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Yet another contract thread

 
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Teelo



Joined: 09 Oct 2008
Location: Wellington, NZ

PostPosted: Wed Oct 15, 2008 12:32 pm    Post subject: Yet another contract thread Reply with quote

Quote:
Article 1. Employment

The employer wishes to employ the employee for as an English teacher and the employee agrees to work for the said employer in Korea. The employee's job description is primarily the following.

A. ESL instructor in any and all phases of the employer's program to classes. That range from middle school students to adult level
B. Curriculum design and implementation
C. Development of the employer's educational program and materials
D. Field activities for and with students
E. Grading and evaluation
G. Attendance at teacher's meetings and workshops
H. Other related activities

Article 2. Period of Employment

The period of this contract is 3 November 2008 ~ 2 November 2009 beginning from the date of the employee's first working day after orientation/observation at the institute in Korea.

Article 3. Salary and Working Hours

The basic teaching-hour is 6 hours a day. (Monday to Friday, excluding Korean holidays). However, the employee agrees to teach 7 hours a day when the employer asks to. 1 hour is organized 50 minutes� teaching with 10 minutes� break.
A monthly salary is 2,300,000 won for 120 hours a month and 2,700,000won for 140 hours a month in Korean Currency. Payment will be made once a month. Payday is the 15th day of month. The first payment will be made after the first teaching month. If the payday is a national holiday or weekend, it will be paid on very next working day.
Korean Income Tax(3.3%) will be deducted from the employee's salary.

Article 4. Over-time Pay

If the employee teaches more than 140 hours a month, he/she will be paid 21,000 won per hour. . If the employee teaches at weekend, he/she will be paid 22,000won per hour.

Article 5. Benefits

a) Housing
The employer will arrange and pay for furnished single studio-apartment (bed, TV, washing machine, cooking supplies, gas range, air conditioning) for the period of the contract, and the employee will pay living expenses including electricity, water, gas, oil, phone bills, etc. Meals are not provided.

b) Medical Insurance
The employer will pay one-half (1/2) of the employee's medical insurance premium which will cover the employee for one year. Half of the health Insurance premium will be deducted from the employee's salary.

c) Completion Bonus
The employee will be given 2,300,000won upon successful completion of the 1 year and a month contract. This amount will be paid at time of, and is dependent upon, completion of the full contract term.

d) Holidays
The employee will be provided Summer Vacation for about 3-4days including the weekends in July or August and National holidays such as thanksgiving holiday and Lunar New Year�s holiday.

e) Flight
The employer will reimburse the Employee one-way airfare from employee�s main city to Korea within one week of the employee�s arrival at the institute. But if the employee leaves the institute before 6 months, the employee must pay back the one-way airfare to the employer. The employer will provide a return ticket to the employee from Korea to the employee�s main city upon successful completion of the one-year contract.

f) Special occasion - Disaster or unexpected Accident.
In cases the employee has an unexpected accident like a car accident or his/her family suffers from a disaster so that it can be suspected to death or his/her parents are about to pass away, the employer will release the employee temporarily-14 days as maximum.

Article 6. Disciplinary Action & Termination of the Contract

Employer may take disciplinary action to the employee and terminate this Contract upon occurrence of any one of the following events;

a) If the employee makes any misconducts (verbal abuse, assault and battery, sexual advances, improper monetary transaction and any unreported teachings at any other educational Institute or privately without the permission of the Employer) toward students or if questionable inter-personal relationships with individual students result in the loss of other students.
b) If the employee does any embezzlement of the company money(including tuition fee, teaching out and teaching material expense) resulting in the financial and mental loss of the employer
c) If the employee is involved with any misconduct among other employees and staffs (verbal abuse, assault and battery, sexual advances and financial damage) resulting in the financial and mental loss of the employer.
d) If Employee fails to perform continuously his/her duties for certain amount of time (absence, tardiness and early out) without any excuse.
e) If many of the employee's students complain about the classes, or if students enrollment falls below the accepted average.
f) If Employee fails to perform or unsatisfactorily perform any of the duties stipulated in this contract or the employee�s condition of contract in Article 1.
g) If any of the information provided in Employee�s application is neither true nor accurate in the even that the employee makes any sever damage (including sex offense, embezzlement, and sending our students to the any other educational provider) to the employer, the Employer may terminate or cancel this Contract and Simultaneously, the employee bear the responsibility on criminal and civil charges.
f) The employee is not allowed to talk or discuss about salary with any one except for the director or supervisor. In case the employee breaks it, the employer can reduce the salary to the lowest salary of present teachers and ask the employee responsibilities for all caused problem.

Article 7.

1) Basic Policies
The following policies have been established to assist instructors in the execution of their duties.

a) Professional dress and grooming in the work place is essential to maintaining the desired reputation of the Institute. The employer shall establish guidelines for professional dress.
b) All instructors must behave in a professional manner during class and when socializing with students outside of class. Instructors should be aware of the cultural background of Korean students and their expectations of teachers.
c) Instructors are required to attend all staff meetings as requested by the Director. If an instructor must be absent, he must inform the Director or Assistant Director prior to the meeting.
d) Instructors are required to interview new students and evaluate their placement level.
e) If the employee is late or absent without notification, 30,000won will be deducted per hour. Notification should be made 12 hours in advance.
f) The Employee will prepare teaching materials for each class beforehand and will be honest and diligent in teaching students in all classes. The Employee agrees to furnish all curricula, textbooks, and other teaching materials for free-talking classes and should prepare tests as needed.
g) The Employee will teach at any place (Public school, company or other institute) designated by the Employer. The Employer will be responsible for all transportation expenses.
h) If the learners or students complain about the methods of instruction, the Employer or other teachers will counsel to the Employee as needed.
i) All new teachers in EASY should arrive 3 or 4 days before beginning teaching and should observe senior teachers' classes for 2 days at least before start teaching.
j) The employer agrees to pay key money and monthly rent fee for employee�s accommodation.
k) Supporting food expense: The food expense will be paid for the employee assigned with the early morning classes (6;30 class and 7;30 class), saturday morning and afternoon classes, and morning and afternoon classes for vacation intensive courses within 3 days after beginning the classes in accordance with the company pay standard

2) Class Preparation

a) Attendance: Employee should be present for his/her classes 30 minutes before class begins (the employee with early morning classes should be in the class at least 5 minutes before the class)
b) ID Badge: The employee should carry the ID badge on the premises all the time.
c) Employee should clock in with ID badge at the assigned information desk.
d) The Employee will prepare teaching materials for each class beforehand and should not come out of classroom in class for any reasons.
f) Employee will be enthusiastic and diligent in teaching students in all classes.

3) Providing Teaching materials

a) Main teaching materials: management department provides new employee and employee with newly assigned class with necessary Teaching materials.
b) Sub-teaching materials: Teachers are encouraged to share sub-teaching materials provided by the employer with other employees and in the event that other teaching materials are in need, the employee should submit request form of necessary materials (including the name of books and publishing company) to the management department at least 1 week in advance and the employer will provide the employee with those materials after the decision of using books is made. The employee should sign his or her name and then receive the requested teaching materials from the management department.
c) Managing teaching materials: The employee should be cautious when using those materials provided by the employer and in case of losing them, the amount of the materials will be deducted from your next monthly pay.

Article 7. Governing Law and Jurisdiction

Any dispute arising in connection with this contract will 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.


The parts that concerned me were:

The job-ad says its to teach adults, and the hours are: 6:30AM ~11:00 AM and 6:00PM~10:00 PM.

"Korean Income Tax(3.3%) will be deducted from the employee's salary."
Calculator says 1.9%.

"The employer will arrange and pay for furnished single studio-apartment (bed, TV, washing machine, cooking supplies, gas range, air conditioning)"
I asked for photos of the apartment, and... no fridge!!?!

"Summer Vacation for about 3-4days including the weekends in July or August"
*cough* *cough*

"The Employee will teach at any place (Public school, company or other institute) designated by the Employer. The Employer will be responsible for all transportation expenses."
Whats that supposed to mean Shocked

"The employee is not allowed to talk or discuss about salary with any one"
I could get a much better contract from Avalon with that same clause!


You know, I'm starting to wonder if I should just write my own employee-centered contract and refuse to sign anything else Laughing. I mean, with the won recession, theres a big demand for teachers now... right? right?
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call_the_shots



Joined: 10 Oct 2008

PostPosted: Wed Oct 15, 2008 2:08 pm    Post subject: Reply with quote

Another concern that I would want them to clarify is about salary being paid on the 15th day of month. For example, is it for work done from the 16th of the previous month to the 15th of the current month, or is it from the 1st to the end of the previous month... I think 15 days is a long time to hold a teacher's salary hostage.

Hey, you have an avatar now! How many posts did you need?
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Otherside



Joined: 06 Sep 2007

PostPosted: Wed Oct 15, 2008 5:11 pm    Post subject: Re: Yet another contract thread Reply with quote

Teelo wrote:
Quote:
Article 1. Employment

The employer wishes to employ the employee for as an English teacher and the employee agrees to work for the said employer in Korea. The employee's job description is primarily the following.

A. ESL instructor in any and all phases of the employer's program to classes. That range from middle school students to adult level
B. Curriculum design and implementation
C. Development of the employer's educational program and materials
D. Field activities for and with students
E. Grading and evaluation
G. Attendance at teacher's meetings and workshops
H. Other related activities

Article 2. Period of Employment

The period of this contract is 3 November 2008 ~ 2 November 2009 beginning from the date of the employee's first working day after orientation/observation at the institute in Korea.

Article 3. Salary and Working Hours

The basic teaching-hour is 6 hours a day. (Monday to Friday, excluding Korean holidays). However, the employee agrees to teach 7 hours a day when the employer asks to. 1 hour is organized 50 minutes� teaching with 10 minutes� break.
A monthly salary is 2,300,000 won for 120 hours a month and 2,700,000won for 140 hours a month in Korean Currency. Payment will be made once a month. Payday is the 15th day of month. The first payment will be made after the first teaching month. If the payday is a national holiday or weekend, it will be paid on very next working day.
Korean Income Tax(3.3%) will be deducted from the employee's salary.

Article 4. Over-time Pay

If the employee teaches more than 140 hours a month, he/she will be paid 21,000 won per hour. . If the employee teaches at weekend, he/she will be paid 22,000won per hour.

Article 5. Benefits

a) Housing
The employer will arrange and pay for furnished single studio-apartment (bed, TV, washing machine, cooking supplies, gas range, air conditioning) for the period of the contract, and the employee will pay living expenses including electricity, water, gas, oil, phone bills, etc. Meals are not provided.

b) Medical Insurance
The employer will pay one-half (1/2) of the employee's medical insurance premium which will cover the employee for one year. Half of the health Insurance premium will be deducted from the employee's salary.

c) Completion Bonus
The employee will be given 2,300,000won upon successful completion of the 1 year and a month contract. This amount will be paid at time of, and is dependent upon, completion of the full contract term.

d) Holidays
The employee will be provided Summer Vacation for about 3-4days including the weekends in July or August and National holidays such as thanksgiving holiday and Lunar New Year�s holiday.

e) Flight
The employer will reimburse the Employee one-way airfare from employee�s main city to Korea within one week of the employee�s arrival at the institute. But if the employee leaves the institute before 6 months, the employee must pay back the one-way airfare to the employer. The employer will provide a return ticket to the employee from Korea to the employee�s main city upon successful completion of the one-year contract.

f) Special occasion - Disaster or unexpected Accident.
In cases the employee has an unexpected accident like a car accident or his/her family suffers from a disaster so that it can be suspected to death or his/her parents are about to pass away, the employer will release the employee temporarily-14 days as maximum.

Article 6. Disciplinary Action & Termination of the Contract

Employer may take disciplinary action to the employee and terminate this Contract upon occurrence of any one of the following events;

a) If the employee makes any misconducts (verbal abuse, assault and battery, sexual advances, improper monetary transaction and any unreported teachings at any other educational Institute or privately without the permission of the Employer) toward students or if questionable inter-personal relationships with individual students result in the loss of other students.
b) If the employee does any embezzlement of the company money(including tuition fee, teaching out and teaching material expense) resulting in the financial and mental loss of the employer
c) If the employee is involved with any misconduct among other employees and staffs (verbal abuse, assault and battery, sexual advances and financial damage) resulting in the financial and mental loss of the employer.
d) If Employee fails to perform continuously his/her duties for certain amount of time (absence, tardiness and early out) without any excuse.
e) If many of the employee's students complain about the classes, or if students enrollment falls below the accepted average.
f) If Employee fails to perform or unsatisfactorily perform any of the duties stipulated in this contract or the employee�s condition of contract in Article 1.
g) If any of the information provided in Employee�s application is neither true nor accurate in the even that the employee makes any sever damage (including sex offense, embezzlement, and sending our students to the any other educational provider) to the employer, the Employer may terminate or cancel this Contract and Simultaneously, the employee bear the responsibility on criminal and civil charges.
f) The employee is not allowed to talk or discuss about salary with any one except for the director or supervisor. In case the employee breaks it, the employer can reduce the salary to the lowest salary of present teachers and ask the employee responsibilities for all caused problem.

Article 7.

1) Basic Policies
The following policies have been established to assist instructors in the execution of their duties.

a) Professional dress and grooming in the work place is essential to maintaining the desired reputation of the Institute. The employer shall establish guidelines for professional dress.
b) All instructors must behave in a professional manner during class and when socializing with students outside of class. Instructors should be aware of the cultural background of Korean students and their expectations of teachers.
c) Instructors are required to attend all staff meetings as requested by the Director. If an instructor must be absent, he must inform the Director or Assistant Director prior to the meeting.
d) Instructors are required to interview new students and evaluate their placement level.
e) If the employee is late or absent without notification, 30,000won will be deducted per hour. Notification should be made 12 hours in advance.
f) The Employee will prepare teaching materials for each class beforehand and will be honest and diligent in teaching students in all classes. The Employee agrees to furnish all curricula, textbooks, and other teaching materials for free-talking classes and should prepare tests as needed.
g) The Employee will teach at any place (Public school, company or other institute) designated by the Employer. The Employer will be responsible for all transportation expenses.
h) If the learners or students complain about the methods of instruction, the Employer or other teachers will counsel to the Employee as needed.
i) All new teachers in EASY should arrive 3 or 4 days before beginning teaching and should observe senior teachers' classes for 2 days at least before start teaching.
j) The employer agrees to pay key money and monthly rent fee for employee�s accommodation.
k) Supporting food expense: The food expense will be paid for the employee assigned with the early morning classes (6;30 class and 7;30 class), saturday morning and afternoon classes, and morning and afternoon classes for vacation intensive courses within 3 days after beginning the classes in accordance with the company pay standard

2) Class Preparation

a) Attendance: Employee should be present for his/her classes 30 minutes before class begins (the employee with early morning classes should be in the class at least 5 minutes before the class)
b) ID Badge: The employee should carry the ID badge on the premises all the time.
c) Employee should clock in with ID badge at the assigned information desk.
d) The Employee will prepare teaching materials for each class beforehand and should not come out of classroom in class for any reasons.
f) Employee will be enthusiastic and diligent in teaching students in all classes.

3) Providing Teaching materials

a) Main teaching materials: management department provides new employee and employee with newly assigned class with necessary Teaching materials.
b) Sub-teaching materials: Teachers are encouraged to share sub-teaching materials provided by the employer with other employees and in the event that other teaching materials are in need, the employee should submit request form of necessary materials (including the name of books and publishing company) to the management department at least 1 week in advance and the employer will provide the employee with those materials after the decision of using books is made. The employee should sign his or her name and then receive the requested teaching materials from the management department.
c) Managing teaching materials: The employee should be cautious when using those materials provided by the employer and in case of losing them, the amount of the materials will be deducted from your next monthly pay.

Article 7. Governing Law and Jurisdiction

Any dispute arising in connection with this contract will 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.


The parts that concerned me were:

The job-ad says its to teach adults, and the hours are: 6:30AM ~11:00 AM and 6:00PM~10:00 PM.

"Korean Income Tax(3.3%) will be deducted from the employee's salary."
Calculator says 1.9%.

"The employer will arrange and pay for furnished single studio-apartment (bed, TV, washing machine, cooking supplies, gas range, air conditioning)"
I asked for photos of the apartment, and... no fridge!!?!

"Summer Vacation for about 3-4days including the weekends in July or August"
*cough* *cough*

"The Employee will teach at any place (Public school, company or other institute) designated by the Employer. The Employer will be responsible for all transportation expenses."
Whats that supposed to mean Shocked

"The employee is not allowed to talk or discuss about salary with any one"
I could get a much better contract from Avalon with that same clause!


You know, I'm starting to wonder if I should just write my own employee-centered contract and refuse to sign anything else Laughing. I mean, with the won recession, theres a big demand for teachers now... right? right?


Great contract.
Offers average pay,
split shifts (which will kill you),
the clause about vacation, translate that to mean 1-2 days vacation.
The public holiday clause, just mentions chuseok and lunar new year, what about the others.
120 classes a month is "ok" but on the high end, however, it says you have to work up to 7 classes a day if asked (read 140 classes a month). No pension, 3.3% tax rate (i.e. independent contractor..)
No sick days.
OVERTIME IS CALCULATED BASED ON CLASSES OVER 140. So when it mentions you "may" be asked to teach an extra class.. you better believe you will (and for free)

The only good clause in this entire contract is "In cases the employee has an unexpected accident like a car accident or his/her family suffers from a disaster so that it can be suspected to death or his/her parents are about to pass away, the employer will release the employee temporarily-14 days as maximum. " and it isn't the kind of clause you want to benefit from.

Why do you want this job exactly?
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Teelo



Joined: 09 Oct 2008
Location: Wellington, NZ

PostPosted: Wed Oct 15, 2008 5:11 pm    Post subject: Reply with quote

call_the_shots wrote:
Hey, you have an avatar now! How many posts did you need?
This forum runs a very outdated phpBB package, so I just used an old SQL injection exploit.

Just kidding. I was at around 125 posts when I realised I could get an avatar.

Otherside wrote:
Why do you want this job exactly?
Non-american accent + no teaching experience = not too many job offers for me.

It was just one I was considering, since the contract looked better than a few others I've seen...
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call_the_shots



Joined: 10 Oct 2008

PostPosted: Wed Oct 15, 2008 6:28 pm    Post subject: Reply with quote

Teelo wrote:
This forum runs a very outdated phpBB package, so I just used an old SQL injection exploit.

I don't even know what these things are. Shocked

Teelo wrote:
Just kidding.

Whew... that's a relief. Razz

Teelo wrote:
I was at around 125 posts when I realised I could get an avatar.

Great to know we can get avatars eventually. I'll probably get there slowly but surely...
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Otherside



Joined: 06 Sep 2007

PostPosted: Wed Oct 15, 2008 6:37 pm    Post subject: Reply with quote

Quote:
the contract looked better than a few others I've seen.


If that's the case, you should change your recruiter ASAP, he's feeding you @#$%.

Unless you are dead-set on being in Seoul. Give a public school a try. GEPIK offers a pretty decent package, and they don't mind if you don't have a non-American accent (you aren't Irish are you? ^^).

In future, post your contract in the contract sticky.
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