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Aee contracts actually worth the paper they are written on?

 
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moo77



Joined: 04 Feb 2008

PostPosted: Wed Mar 12, 2008 3:11 am    Post subject: Aee contracts actually worth the paper they are written on? Reply with quote

I have just got a contract for a job that sounded great but I am a little concerned. I am supposed to be teaching adults yet the contract does not specify this. It also says that I am supposed to 'attend institute events' - presumably not paid and hopefully not on weekends?

Is this common and are contracts actually worth the paper they are written on? Any advice?
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nomad-ish



Joined: 08 Oct 2007
Location: On the bottom of the food chain

PostPosted: Wed Mar 12, 2008 5:37 am    Post subject: Reply with quote

it would probably be a good idea to post the contract in the contract thread at the top of the page so people can review it.

as for the institute events, they will most likely consist of student activities on the weekends, staff meetings whenever you're not actually working, and staff dinners/get togethers.

have you thought about looking into public school jobs? they tend to be safer options than hagwons and the amount of work/extras you must do are much less
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saw6436



Joined: 16 Jan 2003
Location: Daejeon, ROK

PostPosted: Wed Mar 12, 2008 6:39 pm    Post subject: Reply with quote

For most Koreans contracts are merely "guidelines" that cn mutate and change as conditions change. ALL contract points are up for negotiation/re-negotiation at any time. Countless posts on this board begin with "my contract says xxx but my director wants me to zzz". Once you realize all points are open to negotiation it make things a bit easier to live and work in the sparkling ROK. So, get it in writing but be willing to be flexible (but don't be a doormat).
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poet13



Joined: 22 Jan 2006
Location: Just over there....throwing lemons.

PostPosted: Wed Mar 12, 2008 7:42 pm    Post subject: Reply with quote

no
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CentralCali



Joined: 17 May 2007

PostPosted: Wed Mar 12, 2008 7:58 pm    Post subject: Reply with quote

saw6436 wrote:
For most Koreans contracts are merely "guidelines" that cn mutate and change as conditions change.


Many people, especially the dishonest employers, love to say this. The fact of the matter is that it's not the case. The Labor Board and then the courts will look at what the contract says, not what the "flexibility" in the employer's mind is, before issuing a decision. They will also look at what the law says.
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cbclark4



Joined: 20 Aug 2006
Location: Masan

PostPosted: Wed Mar 12, 2008 9:13 pm    Post subject: Reply with quote

A contract is only worth your ability to enforce it.

If you are willing to follow the legal proceeding to enforce the agreement,
such as staying in country petitioning the Labor Board, Immigration, The
Tax and pension office, and then going to court to get a judgement and
then enforcing the judgement to get your money through leans and other
forms of garnishment.

Seriously being a foreigner a contract ends up being a piece of paper you
can reference when negotiating with your employer for actual
compensation.

If your lucky your employer interprets the contract in similar fashion to
your interpretation and negotiates with honor. This also allows you to try
to interpret content in your favor.

I have just way too much leeway with days off to really complain about
much of the technicality in my contract, but when I want something I ask
(for instance A/C was not specified in my contract), I now have A/C.

I negotiated for 3 weeks home leave when the contract stated 2 weeks.
I took home leave during a time when the school was closed rather than
in the last two weeks of my contract as the contract stated.

Stuff like that.
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cbclark4



Joined: 20 Aug 2006
Location: Masan

PostPosted: Wed Mar 12, 2008 9:17 pm    Post subject: Reply with quote

A court decision or judgement is easy to get, it is the collection of the judgement that can drag on.
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R. S. Refugee



Joined: 29 Sep 2004
Location: Shangra La, ROK

PostPosted: Wed Mar 12, 2008 9:25 pm    Post subject: Reply with quote

cbclark4 wrote:


I have just way too much leeway with days off to really complain about
much of the technicality in my contract, but when I want something I ask
(for instance A/C was not specified in my contract), I now have A/C.

I negotiated for 3 weeks home leave when the contract stated 2 weeks.
I took home leave during a time when the school was closed rather than
in the last two weeks of my contract as the contract stated.

Stuff like that.


Sounds like you're a ps teacher. When you negotiated these changes, were these changes mentioned in a new contract or were they just informal agreements that were not mentioned in any contract?
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cbclark4



Joined: 20 Aug 2006
Location: Masan

PostPosted: Wed Mar 12, 2008 9:33 pm    Post subject: Reply with quote

I used the contract for reference and negotiated thusly, acticle 10
states this, article 14 states that and a littel logic; I will miss classes if I
take those last two weeks. If I take the 3 I want, no classes will be
missed.

In negotiation you either have to show the other side what the benefit will
be for them. When you approach Koreans with change they feel that you
are tryign to reap some unseen benefit from them, turn the tables.
Just because you see the Win/Win doesn't mean it will be that clear to them

I also used the new EPIK ads that stated A/C along with the other
appliances.

Required reading:

http://forums.eslcafe.com/korea/viewtopic.php?t=75572
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R. S. Refugee



Joined: 29 Sep 2004
Location: Shangra La, ROK

PostPosted: Wed Mar 12, 2008 11:03 pm    Post subject: Reply with quote

cbclark4 wrote:


Required reading:

http://forums.eslcafe.com/korea/viewtopic.php?t=75572


Thanks for the suggestion cbc, but I went there and it's 65 pages long. Would you mind giving me a little synopsis of the likely benefits if I dig into this thing? I'm not a speed reader.
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cbclark4



Joined: 20 Aug 2006
Location: Masan

PostPosted: Wed Mar 12, 2008 11:54 pm    Post subject: Reply with quote

It's probably 10 minutes to read.

Just read the Ian in Ilsan contributions for the meat, all the other
responses are seasoning and fat (highly entertaining though).

There are a couple of links to news articles relating to his experience that
may help too
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Mi Yum mi



Joined: 28 Jan 2008

PostPosted: Thu Mar 13, 2008 1:28 am    Post subject: Reply with quote

What do you mean by "worth the paper" OP?

Can I wipe my ass with your contact? If I can thn that's the extent of it's value. It might be good for birdcage liner too.

Contract is "mild guideline" here.
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moo77



Joined: 04 Feb 2008

PostPosted: Fri Mar 14, 2008 4:38 am    Post subject: Reply with quote

one thing I also forgot to ask is that if I sign a contract (prior to giving them any visa processing paper work am I bound to it. ie. if I find another job whilst collecting my paperwork can I take that instead?

This is a dilemma I face at the moment and I don't know what to do. I suspect something better will come along but I don't want to miss out on my current offer if it doesn't......

Any advice?
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Mi Yum mi



Joined: 28 Jan 2008

PostPosted: Fri Mar 14, 2008 5:08 am    Post subject: Reply with quote

No visa means no problem. They might think you are scum...but whatever.
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moo77



Joined: 04 Feb 2008

PostPosted: Fri Mar 14, 2008 2:42 pm    Post subject: Reply with quote

Mi Yum mi wrote:
No visa means no problem. They might think you are scum...but whatever.


i thought as much - thanks for the reply!
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