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JaphieR
Joined: 17 Apr 2004
Location: Bundang
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 Posted: Mon Apr 19, 2004 5:58 pm Post subject: ECC Gangseo Seoul |
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I'm being told to sign this contract right away. I said "I'm going to have to take a closer look at this contract before I sign it." Her reply was "its best to sign it right away and fax it to me"
I don't think so.
Here is the contract
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1. Employee accepts employment from employer to teach the English Language under terms and conditions set forth here in this agreement for a period of twelve full and consecutive teaching sessions. Employment commences from the first day of orientation ( t,2004) and finished on the last teaching day of the last teaching session covered under this agreement.
2. Duties
2.1 During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer. The minimum teaching requirement is 120 actual teaching hours per session. Monday through Friday are teaching days except for scheduled public holidays and vacation days.
2.2 Total teaching periods in excess of the minimum requirements is calculated each session as overtime payment.
2.3 Payment made for assigned teaching periods is inclusive of payment for preparation and administrative duties connected with those assigned classes. Employee agrees to take orientation and training, attend meetings and workshops scheduled by employer with no extra pay.
2.4 At all time during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.
3. Compensation and Other Treatment of Employee
3.1 Salary : Except for the period of orientation and training, employer will pay employee for the minimum teaching requirement mentioned above the amount of 1,900,000 Won for each month of this agreement. Overtime payment is made at the rate of 18,000 Won/actual teaching hour. Teaching salary will commence from the first day of teaching. When an employee is absent from scheduled teaching duties salary will be deducted accordingly. Korean income taxes and Korean National Pension Scheme deductions will be withheld. Salary payments will be made on or before the eight day of the month following the teaching session during which the employment services were provided.
3.2 Severance Payment : Dependent upon completion of at least one full year of employment with employer, employee will be given, exclusive of monthly salary payments, an additional one month basic salary. Korean severance tax will be withheld. This payment is made at the time of termination of employment, including any periods subsequent to that covered under this agreement.
3.3 Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake orientation and training before commencing teaching. The period of training and orientation will usually be one week.
3.4 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an international airport mutually agreed to by employer and employee(henceforth referred to as point of departure). On completion of the full contract period, employer will provide for the employee an economy class ticket for passage from Korea to point of departure. The return air ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment agreement with employer, the return ticket will be provided at the time of completion of the subsequent contract period(s). Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets not used by employees.
3.5 Holidays and Vacation: Employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are ten(10) vacations days in each calendar year(January-December).
3.6 Medical Insurance: Employee will be covered by medical benefits under the Korean Medial Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by employer and half by employee. Employer��s share of this coverage will be deducted from employee��s salary, monthly.
3.7 Accident Compensation: In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical hospital costs which are in excess of those covered by medical insurance.
4. Housing
4.1 Employer will select and provide furnished living accommodations for employee. Apartments with two bedrooms are shared by two employees. Each employee will have a private bedroom and will share a kitchen and bathroom. Furnishings provided by employer for common use by employees sharing accommodation include: A kitchen table and chairs, a two-burner gas hotplate, a refrigerator, a telephone, a television, and a washing machine. Furnishings provided to each employee include: A bed, a wardrobe, and a fan. Employee is required to give at least two months notice of intention to vacate an employer-provided apartment and to pay any cancellation charges or other expenses, if any, incurred by employer due to the cancellation of the lease of the apartment employer originally found for employee.
4.2 The cost of monthly service, utility, and telephone charges for accommodation provided by employer will be shared by both employees. During any period of sole occupancy employee will be responsible for all utility and telephone charges.
4.3 Employee agrees to pay 600,000 Won during the first three months of employment as housing management deposit. This deposit is to cover unpaid monthly service, utility, and telephone charges. Dependent on a written guarantee from a guarantor acceptable to employer, employer agrees that the deposit will be returned, in full, to the employee at the time of completion of employee's period of employment with employer, including any period of employment beyond that covered by this agreement. In the absence of such written guarantee, employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid. In the event that employer makes payments covering monthly service, utility, and telephone charges on behalf of employee, the amount of such payments will be deducted from the deposit and the remainder of the deposit returned to employee. Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.
5. Dismissal or Voluntary Resignation
5.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity.
5.2 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will pay salary due to date of termination. Employer will not pay the cost of return transportation to point of departure for employee. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of air fare provided for travel to Korea.
6. Covenants
6.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. To undertake such employment is a breach of Korean Immigration law and can have serious consequences.
6.2 The employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee��s employment, and for which the employee is compensated as either regular pay, overtime, or in an agreed-upon lump sum, remain the sole property of employer.
7. Jurisdiction: This agreement will be interpreted according to the internal(domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard of any dispute or claim arising out of, or in connection with, this agreement.
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It seems to be leaving some stuff out. Any thoughts? |
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sistersarah
Joined: 03 Jan 2004
Location: hiding out
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| Posted: Mon Apr 19, 2004 6:08 pm Post subject: |
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| make sure you define what the "vacation days" are. mine says ten too, but they're trying to hose me, and giving me only 3. |
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peppermint
Joined: 13 May 2003
Location: traversing the minefields of caddishness.
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| Posted: Mon Apr 19, 2004 6:35 pm Post subject: |
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teaching hours- ie split shifts or not, might be something to consider.
-Make sure overtime is optional- I've heard of teachers working fifteen hour days with breaks scattered here and there.
- what happens if you are injured while on the job? ( It's unlikely but better safe than sorry)
- air conditioner in the apartment would be nice, as would curtains. ( take nothing for granted here)
- watch out for the cancellation fees on the lease- those can be big!
- the airfare repayment clause is rough, and there's nothing about a voluntary resignation either. |
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oneiros
Joined: 19 Aug 2003
Location: Villa Straylight
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| Posted: Mon Apr 19, 2004 6:36 pm Post subject: |
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Unless I've missed it, there's no mention of sick days, only that they'll deduct your salary if you miss work.
I don't really like the clause about the air ticket, personally. They won't just give you cash. You actually have to take an air ticket, or lose out on it. That's fine if you're going home after contract, but some people prefer not to. |
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Saxiif
Joined: 15 May 2003
Location: Seongnam
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| Posted: Mon Apr 19, 2004 6:51 pm Post subject: |
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| The minimum teaching requirement is 120 actual teaching hours per session. |
Session? Why not month? Strange....
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| Total teaching periods in excess of the minimum requirements is calculated each session as overtime payment. |
That means if you work overtime but there's holidays you don't get no overtime pay, I believe...
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| Payment made for assigned teaching periods is inclusive of payment for preparation and administrative duties connected with those assigned classes. |
Either that's a very nice clause or they mean exclusive not inclusive. I'd check with them on this.
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| employer will pay employee for the minimum teaching requirement mentioned above the amount of 1,900,000 Won for each month of this agreement. |
1.9 is a bit on the low side. Even as a newbie you might be able to swing 2 depending on location of the school.
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| Overtime payment is made at the rate of 18,000 Won/actual teaching hour. |
That's OK. It would be nicer if they paid overtime per class rather than per hour though.
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Salary payments will be made on or before the eight day of the month following the teaching session during which the employment services were provided.
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On the 8th, nothing wrong with that. Usually its the 10th.
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| This payment is made at the time of termination of employment, including any periods subsequent to that covered under this agreement. |
That means that if they make you work a 13th month then you get the severance after the 13th month, not the 12th, if I'm reading this correctly.
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| Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake orientation and training before commencing teaching. The period of training and orientation will usually be one week. |
Hmmm nothing about a training stipend. You usually get 50,000/day during training.
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| Employer will provide for employee an economy class ticket for passage to Korea from an international airport mutually agreed to by employer and employee(henceforth referred to as point of departure). |
Hmmm doesn't say anything about having to pay back the airfare if you quit.
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| Employer will select and provide furnished living accommodations for employee. Apartments with two bedrooms are shared by two employees. |
Shared housing. Fun fun fun.
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| A kitchen table and chairs, a two-burner gas hotplate, a refrigerator, a telephone, a television, and a washing machine. |
No mention of a cellphone. Cellphones in Korea cost an arm and a leg and I got a free one with my job (crappy used one, but still).
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| Employee agrees to pay 600,000 Won during the first three months of employment as housing management deposit. |
600K each month or total? Not a good thing to have either way.
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Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of air fare provided for travel to Korea.
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Aaaaah here we go. Good contracts don't make you refund airfare after working 6 months if you quit.
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| make sure you define what the "vacation days" are. mine says ten too, but they're trying to hose me, and giving me only 3. |
Yeah, definately. My contract says 10 too and I'm also getting fucked.
So basically there's some sketchy/vague bits of the contract but I've seen worse, I'd get some stuff cleared up before I signed it though.
edit: oh one more thing what's the location and schedule? If you're out in the boonies somewhere you'll have more bargaining power... |
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Saxiif
Joined: 15 May 2003
Location: Seongnam
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| Posted: Mon Apr 19, 2004 6:53 pm Post subject: |
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*smacks head*
Oh its in Seoul.
In that case 1.9 might not be too bad for a newbie. |
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JaphieR
Joined: 17 Apr 2004
Location: Bundang
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| Posted: Mon Apr 19, 2004 7:51 pm Post subject: |
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Thanks everyone.
This contract came from Julice, BTW. I'm going to send an email in a day or two with all the things I think need clairified. Judging from the response I got when I wasn't willing to fax the signed contract at this very moment, I'm thinking I will get one of those nice Korean brow beatings. The thing is, this job has been listed for quite some time and they didn't want to hire me at first because they only wanted a woman. Is it really that hard for them to find a female teacher? |
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