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This is the weakest contract I have ever seen Am I crazy
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hagwonnewbie



Joined: 09 Feb 2007
Location: Asia

PostPosted: Mon Feb 19, 2007 5:12 pm    Post subject: This is the weakest contract I have ever seen Am I crazy Reply with quote

This employment contract is made between

Dayelin Kids School


Hereafter referred to as the �School� and

Name of Instructor:

Nationality: Date of Birth:
Passport Number: Employment Status: Full-time


Hereafter referred as the �Instructor�.



TERMS AND CONDITIONS

1. The Responsibilities of the Instructor:

(1) The Instructor is to provide quality education of his/her specialized language by offering the students with his/her expertise and competence. In order to carry this out, the instructor must develop his/her effective teaching methods under the guidance of the Director, manage the students assigned to his/her course of instruction, and make the utmost efforts to maintain positive rapport between School and the students.
(2) The Instructor is to follow School�s decision on the number of hours to teach per month, class schedule, classrooms, and the course of instruction. The Instructor is also required to attend various meetings, seminars, and other events scheduled by School.
(3) The Instructor is to be present at School before the scheduled class hours (working hours) to teach and prepare for language training materials related to the instruction. The instructor must be in his/her classroom 5 minutes before the class-hour.
(4) The Instructor is responsible for preparing teaching materials, using the syllabus and supplementary materials approved by School. In addition, the Instructor is to participate in the activities directly related to teaching such as picnics, field trips and level testing as scheduled by the school.
(5) The Instructor is responsible for grading and evaluation of students at the end of each term.

2. Place of Employment:

The Instructor will work for the School at the following address:
Dayelin Kids School

3. The period of Employment and Limitation:

Pending the issuance of and E-2 visa from Korean Immigration, the Instructor will work for the School for a period not exceeding one year in accordance with the E2 visa.

(1) The period of employment under this contract is from in the Republic of Korea.
(2) The Instructor shall not teach at any other language institute, or be engaged in any other form of employment except with a) written approval from the Korean Immigration and b) approval from School. When the Instructor is found to be in violation, School may terminate this contract with the Instructor regardless of the period of employment stated above.





4. Assigned Course and Salary:
(1) Assigned Course: English
(2) Monthly Salary:
(3) Number of Class-hours: 30 teaching hours per week
(4) The School guarantees the Instructor the monthly salary as stated above, and the Instructor agrees to be available to teach all class hours offered by School. If the Instructor cannot teach the required class hours due to his/her unavailability, the monthly salary guarantee will not apply, and it may be cause for termination of the contract.
(5) Overtime over and above the required 30hours per week will be paid at 20,000 won per hour. Only teaching hours in excess of 30 hours per week and only those approved by the Academic Supervisor / Director are considered as overtime. School won�t pay overtime if there is/are national holiday(s) and vacation in overtime month. Overtime will not include workshops, teachers training sessions or any other events scheduled by the School as stated in Article 1 (2).

5. The Payment of Salary:
The initial pay scale of the Instructor is decided by School on the basis of the Instructor�s educational background and experience.
(1) The Instructor is paid on the 10th of each and every month without delay. When the payday coincides with a national holiday, the payment will be made on the first working day after the 10th.
(2) If the Instructor leaves the School and is subsequently rehired at a later date, the Instructor will be able to retain his/her pay-scale grade at the time of leaving if he/she had taught full-time at School for a minimum of 12 consecutive months.
(3) Income taxes will be deducted in accordance with Korean Tax Laws.
(4) If the Instructor is absent from his/her class without a notice, 1.5 times of the class hour payment is deducted.



6. Severance Pay

Upon completion of this contract, the Instructor will receive one month�s salary as a severance pay, calculated in accordance with Korean Labor Laws.

7. Orientation and Training:

Shortly after arrival in Korea, Instructor will be required to undertake orientation and training before commencing to teach. The period of training and orientation will usually be two to four days.

8. Transportation:

(1) One-way trip economy air fare(700,000) is provided with at the end of one-year contract and air fare to Korea is provided by school.
(2) If the Instructor leaves the School before his/her contract period ends, the School will not pay for his/her ticket.
(3) If the Instructor leaves the school prior to completing twelve (12) months period of this contract for any reason, the Instructor must reimburse the School the cost of the ticket paid by the School or the School may deduct the equivalent amount from the Instructor�s last month�s pay.

9. Health Insurance:

The Instructor will be automatically subscribed to regional or national Health Insurance, and be bound by the domestic Medical Insurance Laws. The cost of this coverage will be borne half by School and half by the Instructor. Instructor�s share of this coverage will be deducted from Instructor�s salary, monthly.

10. Housing
The School will provide basic furnishings, and the Instructor is responsible for payment of monthly utilities.


(1) The Instructor may choose one of the two options as stated below:
The School provides a shared housing, or a single accommodation.
(2) Instructor is responsible for all maintenance, utility and telephone charges for accommodation provided by employer. In the case that an Instructor is the sole occupant of a double occupancy accommodation, provided by school, he/she will be responsible for all the above mentioned expenses.
(3) Until the school gets a single apartment for the instructor, he will get \300,000 housing allowance.

11. Termination of the Contract:

(1) The School does not notify the Instructor of a renewal of the contract two months prior to the end of the employment period as stated in 3(1), this contract is automatically terminated when the contract period ends.
(2) The Instructor notifies the School in writing to terminate the contract before the contract period ends with such intention two months prior to the date of termination.
(3) The Instructor cannot fulfill the terms and conditions of the contract due to his/her own personal reasons.
(4) The Instructor is absent from classes three or more times or late for class five or more times, without a prior notice. Such absence or tardiness may be cause for early termination of the contract.
(5) When the contract is terminated due to the conditions described in items (2), (3), and (4), School reserves the right to terminate the contract and to take necessary legal action for any damages incurred due to early termination of the contract. In addition, School is not responsible for severance pay. If the Instructor is a foreign citizenship holder, School will notify the Ministry of Justice the termination of employment and the sponsorship for the working visa.
(6) School reserves the right to revoke this contract if the Instructor is found to revoke this contract if the Instructor is found to be in breach of the contract.
(7) The School notifies the Instructor in writing to terminate the contract before the contract period ends with nonfulfillment of Instructor�s duties and instructions (Appendix) immediately.

12. Sick Leaves

Instructor is entitled to 2 paid sick days. Instructor will submit doctor�s letter or prescription to School. If instructor doesn�t do this, School will deduct payment. Unused sick leave can not be taken as vacation days.

13. Handing Policy of No-Class Due To the Instructor�s Absence

When the Instructor misses his/her classes because of unexpected illness, accidents, or other unavoidable reasons during the period of contract, he/she must notify School in writing within 2 days. A missed class without a proper notification will be considered as an absence. The Article 5 (5) and the Article 11 (4) will be applied in this case.

14. Holidays and Vacation

The Instructor will receive 2-week (10 working days) paid vacation a year and all national holidays are observed and paid. All Korean national holidays and those days designated by School are construed as non-working days.

15. Visa

The School will provide all the necessary documents and sponsorship to obtain a proper working visa issuance paper for the Instructor with a foreign citizenship. The school will provide \300,000 for an airfare ticket. The Instructor is responsible for obtaining the visa prior to the beginning of contract period. The day and city that instructor will go to get visa should be designated by school.



16. The Appendix and the Compliance Responsibility

The Instructor must comply with the instructions and duties in the Appendix, which is an adjunct to this contract. The Instructor should make every effort to improve his/her teaching skills in language training and maintain a standard of Korean school teachers. In the event the Instructor damages the reputation of the School because of a gross misconduct or any violation of Korean Laws, he/she will be deprived of the qualification of an Instructor. Any misconduct or violation of Korean Laws shall be grounds for early termination of this contract.

17. The Validity of the Contract

Both School and the Instructor have read and understood all the terms and conditions of this contract which binds upon all parties. This contract has priority to Korean Labor Law. School and the Instructor have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, School and the Instructor have appended their signatures.

Director Instructor
Dayelin Kids School


Date Date
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Zolt



Joined: 18 May 2006

PostPosted: Mon Feb 19, 2007 5:14 pm    Post subject: Reply with quote

Well what do you expect from a kiddy kindie?
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hubba bubba



Joined: 24 Oct 2006

PostPosted: Mon Feb 19, 2007 5:16 pm    Post subject: Reply with quote

And they wonder why there are a shortage of teachers here.

Here's the standard contract for next year:

You will be my be-yatch.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Mon Feb 19, 2007 7:49 pm    Post subject: Re: This is the weakest contract I have ever seen Am I crazy Reply with quote

hagwonnewbie wrote:
This employment contract is made between

Dayelin Kids School


Hereafter referred to as the �School� and

Name of Instructor:

Nationality: Date of Birth:
Passport Number: Employment Status: Full-time


Hereafter referred as the �Instructor�.



TERMS AND CONDITIONS

1. The Responsibilities of the Instructor:

(1) The Instructor is to provide quality education of his/her specialized language by offering the students with his/her expertise and competence. In order to carry this out, the instructor must develop his/her effective teaching methods under the guidance of the Director, manage the students assigned to his/her course of instruction, and make the utmost efforts to maintain positive rapport between School and the students.
(2) The Instructor is to follow School�s decision on the number of hours to teach per month, class schedule, classrooms, and the course of instruction. The Instructor is also required to attend various meetings, seminars, and other events scheduled by School.
(3) The Instructor is to be present at School before the scheduled class hours (working hours) to teach and prepare for language training materials related to the instruction. The instructor must be in his/her classroom 5 minutes before the class-hour.
(4) The Instructor is responsible for preparing teaching materials, using the syllabus and supplementary materials approved by School. In addition, the Instructor is to participate in the activities directly related to teaching such as picnics, field trips and level testing as scheduled by the school.
(5) The Instructor is responsible for grading and evaluation of students at the end of each term.

2. Place of Employment:

The Instructor will work for the School at the following address:
Dayelin Kids School

3. The period of Employment and Limitation:

Pending the issuance of and E-2 visa from Korean Immigration, the Instructor will work for the School for a period not exceeding one year in accordance with the E2 visa.

(1) The period of employment under this contract is from in the Republic of Korea.
(2) The Instructor shall not teach at any other language institute, or be engaged in any other form of employment except with a) written approval from the Korean Immigration and b) approval from School. When the Instructor is found to be in violation, School may terminate this contract with the Instructor regardless of the period of employment stated above.





4. Assigned Course and Salary:
(1) Assigned Course: English
(2) Monthly Salary:
(3) Number of Class-hours: 30 teaching hours per week
(4) The School guarantees the Instructor the monthly salary as stated above, and the Instructor agrees to be available to teach all class hours offered by School. If the Instructor cannot teach the required class hours due to his/her unavailability, the monthly salary guarantee will not apply, and it may be cause for termination of the contract.
(5) Overtime over and above the required 30hours per week will be paid at 20,000 won per hour. Only teaching hours in excess of 30 hours per week and only those approved by the Academic Supervisor / Director are considered as overtime. School won�t pay overtime if there is/are national holiday(s) and vacation in overtime month. Overtime will not include workshops, teachers training sessions or any other events scheduled by the School as stated in Article 1 (2).

5. The Payment of Salary:
The initial pay scale of the Instructor is decided by School on the basis of the Instructor�s educational background and experience.
(1) The Instructor is paid on the 10th of each and every month without delay. When the payday coincides with a national holiday, the payment will be made on the first working day after the 10th.
(2) If the Instructor leaves the School and is subsequently rehired at a later date, the Instructor will be able to retain his/her pay-scale grade at the time of leaving if he/she had taught full-time at School for a minimum of 12 consecutive months.
(3) Income taxes will be deducted in accordance with Korean Tax Laws.
(4) If the Instructor is absent from his/her class without a notice, 1.5 times of the class hour payment is deducted.



6. Severance Pay

Upon completion of this contract, the Instructor will receive one month�s salary as a severance pay, calculated in accordance with Korean Labor Laws.

7. Orientation and Training:

Shortly after arrival in Korea, Instructor will be required to undertake orientation and training before commencing to teach. The period of training and orientation will usually be two to four days.

8. Transportation:

(1) One-way trip economy air fare(700,000) is provided with at the end of one-year contract and air fare to Korea is provided by school.
(2) If the Instructor leaves the School before his/her contract period ends, the School will not pay for his/her ticket.
(3) If the Instructor leaves the school prior to completing twelve (12) months period of this contract for any reason, the Instructor must reimburse the School the cost of the ticket paid by the School or the School may deduct the equivalent amount from the Instructor�s last month�s pay.

9. Health Insurance:

The Instructor will be automatically subscribed to regional or national Health Insurance, and be bound by the domestic Medical Insurance Laws. The cost of this coverage will be borne half by School and half by the Instructor. Instructor�s share of this coverage will be deducted from Instructor�s salary, monthly.

10. Housing
The School will provide basic furnishings, and the Instructor is responsible for payment of monthly utilities.


(1) The Instructor may choose one of the two options as stated below:
The School provides a shared housing, or a single accommodation.
(2) Instructor is responsible for all maintenance, utility and telephone charges for accommodation provided by employer. In the case that an Instructor is the sole occupant of a double occupancy accommodation, provided by school, he/she will be responsible for all the above mentioned expenses.
(3) Until the school gets a single apartment for the instructor, he will get \300,000 housing allowance.

11. Termination of the Contract:

(1) The School does not notify the Instructor of a renewal of the contract two months prior to the end of the employment period as stated in 3(1), this contract is automatically terminated when the contract period ends.
(2) The Instructor notifies the School in writing to terminate the contract before the contract period ends with such intention two months prior to the date of termination.
(3) The Instructor cannot fulfill the terms and conditions of the contract due to his/her own personal reasons.
(4) The Instructor is absent from classes three or more times or late for class five or more times, without a prior notice. Such absence or tardiness may be cause for early termination of the contract.
(5) When the contract is terminated due to the conditions described in items (2), (3), and (4), School reserves the right to terminate the contract and to take necessary legal action for any damages incurred due to early termination of the contract. In addition, School is not responsible for severance pay. If the Instructor is a foreign citizenship holder, School will notify the Ministry of Justice the termination of employment and the sponsorship for the working visa.
(6) School reserves the right to revoke this contract if the Instructor is found to revoke this contract if the Instructor is found to be in breach of the contract.
(7) The School notifies the Instructor in writing to terminate the contract before the contract period ends with nonfulfillment of Instructor�s duties and instructions (Appendix) immediately.

12. Sick Leaves

Instructor is entitled to 2 paid sick days. Instructor will submit doctor�s letter or prescription to School. If instructor doesn�t do this, School will deduct payment. Unused sick leave can not be taken as vacation days.

13. Handing Policy of No-Class Due To the Instructor�s Absence

When the Instructor misses his/her classes because of unexpected illness, accidents, or other unavoidable reasons during the period of contract, he/she must notify School in writing within 2 days. A missed class without a proper notification will be considered as an absence. The Article 5 (5) and the Article 11 (4) will be applied in this case.

14. Holidays and Vacation

The Instructor will receive 2-week (10 working days) paid vacation a year and all national holidays are observed and paid. All Korean national holidays and those days designated by School are construed as non-working days.

15. Visa

The School will provide all the necessary documents and sponsorship to obtain a proper working visa issuance paper for the Instructor with a foreign citizenship. The school will provide \300,000 for an airfare ticket. The Instructor is responsible for obtaining the visa prior to the beginning of contract period. The day and city that instructor will go to get visa should be designated by school.



16. The Appendix and the Compliance Responsibility

The Instructor must comply with the instructions and duties in the Appendix, which is an adjunct to this contract. The Instructor should make every effort to improve his/her teaching skills in language training and maintain a standard of Korean school teachers. In the event the Instructor damages the reputation of the School because of a gross misconduct or any violation of Korean Laws, he/she will be deprived of the qualification of an Instructor. Any misconduct or violation of Korean Laws shall be grounds for early termination of this contract.

17. The Validity of the Contract

Both School and the Instructor have read and understood all the terms and conditions of this contract which binds upon all parties. This contract has priority to Korean Labor Law. School and the Instructor have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, School and the Instructor have appended their signatures.

Director Instructor
Dayelin Kids School


Date Date



Holy slave work Batman!

Let's look at the negatives here

1(5) Massive overtime here...depending on the number of students. You WILL NOT have time to do this during regular class hours.


4(5) No overtime if there is a holiday? So you could work 40 hours a week for three weeks and still not get paid over time if there are say 2 holidays in the month? Sounds like a cheap way to get intensives out of you for no extra pay.

5(1) Payday should be no later than the 5th

5(4) 1.5 times your salary deducted? NO WAY. Penalty deduction are illegal.


8(1) 700,000 won is not enough

8(3) It should be six months NOT 12

10(3) Do not accept this. They should provide you with housing.

12. TWO sick days?


Forget this contract.
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chachee99



Joined: 20 Oct 2004
Location: Seoul Korea

PostPosted: Mon Feb 19, 2007 8:08 pm    Post subject: Reply with quote

This contract is crap. This school better target newbies who have not any homework before deciding to teach in Korea.
Handing a contract like this to an experienced teacher is a slap in the face!
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ella



Joined: 17 Apr 2006

PostPosted: Mon Feb 19, 2007 10:26 pm    Post subject: Reply with quote

Just out of curiosity, has anyone ever posted a contract and the responses were, "Yeah, that looks good, take that job?"
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willneverteachagain



Joined: 17 Dec 2006

PostPosted: Mon Feb 19, 2007 10:43 pm    Post subject: Reply with quote

yes that has happend
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ella



Joined: 17 Apr 2006

PostPosted: Mon Feb 19, 2007 11:19 pm    Post subject: Reply with quote

And it was an actual contract? Link, please? I'd like to read it.
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spliff



Joined: 19 Jan 2004
Location: Khon Kaen, Thailand

PostPosted: Mon Feb 19, 2007 11:25 pm    Post subject: Reply with quote

If you don't like the terms then don't accept it, simple as that. Personally, I would not be interested in a Kindie position w/ that contract.
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Bramble



Joined: 26 Jan 2007
Location: National treasures need homes

PostPosted: Mon Feb 19, 2007 11:43 pm    Post subject: Reply with quote

Well, 5(4) and 4(5) are just ridiculous, and there are plenty of employers who offer single housing. (I think!)

It sounds terrible and I'd keep looking.
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ChopChaeJoe



Joined: 05 Mar 2006
Location: Seoul

PostPosted: Tue Feb 20, 2007 12:20 am    Post subject: Reply with quote

I wonder if contracts really matter much. once you've had to brak out the contract it means there is already a problem.

It's all about the working conditions of the school and he salary, not the quality of the contract. My salary isn't very high and my contract isn't much better than this one, but i have almost unlimitted freedom in the classroom and small classes. i also get to place the students and if there are problems with how i treat a student, the director doesn't complain if they quit, since the vast majority are satisfied or happy.
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Sod_em_and_begorrah



Joined: 20 Nov 2006

PostPosted: Tue Feb 20, 2007 12:51 am    Post subject: Reply with quote

700,000 Won for a ticket to where exactly?

An absolute joke of a contract.
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hellofaniceguy



Joined: 10 Jan 2003
Location: On your computer screen!

PostPosted: Tue Feb 20, 2007 12:56 am    Post subject: Reply with quote

Someone who is desperate, has half a brain and has nothing going for themselves, will sign on at this school.
This is a bad contract.
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kusikusi



Joined: 02 Jun 2006

PostPosted: Tue Feb 20, 2007 2:09 am    Post subject: Reply with quote

Could anyone out there post an example of a good, or at least reasonable contract to compare? That would be really helpful.
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eamo



Joined: 08 Mar 2003
Location: Shepherd's Bush, 1964.

PostPosted: Tue Feb 20, 2007 2:17 am    Post subject: Reply with quote

kusikusi wrote:
Could anyone out there post an example of a good, or at least reasonable contract to compare? That would be really helpful.


You'll have to stipulate whether you mean a contract at a hagwon, public school, or uni. They all have very different criteria to judge on.
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