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Newbie
Joined: 22 Apr 2003 Posts: 6
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Posted: Wed Apr 23, 2003 6:23 pm Post subject: Would you accept this contract? HELP |
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I know its long, but please help out a newbie and advise.
EMPLOYMENT CONTRACT
FULL-TIME POSITION
It is agreed between Washington Institute of Language, the first party, and the below named person, the second party, as follows:
1.The first party employs the second party as an English language instructor for the period of one year beginning July 1st, 2003 and terminating June 31st, 2004.
The first three months of this contract are a probationary period: during this period no notice is required by the First Party to terminate the employment of the Second Party.
2.Subject to the above, either party to this agreement may terminate the agreement upon 2 months written notice or payment of 2 months salary in lieu of notice to the other party.
3. This contract may be renewed with 3 months advance notice.
4. The second party is required to attend training for 5 days prior to commencing employment; this will be unpaid. During this time, the first party will provide accommodation if required and a meal allowance of 2,000 yen per day.
5. The second party practices and fulfills the policy of Washington Institute of Language,�THE GLOBALIZATION OF THE LOCAL COMMUNITY�.
6. The second party will work 5 days per week between the hours of 11:00 and 21:10. The second party will have the responsibility of teaching various levels of English classes for 26 hours per week, preparing for lessons, filling in reports, data inputting for student reports, preparing Topic slips punctually, interviewing with applicant students, performing level checks, some rewriting and occasionally assisting with office functions.
7.The participation of the second party in all scheduled meetings and events will be required.
8.The teaching hours of the second party may be increased by mutual agreement between the first party and the second party. The second party will receive compensation at the rate of \3,000 for each teaching hour exceeding 26 hours.
9.Should any attendance(except the substitute work day) of the second party be required on his/her day-off, the second party will receive the compensation at the rate of \5,000 per day.
10.The compensation to the second party is payable monthly at an agreed sum of two hundred and fifty thousand yen(\250,000); payment to be made on the 10th of the following month (if a holiday, then on the next banking day).
11.The first party shall provide a basic Japanese style furnished apartment for the second party alone. No guests are allowed without permission. The second party will have rent deducted from his/her salary and will pay for all utilities.
12. The first party is obligated and authorized to make such deductions from compensation as are provided by tax laws.
13.One-third of the national health insurance (�Kokumin Kenko Hoken�) fee will be reimbursed by the first party.
14.The negligence of the second party in performing their duty will cause a deduction of the payment due according to the hourly payment necessary for a substitute.
15.Paid sick leave will be one(1) day during the contract period, if required. If not required at the end of the contract period, a bonus payment of \10,000 will be made.
16.Due to the nature of the full-time position, and the contingent responsibilities thereof for the first party, the second party shall not earn any income from any other institutions, organizations or persons during the term of employment at the first party.
17.The first party will provide the second party with sponsorship for a working visa.
18.If a problem occurs not mentioned above, the first and second parties shall cooperate to find a solution to the problem.
19.The second party should observe the Washington Institute of Language Regulations. (Refer to the Washington Institute of Language Regulations.)
Executed this 30th day of April, 2003
for Washington Institute of Language
(Your name) Yoshio Tateyama
Second Party President and Chief Executive Officer
First Party
Floyd Hodgins
Director & Foreign Faculty Personnel Director (FFPD) as Witness
Washington Institute of Language
Full-Time Position Instructors Regulations
In terms of commitment to the profession:
1.The second party is expected to arrive at the workplace with ample time, to prepare lessons or any other sessions, before any scheduled class. Recommended arrival time is 15 minutes prior to the class start time.
2.The second party is expected to follow the guidelines provided in curriculum when teaching at Washington Institute of Language.
3.Washington Institute of Language teaching methods, styles and student profiles are to be kept confidential, even upon expiration of the work contract.
4.No papers or teaching materials which belong to Washington Institute of Language may be removed from the premises without authorization.
5.All papers, documents or reports required should be submitted by the stated due date.
6.Male and Female Dress Code: Neat and respectable. (Tie expected.)
7.The second party is to report any or all accidents or problems immediately. Written reports, stating the date, time, nature of the accident or the problem and any action taken will be submitted.
8. The second party should be alert about their health and spirits.
Executed this 30th day of April, 2003
for Washington Institute of Language
(Your name)   Yoshio Tateyama
Second Party President and Chief Executive Officer
First Party
Floyd Hodgins
Director & Foreign Faculty Personnel Director (FFPD) as Witness |
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ESLMaster
Joined: 11 Feb 2003 Posts: 20
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Posted: Thu Apr 24, 2003 1:04 am Post subject: Where is this place? |
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Is this the Washington Institute in Kumamoto, Japan??? |
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Glenski

Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN
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Posted: Thu Apr 24, 2003 2:36 am Post subject: |
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First of all, the legal language style doesn't throw me off too much. I had a good job with a place that used such language in its contracts.
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The first three months of this contract are a probationary period: during this period no notice is required by the First Party to terminate the employment of the Second Party. |
I don't like this aspect. Probation seems too long, and the termination option seems severe. The good news is that if you have a visa at this time, you are free as a bird if they fire you. You just have to be sure about housing.
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This contract may be renewed with 3 months advance notice. |
This is entirely legal. Somewhat harsh, but I have lived with such a clause with no problem. Just realize that you may have to lean on the employer come this time, or you might not hear about his desire to renew, even if he wants you. Just be professionally curious when you ask.
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The second party is required to attend training for 5 days prior to commencing employment; this will be unpaid. During this time, the first party will provide accommodation if required and a meal allowance of 2,000 yen per day. |
I don't like this at all. No pay for training? Goodbye. I don't attend training on my own pocketbook, even for 2000 yen/day. My time is too valuable. And, if they don't like me, their termination clause puts me on the street with no money.
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The second party will work 5 days per week between the hours of 11:00 and 21:10. The second party will have the responsibility of teaching various levels of English classes for 26 hours per week, preparing for lessons, filling in reports, data inputting for student reports, preparing Topic slips punctually, interviewing with applicant students, performing level checks, some rewriting and occasionally assisting with office functions. |
Pretty standard, although it sounds like you will have very busy days.
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The participation of the second party in all scheduled meetings and events will be required. |
Presumably they will be scheduled during your regular work hours. I'd ask. Friend of mine was told his weekly meetings started at 10:00, but he was supposed to start work at 10:30. After a while, he inquired about getting paid for the 30 minutes that accrued over time. The employer balked at first, then wound up paying him.
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The teaching hours of the second party may be increased by mutual agreement between the first party and the second party. The second party will receive compensation at the rate of \3,000 for each teaching hour exceeding 26 hours.
9.Should any attendance(except the substitute work day) of the second party be required on his/her day-off, the second party will receive the compensation at the rate of \5,000 per day. |
OT pay seems reasonable enough. However, I would never work for 5000 yen/day unless it was just one class. Don't let them con you into coming in for half a day and paying you this paltry sum.
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The first party shall provide a basic Japanese style furnished apartment for the second party alone. No guests are allowed without permission. The second party will have rent deducted from his/her salary and will pay for all utilities. |
Salary and paying utilities are standard. I object to an employer telling me who can visit me or not. Look out for hidden cameras. Goodbye!
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Paid sick leave will be one(1) day during the contract period, if required. If not required at the end of the contract period, a bonus payment of \10,000 will be made. |
I believe they are legally obligated to offer more than one day. Goodbye!
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Due to the nature of the full-time position, and the contingent responsibilities thereof for the first party, the second party shall not earn any income from any other institutions, organizations or persons during the term of employment at the first party. |
Trickiest part of the contract. Legally, they can't tell you what to do in your off hours. Many people take PT jobs or private lessons on the side, however, and if you do, keep it strictly confidential. Working in a small town may make that impossible.
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The second party should observe the Washington Institute of Language Regulations. (Refer to the Washington Institute of Language Regulations.) |
Will they let you see these before you sign? If not, goodbye!
Bottom line: this seems like a strict contract, but fairly up and up legally. "Fairly". I would not work for them. |
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buffy
Joined: 12 Feb 2003 Posts: 57
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Posted: Thu Apr 24, 2003 3:35 am Post subject: Run, don't look back. |
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I ditto Glenski's comments.
You can do better than that.
If you are still interested, see if the employer can provide you with names of previous teachers so you can speak with them yourself. |
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Newbie
Joined: 22 Apr 2003 Posts: 6
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Posted: Thu Apr 24, 2003 4:13 am Post subject: Re: Where is this place? |
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ESLMaster wrote: |
Is this the Washington Institute in Kumamoto, Japan??? |
Yes, Do you have any information on it. |
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Newbie
Joined: 22 Apr 2003 Posts: 6
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Posted: Thu Apr 24, 2003 4:17 am Post subject: Thanks guys. |
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I have been reading these posts for a while and think that the help you guys offer is so invaluable. I don't know what we newbies would do without places like this.  |
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homersimpson
Joined: 14 Feb 2003 Posts: 569 Location: Kagoshima
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Posted: Thu Apr 24, 2003 4:33 am Post subject: |
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I'd be concerned about the rent. How much is it? The contract doesn't state it. |
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G Cthulhu
Joined: 07 Feb 2003 Posts: 1373 Location: Way, way off course.
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Posted: Thu Apr 24, 2003 5:36 am Post subject: Re: Would you accept this contract? HELP |
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Newbie wrote: |
6. The second party will work 5 days per week between the hours of 11:00 and 21:10. The second party will have the responsibility of teaching various levels of English classes for 26 hours per week, preparing for lessons, filling in reports, data inputting for student reports, preparing Topic slips punctually, interviewing with applicant students, performing level checks, some rewriting and occasionally assisting with office functions.
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That's a pretty heavy teaching schedule.
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9.Should any attendance(except the substitute work day) of the second party be required on his/her day-off, the second party will receive the compensation at the rate of \5,000 per day.
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This implies they can require you to work on your days off...
And there's no mention of taking the time as daikyu rather than simply extra paid work. This doesn't suggest much flexibility on their part.
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11.The first party shall provide a basic Japanese style furnished apartment for the second party alone. No guests are allowed without permission. The second party will have rent deducted from his/her salary and will pay for all utilities.
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Their apartment, their terms. How much is the place? And I'd have the details of the place spelt out *exactly*.
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13.One-third of the national health insurance (“Kokumin Kenko Hoken”) fee will be reimbursed by the first party.
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This is illegal. The law requires a 50% contribution from the employer for the National Health Scheme.
No mention of pension schemes or unemployment insurance? They are requried by law to offer both, either the National schemes or a company one. Except when the National Health Scheme is the preferred company optiojn, you don't have to accept *any* of those schemes, btw. You can find your own *excepting* they *can* make employment conditional on accepting the in-house health cover.
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14.The negligence of the second party in performing their duty will cause a deduction of the payment due according to the hourly payment necessary for a substitute.
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This is also illegal. They can deduct only the pro-rata'd amount of *your* pay for time you skip, not what it costs them to find a replacement for you in the time.
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15.Paid sick leave will be one(1) day during the contract period, if required. If not required at the end of the contract period, a bonus payment of \10,000 will be made.
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This is legal (sick leave isn't (I *think*) mandatory), but amazingly cheap.
No mention of national holidays or annual leave? They have to give you 12 (9?) days nenji in the first year, by law. It goes up every year after that.
All in all, an average to poor contract.
The hours are long and the compensation pretty poor. I'd tell them no unless they lower the contact hours, correct the insurances/health issues and specify clearly the nenji/nenkyu provisions. |
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Smooth Operator
Joined: 29 Jan 2003 Posts: 140 Location: Japan
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Posted: Fri May 02, 2003 3:44 pm Post subject: Avoid |
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I can only concur with the other posters. Not a good contract. They are charging you rent and saying you must get permission for visitors! Outrageous...
Avoid at all costs, there are better jobs than this... |
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