 Jun 2014
Location: United States

PostPosted: Sat Jun 28, 2014 7:55 am    Post subject: Part-Time contract Reply with quote

Thank you very much for your feedback. The pay is essentially $26/hour. After reading your comments, it's clear that some negotiations must take place. I was definitely concerned about the pension and health insurance, as well as the low tax rate, especially after reading that all of the above is mandatory and the tax rate is much higher. It's hard to figure out what I am entitled to as a part-time employee, but you have cleared it up for me!

Thank you again!
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