Korean Job Discussion Forums

[whiteshirtredtie]

Hello!
I recently signed a contract with a small hagwon in Cheonan and I'm currently awaiting my visa. However, the teacher I've been in contact with (the one I'm supposed to replace) just sent me an email saying that she hasn't received her pay and the director is now refusing to speak with her. Also, apparently the director only paid the pension once in the six months the teacher has been there, but she (the teacher) is only finding this out now. So she's advising I don't come there anymore.

The contract has been signed and the visa is on its way, but I don't have a plane ticket yet. What should I do in this case? Can I renege on the contract and not go?

[ajosshi]

[shifty]

[whiteshirtredtie]

I'm really unsure what to do. The teacher I've been talking to has been very good about answering all my questions, but she unexpectedly has to return home to the US for some reason.
I'd have to wait a whole year for the visa to expire. Here's my contract:


Employment Contract

This labor contract is made and entered into as of April 29, 2011 by and between ..., herein referred to as the �employer�, and ... herein referred to as the �employee�.


Article 1 Contract Term

1.01 This labor contract will commence on May 20th, 2011 and terminate on May 18, 2012.

1.02 The employee shall work as well as participate in work related activities for the employer when Korean Immigration Officials have issued the employee the appropriate work visa.


Article 2 Work Hours

2.01 The employee will work from 2:30pm until 9:30pm unless mutually agreed upon otherwise by both parties.

2.02 The employee will work a maximum of 35 hours per week as a full-time employee.

2.03 Employee will work Monday through Friday excluding Saturday, Sunday, Korean National Holidays, and annual leave days.

2.04 A work hour will consist of classes 60 minutes in length and preparation between classes.

2.05 The employee may not work outside the place of employment without permission from the employer and Korean Immigration Officials.


Article 3 Job Duties

3.01 The employee must interact in a professional manner with students, teachers, and parents.

3.02 The employee shall spend a minimum of 30 minutes in class preparation before the first class worked.

3.03 The employee will wear clean clothing while casual clothing is acceptable excluding shorts, and clothes with holes in them. Business casual dress is preferred.


Article 4 Wages

4.01 The employer will pay the employee a monthly salary of 2,100,000 Korean won on the 20th of each month throughout the contract term. After 6 months of employment, if agreed upon by both the employer and employee, the monthly salary will increase to 2,200,000 Korean Won.

4.02 In addition to, the employee will be paid the last working months salary upon completion of the contract term.


Article 5 Pay Receipt

5.01 That the employer agrees to provide the employee with a pay receipt on payday stating the nature and amount of all deductions, taxes and salary.


Article 6 Overtime

6.01 Overtime hours offered in excess of 35 hour work week will be paid at a rate of 22,000 Korean Won per hour.

6.02 The employee can reject requests to work overtime hours from the employer without being subjected to punitive measures or dismissal.


Article 7 Tax

7.01 the employer shall make deductions from the employee�s monthly salary for monthly withholding taxes according to Korean Tax Laws.


Article 8 Severance Pay

8.01 Upon the completion of this contract, the employee is to be paid a severance payment as a completion bonus, which is equivalent to one months salary.


Article 9 National Health Insurance Plan

9.01 The employer shall enroll the employee into the National Health Insurance Plan.

9.02 Monthly contributions will be fifty percent (50%) by the employer and fifty percent (50%) by the employee.

9.03 Employer agrees to provide the employee with a health insurance card within thirty (30) calendar days of the employee�s entry into Korea.


Article 10 National Pension Plan

10.1 The employer shall pay fifty percent (50%) of the National Pension Plan and the employee will pay an equal amount that will be deducted from the employee�s monthly salary to be paid to the appropriate agency by the employer.


Article 11 Vacation

11.1 The employee will be entitled to five (5) consecutive days of annual leave in the summer and five (5) consecutive days of annual leave in the winter.

11.2 Annual leave will exclude Saturday, Sunday and Korean National Holidays.

11.3 The employee will observe all Korean National Holidays throughout the contract term. No deductions in pay will occur from the employee�s monthly salary.


Article 12 Airfare

12.1 Upon completion of the labor contract, the employer will provide the employee with a one way airline ticket to the country of origin; �point of hire�.

12.2 If the employee decides to leave the school before the first 3 months of the contract, the said employee will refund the school for the cost of the airline ticket.


Article 13 Housing

13.1 The employer shall provide the employee housing with rent for a furnished single apartment.

13.2 Furnishings provided by the employer will include a bed, washing machine, air conditioner, stove and refrigerator.

13.3 The employee will be liable for the cost of repairs or replacement to furniture damages as a result of negligence.

13.4 Where used furnishings are provided, the employee will not be responsible for replacement of the said furnishings and equipment due to wear and tear from normal use.

13.5 Utilities to be paid by the employee will include electricity, gas, water, and internet. These may be submitted to the employer for assistance in payment.




In witness thereof, both parties have affixed their signatures below:

Employer Name:________________________________
Employer Signature: _____________________________
Date:__________________________________________


Employee Name:_______________________________
Employee Signature:____________________________
Date:_________________________________________

[CtotheB]

Hopefully someone will correct me if I'm wrong, but I believe until you get your ARC card you're in the clear, nothing has been signed yet so there's no documentation in Korea, so you're okay.

That said, the contract you posted looks pretty good, in my opinion, but the whole "not paying" thing is bad juju. Can you get in contact with her again in some way? Try and find out why they aren't paying her, I guess.

[Hokie21]

Of course she's been very helpful in answering your questions, you're her replacement, as soon as you get over there she can bolt!

[thegadfly]

That contract, while not the greatest I have seen, is at least a lot clearer than many I have encountered, and includes some additional vacation time, which isn't very common for hakwons....

There exists the possibility that the teacher leaving has an axe to grind, and is trying to screw the school over by having her replacement bail. This teacher might be lying now, or may indeed be telling the truth, as she sees it...but the fact is, there are two sides to every story.

I'd talk to someone else at the school before ducking out, especially this far into the process. The salary and number of hours are not the greatest, but the vacation, set schedule, and awareness that went into making a clearer contract are postive things, in my opinion. It is worth, at least, confirming the things that this teacher is saying now....

I'm not saying to take the job without checking things out -- just saying that there exists the possibility that this sudden change in attitude might not be completely innocent on the teacher's part, and completely sinsiter on the hakwon's part.

...and yes, I have heard bitter teachers lying about a job, just to try to screw a school over. It has happened to me, and it has happened around me....

[Knucklehead]

Is the boss' name Toben?