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radish
Joined: 29 Mar 2007 Posts: 6
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Posted: Mon May 21, 2007 3:37 pm Post subject: Is this contract 'normal'? |
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I'm wondering how standard this contract is...I don't have a TESL certificate, though I do have some experience teaching ESL in the U.S.
Also, if anyone has any information about the school --Jade Eikaiwa on Shikoku Island, I'd be eager to hear about it as the Google results are rather sparse.
Apparently, it is a conversation school.
Thanks!
Contract:
The Jade Eikaiwa Contract
The following are the terms and conditions of employment agreed upon by ___ and ___ representing Jade Eikaiwa and
______________________________ on ____________________________.
1)Position & Term
______________________________will be employed as a teacher responsible for pre-school, elementary, junior high school and senior high school classes plus adult conversation classes. The schools are located in the cities of Niihama, Imabari, Saijo and Iyomishima, in Ehime prefecture, Shikoku, Japan. The term of the teaching contract will
be from __________________________ to ___________________________.
2)Working Hours
The minimum working hours are 100 hours per month. This is to be worked either Monday to Friday or Tuesday to Saturday or an alternative arrangement mutually agreeable to both parties. Working hours are between 11AM to 11PM on any given day of the agreed working week.
3)Additional Working Hours
In the event of increased student demand working hours will be extended to facilitate more classes. If additional working hours are available, teachers are required to teach up to a maximum of 120 hours per month, anything above 120 hours per month is negotiable.
4)Non-teaching Responsibilities
Lesson preparation, attendance of teachers� meetings, �school� organized extra-curricula activities (such as Christmas party, picnics, etc.) and paper work* are the teacher�s responsibility and not included within the minimum 100 working hours.
*All teachers are required to keep attendance and lesson plan summaries and fill in monthly reports which detail any problems with classes. The summaries are to be kept in your files and copies given to Jade whenever required. Please hand the monthly reports to the manager at the end of every month. Jade also requires teachers to fill out student assessments forms every four months for each student in their children�s classes.
In addition teachers are required to hand out and collect student payment envelopes each month and may be asked to deliver materials to branch schools in the course of their regular teaching duties.
5)Outside Employment Prohibited
Teaching for any other company, Juku, school, or individual is not permitted unless authorized by Jade Eikaiwa.
6)Salary & Bonus
(i)New teachers will be paid 1,000 yen hourly* during their initial training period until they take full responsibility for classes. In the case of additional training, during which they observe other teachers� classes or are supervised by more experienced teachers they will also be paid 1,000 yen hourly. Once training has been completed the remainder of the salary month will be paid at an hourly rate of 2,750 yen per hour.
Jade pays experienced teachers full salary for supervising and training new teachers. Usually new teachers are not experienced in the specifics of teaching Japanese students. Therefore, experienced teachers are required to be helpful and conscientious during the training period not only for the benefit of Jade�s business but also for the benefit of their newly arrived colleague.
(ii)Salary calculation for the remainder of the contracted year with the exception of August will be as follows.
For the minimum working hours of 100 hours per month, a base salary of 275,000 yen per month will be paid. Any additional teaching hours will be paid at the hourly rate of 3,000 yen. If in any one month combined holidays prevent the attaining of the 100 hour minimum the full base salary will still be paid. However, every effort to reschedule make-up classes to ensure the students receive their contracted monthly lesson hours must be made.
(iii)The exception being August (July 29th - August 31st) when salary will be calculated on a three week working month (75 hours per month) for a base salary of 206,250 yen, because Jade has a two-week summer holiday in August. Any additional teaching hours will be paid accordingly.
(iv)The final month�s salary will be calculated on an hourly rate of 2,750 yen per hour if less than 20 days have been worked.
(v)The salary payment will be monthly on the 10th of the following month or the next business day. An advance of salary may be made if deemed necessary.
(vi)End of Contract Bonus
At the �successful� completion of the one year contract a bonus of 150,000 yen will be paid. If employment is terminated in the middle of the contract, no bonus will be paid.
(vii)Taxation
All income including bonus is subject to the appropriate Japanese National income tax rates (about 5%) and a separate City and Prefecture Tax (about 3%). When teachers leave Jade, we will show the detailed calculations of both taxes and a refund will be made if it is due.
(viii) In situations where teachers forget or miss classes, the lessons will be rescheduled at the students� convenience. However, if the class cannot be rescheduled and Jade looses income the lost teaching hours will be deducted from the teacher�s base salary.
7)Accommodation
(i)An apartment will be provided for the use of the teacher. The bond will be already paid and the apartment will be semi-furnished. * The rent, 55,000 yen, and utilities costs of the apartment will be paid by the teacher via salary deductions made by Jade.
* The contents of the apartment will include Futons, a refrigerator, a micro-wave, a kitchen table and chairs, a cupboard, cutlery and crockery, a rice cooker, a stove, pans , a kettle, a TV and video deck, a washing machine, a vacuum cleaner, an electric fan, and a kerosene heater. Air-conditioners are not regarded as apartment necessities. Some apartments may have them but their operation is not Jade�s responsibility. Any other items are regarded as personal effects and should be provided by the resident.
(ii)All furniture and any other items in the apartment which were there before the teacher arrived belong to Jade and are to remain in the apartment at all times.
(iii)When teachers complete their contracts, their apartments will be checked and if there is any obvious damage that has occurred during their tenancy (caused by either themselves or their guests), it must be repaired by the resident or the cost of repairs will be deducted from their salary. In situations where teachers or their guests cause damage to other apartments in their buildings the cost of the repairs will be deducted from the teacher�s next salary payment.
(iv) Apartments cannot be shared with people who are not Jade staff. Visitors may stay for up to two weeks and the teacher is always responsible for their behaviour and any damage they may cause.
(v) Should Jade�s rental agreement be cancelled due to difficulties caused by teachers, they will be asked to re-imburse Jade for the resulting loss of deposit money (3 month�s rent) and agent�s fees (1 month�s rent).
(vi) As most apartment buildings have a �No Pets� policy teachers will refrain from acquiring pets during their stay in Japan.
8)Holidays
Teachers are to teach four weeks a month. Should there be a shortfall of teaching days in any given month, days will be added from either the prior or following months. This will require statutory Japanese holidays to be worked, however extended holidays will be scheduled during the three traditional Japanese holiday periods and Niihama�s harvest festival.
April 26th to May 5th Golden Week
August 8th to 21st (two weeks) Obon (Summer) holiday
October 14th to 18th Niihama Festival
December 29th to January 3rd Shogatsu holiday
9)Travel Cost & Car Use
(i)Travel expenses to and from Japan and to and from Niihama (where Jade�s main office is located) are the teacher�s responsibility.
(ii)Work related travel within the Toyo area (which stretches from Imabari to Iyomishima) will be aided by the use of a car provided by Jade.
(iii)In the event of a car accident (even minor ones) immediately contact the manager and take the other person�s name, contact number and license plate details.
(iv)Whenever using a Jade vehicle, it is always the driver�s responsibility to obey Japanese road rules and any tickets / fines must be paid by the driver.
(v)Cars are available for private use (i.e. local area everyday use) but private use will be restricted if Jade requires the cars for use by other teachers or staff. Business use always has priority over private use.
(vi)Car use for round trips of more than 150 km (which is farther than Matsuyama or Takamatsu) requires Jade�s permission. The milage is checked regularly for maintenance purposes and if it is excessive, the driver will be asked to reimburse Jade for expenses.
(vii)Any costs and additional expenses (including accident repairs) incurred during private use will be the driver�s responsibility. Jade car insurance is good only when the car is used for business. If teachers wish, additional insurance to cover personal use can be arranged at the teacher�s expense.
(viii)A petrol allowance will be paid at the beginning of each month based on the milage covered going to and from outside classes. This allowance is calculated at 10 yen per kilometre. It does not cover commuting between apartments and a teacher�s base school.
10)Sickness
(i)In the event of mild illness Jade must be notified at the earliest so that students can be informed of class cancellation.
(ii)When the manager cannot inform the students of the cancellation because of the teacher�s delayed decision, Jade will require the teacher to go and teach the class in order to avoid unprofessional situations such as children being left unattended at the school or students left waiting unaware of events.
(iii)When teachers cancel their classes because of sickness, make-up classes will be scheduled. When it is impossible to fit all of the make-up classes into the teacher�s working week, the teacher will be asked to teach them on his/ her days off (either Saturday or Monday). For salary calculation, these hours will be treated as if they were ordinary working hours.
(iv) Serious illness or injury will be dealt with according to mutually agreeable terms.
11)Insurance
The full cost of Kokumin Kenko Hoken will be paid by Jade Eikaiwa. This medical insurance covers 70% of all costs with the remaining 30% paid by the insured party at the end of the hospital consultation or visit to the dental clinic.
12)Grounds for Dismissal
(i)Any breach of the contract conditions that cannot be resolved by discussion.
(ii)Conduct unbecoming of a teacher, namely behavior that causes embarrassment or material loss to Jade Eikaiwa, which includes too frequent no-shows.
(iii)Negligence of teaching duties.
(iv)Teaching of unauthorized classes outside of Jade Eikaiwa.
13)Cancellation of Contract
This contract can be canceled three months after the mutual agreement of both parties to terminate the said contract.
14)Emergency Situations
If in the event of the death of a close family member or similar situations compassionate leave would be granted or treated as grounds for the early termination of the contract, if so desired.
Signed on behalf of Jade Eikaiwa by:
_________________________________
_________________________________
and ______________________________( )
Dated ____________________________________. |
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canuck

Joined: 11 May 2003 Posts: 1921 Location: Japan
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Posted: Mon May 21, 2007 4:20 pm Post subject: |
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It's a sh*t job.
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2)Working Hours
The minimum working hours are 100 hours per month. This is to be worked either Monday to Friday or Tuesday to Saturday or an alternative arrangement mutually agreeable to both parties. Working hours are between 11AM to 11PM on any given day of the agreed working week. |
They probably mean actual contact/teaching hours. Add time for prep. By the sounds of it, also add time to travel. 11am to 11pm?
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13)Cancellation of Contract
This contract can be canceled three months after the mutual agreement of both parties to terminate the said contract. |
Japanese law says you are only required to give 2 weeks, not 3 months.
Pass on this job. You're far better off going with one of the big 4. |
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furiousmilksheikali

Joined: 31 Jul 2006 Posts: 1660 Location: In a coffee shop, splitting a 30,000 yen tab with Sekiguchi.
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Posted: Mon May 21, 2007 4:41 pm Post subject: |
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This seems suspicious:
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3)Additional Working Hours
In the event of increased student demand working hours will be extended to facilitate more classes. If additional working hours are available, teachers are required to teach up to a maximum of 120 hours per month, anything above 120 hours per month is negotiable. |
It suggests you will have no choice about whether you work 120 hours and what do they mean when they say above 120 hours is negotiable?
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4)Non-teaching Responsibilities
Lesson preparation, attendance of teachers� meetings, �school� organized extra-curricula activities (such as Christmas party, picnics, etc.) and paper work* are the teacher�s responsibility and not included within the minimum 100 working hours.
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In other words, if you haven't planned your lessons properly because you have too many classes to teach that we've given you then it is your fault not ours.
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5)Outside Employment Prohibited
Teaching for any other company, Juku, school, or individual is not permitted unless authorized by Jade Eikaiwa. |
Pretty standard among a lot of companies but I'm not sure if this stipulation is legal. |
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radish
Joined: 29 Mar 2007 Posts: 6
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Posted: Mon May 21, 2007 9:29 pm Post subject: |
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| Thank you both for your responses, both of you have excellent points. I'm still shopping around, and this was one of my options that pursued me most vigorously. |
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Glenski

Joined: 15 Jan 2003 Posts: 12844 Location: Hokkaido, JAPAN
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Posted: Mon May 21, 2007 9:49 pm Post subject: |
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Looks like a typical dispatch agency. Avoid them or negotiate better terms. The way they word things is carefully done to skirt the law.
Example: Overtime pay is 1.25 to 1.5 times regular pay. So, if you are truly getting paid 275,000 for 100 hours a month, that's 2750 yen/hour, and the bare minimum for OT should be more than 3000 yen/hour, HOWEVER they may claim overtime is something more than 40 hours per week, and you won't be getting that. |
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Quibby84

Joined: 10 Aug 2006 Posts: 643 Location: Japan
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Posted: Mon May 21, 2007 10:14 pm Post subject: |
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I looks like you will be working your butt off, but you make more than I do...much more....and if you worked those 20 overtime hours and got 3,000 yen for each hour...you will be loaded...
Looks better than my job....much better....but this job has flaws...imagine mine...lol |
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esglumac
Joined: 16 Jan 2007 Posts: 21 Location: United States
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Posted: Mon May 21, 2007 11:07 pm Post subject: |
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| i got that contract too and i was wondering, but it sounds ok to me. |
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