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Hogwan annoyances....
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Ced



Joined: 27 Feb 2007
Location: Korea

PostPosted: Wed May 02, 2007 5:57 am    Post subject: Hogwan annoyances.... Reply with quote

Everything has been going smoothly up until now, I'm approaching 4 months so maybe the honeymoon period is over.
Today the other foreign teacher informed me that he had been told, "we are working on Saturday running activities for the kindergarten kids."

No one has told me this, as per usual, and that teacher is the newbie who doesn't have the best grasp of English. Wh ywould I want to come to work on a Saturday for a crappy 18,000 an hour overtime? And without any real notice.

I've also been reading over my contract and can't find anywhere in there about me having to be at work at 9am or doing chores like vaccuming at the end of the week.
I'm feeling a little overworked, and a lot of other people's hogwan jobs sound like absolute dreams.

I know there's a contract posting thread stickied, but I thought this deserved it's own topic.

I'll post the contract in a reply below.
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Ced



Joined: 27 Feb 2007
Location: Korea

PostPosted: Wed May 02, 2007 6:03 am    Post subject: Reply with quote

I. EMPLOYMENT OF EMPLOYEE
Employee hereby employs employee to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement.

II. PLACE OF EMPLOYMENT
1. Employee will be employed to teach the English Language at ******, Korea (Hereinafter referred to as �place of employment�)

III. DUITES OF EMPLOYEE
During the term of this agreement, employee will accept, obey and strictly comply with the instruction, supervision, and discipline of the place of employment Institute manger. These duties will include administrative duties related to the employee�s classroom duties, attendance at scheduled staff meetings and workshops, and any other duties that are assigned by their Institute Manger.
During the term of this agreement, the employee will be required to perform work assigned him/her by their Institute Manager for 30 hours per week
In addition to the aforesaid thirty hours of classroom assignments each week, the Institute Manager may have the authority to require employee to perform any classroom duties in excess of 30 hours per week (hereinafter referred to as "overtime"). Only classroom contact hours in excess of 30 hours per week and approved by the Institute Manager are considered overtime, at a rate of 18,000 WON per hour. Attendance at scheduled staff meetings and workshops is not considered over-time, nor is oral testing during the first and last weeks of every session. Employee will not receive any compensation for attendance at meetings, workshops or oral testing. In additionally, employee has to stay school from the first class till last class. At the beginning of contract term employer will announce approximate time of stay hours.

Employee understands and agrees that at all times during the term of this agreement, employee will strictly adhere to and obey all laws, regulations, provisions, instructions and guidance from the Government of Korea or any local government or officials thereof.

Employee shall not partake in any activities that may damage the reputation of ****** including making sexual advances towards, or enter into relationships with students or employees of ****** Violations of this amendment will be grounds for immediate dismissal.


Ⅳ. COMPENSATION AND OTHER MONETARY AGREEMENTS
SALARY

Employer will pay employees as compensation for all services rendered, the total aggregate monthly salary of ( 2,100,000 )WON approximately for each month of the contract period with employer. Payment for part of a month of employment (at commencement and termination) will be calculated on the number of times worked. Payment of the aforesaid salary will be made in won on the 10th of every month. Korean income taxes of approximately 5% will be withheld. All salary payments will be accompanied by an itemized list of salary deductions.

PAID VACATION DAYS
Employee will receive ten (10)days, during the contract year. Employee follows academy�s schedule as school holiday which are five (5) days in summer and five (5) days in winter.

PAID SICK LEAVE
Employee will be paid at the normal salary rate for absence from duties due to illness or accident (sick leave). Absence with pay is limited to two(2) days for the full contract period. Salary will not be paid for absences in excess of the four-day allowance. Unused sick leave may not be taken as vacation leave, and is not compensated by money equivalent at the expiration of the contract period. But, in case, employee skip the class without any permission by employer before 24 hours, the monthly payment will be deducted by the rate of KW 18,000 per class.

EMPLOYER-SUPPLIED HOUSING ( X )Single ( )Sharing ( )Not provided
Employer will select and provide furnished living accommodations for employee. The accommodations may be in a studio, an apartment, a house, or an office-tel. Depending on availability, employee may live alone, or share living quarters with two or more people. Shared living space will include a private bedroom per employee, and kitchen and bath space will be shared. Selection of living accommodations will be made by employer. The cost of monthly services, utilities, and telephone charges are the sole responsibility of the employee and /or all residents.

TRANSPORTATION
Employer agrees to provide Employee a one-way ticket to Korea. In the event that the Employee fails to complete the full contract term, the Employee agrees to reimburse the Employer the actual cost of the said airfare. After the one-year contract is completed, the Employer will provide the employee with a return ticket (not the money for the ticket price) to the original point of departure. If the employee renews the contract for another year then, the employer provide the ticket only once in the very last month of the contract.

HEALTH INSURANCE
Employee will be covered by medical benefits under the Korean Medical Union, a government health organization, the cost of this coverage shall be borne 50% coverage by employer.

V. DISMISSAL OR VOLUNTARY RESIGNATION
Employer will have the right to dismiss employee for clear and frequent neglect of duties under this agreement, including but not limited to unauthorized absences from the place of employment without approval of the Institute Manager, or for manifest inability to perform duties under this agreement. Criminal or other conduct inside or outside the place of employment that would, in the opinion of their Academic Director, Institute Manager, seriously endanger any student or staff person, or the reputation of employer, will be cause for immediate dismissal and no time for remedy will be allotted. In the event of a break of this agreement by employee, employee will compensate for the cost (KW 1,300,000) to finding a replacement teacher

VI. COVENANTS
Employee hereby agrees that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer without prior written approval from employer of the specific employment contemplated by employee. Failure to comply with this article is cause for immediate dismissal.

VII. MERGER CLAUSE
This agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof, and supersedes all previous negotiations, commitments, and writings with respect hereto. No modification of this agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties hereto. Furthermore, this contract nullifies and voids any previous contract between the two parties.

VIII. INDEMNIFICATION CLAUSE
Employee will indemnify and hold harmless employer from any damages which employee may sustain, in any manner, through the misconduct or negligence of employee.

Employee will indemnify and hold harmless employer and employer's representatives from any damages which employee may sustain, in any manner, through the refusal of the government of Korea to permit entry to the republic.

IX. WAIVER
The failure of either party hereto at any time to enforce the terms, provisions, or conditions of this agreement will not be construed as a waiver of the same or of the right of any party to enforce the same.

X. GOVERNING LANGUAGE
1. This agreement has been drawn up and has been executed in the English language, and the English language text of this agreement will govern and prevail over any translation thereof.

XI. GOVERNING LAW AND JURISDICTION
This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with this agreement. Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound hereto, and IN WITNESS WHEREOF, employer and employee have appended their signatures.

XII. PERIOD OF EMPLOYMENT
The period of employment under this contract is from to same date of next year beginning ending in the Republic of Korea. In the event the instructor's actual arrival on the job does not take place on the commencement date above, the contract period shall be one full year from the actual arrival date, less 2 days to prepare for departure.

XIII. SEVERANCE PAY CLAUSE
Employee will receive the severance pay at the expiration of the contract period. The repayment will be paid on the last pay day. The severance pay is equal to regular one month salary.
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wings



Joined: 09 Nov 2006

PostPosted: Wed May 02, 2007 6:43 am    Post subject: Reply with quote

are they taking 5% tax??? I think that is too much. Look into that.

Your contract doesn't say anything about what days you work, only the number of hours, and it seems to say that overtime is obligatory if your boss asks you. As for cleaning, your activities don't seem to be clearly defined either, and actually your contract says

Quote:
During the term of this agreement, employee will accept, obey and strictly comply with the instruction, supervision, and discipline of the place of employment Institute manger. These duties will include administrative duties related to the employee�s classroom duties, attendance at scheduled staff meetings and workshops, and any other duties that are assigned by their Institute Manger.



I'm no expert but I see a contract that says your boss can make you do anything they like for as long as they like. if you work more than 30 hours they will have to pay you over time, but you can't refuse to work.

I'm not sure what you should do in this situation, you might need to try to deal with it as nicely as possible since you seem to really have screwed yourself with this contract. However, it might be illegal to force workers to work overtime, I"m not sure. I hope you can work it.
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Ced



Joined: 27 Feb 2007
Location: Korea

PostPosted: Wed May 02, 2007 6:45 am    Post subject: Reply with quote

I was wondering about that wording. Bugger.

I have something else to do on Saturday that provides me with great monetary gain. I'm going to lie and pull a sicky if worst comes to worst
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ChopChaeJoe



Joined: 05 Mar 2006
Location: Seoul

PostPosted: Wed May 02, 2007 6:52 am    Post subject: Reply with quote

Doesn't look like you'll be getting overtime on saturday unless you do your running in a classroom. If it's just one weekend, don't make a fuss, but are you rally vacuumin for them???? I'd knock that off right away. Put your students to work doing it. If you don't stand up or yourself, no one will.
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Ced



Joined: 27 Feb 2007
Location: Korea

PostPosted: Wed May 02, 2007 6:57 am    Post subject: Reply with quote

Meh, I'm not doing wekend work. Kid's Day? pssh. The little twerps are spoilt rotten already, they don't need a holiday. They can get bent.

I'm really friendly with the Korean teachers who all do cleaning too, and none of the former foreign teachers have had a problem with it. I'm just envious I guess of the posters here who are "paid to teach". I don't like doing these extra activities, when I know that I only get paid for teaching time.
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BigBuds



Joined: 15 Sep 2005
Location: Changwon

PostPosted: Wed May 02, 2007 7:01 am    Post subject: Reply with quote

wings wrote:
are they taking 5% tax??? I think that is too much. Look into that.

Your contract doesn't say anything about what days you work, only the number of hours, and it seems to say that overtime is obligatory if your boss asks you. As for cleaning, your activities don't seem to be clearly defined either, and actually your contract says

Quote:
During the term of this agreement, employee will accept, obey and strictly comply with the instruction, supervision, and discipline of the place of employment Institute manger. These duties will include administrative duties related to the employee�s classroom duties, attendance at scheduled staff meetings and workshops, and any other duties that are assigned by their Institute Manger.



I'm no expert but I see a contract that says your boss can make you do anything they like for as long as they like. if you work more than 30 hours they will have to pay you over time, but you can't refuse to work.

I'm not sure what you should do in this situation, you might need to try to deal with it as nicely as possible since you seem to really have screwed yourself with this contract. However, it might be illegal to force workers to work overtime, I"m not sure. I hope you can work it.


Forced overtime is illegal under Korean labor laws
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Ced



Joined: 27 Feb 2007
Location: Korea

PostPosted: Wed May 02, 2007 7:04 am    Post subject: Reply with quote

BigBuds wrote:

Forced overtime is illegal under Korean labor laws


Sa-weet. I'm sleeping in on Saturday.
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babtangee



Joined: 18 Dec 2004
Location: OMG! Charlie has me surrounded!

PostPosted: Wed May 02, 2007 7:09 am    Post subject: Reply with quote

BigBuds wrote:


Forced overtime is illegal under Korean labor laws


But isn't overtime considered "after a 44 hour week"? I'm not sure; I could be wrong; just asking.

EDIT: Articles 49, 50 and 51. I'm too tired to figure it out:

http://www.ilo.org/dyn/natlex/docs/WEBTEXT/46401/65062/E97KOR01.htm#a49
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Ced



Joined: 27 Feb 2007
Location: Korea

PostPosted: Wed May 02, 2007 7:22 am    Post subject: Reply with quote

Quote:
Article 71 (Menstruation Leave)

An employer shall allow a female worker one day's menstruation leave with pay per month.


That's awesome. Wish I could abuse that one.
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yingwenlaoshi



Joined: 12 Feb 2007
Location: ... location, location!

PostPosted: Wed May 02, 2007 7:52 am    Post subject: Reply with quote

That's the stupidest contract. Basically you agreed to let them keep 1.3 million Won of your money if you quit or get fired.

No schedule? No hours?

I'd just tell them to go screw themselves and insist on teaching no more than six 50-minute classes per day unless they paid the OT. Wich is crappy, too. Why 18,000? That's the stupidest figure. Taxes are nowhere near about 5%. So they're probably keeping that to themselves.

Vacuuming? Saturdays?

It would be nice to find out what deductions they're making off your paycheck.
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alabamaman



Joined: 25 Apr 2006

PostPosted: Wed May 02, 2007 8:10 am    Post subject: Reply with quote

Ced,

1) Never sign another labor contract without clearly defined working hours.

2) Never sign another labor contract that doesn't specify the days you will and will not work on.

3) Your getting scammed on 5% taxes!

4) Is this employer paying into medical?
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Qinella



Joined: 25 Feb 2005
Location: the crib

PostPosted: Wed May 02, 2007 8:45 am    Post subject: Reply with quote

Ced wrote:
Meh, I'm not doing wekend work. Kid's Day? pssh. The little twerps are spoilt rotten already, they don't need a holiday. They can get bent.


That's a nice sentiment.. teacher..

Anyway just a word about your working conditions. If you refuse to do the cleaning and extra stuff, it's all going to land on your Korean coworkers who will not refuse. Naturally, this is going to upset them, and could make for declining working conditions. You signed on to this contract and should've held out for something better. It was your mistake. Now be a responsible adult and live up to your commitment. Regardless of what people on this forum seem to believe, you are not special for being a native English speaker, and no one owes you anything.

Ohh wahh, I don't wanna work Saturday! I'm only making 18,000 an hour!! Talk about spoiled brats who need to get bent..
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Ced



Joined: 27 Feb 2007
Location: Korea

PostPosted: Wed May 02, 2007 4:01 pm    Post subject: Reply with quote

Qinella wrote:

Ohh wahh, I don't wanna work Saturday! I'm only making 18,000 an hour!! Talk about spoiled brats who need to get bent..


I didn't sign up for Saturday work of inventing original games for kids, and to be show-ponied in front of parents.

I really enjoy being a teacher..... during my week. 18,000 is terrible for working on A Saturday when you've been doing 9-6 all week.

Don't make out like you would do it, unless you're Korean. Are you?
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Ced



Joined: 27 Feb 2007
Location: Korea

PostPosted: Wed May 02, 2007 4:03 pm    Post subject: Reply with quote

yingwenlaoshi wrote:
That's the stupidest contract. Basically you agreed to let them keep 1.3 million Won of your money if you quit or get fired.


I'm leaving as soon as I reach $15,000 in savings. I thoight about staying for longer, but I feel like I'm getting scammed. I shouldn't have been so eager to come to such a corrupt country.

What should the tax rate be? I've been quoted 5% from quite a few jobs
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