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Draconian, one sided contracts

 
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travelingfool



Joined: 10 Mar 2008
Location: Parents' basement

PostPosted: Thu Jul 24, 2008 8:33 pm    Post subject: Draconian, one sided contracts Reply with quote

After a hiatus I have been considering a return to teaching English overseas. I have looked at possibilities in several different countries, including Korea. One thing that really sticks out about Korea are the contracts I have been sent by prospective employers. I remember when I was a car salesman how when the negotiation process begun we would put forth totally outrageous offers, to see peoples reactions and to set a starting point for negotiations. Some of these contracts are laughable. I am assuming that Korean school owners don't really expect us to take these offers, right? That they are a starting point in the negotiation process? It seems like in every one of them there are financial penalties for just about everything. One minute late to class: 100,000 fine. Accidental flatulence: 80,000 fine. Performance not up to expectation: 500,000, second offense, payday delay of up to two weeks. Some of the things they say they can deduct money from you for are pretty subjective. I swear it's like they go out of their way to make the contract extra punitive and insulting. Who would take something like that at face value? I would rather wait tables than agree to such conditions. Korea can't attract qualified people? Gee, I wonder why!
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Voyeur



Joined: 19 Jun 2003

PostPosted: Thu Jul 24, 2008 8:38 pm    Post subject: Reply with quote

You saw a contract with a farting clause?
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merkurix



Joined: 21 Dec 2006
Location: Not far from the deep end.

PostPosted: Thu Jul 24, 2008 9:19 pm    Post subject: Reply with quote

Can you paste an example contract or put up a link? I am curious to see a contract with a farting clause and why unsatisfactory performance would merit a heavier penalty than pooting.
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prairieboy



Joined: 14 Sep 2003
Location: The batcave.

PostPosted: Thu Jul 24, 2008 9:39 pm    Post subject: Reply with quote

I wouldn't be surprised to see a farting clause in a Korean contract.

Most Korean employers seem to believe that since they are offering a job, you should be thankful and accept whatever they give you or demand of you.

While in the past (way back) that may have been standard, times have changed. The only way the contract situations will change is if people start turning down bad contracts.

Let the market set the terms. Don't be afraid to negotiate and if you are presented a contract you are not comfortable with then walk away.

Don't be afraid to quit if you aren't being treated fairly. If you aren't happy then the place isn't going to get any better, right?

However, always have a backup plan so you don't find yourself in situations that are difficult to get out of. Know your rights and know the laws. Korean hagwon owners are not above the law regardless of what they may believe.

Cheers
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Thu Jul 24, 2008 11:01 pm    Post subject: Re: Draconian, one sided contracts Reply with quote

travelingfool wrote:
I am assuming that Korean school owners don't really expect us to take these offers, right? That they are a starting point in the negotiation process?

No, you are expected to take them as is and be grateful they are giving you a job. There is no negotiation with 95+% of Korean bosses.
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travelingfool



Joined: 10 Mar 2008
Location: Parents' basement

PostPosted: Fri Jul 25, 2008 1:17 am    Post subject: Re: Draconian, one sided contracts Reply with quote

Young FRANKenstein wrote:
travelingfool wrote:
I am assuming that Korean school owners don't really expect us to take these offers, right? That they are a starting point in the negotiation process?

No, you are expected to take them as is and be grateful they are giving you a job. There is no negotiation with 95+% of Korean bosses.


Even when such contract stipulations are flagrant violations of labor law? For example, many contracts state your tax rate will be 3.3 or 5 percent or more, not including health, pension, and residence tax, when the Korean tax website says otherwise. I wonder how many employers are guilty of skimming off of that amount? If they are having such problems finding native speaking teachers you would think they would make these agreements a little more attractive.

Question: are there any reasonable and honest schools that actually care about education and quality that aren't run by despots?
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Fri Jul 25, 2008 2:27 am    Post subject: Reply with quote

Reading this thread, the word 'trainwreck' kept zinging across my mind. I don't know why.
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Young FRANKenstein



Joined: 02 Oct 2006
Location: Castle Frankenstein (that's FRONKensteen)

PostPosted: Fri Jul 25, 2008 2:39 am    Post subject: Re: Draconian, one sided contracts Reply with quote

travelingfool wrote:
Young FRANKenstein wrote:
travelingfool wrote:
I am assuming that Korean school owners don't really expect us to take these offers, right? That they are a starting point in the negotiation process?

No, you are expected to take them as is and be grateful they are giving you a job. There is no negotiation with 95+% of Korean bosses.


Even when such contract stipulations are flagrant violations of labor law? For example, many contracts state your tax rate will be 3.3 or 5 percent or more, not including health, pension, and residence tax, when the Korean tax website says otherwise.

You can raise your concerns about such clauses at contract signing time, but don't be surprised of they rescind the contract offer. If you ask so many questions and point out so many points about the law BEFORE you sign... you're a troublemaker. Don't you trust them? Rolling Eyes
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