|
Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
|
| View previous topic :: View next topic |
| Author |
Message |
Mary-Jane
Joined: 22 Mar 2006
|
 Posted: Tue Feb 27, 2007 7:05 am Post subject: How should I negotiate a contract? |
 |
|
Hi all, heading to Korea in a couple of days to see a school that wants to employ me. Pretty excited, however! I thought the contract sounded okay but after reading a couple of the contract reviews posted here, I'm now unsure of a couple of points and would like them changed. Can anyone advise me on how to bring up these points with my prospective boss, or, share their experience in getting contract clauses changed successfully? I'm going to be polite and respectful, but what if he won't budge, what should I say? I can say that I've researched / seen examples of standard contracts and don't think these points should be in here etc, but this sounds a little silly, he knows I'm a complete newbie teacher.
I wish now I'd emailed him the contract with changes included, but it seemed silly to do so when I'm just about to meet him face to face!
And one other question- the contract stipulates I have to spend at least one hour at the institute doing a range of general tasks that could include lesson planning, marking, keeping an eye on the kids, improving the English of other teachers (riiiight... I hope this would just mean generally chatting with them). This is an unpaid hour. Is this reasonable or should I ask for it to be paid? I know I would end up doing marking and lesson planning anyway in my free time, after all... but shouldn't I be paid for all my working time at the institute? |
|
| Back to top |
|
 |
alabamaman
Joined: 25 Apr 2006
|
| Posted: Tue Feb 27, 2007 8:34 am Post subject: Re: How should I negotiate a contract? |
|
|
| Mary-Jane wrote: |
Hi all, heading to Korea in a couple of days to see a school that wants to employ me. Pretty excited, however! I thought the contract sounded okay but after reading a couple of the contract reviews posted here, I'm now unsure of a couple of points and would like them changed. Can anyone advise me on how to bring up these points with my prospective boss, or, share their experience in getting contract clauses changed successfully? I'm going to be polite and respectful, but what if he won't budge, what should I say? I can say that I've researched / seen examples of standard contracts and don't think these points should be in here etc, but this sounds a little silly, he knows I'm a complete newbie teacher.
I wish now I'd emailed him the contract with changes included, but it seemed silly to do so when I'm just about to meet him face to face!
the main points iAnd one other question- the contract stipulates I have to spend at least one hour at the institute doing a range of general tasks that could include lesson planning, marking, keeping an eye on the kids, improving the English of other teachers (riiiight... I hope this would just mean generally chatting with them). This is an unpaid hour. Is this reasonable or should I ask for it to be paid? I know I would end up doing marking and lesson planning anyway in my free time, after all... but shouldn't I be paid for all my working time at the institute? |
Well, I would stick with the main points in a labor contract:
Wages
Paydate:
Accept no less than 2,000,000 Korean Won per month that should be paid no later than the 5th of the month. There should be a clause for a payslip:
"The employer shall provide the instructor an accurate summary (pay receipt) each month on payday clearly stating the nature and amount of all deductions, taxes, and salary. Pay receipts shall bear the name, address and phone number of the employer and shall be established as an official record of pay received and deductions withheld."
Severance:
Severance is calculated as the average of the last three (3) working months salary including overtime wages. Load up on overtime. Only income taxes may be deducted from severance pay.
Overtime:
Article 55 (Extended Work, Night Work and Holiday Work)
An employer shall pay additional remuneration of more than fifty percentage points of normal remuneration for extended works (extended works as set forth in the provisions of Articles 52 and 58, and the proviso of Article 67) and night works (works provided from 10 p.m. to 6 a.m.), Sunday or public holiday works.
You would multiply your hourly wages by 1.5 for hours worked on Sunday, from 10 p.m. to 6 a.m., public holidays, and hours worked on extended worked. So, your employer would be required to pay you accordingly. Overtime in general is 1.5 x hourly wages. Since your meeting with him face to face, I would ask beyound 23,500 Korean Won per hour.
Medical Insurance:
Your required to be enrolled into the National Healthcare Insurance Plan: It's mandatory as of Jan 1,2006 regardless of what your employer says. Is there contractual language specifying when your employer will provide you with a medical insurance booklet? No later than thirty (30) calendar days seems fair.
Taxes:
2,000,000 Korean Won per month: 28,950 KRW = 1.45%
2,100,000 Korean Won per month: 33,430 KRW = 1.59%
The (%) for deduction isn't 3% as your employer might claim!
Pension Fund:
Your employer should pay 4.5% of the Korean Pension Plan, and deduct 4.5% from your monthly salary to be paid to the appropriate agency.
Working hours:
There should be defined working hours as to when your workday will begin and end.
Hours worked per month: 120 is norm for a majority of labor contracts whereas 30 hours per week is the norm.
There is usually preparation time prior to the first class worked that is unpaid. The luckiest you'll get is that it's included in your monthly salary, and I wouldn't push that issue.
Is there contractual language that specifies what a working hour is? "A working hour shall consist of classes _____ minutes in length and _____ minute preparation periods between classes."
Alien Registration Card
The employer agrees to provide the instructor with an Alien Registration Card issued to the instructor by Korean Immigration Officials within thirty (30) calendar days of the instructor's entry into Korea no later than _____/_____/_____.
Paid Sick Leave
No less than three (3)
Airfare
Roundtrip airfare. If you resign before 6 full months of employment have been worked, then you should reimburse your employer for the cost of the ticket from the "point of hire" (your residence) to Korea. If you resign after 6 full months of employment have been worked, then you should reimburse your employer the cost of the airfare from Korea to the "point of hire." If you do that, then the ticket is yours! So, keep that in mind. I wouldn't settle for reimbursements in the event your dismissed. To many crooked hagwon employers have dismissed employees for the sole purpose of denying the employee airfare.
Resignation
A "Letter of Resignation" 30 days to your employer prior to resigning from the place of employment is more than sufficient. Dont accept any contractual language stating you've to state the reason why you're resigning. If your hagwon owner is a deduction pocketing crook of the highest order, then you would want to write that reason.
Dismissal
Your employer should give a letter of dismissal 30 days prior to dismissal from the place of employment. You should get this in writing.
Housing
You should get a single furnished apartment within 5 - 10 minutes walking distance of your place of employment.
There should be contractual language that clearly defines what your employer will furnish your apartment with. Don't forget the air-conditioner.
Utilities: The bills should be submitted to you by the employer so you can pay them at your bank in a timely fashion.
Last edited by alabamaman on Tue Feb 27, 2007 9:18 am; edited 2 times in total |
|
| Back to top |
|
|
chachee99
Joined: 20 Oct 2004
Location: Seoul Korea
|
| Posted: Tue Feb 27, 2007 8:50 am Post subject: Re: How should I negotiate a contract? |
|
|
| Mary-Jane wrote: |
I wish now I'd emailed him the contract with changes included, but it seemed silly to do so when I'm just about to meet him face to face!
And one other question- the contract stipulates I have to spend at least one hour at the institute doing a range of general tasks that could include lesson planning, marking, keeping an eye on the kids, improving the English of other teachers (riiiight... I hope this would just mean generally chatting with them). This is an unpaid hour. Is this reasonable or should I ask for it to be paid? I know I would end up doing marking and lesson planning anyway in my free time, after all... but shouldn't I be paid for all my working time at the institute? |
If you are doing something at the school for the school then in my opinion you should be PAID by the school! |
|
| Back to top |
|
|
Mary-Jane
Joined: 22 Mar 2006
|
| Posted: Wed Feb 28, 2007 1:31 am Post subject: |
|
|
| Cheers guys, I'm printing your replies and pm's out for reference! |
|
| Back to top |
|
|
Homer
Guest
|
| Posted: Wed Feb 28, 2007 4:00 am Post subject: |
|
|
Good post alabamaman..great basics there for a newbie or potential teacher.
chachee99 I agree that a teacher should be paid for what he/she is asked to do. However, every teaching job has tasks that are inherently included in the basic pay and not paid extra (yeah that is not so cool) and a teacher has to be ready to accept that to some extent. An hour a day of lesson planning can be something of that nature....it is (or should be) part of any teachers job to plan his/her lessons. If these extra duties become too heavy or seem to add too many hours then negociation comes into play.
I remember talking with colleagues back home when I was a full time HS teacher about grading and how it was not paid for even if all of us were grading papers and assignments at home after school hours. It was included in our pay as a teachers duty but not specified as a teachers paid duty...  |
|
| Back to top |
|
|
Big Mac
Joined: 17 Sep 2005
|
| Posted: Thu Mar 01, 2007 7:36 am Post subject: |
|
|
| They're actually flying you to Korea for an interview? I've never heard of this before. Usually they just interview you over the phone. |
|
| Back to top |
|
|
Corporal
Joined: 25 Jan 2003
|
| Posted: Thu Mar 01, 2007 8:14 am Post subject: |
|
|
| Big Mac wrote: |
| They're actually flying you to Korea for an interview? I've never heard of this before. Usually they just interview you over the phone. |
No doubt the school thinks the OP is definitely going to work for them, but the OP has some doubts about the contract which he or she is only now thinking about expressing to the school.
OP: don't worry about being silly and signing something that's crap, just to come back in a month and say how terrible it all is. |
|
| Back to top |
|
|
|
|
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
|
|
FAQ
Search
Memberlist
Usergroups
Register
Profile
Log in to check your private messages
Log in
