Korean Job Discussion Forums

cmr · Joined: 22 Mar 2006

I just learned today that my school wants me to sign again with them, this time using the same contract that probably most of the foreigners get in elementary schools in Gyeonggi province.

I just finished (well, I'm about to) a 6-month contract with them and for the purpose of having a shorter contract we had modified the original one from Geyonggi-do into someting quite different and much better regarding the hours (never had to stay at school after classes) but with a slightly lower salary (nothing's perfect!).

Now that they want me to sign the original contract from Gyeonggi province, I remember reading complaints that some things in it don't really make sense and may be illegal.
Anyone knows for a fact (not a guess or a personal opinion) what is illegal in those contracts?

Hater Depot · Joined: 29 Mar 2005

I can't recall anything. It does say they can assign you to other workplaces, which isn't legal unless they do the paperwork.

Anyway, they can't make you sign another contract. A few Gyeonggi schools still think that's kosher but it ain't.

gsxr750r · Joined: 29 Jan 2007

I think the OP is just finishing the contract, and is being asked to renew under different conditions.

I'd say be wary of the vacation situation. Some schools really stick to it, and you'll be sitting in an empty school for days without anything to do. Or they will spring a camp on you at the last moment just to keep you busy.

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

cmr · Joined: 22 Mar 2006

I finally got my contract yesterday and after a phone call to Korean Labor Law, it turns out that in fact there is some illegal stuff in the contract.

Article 18 (Indemnity) about having to pay for a safety deposit is illegal. I thought at first that it was rather stupid since I have my own accomodation, but it's not only stupid it's also illegal. I'm not making this up; that's what the people at Korean Labor Law said.

There is more bugging me with the contract, but it's more because of my old stubborn irrational, illogical principal than the contract itself. If she didn't try to modify the contract to suit her needs, I'd probably sign right away... as long as they got rid of the illegal clause. However, my old stubborn irrational, illogical principal (I'm a bit frustrated but trying to stay "polite" anyway) thinks that it's ok to make a contract for 24 regular teaching hours instead of 22 and without even giving the proper salary that I should get for 22 hours.

zappadelta · Joined: 31 Aug 2004

LiquidSunshine · Joined: 31 Mar 2003

as far as i know it's 1 overtime hour = 1 hour of vacation
and 8 overtime hours = one day of vacation

that's what's in my contract. last year it was 1 overtime hour=2 hours of vacation and 8 overtime hours=one day of vacation

ttompatz · Joined: 05 Sep 2005 Location: Kwangju, South Korea

spliff · Joined: 19 Jan 2004 Location: Khon Kaen, Thailand

I've said it before and I'll say it again...TTompazt's word is DOWN!

LiquidSunshine · Joined: 31 Mar 2003

luvnpeas · Posted: Fri Feb 09, 2007 1:04 am Post subject:

DCJames · Joined: 27 Jul 2006

Hahaha!

Thinking that something is "illegal" and could be held accountable under the Korean law system is laughable Laughing

The Korean legal system is based on what you can get away with. Sadly, most westerners don't realize that they've been burned since they landed at the airport of this country.

xCustomx · Joined: 06 Jan 2006

Be careful with Article 18 before you sign it. There is a small typo, but one that could cause a lot of problems if someone really wanted to exploit it. Here it is:

제18조(손해배상)
1.본 계약의 이행과정에서 피고용자의 주의태만, 과실, 위법행위 또는 이와 관련하여 발생될 수 있는 손해 배상을 피고용자에게 요구하기 위하여 사전에 일정 금액을 고용자는 피고용자로부터 담보한다. 최초급료부터 매월 300,000원씩 3개월 간 총 900,000만원을 공제한다. 이 900,000원의 공제는 피고용자가 주택을 구한 경우나, 결혼한 부부가 경기도교육청 산하 학교에 모두 고용된 경우에도 각자에게 별도로 공제한다.

After 900,000, you can see 만원. Make sure to remove that 만 or you'll possibly be paying $9,000,000 , even though 300,000 x 3 months only equals 900,000

Also, what can be done about removing the 900,000 deposit if you do have your own housing? How can they legaly hold that money? What damages would you cause? Throwing a computer out the window at school? Breaking office supplies? This doesn't seem very reasonable

LiquidSunshine · Joined: 31 Mar 2003

about the 900. i have my own housing and i still had to pay. something about insurance for school equipment. yes, in case i go hit a wall or steal a computer or something, i guess. but this idea came from the gyeonggi accounting department not gepik. it's another case of the left hand not talking to the right hand.

cmr · Joined: 22 Mar 2006