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jo3jo3
Joined: 10 Mar 2010
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 Posted: Thu Nov 04, 2010 3:32 pm Post subject: Contract Adivce Asap |
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So I posted my contract for review yesterday in the contract sticky but nobody reviewed it yet for me. I am going to talk with the school again on skype in a couple hours and wanted some tips on the contract. Is there anything I should ask them to change or take out?
Thanks
EMPLOYMENT CONTRACT
This Agreement made and entered into in this,
between KID�S COLLEGE , herein after referred to as �Employer� and , herein after referred to as �Teacher�.
WHEREAS, Employer desires to employ teacher and teacher desires employment at the Language institute known as KID�S COLLEGEu, Seoul, South Korea it is herein agreed as follows:
Period of Employment: One Year
From December , 2010 to December , 2011
JOB DESCRIPTION:
Teacher�s daily working hours shall consist of 9:30am to 7pm on M/W/Friday, 9:30am to 6:30pm on T/Thursday including prep time. Teacher�s responsibilities shall include but not be limited to class preparation, teaching, training new teachers, grading homework, and writing monthly report cards. The employee shall work five (5) calendar days per week, Monday through Friday.
The teacher is expected to be devoted to the Institute for lesson planning with co-teachers, student evaluations, reports, supervision of play, and maintenance of the English environment. The employee is required to dedicate a minimum of one hour each day for lesson preparations.
The teacher is expected to complete 30 hours of in-class teaching each week, or 120 hours of teaching each month. Any teaching hours worked beyond the 30 hour work week (120 hours/month) shall be deemed over time and paid at a rate of 18,000 won per hour.
In addition to the above mentioned, teacher will participate in all promotional events, teacher seminars, open houses, annual events, and advertising events.
Teacher will participate in all promotional events and functions as scheduled by employer. Teacher�s schedule is subject to change upon completion of the promotional phase of their employment. Employer will provide teacher with at least two week�s notice of schedule changes.
Duties:
Duties may include, but are not limited to;
To give lessons according to the curriculum of the institute,
To prepare teaching materials for each English class,
To assist with the development of teaching materials related to English language education,
To attend all teachers� meetings and workshops,
To interview new students for level testing,
To behave in a professional manner during class and when socializing with students outside of class,
To be aware of the cultural background of Korean students and their expectations of teachers, and
To behave according to company policy under the terms of said contract
The Teacher�s duties and responsibilities, as well as the academic programs, may be modified, from time to time, after agreement by both the Teacher and the Institute.
The teacher may work longer than the usual working hours during the summer and winter vacation. Due to the way the Korean education system works, this schedule is unavoidable.
Behavior
Teacher shall conduct themselves in a professional manner at all times. Teacher shall obey all laws and ordinances of Korean Law and company policy. Teacher is to at all times during working hours be properly dressed. The institution does not allow extreme hair styles, the wearing of revealing clothes and excessive make up. Conducting of classes while under the influence of alcohol or controlled substance is prohibited and means for immediate dismissal. The use of profanity at any time while at the institute or while conducting classes are grounds for immediate dismissal.
Dual Employment Prohibition:
The Teacher, after signing the agreement and receiving a work visa, can only legally work for an Institute designated by the Institute. If the Teacher works for any other institutes, companies, or individuals without the written consent of the Institute and the Korean Immigration Office, the Teacher shall face legal consequences which may include a fine and possible deportation.
Performance Evaluations:
The Teacher will be evaluated monthly by written by his/her supervisor. The Institute has the right to determine if a performance appraisal is needed on a monthly basis or more frequently. The evaluation will include a review of the Teacher�s job qualifications and performance; the quality of his/her work; knowledge of his/her job, job skills, and attitude toward job; working relations with co-workers, students and parents; initiative, attendance, punctuality, and/or disciplinary record. The review is designed to provide both the Teacher and his/her supervisors with time to discuss his/her strengths, weaknesses, career objectives and other concerns.
Confidentiality:
The Teacher hereby agrees covenants and undertakes that he/she will not disclose any information related to the Teacher�s employment conditions to others, any teaching materials, or any information related to the academic program, whether verbally or written, to individuals or corporate entities.
All teaching materials including any books, textbooks and teaching resources, given to the Teacher by the Institute and reference materials prepared for the classes, by the Teacher, should be returned afterwards. The Teacher must not take out or use these materials for any purpose but for teaching at the Institute.
All materials and information produced during the period of employment are made property of the Institute.
Monthly Salary
The Institute will pay the Teacher a total monthly base salary of
2.1mil Korean won. The monthly salary is based on the monthly teaching session. Teacher�s salary shall be paid on or about the 10th of the month for employment services provided. In the event the 10th shall fall on a weekend/holiday, salaries will be paid on the next business day. Korean income taxes(3.3%), Medical Insurance, and Korean National Pension Scheme deductions will be withheld.
When a teacher has not worked a full month, the salary for that month shall be paid on a pro rated daily basis.
Payment made for assigned classes is inclusive of payment for preparation, training and administrative duties connected with those assigned classes.
Pension Plan
In accordance with the Korean Law, all foreign workers employed by
Korean business shall pay into the Korean National Pension plan at a rate
stipulated by the Korean National Pension Law (approx 4.5%) deducted
from monthly earnings with the equal contribution matched by the
Employer. Refund of the National Pension to a teacher who becomes a
compulsorily insured Teacher, where the Pension Act of the Employee�s
home country provides the benefit corresponding to the lump-sum refund
of the National Pension Plan, the lump-sum refund of this plan will be
paid in full to the Employee, according to Korean Law.
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 half by the Institute and the Teacher. Employer will pay 50% of health insurance costs.
Severance Pay:
Upon completion of the employment contract with employer, employee will be given an additional one month�s salary. Korean severance tax will be withheld. This payment is made at the time of termination of employment, including any classes subsequent to that covered under this agreement.
Tardiness:
Teachers late for work shall have their wages reduced accordingly. In the event the teacher is late for 20 or more minutes teacher shall be penalized for one hour. In the event the teacher is late 3 or more times a written reprimand shall be issued.
Housing:
The institute will provide furnished living accommodations.
I. Single housing or apartment will be supplied by the institute.
II. In the event accommodations are share institute will provide the teacher with his/her own room with the exception of couple housing.
III. At not time will the teacher be permitted share or sublease his/her apartment.
IV. Furnishing will include refrigerator, washing machine, wardrobe, range, bed, bedding and some cooking utensils.
Teacher is responsible for any and all utility bills such as gas, water, electricity and internet access.
In the event damages are due to the negligence of the teacher, teacher shall be responsible for the cost of repairs. Any and all furnishing provided by the institute will remain the property of the institute. Upon completion of the teachers contract all items provided must be accounted for. Missing or damaged items will be charged to the teacher. In the event teacher�s employment is terminated prior to the completion of said contract, teacher shall have 24 hours to vacate his/her apartment.
Holidays/Vacation/Sick days:
Teacher is entitled to all national holidays.
Vacation: Teacher is entitled to 10 paid vacation days per year. Vacation days will be divided into 5 days in the summer and winter. The vacation days will be determined by the employer.
Sick days: In the event the teacher is found to have falsely claimed illness, the teacher will be immediately dismissed and double the wages will be deducted from the teacher�s monthly salary.
Emergency leave:
Emergency Leave is only applicable in cases of natural disaster, hospitalization, death of immediate family members, fire, accident or other emergency situations that have been acknowledged as such by the Institute. Notification of Emergency Leave should be given three(3) hours in advance of the classes the Teacher expects to miss.(This might be impossible in certain situations.)
The teacher may take a number of days(inclusive of a National Holiday, Saturday and Sunday) as set forth below for each of the following events :
Seven (5) calendar days for the teacher� marriage;
Seven (5) calendar days for the death of the teacher� parent or spouse;
Seven (5) calendar days for the death of the teacher� brother or sister; and
If the Teacher is absent for two or more consecutive class days without proper notification and authorization, he or she shall be deemed to have voluntarily resigned. However, even if the Teacher provides notification of his or her absence, the Institute has the ultimate right to determine if the reason given justifies the absence.
Transportation:
Employer will provide teachers with one way economy class ticket from teacher�s location to Korea prior to departure. If the teacher fails to complete the term of the contract, airfare will be deducted from teacher�s monthly salary. Upon completion of the term of contract, employer will provide a one way economy class ticket for teacher�s return flight home. The destination will be the closest major airport to the teacher�s home. If the teacher fails to complete the term of said contract, the cost for teacher�s airfare shall be deducted from teacher�s last month salary.
If teacher is hired within Korea, the cost for visa trip shall be paid for by the employer. If the teacher fails to complete the terms of said contract, the cost for the visa trip shall be deducted from teacher�s monthly salary.
If the teacher leaves the school before six (6) months, the teacher must payback the recruiting fee and payback which the school spend money for hiring the teacher, and initial airfare or the school may deduct the amount of airfare and the recruiting fee from the teacher's last payment .
In the event the teacher fails to complete his/her obligation of the contract, teacher shall reimburse the employer to any and all costs incurred pertaining to the transportation and visa fees.
Medical Checks: (As required by Korean Immigration Law)
The teacher agrees and is otherwise aware that Korean Immigration requires all teachers to conduct a brief medical check at a designated clinic upon arrival. This medical check is in place to ensure the teacher does not have any health related issues that may be dangerous and/or detrimental to others. The check will also determine whether or not the teacher has any traces of illegal narcotics in their system. The teacher is aware that failing to meet the Korean Immigration E2 medical check requirements will result in a cancelled work visa. Teacher hereby agrees to take full responsibility for failing to pass the medical check and assumes all financial responsibilities associated with a failed medical exam. Teacher hereby agrees to reimburse the school for their airfare to Korea and understands that the school bares no responsibility for covering the costs of returning the teacher to their country of citizenship.
Termination:
The institute has the right to immediately terminate teacher�s employment for the below listed reasons. In the event teacher�s employment is terminated no severance pay shall be paid. In addition to teacher shall reimburse employer for any and all costs incurred due to teacher�s actions. Visa trip or airfare shall also be deducted from teacher�s monthly salary.
Teacher displays blatant misconduct by breeching any of the terms set forth here in this agreement:
Arriving to work under the influence of alcohol or controlled substance;
Sexual misconduct towards a student;
Two consecutive days of unexcused absence from work;
Teacher�s health prohibits teacher from fully performing his/her duties either physically or mentally;
Breech of paragraph 5 of said contract;
Engaging in any illegal activities or criminal behavior;
Teacher displays any act of insubordination;
Additional causes for termination:
Continued defamation of the institute;
Teacher has received 2 reprimands within a 60 day period;
Habitual tardiness;
If written warnings are issued to the teacher, teacher shall be placed on administration probation. Employer reserves the right to terminate teacher�s employment without advance notice during the administrative probation.
In the event the teacher wishes to voluntarily terminate his/her employment, 60 days notice must be given in writing. No severance pay or airfare shall be given in an event such as this.
Commercial Rights:
Employer reserves the right to use any and all materials produced by the teacher for commercial purposes. Materials shall include but not be limited to photos, videos, voice recordings, and teaching materials produced.
Applicable Laws:
This agreement is subject to the interpretation of the laws of the Korea. Any and all disputes shall fall under the jurisdiction of the Korea. In the event the teacher leaves the country during any legal process, the employer reserves the right to litigate with in the teacher�s home country or current country of residence. Employer reserves the right to litigate any claims for damages against the teacher in teacher�s native country should teacher reside outside the jurisdiction of Korea.
Sole and Entire agreement:
This agreement shall be the sole and entire agreement between the two parties named above. Both parties acknowledge all the terms set forth in said agreement. Agreement is binding between said parties. This agreement shall be in effect upon execution by both parties.
IN WITNESS WHEREOF, The Employer and the Employee have each duly executed this Agreement on the dates set forth below their respective signatures.
Employer:
Name of Institute:
Date
Employee: ______________________
Teacher� Name:
Date:
HOUSING CONTRACT
This agreement between KID�S COLLEGE and _____ ______ is concerned with housing for teachers employed by KID�S COLLEGE. KID�S COLLEGE does not require that its teachers live in this housing. Teachers who choose to provide their own accommodations will be given a 300,000 won monthly housing allowance. Teachers choosing to live in housing provided by KID�S COLLEGE will be required to leave a 400,000 won deposit with KID�S COLLEGE to cover any damage to the apartment, cleaning bills or unpaid utility bills left by the teacher when the apartment is vacated. A 50,000 won deduction will be made should the apartment need additional cleaning. The teacher will be required to pay the full amount of this deposit within the first 2 months of employment. . Teacher gets the remaining amount of the deposit back once their contract is completed.
The apartment will be single for one Employee. The apartment must be kept clean and the appliances maintained in good working order. Employees should report malfunctioning appliances or apartment damage to their supervisor as soon as possible. The apartment will be furnished with following: bed, cooking stove, refrigerator, hot & cold running water for bathing, a western style toilet, air conditioner, and washing machine. (Meals, utilities, telephone and incidental expenses are the sole responsibility of the Employee) The Employee will be responsible for costs resulting from willful damage or neglect of said furniture and appliances as provided by Employer.
If, for any reason, the Employee ceases to be employed by KID�S COLLEGE, the Employee will be given 24 hours in which to vacate the apartment. The Employee must set up an appointment with the manager of teachers to inspect the apartment prior to moving out, in order to establish the condition of the apartment. The information from this inspection will be used when calculating the amount of the housing deposit to be returned to the teacher. If the apartment requires cleaning or repair, these costs will be deducted from the teacher's deposit.
Signature (Employee) ________________ Date _______________2010
Signature (Employer) Date 2010 |
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kardisa
Joined: 26 Jun 2009
Location: Masan
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| Posted: Thu Nov 04, 2010 3:48 pm Post subject: Re: Contract Adivce Asap |
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I've commented on the portions of the contract that I think are problematic. Some of the older users will be able to provide more advice. For what it's worth, I've heard nothing but bad things about Kid's College, so I would decline this contract on reputation alone. Also, the fact that they're blatantly trying to screw you on the tax rate is not a good sign.
| jo3jo3 wrote: |
EMPLOYMENT CONTRACT
This Agreement made and entered into in this,
between KID�S COLLEGE , herein after referred to as �Employer� and , herein after referred to as �Teacher�.
WHEREAS, Employer desires to employ teacher and teacher desires employment at the Language institute known as KID�S COLLEGEu, Seoul, South Korea it is herein agreed as follows:
Period of Employment: One Year
From December , 2010 to December , 2011
JOB DESCRIPTION:
Teacher�s daily working hours shall consist of 9:30am to 7pm on M/W/Friday, 9:30am to 6:30pm on T/Thursday including prep time. Teacher�s responsibilities shall include but not be limited to class preparation, teaching, training new teachers, grading homework, and writing monthly report cards. The employee shall work five (5) calendar days per week, Monday through Friday.
The teacher is expected to be devoted to the Institute for lesson planning with co-teachers, student evaluations, reports, supervision of play, and maintenance of the English environment. The employee is required to dedicate a minimum of one hour each day for lesson preparations.
The teacher is expected to complete 30 hours of in-class teaching each week, or 120 hours of teaching each month. Any teaching hours worked beyond the 30 hour work week (120 hours/month) shall be deemed over time and paid at a rate of 18,000 won per hour.
In addition to the above mentioned, teacher will participate in all promotional events, teacher seminars, open houses, annual events, and advertising events.
How often? Will these be held on weekends?
Teacher will participate in all promotional events and functions as scheduled by employer. Teacher�s schedule is subject to change upon completion of the promotional phase of their employment. Employer will provide teacher with at least two week�s notice of schedule changes.
Duties:
Duties may include, but are not limited to;
To give lessons according to the curriculum of the institute,
To prepare teaching materials for each English class,
To assist with the development of teaching materials related to English language education,
To attend all teachers� meetings and workshops,
To interview new students for level testing,
To behave in a professional manner during class and when socializing with students outside of class,
To be aware of the cultural background of Korean students and their expectations of teachers, and
To behave according to company policy under the terms of said contract
The Teacher�s duties and responsibilities, as well as the academic programs, may be modified, from time to time, after agreement by both the Teacher and the Institute.
The teacher may work longer than the usual working hours during the summer and winter vacation. Due to the way the Korean education system works, this schedule is unavoidable.
Behavior
Teacher shall conduct themselves in a professional manner at all times. Teacher shall obey all laws and ordinances of Korean Law and company policy. Teacher is to at all times during working hours be properly dressed. The institution does not allow extreme hair styles, the wearing of revealing clothes and excessive make up. Conducting of classes while under the influence of alcohol or controlled substance is prohibited and means for immediate dismissal. The use of profanity at any time while at the institute or while conducting classes are grounds for immediate dismissal.
Dual Employment Prohibition:
The Teacher, after signing the agreement and receiving a work visa, can only legally work for an Institute designated by the Institute. If the Teacher works for any other institutes, companies, or individuals without the written consent of the Institute and the Korean Immigration Office, the Teacher shall face legal consequences which may include a fine and possible deportation.
Performance Evaluations:
The Teacher will be evaluated monthly by written by his/her supervisor. The Institute has the right to determine if a performance appraisal is needed on a monthly basis or more frequently. The evaluation will include a review of the Teacher�s job qualifications and performance; the quality of his/her work; knowledge of his/her job, job skills, and attitude toward job; working relations with co-workers, students and parents; initiative, attendance, punctuality, and/or disciplinary record. The review is designed to provide both the Teacher and his/her supervisors with time to discuss his/her strengths, weaknesses, career objectives and other concerns.
Confidentiality:
The Teacher hereby agrees covenants and undertakes that he/she will not disclose any information related to the Teacher�s employment conditions to others, any teaching materials, or any information related to the academic program, whether verbally or written, to individuals or corporate entities.
All teaching materials including any books, textbooks and teaching resources, given to the Teacher by the Institute and reference materials prepared for the classes, by the Teacher, should be returned afterwards. The Teacher must not take out or use these materials for any purpose but for teaching at the Institute.
All materials and information produced during the period of employment are made property of the Institute.
Monthly Salary
The Institute will pay the Teacher a total monthly base salary of
2.1mil Korean won. The monthly salary is based on the monthly teaching session. Teacher�s salary shall be paid on or about the 10th of the month for employment services provided. In the event the 10th shall fall on a weekend/holiday, salaries will be paid on the next business day. Korean income taxes(3.3%), Medical Insurance, and Korean National Pension Scheme deductions will be withheld.
Your taxes should not be that high. They should be in the neighborhood of 1.6%-2.0%.
When a teacher has not worked a full month, the salary for that month shall be paid on a pro rated daily basis.
Payment made for assigned classes is inclusive of payment for preparation, training and administrative duties connected with those assigned classes.
Pension Plan
In accordance with the Korean Law, all foreign workers employed by
Korean business shall pay into the Korean National Pension plan at a rate
stipulated by the Korean National Pension Law (approx 4.5%) deducted
from monthly earnings with the equal contribution matched by the
Employer. Refund of the National Pension to a teacher who becomes a
compulsorily insured Teacher, where the Pension Act of the Employee�s
home country provides the benefit corresponding to the lump-sum refund
of the National Pension Plan, the lump-sum refund of this plan will be
paid in full to the Employee, according to Korean Law.
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 half by the Institute and the Teacher. Employer will pay 50% of health insurance costs.
Severance Pay:
Upon completion of the employment contract with employer, employee will be given an additional one month�s salary. Korean severance tax will be withheld. This payment is made at the time of termination of employment, including any classes subsequent to that covered under this agreement.
Tardiness:
Teachers late for work shall have their wages reduced accordingly. In the event the teacher is late for 20 or more minutes teacher shall be penalized for one hour. In the event the teacher is late 3 or more times a written reprimand shall be issued.
Housing:
The institute will provide furnished living accommodations.
I. Single housing or apartment will be supplied by the institute.
II. In the event accommodations are share institute will provide the teacher with his/her own room with the exception of couple housing.
Just say no. You should demand single housing, with no exceptions.
III. At not time will the teacher be permitted share or sublease his/her apartment.
IV. Furnishing will include refrigerator, washing machine, wardrobe, range, bed, bedding and some cooking utensils.
Teacher is responsible for any and all utility bills such as gas, water, electricity and internet access.
No a/c? You're in for a miserable summer, my friend. 
In the event damages are due to the negligence of the teacher, teacher shall be responsible for the cost of repairs. Any and all furnishing provided by the institute will remain the property of the institute. Upon completion of the teachers contract all items provided must be accounted for. Missing or damaged items will be charged to the teacher. In the event teacher�s employment is terminated prior to the completion of said contract, teacher shall have 24 hours to vacate his/her apartment.
Holidays/Vacation/Sick days:
Teacher is entitled to all national holidays.
Vacation: Teacher is entitled to 10 paid vacation days per year. Vacation days will be divided into 5 days in the summer and winter. The vacation days will be determined by the employer.
Sick days: In the event the teacher is found to have falsely claimed illness, the teacher will be immediately dismissed and double the wages will be deducted from the teacher�s monthly salary.
Emergency leave:
Emergency Leave is only applicable in cases of natural disaster, hospitalization, death of immediate family members, fire, accident or other emergency situations that have been acknowledged as such by the Institute. Notification of Emergency Leave should be given three(3) hours in advance of the classes the Teacher expects to miss.(This might be impossible in certain situations.)
The teacher may take a number of days(inclusive of a National Holiday, Saturday and Sunday) as set forth below for each of the following events :
Seven (5) calendar days for the teacher� marriage;
Seven (5) calendar days for the death of the teacher� parent or spouse;
Seven (5) calendar days for the death of the teacher� brother or sister; and
If the Teacher is absent for two or more consecutive class days without proper notification and authorization, he or she shall be deemed to have voluntarily resigned. However, even if the Teacher provides notification of his or her absence, the Institute has the ultimate right to determine if the reason given justifies the absence.
Transportation:
Employer will provide teachers with one way economy class ticket from teacher�s location to Korea prior to departure. If the teacher fails to complete the term of the contract, airfare will be deducted from teacher�s monthly salary. Upon completion of the term of contract, employer will provide a one way economy class ticket for teacher�s return flight home. The destination will be the closest major airport to the teacher�s home. If the teacher fails to complete the term of said contract, the cost for teacher�s airfare shall be deducted from teacher�s last month salary.
I believe that the norm is to not have to pay back your ticket to Korea if you work more than 6 months. I would ask to have this changed.
If teacher is hired within Korea, the cost for visa trip shall be paid for by the employer. If the teacher fails to complete the terms of said contract, the cost for the visa trip shall be deducted from teacher�s monthly salary.
If the teacher leaves the school before six (6) months, the teacher must payback the recruiting fee and payback which the school spend money for hiring the teacher, and initial airfare or the school may deduct the amount of airfare and the recruiting fee from the teacher's last payment .
This entire statement is crap. Have it removed. You should not have to pay recruiter fees.
In the event the teacher fails to complete his/her obligation of the contract, teacher shall reimburse the employer to any and all costs incurred pertaining to the transportation and visa fees.
Medical Checks: (As required by Korean Immigration Law)
The teacher agrees and is otherwise aware that Korean Immigration requires all teachers to conduct a brief medical check at a designated clinic upon arrival. This medical check is in place to ensure the teacher does not have any health related issues that may be dangerous and/or detrimental to others. The check will also determine whether or not the teacher has any traces of illegal narcotics in their system. The teacher is aware that failing to meet the Korean Immigration E2 medical check requirements will result in a cancelled work visa. Teacher hereby agrees to take full responsibility for failing to pass the medical check and assumes all financial responsibilities associated with a failed medical exam. Teacher hereby agrees to reimburse the school for their airfare to Korea and understands that the school bares no responsibility for covering the costs of returning the teacher to their country of citizenship.
Termination:
The institute has the right to immediately terminate teacher�s employment for the below listed reasons. In the event teacher�s employment is terminated no severance pay shall be paid. In addition to teacher shall reimburse employer for any and all costs incurred due to teacher�s actions. Visa trip or airfare shall also be deducted from teacher�s monthly salary.
Teacher displays blatant misconduct by breeching any of the terms set forth here in this agreement:
Arriving to work under the influence of alcohol or controlled substance;
Sexual misconduct towards a student;
Two consecutive days of unexcused absence from work;
Teacher�s health prohibits teacher from fully performing his/her duties either physically or mentally;
Breech of paragraph 5 of said contract;
Engaging in any illegal activities or criminal behavior;
Teacher displays any act of insubordination;
Additional causes for termination:
Continued defamation of the institute;
Teacher has received 2 reprimands within a 60 day period;
Habitual tardiness;
If written warnings are issued to the teacher, teacher shall be placed on administration probation. Employer reserves the right to terminate teacher�s employment without advance notice during the administrative probation.
In the event the teacher wishes to voluntarily terminate his/her employment, 60 days notice must be given in writing. No severance pay or airfare shall be given in an event such as this.
Commercial Rights:
Employer reserves the right to use any and all materials produced by the teacher for commercial purposes. Materials shall include but not be limited to photos, videos, voice recordings, and teaching materials produced.
Applicable Laws:
This agreement is subject to the interpretation of the laws of the Korea. Any and all disputes shall fall under the jurisdiction of the Korea. In the event the teacher leaves the country during any legal process, the employer reserves the right to litigate with in the teacher�s home country or current country of residence. Employer reserves the right to litigate any claims for damages against the teacher in teacher�s native country should teacher reside outside the jurisdiction of Korea.
Sole and Entire agreement:
This agreement shall be the sole and entire agreement between the two parties named above. Both parties acknowledge all the terms set forth in said agreement. Agreement is binding between said parties. This agreement shall be in effect upon execution by both parties.
IN WITNESS WHEREOF, The Employer and the Employee have each duly executed this Agreement on the dates set forth below their respective signatures.
Employer:
Name of Institute:
Date
Employee: ______________________
Teacher� Name:
Date:
HOUSING CONTRACT
This agreement between KID�S COLLEGE and _____ ______ is concerned with housing for teachers employed by KID�S COLLEGE. KID�S COLLEGE does not require that its teachers live in this housing. Teachers who choose to provide their own accommodations will be given a 300,000 won monthly housing allowance. Teachers choosing to live in housing provided by KID�S COLLEGE will be required to leave a 400,000 won deposit with KID�S COLLEGE to cover any damage to the apartment, cleaning bills or unpaid utility bills left by the teacher when the apartment is vacated. A 50,000 won deduction will be made should the apartment need additional cleaning. The teacher will be required to pay the full amount of this deposit within the first 2 months of employment. . Teacher gets the remaining amount of the deposit back once their contract is completed.
I personally would not sign a contract that includes a deposit. The chances of your getting that money returned from a hagwon are not exactly good.
The apartment will be single for one Employee. The apartment must be kept clean and the appliances maintained in good working order. Employees should report malfunctioning appliances or apartment damage to their supervisor as soon as possible. The apartment will be furnished with following: bed, cooking stove, refrigerator, hot & cold running water for bathing, a western style toilet, air conditioner, and washing machine. (Meals, utilities, telephone and incidental expenses are the sole responsibility of the Employee) The Employee will be responsible for costs resulting from willful damage or neglect of said furniture and appliances as provided by Employer.
So you will get single housing? I would still have the "In the event accommodations are shared" clause removed from the Housing portion of the main contract, just in case.
If, for any reason, the Employee ceases to be employed by KID�S COLLEGE, the Employee will be given 24 hours in which to vacate the apartment. The Employee must set up an appointment with the manager of teachers to inspect the apartment prior to moving out, in order to establish the condition of the apartment. The information from this inspection will be used when calculating the amount of the housing deposit to be returned to the teacher. If the apartment requires cleaning or repair, these costs will be deducted from the teacher's deposit.
Signature (Employee) ________________ Date _______________2010
Signature (Employer) Date 2010 |
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jo3jo3
Joined: 10 Mar 2010
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| Posted: Thu Nov 04, 2010 4:34 pm Post subject: |
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Thanks for your help!
I sent an email off to my recruiter with some notes on the contract, I pretty much took your advice on things. The response I got from the recruiter was that it probably can't be changed at all but would send it to the school to look at. She almost seemed annoyed with me for questioning things and saying I can't accept it if they are not willing to make some minor adjustments even to the contract. |
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Carla
Joined: 21 Nov 2008
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| Posted: Thu Nov 04, 2010 5:26 pm Post subject: |
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| jo3jo3 wrote: |
Thanks for your help!
I sent an email off to my recruiter with some notes on the contract, I pretty much took your advice on things. The response I got from the recruiter was that it probably can't be changed at all but would send it to the school to look at. She almost seemed annoyed with me for questioning things and saying I can't accept it if they are not willing to make some minor adjustments even to the contract. |
You do not want to get stuck with a bad contract. I had a standard form contract. It talked about single or double housing. I knew I was the only foreign teacher at the school, but I took that out of the contract. I changed my contract a lot (but only things that were completely necessary and legal and deal-breakers) and sent it back.
If they would have told me know, I wouldn't have signed. It's hard enough to enforce a good contract if you end up at a bad school, but if you start out with a bad contract, run.
I am at a great school. I love it. The only thing "weird" that I put in my contract was that if my employer failed to perform any part of his contract, then I could cancel the contract and I would not owe the initial plane ticked cost. That was in case I got there and he didn't pay for my insurance, pension, etc. That clause was pushing it, but he agreed. After all, if he planned on living up to his contract, he wouldn't have anything to worry about. |
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louiloui
Joined: 14 Oct 2008
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| Posted: Thu Nov 04, 2010 5:44 pm Post subject: |
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This is a bad contract. You should decline and keep looking. These are some of the main problems I can see.
1. What exactly is 1 teaching hour?
2. 9:30-7 and 9:30-6:30 are terrible hours. Is there a break where you can go home?
3. "The teacher may work longer than the usual working hours during the summer and winter vacation. Due to the way the Korean education system works, this schedule is unavoidable." Exactly how much longer and for how many days? For how much extra money?
4. "Seven (5) calendar days for the teacher� marriage;
Seven (5) calendar days for the death of the teacher� parent or spouse;
Seven (5) calendar days for the death of the teacher� brother or sister; and"
Seven is not (5).
5. "Teacher displays any act of insubordination;" You do not want this in your contract. Honestly, odds are that there will be at least one time where you disagree or have an issue with your employer. You don't want that being grounds for being immediately fired. |
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jo3jo3
Joined: 10 Mar 2010
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| Posted: Thu Nov 04, 2010 5:50 pm Post subject: |
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So after talking with the school on skype a few minutes ago, they basically said no, they can't make any changes. I said that I would not accept it if that were the case and they told me they would discuss the contract and then contact my recruiter.
I don't feel im being too demanding. I am pushing to know if the "events" that I'll be required to work are on weekends and how often. If the vacation will be consecutive days or single days spread out across the winter/summer. And I wanted them to change the housing so it was clear that it was single housing and A/C in both the housing portions of the contract.
I'm not too worried about the tax, I can live with that if they refuse to change it, maybe their reason is legitimate, something we just don't know.
The housing deposit is what really worries me. If they change some of the other things but won't budge on this should I pass? Or is this not that big of deal? |
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Morticae
Joined: 06 May 2010
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| Posted: Thu Nov 04, 2010 5:57 pm Post subject: |
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I work in public school, I had to pay a housing deposit of 400,000 or 500,000 my first paycheck.
I think it is probably somewhat common these days. The only worry is getting the money back, but I'm not sure it should be a deal breaker concern. |
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Carla
Joined: 21 Nov 2008
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| Posted: Thu Nov 04, 2010 6:02 pm Post subject: |
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| jo3jo3 wrote: |
| The housing deposit is what really worries me. If they change some of the other things but won't budge on this should I pass? Or is this not that big of deal? |
| Morticae wrote: |
I work in public school, I had to pay a housing deposit of 400,000 or 500,000 my first paycheck.
I think it is probably somewhat common these days. The only worry is getting the money back, but I'm not sure it should be a deal breaker concern. |
You have bad schools, and you have bad teachers. Some teachers have left the schools owing bills for different things, and so if the school has been burned, they are going to require a housing deposit. It's up to you if you are willing to do that or not. For me, it would probably depend on how much of a deposit they would require. |
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Kissmykimchi
Joined: 25 May 2010
Location: Seoul
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PigeonFart
Joined: 27 Apr 2006
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| Posted: Thu Nov 04, 2010 8:18 pm Post subject: |
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| Tell us how all this pans out. I'd be interested to see how the school responds to your demands. |
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northway
Joined: 05 Jul 2010
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| Posted: Thu Nov 04, 2010 9:52 pm Post subject: |
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| That's basically the job I have and I find it pretty painless, generally speaking. There was the recent thing where teachers are being required to come in for an overnight this weekend, but I have a similar weekends clause in my contract that has only come up three or four times in fourteen months at the same school. |
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