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Beezo44
Joined: 23 Nov 2007
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 Posted: Wed Dec 12, 2007 10:16 am Post subject: CONTRACTS!!! |
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| Okay, I know we talk about contracts and we have a contract thread to scrutinize contracts but i want to start a general discussion on contracts. What is the ideal contract? These forums bash contracts all the time but what is a decent contract to you? So this goes to everyone what is your ideal contract? |
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Karuga
Joined: 06 Dec 2007
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| Posted: Wed Dec 12, 2007 11:05 am Post subject: |
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Monetary compensation depends on your qualifications and background...other than that
Reimbursed housing, and/or at least 5M key money loan
Reimbursed Round Trip Airfare
Health/Medical Coverage
Hours that don't suck, no split shifts
Severance Pay
Paid Time Off during National Holidays, X amount of Vacation Days |
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Fishead soup
Joined: 24 Jun 2007
Location: Korea
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| Posted: Wed Dec 12, 2007 3:15 pm Post subject: |
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Contracts are viewed as a rough guide in Korea. Open to compromise . By comprise i mean accept the new situation or you're fired. Which is often bluffing. Expect fabricated complaints whenever a dispute over the contract is about to boil over.
" Please try to understand our situation" is a classic red flag. |
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Beezo44
Joined: 23 Nov 2007
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| Posted: Wed Dec 12, 2007 5:49 pm Post subject: hey |
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| Karuga wrote: |
Monetary compensation depends on your qualifications and background...other than that
Reimbursed housing, and/or at least 5M key money loan
Reimbursed Round Trip Airfare
Health/Medical Coverage
Hours that don't suck, no split shifts
Severance Pay
Paid Time Off during National Holidays, X amount of Vacation Days |
All sounds reasonable! How do you like CDI by the way? |
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Karuga
Joined: 06 Dec 2007
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| Posted: Wed Dec 12, 2007 6:33 pm Post subject: Re: hey |
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| Beezo44 wrote: |
| Karuga wrote: |
Monetary compensation depends on your qualifications and background...other than that
Reimbursed housing, and/or at least 5M key money loan
Reimbursed Round Trip Airfare
Health/Medical Coverage
Hours that don't suck, no split shifts
Severance Pay
Paid Time Off during National Holidays, X amount of Vacation Days |
All sounds reasonable! How do you like CDI by the way? |
I've been given hourly offer of 32k by CDI, but I haven't accepted it yet...a few kinks I need to work out with them first.  They've agreed to have me start teaching in one of their main Seoul branches in mid-Feb if everything works out though. |
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garykasparov
Joined: 27 May 2007
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| Posted: Wed Dec 12, 2007 7:03 pm Post subject: Re: CONTRACTS!!! |
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edit
Last edited by garykasparov on Wed Dec 12, 2007 11:04 pm; edited 5 times in total |
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spliff
Joined: 19 Jan 2004
Location: Khon Kaen, Thailand
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| Posted: Wed Dec 12, 2007 7:10 pm Post subject: |
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| ^How old was the hooker? |
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garykasparov
Joined: 27 May 2007
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| Posted: Wed Dec 12, 2007 11:02 pm Post subject: |
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Posted: Sun Nov 18, 2007 7:49 pm
Post subject: Ministry of Labor: Ten Labor Laws and Contracts
http://english.molab.go.kr/
1. Click on News and Anouncements
2. Click on News
3. Click on 377
Labor Laws and Regulations That an Employer of Workplace with Five Employees or More Shall Observe
Standards 2110-7431
2007-11-12
Ten Labor Laws and Regulations That an Employer of Workplace with Five Employees or More Shall Observe
1. When hiring a worker, an employer shall draw up a written labor contract.
*A labor contract shall state wage, working hours, holidays, vacation, working place, contents of duties, etc.
* Whenever there is a demand from a worker, the employer shall deliver a labor contract to the worker.
2. An employer shall furnish workplace with a register of employees, wage ledger and other important documents regarding labor contract, and preserve them for three years.
3. Working hours shall be eight hours a day and forty-four hours a week (forty hours for workplace with fifty employees or more).
* When an employer has a worker work for a specific day in excess of eight hours or for a specific week in excess of forty-four hours, the employer shall reach an agreement with the worker.
4. An employer shall allow workers at least one holiday per week on the average or at least one holiday per month on the average.
* An employer shall allow workers, who attend for a week, at least one paid holiday (ordinarily Sunday) per week on the average, and workers, who attend for a month, at least one paid holiday per month on the average.
5. Payment of wages shall be directly made in full to workers in cash or through a bankbook at least once per month on a fixed day.
* Advance deduction is possible for Class A tax, social insurance premiums, etc.
* Although a worker does not work for an entire month, the employer shall pay wages as much as the number of working days.
(Tip) If a worker dies or retires, the employer shall pay all the money such as wages, etc. within 14 days from the day of death or retirement.
6. An employer shall additionally pay fifty percent or more of the ordinary wages for extended work, night work or holiday work.
* Extended work : work provided in excess of eight hours per day or in excess of forty-four hours per week
* Night work : work provided from 10 p.m. to 6 a.m.
7. An employer shall pay 30-day average wages for each year to a worker who retires after consecutive service of one year or more.
* An employer may, in case a worker demands, pay the worker the amount of severance pay corresponding to his/her consecutive service period earlier than his/her retirement.
8. If an employer intends to dismiss a worker, there shall be a justifiable reason for the dismissal, and the employer shall notify the worker of reasons for dismissal and dismissal day in writing.
* An employer shall give an advance notice to a worker at least thirty days before dismissal. If the notice is not given thirty days before the dismissal, ordinary wages of more than thirty days shall be paid to the worker.
9. An employer ordinarily employing ten workers or more shall prepare the rules of employment and submit it to a local labor office.
* An employer shall seek the opinions of a trade union, if there is a trade union composed of the majority of the workers in the workplace concerned, or the opinions of the majority of workers if there is no trade union composed of the majority of the workers, with regard to the preparation of and amendment to the rules of employment. However, if the rules of employment are modified unfavorably to workers, the employer shall obtain workers� consent.
(Tip) The rules of employment shall describe matters pertaining to the starting and finishing time of work, recess hours, holidays, leaves, shifts, etc.
10. An employer shall pay at least minimum wage determined and announced by the Minister of Labor.
* From Jan. 1, 2007 through Dec. 31, 2007, minimum wage is 3,480 won per hour, and From Jan. 1, 2008 through Dec. 31, 2008, minimum wage is 3,770 won per hour.
(Tip) An employer shall inform the workers of the related minimum wage by displaying it at conspicuous places or by using other appropriate means.
The following below is from the MOL website;
<Sample of a Labor Contract with a Foreign Worker>
Labor Contract
The following parties to the contract will agree to fully comply with the terms of the contract stated hereinafter:
Name of the enterprise
Phone number
Location of the enterprise
Name of the employer
Identification number
Name of the employee
Alien registration number
Address of the employee (in his or her home country)
1. Contract period: from ( YY/MM/DD) to ( YY/MM/DD)
2. Place of employment (Division) :
3. Contents of duties:
4. Working hours and recess hours
1) Working hours: from ( ) to ( )
2) Recess hours: from ( ) to ( )
5. Working Days and holidays
1) Working Days
2) Holidays
6. Payment
1) Payment : Monthly ( ) won
2) Basic pay and benefits
A) Basic Pay : Monthly (hourly, daily, or weekly) wages: ( ) won
B) Additional pay rate for overtime, night or holiday work : Overtime work, night work and holiday work discharged in excess of statutory working hours will be paid 50% higher than normal wages.
C) Allowances and calculation method for allowances
ⓐ ______ allowances: _____ won, Calculation method:
ⓑ ______ allowances: _____ won, Calculation method:
ⓒ ______ allowances: _____ won, Calculation method:
3) Payment date: ________ of every month/every week. If the payment date falls on a holiday, payment will be made on the day before the holiday.
4) Payment methods: Wages and benefits will be paid to the employee or credited to the bank account of the employee. The employer will not retain the bank book and the seal of the employee.
7. Terms not regulated in this contract will follow provisions of the Labor Standard Act.
(YY/MM/DD)
Employer: (signature)
Employee: (signature)
<Sample of a Labor Contract with a Korean Worker>
Labor Contract
The Employer and the Employee will agree to fully comply with the terms of the contract stated hereinafter:
1. Contract period: from ( YY/MM/DD) to ( YY/MM/DD)
2. Place of employment (Division) :
3. Contents of duties:
4. Working hours and recess hours
1) Working hours: from ( ) to ( )
2) Recess hours: from ( ) to ( )
5. Working Days and holidays
1) Working Days
2) Holidays
6. Payment
1) Payment : Monthly ( ) won
2) Basic pay and benefits
A) Basic Pay : Monthly (hourly, daily, or weekly) wages: ( ) won
B) Additional pay rate for overtime, night or holiday work : Overtime work, night work and holiday work discharged in excess of statutory working hours will be paid 50% higher than normal wages.
C) Allowances and calculation method for allowances
ⓐ ______ allowances: _____ won, Calculation method:
ⓑ ______ allowances: _____ won, Calculation method:
ⓒ ______ allowances: _____ won, Calculation method:
3) Payment date: ________ of every month/every week. If the payment date falls on a holiday, payment will be made on the day before the holiday.
4) Payment methods: Wages and benefits will be paid to the employee or credited to the bank account of the employee. The employer will not retain the bank book and the seal of the employee.
7. Terms not regulated in this contract will follow provisions of the Labor Standard Act.
(YY/MM/DD)
(employer) Name of the enterprise :
Location of the enterprise :
Name of the employer:
(signature)
(employee) Address of the employee :
Contact phone number :
Name of the employee :
(signature) |
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garykasparov
Joined: 27 May 2007
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| Posted: Wed Dec 12, 2007 11:32 pm Post subject: Re: CONTRACTS!!! |
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| Beezo44 wrote: |
| Okay, I know we talk about contracts and we have a contract thread to scrutinize contracts but i want to start a general discussion on contracts. What is the ideal contract? These forums bash contracts all the time but what is a decent contract to you? So this goes to everyone what is your ideal contract? |
The contracts are ripped because they are written as seen below. This was a Slave Labor Program contract you posted, that was bashed, scrutinized for a good reason.
Beezo44
Joined: 23 Nov 2007
Posted: Wed Dec 05, 2007 8:53 pm
Post subject: contract
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what do you guys think of this contract?
TEACHER OBLIGATIONS
A. Supervision
The Teacher will work closely with Academic supervisor and other colleagues in the planning, observation, and review of instruction.
As a member of the Institute, the Teacher will contribute to the cumulative experience, wisdom, and resources of team dedicated to developing, implementing, and evaluating a comprehensive program for teaching English to Koreans.
B. Behavior
The teacher should respect the rules and standards of conduct of the Institute (written, verbal and tacit) and obey the laws, regulations, instructions, and ordinances of the national and local governments.
Any teaching or employment other than at the above address shall not be permitted, in accordance with Korean Law. Non-compliance may result in discipline including fines and deportation.
C. Workload
The Teacher will normally have 19 classes (90 minute/class, lunch time is not included) per teaching week. Regular working hour is from 9am to 6 pm for preschool class(including 1~2 afternoon classes) or from 1pm to 9.30pm for afternoon class only.
If the teacher doesn�t have any class within the working hours, She/He should use the time at the Institute for lesson planning with co-teachers, phone teaching to students, student evaluations, reporting, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, teachers' meetings, upgrading one's professional knowledge and skills without additional pay. The work-week will follow the yearly academic calendar issued by Dongjak SLP Institute .. The total teaching load including overtime will not exceed for any given week 21 classes (90 minutes each) a week, unless both parties agree.
Staff meetings will be scheduled at the discretion of the Institute Director(usally once a week). Attendance is required. Staff meetings will allow time for discussion of topics of current concern within the program such as new policies, procedures, methods of training, instruction, curriculum, and other matters as needed. Staffs are encouraged to help work out practical solutions to problems at these meetings.
D. Special Research projects
Any part of the teacher's workload may be converted into research and development work. When the institute schedules the teacher for fewer than 19 classes per week, research and development assignments will be assigned to make up the difference.
In every summer and winter vacation period of the Korean School Year (around August and January), SLP Institute opens English Intensive Courses in morning time. The teacher should teach these special classes by academic supervisor's instructions. For these special class sessions, Institute pay additional allowance to the teacher at the rate of the regular pay beyond 19 classes(￦26,000/90 minute).
E. Overtime
Overtime teaching is paid at the rate of 1.2 times of the regular pay beyond 19 classes (90 minutes). Overtime will not be paid on holidays, sick days, or emergency-leave days. The assignment of overtime above the regular 19 classes and less than 21classes is at the sole discretion of the Institute. When two classes are temporarily combined into one, the teacher shall receive 1.5 times of the regular pay.
F. Work Schedule
The work week runs from Monday through Friday in monthly periods. The teacher's schedule will be assigned by the Institute Director. If there are some special events provided by the Institute or SLP headquarter on weekends, the teacher will be required to attend and the schedule will be assigned by the Institute Director. SLP Institute will provide the teacher with a meals and transportation but no additional pay.
Events may include, but are not limited to;
Speech contest for students.
Teacher�s training courses for new program, teaching skills.
Presentations for parents
Mini Olympic for students.
Field trips
G. Covenants
The Teacher hereby agrees, covenants and undertakes that he/she will not disclose any information relating to the Teacher's employment conditions, any teaching materials, or any information relating to the academic program, whether verbally or in writing, to individuals or corporate entities.
All teaching materials including any books given to the Teacher by the Institute or made by the teachers should be returned after use and the teacher must not take out or use these materials for other purposes but teaching in SLP.
TEACHER BENEFITS
A. Monthly Salary
The Institute will pay the teacher a total monthly basic salary of(￦ 2.1 million) on the 10th day of the following month. The monthly salary is based on a calendar month, not the monthly teaching session. Korean income tax, National Pension, & Medical Insurance will be withheld from the monthly salary.
B. Housing
The Institute will provide each teacher a single sized apartment/house.. A two-person apartment/house will be provided for a married couple, if both are teaching at the Institute. The Teacher is responsible for monthly apartment utilities and maintenance/security charges, including telephone and internet.
The apartment will contain TV, refrigerator, washing machine, wardrobes, telephone, gas range, beds & Korean style bedding, stuffed chairs, dining table & chairs, and some eating & cooking utensils.
A utility deposit will be deducted 200,000won/month from the teacher's first to third paychecks to be used at the end of the contract to cover the last month's utilities and other expenses.
Any expenses due to damage of the apartment of furnishings, garbage disposal fee,
cleaning fee or replacement of furnishings will be deducted from the utility deposit.
This deposit will be paid back to the employee after all bills that teacher is responsible
for have been paid.
If the teacher wants to accommodate someone who is not related to the Institute for more than 2 days, advance permission should be asked of the institute.
C. Health Insurance
The teacher will be covered by Korean National Health Insurance. According to the government guideline for teachers, the monthly insurance charge will be shared by the Institute and the Teacher. Coverage will be from the date of joining to Korean Medical Insurance Union, commencing approximately 3 to 4 weeks after the teacher's arrival of Korea due to requirements of the immigration and taxation departments.
D. National Pension Plan
In accordance with Korean Law all foreign workers employed by Korean businesses shall pay into the Korean National Pension plan at a rate stipulated by the Korean National Pension Law deducted against monthly earnings with the employer's contribution.
Refund of the National Pension to a teacher who becomes a compulsorily insured employee, where the Pension Act of the Teacher's home country provides the benefit corresponding to the lump-sum refund of the National Pension Plan, the lump-sum refund of this plan shall be refunded to the teacher, according to Korean Law.
E. Sick Leave and Emergency Leave
The teacher who becomes ill or when an emergency arise should provide the supervisor with as much advance notice as possible and be required to submit a medical certification or comments in written from a doctor or a pharmacist until the next day.
If sick leave and emergency leave are totally over 8 classes (45minutes), the related costs for more than 8classes will be subtracted from the following month's pay.
If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following month's pay.
F. Airfare
The Institute shall pay round-trip airfare between the nearest International Airport from the Teacher's Point of hire and Seoul. Before the Teacher's departure to Korea, a one-way ticket will be provided. At the end of the contract another one-way ticket to the Teacher's point of hire will be provided.
The institute will pay for round-trip air transportation to Japan for visa issuance within 30 days of the teacher�s arrival in Korea. No deduction from salary will be made for any work missed. The teacher understands that the cost of minor incidentals and the visa issuance fee itself is his/her responsibility.
If the teacher fails to complete the contract for any reason, return air transportation will not be provided. If the teacher voluntarily resigns during the contract period, she/he may be required to repay the cost of air transportation to Korea and air transportation to Japan for the visa .
G. Teacher Training
The teacher have a period of training before starting to teach in their Institute. During the training period, and for any weekdays during the break between the training and the start of teaching, the teacher should be in the Institute for classroom observation. The Teacher will receive briefings from their Academic Supervisor, and the Institute Director, and will get acquainted with the local institute policies. During this time the teacher will receive half the regular rate of pay.
H. Vacation
The Institute provides the Teacher with approximately two weeks of paid vacation in one employment year. The vacation will be scheduled according to the annual Dongjak SLP Institute academic calendar.
I. Severance Pay
On completion of one's responsibilities of the full contract period, an additional month of regular salary (￦ 2.1 million)per year shall be paid as severance pay. If the Teacher, however, does not complete the full period of one year contract, none of the severance pay shall be paid according to Korean Labor Standard Law. Severance pay will be paid by bank transfer within 45days after the Teacher has left the institute. Korean severance tax will be withheld. Any outstanding debts will be subtracted from the severance pay.
J. Period of Employment : From Jan 1st. 2008 To Dec 24th. 2008
Although pay starts the day the teacher starts Teacher Training Program, the effective date of this contract is the first teaching day in the Institute. The total period of this agreement is approximately one year, commencing from the first day of the session and finishing on the last teaching day of the Teacher's 12th teaching session. A delay in the Teacher's arrival at the Institute, or in the opening of a new Institute may call for a re-negotiation of the contract period.
The Institute reserves the right to terminate this agreement
for the following causes with written notification 40days in advance,
1> Neglect or inability to perform his/her duties stipulated in this agreement.
2> Frequent absences from work (more than twice without prior notice.)
3> Receiving two warning letters.
4> Criminal behavior or misconduct.
However , for the serious cases cited above, he/she will be dismissed from
employment immediately without any notice.
The teacher agrees to give written notification sixty days in advance of intention to terminate this agreement (limited to inevitable reason) or of interest in renewing it.
Any dispute arising in connection with this contract will be decided by a Korean court of law, according to Korean regulations and codes. The parties agree to comply with all applicable laws in their execution of the agreement.
IN WITNESS WHEREOF the Institute and the Teacher have each duly executed this Agreement on the dates set forth below their respective signatures.
Date Date
_______________________ ________________________
Signature Signature
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