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contract review

 
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katmcnichol



Joined: 07 Feb 2012
Location: Ottawa

PostPosted: Wed Feb 08, 2012 11:16 am    Post subject: contract review Reply with quote

heres my contract they sent it to me this morning and i only had the interview last night. Im going through a recruiter pegasus teachers and the school is osan slp and if someone could give me feedback on this contract ide appreciate it

Letter of Agreement

The Osan SLP Institute, the employer, under the license of SLP Corporation (hereinafter referred to as "the Institute") and the employee Katherine McNichol (hereinafter referred to as "the Teacher") agree to a employment for a regular full-time English teaching position
The institute and the teacher agree as follows;
The Teacher accepts employment from the Institute to teach English under the terms and conditions set forth here in this agreement for a period of twelve full and consecutive monthly teaching sessions.
The employment period is from ( April 24, 2012) to (April 30, 2013).
The teacher�s daily working hours �including preparation, class teaching, etc. The Teacher will have at least 30 hours per teaching week. Monday through Friday are teaching days except for scheduled public holidays and vacation days.
(1) Work time : 9:30~5:30 or 13:00~21:00
(2) Each Class will be of 45-minute duration
1. Duties
Duties may include, but are not limited to;
i. teaching, ii. substitute teaching, iii.preparation of teaching materials.
iv. attendance at teachers� meetings and workshops.
vi. writing evaluation comments and preparing evaluation reports.
2. Compenstion
A. Monthly Salary
The Institute will pay the Teacher a total monthly basic salary of (2,100,000)Won. The monthly salary is based on the monthly teaching session and payment will be made on 10 th day of the following the month. Korean income tax,
B. Overtime
Overtime teaching for periods over 30 hours - is paid 20,000w for 80 minute teaching period.
C. Severance Pay
On completion of one's responsibilities of the full employment period, (2,100,000) Won per one year shall be paid as severance pay. If the Teacher, however, does not complete the full period of one year employment, none of the severance pay shall be paid according to Korean Labor Standard Law.
3. Housing
For housing : single apartment(TV, airconditioner, bed, closet and etc )
The Teacher is responsible for utility charges such as electricity, gas, telephone charges and management charges.
4. Holidays/Vacation/Leave
Paid Vacation : The Institute provides the Teacher with two
weeks (10 working days) of paid vacation in one employment year.
5. Transportation
A. At the beginning will provide one way ticket, at the end of one�s employment will provide one way ticket.
B. In case the Teacher fails to complete the employment by his or her own fault/reason, the Teacher shall pay back the Institute the total amount of the air ticket
7. Termination
The Institute and the Teacher may terminate this employment with a written 60-days notice. Anything less than 60 days will be considered a breach of employment by the Institute or the Teacher unless the employment is terminated for a cause

IN WITNESS WHEREOF the Institute and the Teacher have each duly executed this Agreement on the dates set forth below their respective signatures.
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modernseoul



Joined: 11 Sep 2011
Location: Seoul

PostPosted: Wed Feb 08, 2012 11:42 am    Post subject: Re: contract review Reply with quote

katmcnichol wrote:
heres my contract they sent it to me this morning and i only had the interview last night. Im going through a recruiter pegasus teachers and the school is osan slp and if someone could give me feedback on this contract ide appreciate it

Letter of Agreement

The Osan SLP Institute, the employer, under the license of SLP Corporation (hereinafter referred to as "the Institute") and the employee Katherine McNichol (hereinafter referred to as "the Teacher") agree to a employment for a regular full-time English teaching position
The institute and the teacher agree as follows;
The Teacher accepts employment from the Institute to teach English under the terms and conditions set forth here in this agreement for a period of twelve full and consecutive monthly teaching sessions.
The employment period is from ( April 24, 2012) to (April 30, 2013).
The teacher�s daily working hours �including preparation, class teaching, etc. The Teacher will have at least 30 hours per teaching week. Monday through Friday are teaching days except for scheduled public holidays and vacation days.
(1) Work time : 9:30~5:30 or 13:00~21:00
(2) Each Class will be of 45-minute duration
1. Duties
Duties may include, but are not limited to;
i. teaching, ii. substitute teaching, iii.preparation of teaching materials.
iv. attendance at teachers� meetings and workshops.
vi. writing evaluation comments and preparing evaluation reports.
2. Compenstion
A. Monthly Salary
The Institute will pay the Teacher a total monthly basic salary of (2,100,000)Won. The monthly salary is based on the monthly teaching session and payment will be made on 10 th day of the following the month. Korean income tax,
B. Overtime
Overtime teaching for periods over 30 hours - is paid 20,000w for 80 minute teaching period.
C. Severance Pay
On completion of one's responsibilities of the full employment period, (2,100,000) Won per one year shall be paid as severance pay. If the Teacher, however, does not complete the full period of one year employment, none of the severance pay shall be paid according to Korean Labor Standard Law.
3. Housing
For housing : single apartment(TV, airconditioner, bed, closet and etc )
The Teacher is responsible for utility charges such as electricity, gas, telephone charges and management charges.
4. Holidays/Vacation/Leave
Paid Vacation : The Institute provides the Teacher with two
weeks (10 working days) of paid vacation in one employment year.
5. Transportation
A. At the beginning will provide one way ticket, at the end of one�s employment will provide one way ticket.
B. In case the Teacher fails to complete the employment by his or her own fault/reason, the Teacher shall pay back the Institute the total amount of the air ticket
7. Termination
The Institute and the Teacher may terminate this employment with a written 60-days notice. Anything less than 60 days will be considered a breach of employment by the Institute or the Teacher unless the employment is terminated for a cause

IN WITNESS WHEREOF the Institute and the Teacher have each duly executed this Agreement on the dates set forth below their respective signatures.


Having worked at a few different hagwons as well as in recruitment this contact seems fine. The hours and paid are standard for a 1st timer. The 2 month notice period is a bit heavy but not uncommon.

I lived in Osan for a while and never met anyone from SLP is cannot comment on the school.
Good luck.
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morrisonhotel



Joined: 18 Jul 2009
Location: Gyeonggi-do

PostPosted: Wed Feb 08, 2012 12:14 pm    Post subject: Reply with quote

OP, there's a contract sticky for that. It most certainly does not seem fine at all. Where's the rest of the contract? Do not sign this contract. No pension, no medical, you shouldn't have to pay back the flight after 6 months, overtime is low, a lot of classes per week, etc. SLP have a poor reputation, but, somewhat unusually, there doesn't appear to be any punitive clauses.

Read the contract sticky. You'll get a good feeling of what a good contract looks like. This isn't, particularly, a good contract. It's a rather vague contract IMO.
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NaturallyStacie



Joined: 18 Jan 2012
Location: South Korea

PostPosted: Wed Feb 08, 2012 1:55 pm    Post subject: Reply with quote

How is April 24th, 2012- Apr 30th, 2013 considered a year?
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duke of new york



Joined: 23 Jan 2011

PostPosted: Wed Feb 08, 2012 7:47 pm    Post subject: Re: contract review Reply with quote

You should remove your name and the name of the school. And I'll repeat what the other posters said; there is a contract review sticky for this.

katmcnichol wrote:
heres my contract they sent it to me this morning and i only had the interview last night. Im going through a recruiter pegasus teachers and the school is ******* and if someone could give me feedback on this contract ide appreciate it


OK, I don't want to sound like a jerk, but you should take English grammar and spelling a little more seriously here. Remember, you're applying for a job as an English teacher, and if you appear to be unable to write even basic English sentences correctly, your colleagues on Dave's and elsewhere are not going to have much respect for you.

Sorry for the rant, but this is a forum for teachers of English, and as such, it should be held to at least some basic standard of correct English.

Quote:
Letter of Agreement

*******************, the employer, under the license of *********** (hereinafter referred to as "the Institute") and the employee *************** (hereinafter referred to as "the Teacher") agree to a employment for a regular full-time English teaching position
The institute and the teacher agree as follows;
The Teacher accepts employment from the Institute to teach English under the terms and conditions set forth here in this agreement for a period of twelve full and consecutive monthly teaching sessions.
The employment period is from ( April 24, 2012) to (April 30, 2013).
The teacher�s daily working hours �including preparation, class teaching, etc. The Teacher will have at least 30 hours per teaching week. (you realize "at least" puts no limit on the number of teaching hours they can give you? "No more" than 30 hours would be more appropriate.) Monday through Friday are teaching days except for scheduled public holidays and vacation days.
(1) Work time : 9:30~5:30 or 13:00~21:00
(2) Each Class will be of 45-minute duration
1. Duties
Duties may include, but are not limited to;
i. teaching, ii. substitute teaching, iii.preparation of teaching materials.
iv. attendance at teachers� meetings and workshops.
vi. writing evaluation comments and preparing evaluation reports.
2. Compenstion
A. Monthly Salary
The Institute will pay the Teacher a total monthly basic salary of (2,100,000)Won. The monthly salary is based on the monthly teaching session and payment will be made on 10 th day of the following the month. Korean income tax, (what about it?)]
B. Overtime
Overtime teaching for periods over 30 hours - is paid 20,000w for 80 minute teaching period. [b](20 would be a little low. 25 is the norm. But, a teaching period is suddenly 80 minutes for overtime, when it was 45 minutes before. So the overtime rate is virtually halved. Unacceptable.)

C. Severance Pay
On completion of one's responsibilities of the full employment period, (2,100,000) Won per one year shall be paid as severance pay. If the Teacher, however, does not complete the full period of one year employment, none of the severance pay shall be paid according to Korean Labor Standard Law.
3. Housing
For housing : single apartment(TV, airconditioner, bed, closet and etc )
The Teacher is responsible for utility charges such as electricity, gas, telephone charges and management charges.
4. Holidays/Vacation/Leave
Paid Vacation : The Institute provides the Teacher with two weeks (10 working days) of paid vacation in one employment year. (When can you take them? Is this including national holidays?)
5. Transportation
A. At the beginning will provide one way ticket, at the end of one�s employment will provide one way ticket. (one-way ticket to where??)
B. In case the Teacher fails to complete the employment by his or her own fault/reason, the Teacher shall pay back the Institute the total amount of the air ticket (Don't agree to this. You can quit if you want to. If it applied to the first few months of employment only, it would be OK.)
7. Termination
The Institute and the Teacher may terminate this employment with a written 60-days notice. Anything less than 60 days will be considered a breach of employment by the Institute or the Teacher unless the employment is terminated for a cause (So they can terminate you without warning if there is a "cause?" What is the notice period for then? Being terminated without cause? You should get a notice for any termination, unless you were caught beating a child or something like that.)

IN WITNESS WHEREOF the Institute and the Teacher have each duly executed this Agreement on the dates set forth below their respective signatures.


Is that it? If this is the contract as you received it, and you didn't take anything out, then it is woefully inadequate. It honestly looks like something thrown together by a lazy director/teacher with no legal knowledge and probably no intentions of treating you fairly or legally. Any contract should include health insurance, pension, taxation information, vacation rules, standards for termination, a maximum (not minimum!) teaching requirement, and a proper overtime rate. If it was just missing one or two of these things, you should just write back and ask for it to be included, but this contract doesn't have any of those things. It is a waste of your time to even consider this school. Even if they fixed the contract, the fact that they tried to give you this one just shows they have no concern for legality or fair employment. They're probably just looking for someone to sucker.

You should also make it clear to your recruiter that this contract is nowhere close to acceptable, it is a joke, and you want only legitimate offers from now on. If the recruiter defends the contract in any way, or sends you another awful contract, don't deal with them again.
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modernseoul



Joined: 11 Sep 2011
Location: Seoul

PostPosted: Thu Feb 09, 2012 1:13 am    Post subject: Re: contract review Reply with quote

duke of new york wrote:
You should remove your name and the name of the school. And I'll repeat what the other posters said; there is a contract review sticky for this.

katmcnichol wrote:
heres my contract they sent it to me this morning and i only had the interview last night. Im going through a recruiter pegasus teachers and the school is ******* and if someone could give me feedback on this contract ide appreciate it


OK, I don't want to sound like a jerk, but you should take English grammar and spelling a little more seriously here. Remember, you're applying for a job as an English teacher, and if you appear to be unable to write even basic English sentences correctly, your colleagues on Dave's and elsewhere are not going to have much respect for you.

Sorry for the rant, but this is a forum for teachers of English, and as such, it should be held to at least some basic standard of correct English.

Quote:
Letter of Agreement

*******************, the employer, under the license of *********** (hereinafter referred to as "the Institute") and the employee *************** (hereinafter referred to as "the Teacher") agree to a employment for a regular full-time English teaching position
The institute and the teacher agree as follows;
The Teacher accepts employment from the Institute to teach English under the terms and conditions set forth here in this agreement for a period of twelve full and consecutive monthly teaching sessions.
The employment period is from ( April 24, 2012) to (April 30, 2013).
The teacher�s daily working hours �including preparation, class teaching, etc. The Teacher will have at least 30 hours per teaching week. (you realize "at least" puts no limit on the number of teaching hours they can give you? "No more" than 30 hours would be more appropriate.) Monday through Friday are teaching days except for scheduled public holidays and vacation days.
(1) Work time : 9:30~5:30 or 13:00~21:00
(2) Each Class will be of 45-minute duration
1. Duties
Duties may include, but are not limited to;
i. teaching, ii. substitute teaching, iii.preparation of teaching materials.
iv. attendance at teachers� meetings and workshops.
vi. writing evaluation comments and preparing evaluation reports.
2. Compenstion
A. Monthly Salary
The Institute will pay the Teacher a total monthly basic salary of (2,100,000)Won. The monthly salary is based on the monthly teaching session and payment will be made on 10 th day of the following the month. Korean income tax, (what about it?)]
B. Overtime
Overtime teaching for periods over 30 hours - is paid 20,000w for 80 minute teaching period. [b](20 would be a little low. 25 is the norm. But, a teaching period is suddenly 80 minutes for overtime, when it was 45 minutes before. So the overtime rate is virtually halved. Unacceptable.)

C. Severance Pay
On completion of one's responsibilities of the full employment period, (2,100,000) Won per one year shall be paid as severance pay. If the Teacher, however, does not complete the full period of one year employment, none of the severance pay shall be paid according to Korean Labor Standard Law.
3. Housing
For housing : single apartment(TV, airconditioner, bed, closet and etc )
The Teacher is responsible for utility charges such as electricity, gas, telephone charges and management charges.
4. Holidays/Vacation/Leave
Paid Vacation : The Institute provides the Teacher with two weeks (10 working days) of paid vacation in one employment year. (When can you take them? Is this including national holidays?)
5. Transportation
A. At the beginning will provide one way ticket, at the end of one�s employment will provide one way ticket. (one-way ticket to where??)
B. In case the Teacher fails to complete the employment by his or her own fault/reason, the Teacher shall pay back the Institute the total amount of the air ticket (Don't agree to this. You can quit if you want to. If it applied to the first few months of employment only, it would be OK.)
7. Termination
The Institute and the Teacher may terminate this employment with a written 60-days notice. Anything less than 60 days will be considered a breach of employment by the Institute or the Teacher unless the employment is terminated for a cause (So they can terminate you without warning if there is a "cause?" What is the notice period for then? Being terminated without cause? You should get a notice for any termination, unless you were caught beating a child or something like that.)

IN WITNESS WHEREOF the Institute and the Teacher have each duly executed this Agreement on the dates set forth below their respective signatures.


Is that it? If this is the contract as you received it, and you didn't take anything out, then it is woefully inadequate. It honestly looks like something thrown together by a lazy director/teacher with no legal knowledge and probably no intentions of treating you fairly or legally. Any contract should include health insurance, pension, taxation information, vacation rules, standards for termination, a maximum (not minimum!) teaching requirement, and a proper overtime rate. If it was just missing one or two of these things, you should just write back and ask for it to be included, but this contract doesn't have any of those things. It is a waste of your time to even consider this school. Even if they fixed the contract, the fact that they tried to give you this one just shows they have no concern for legality or fair employment. They're probably just looking for someone to sucker.

You should also make it clear to your recruiter that this contract is nowhere close to acceptable, it is a joke, and you want only legitimate offers from now on. If the recruiter defends the contract in any way, or sends you another awful contract, don't deal with them again.


I'm really sorry OP I didn't think about the "health insurance, pension and taxation", 100% something you should check into. Honestly some schools purposely leave details out so they take advantage in the future.

One of the schools I previously worked at didn't include max teaching hours and then I had 42 hours of teaching in a week at one point. It was a bad situation but thankfully I escaped.
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Dimitris Stylianos
Mod Team
Mod Team


Joined: 05 Jul 2008

PostPosted: Thu Feb 09, 2012 4:53 pm    Post subject: Reply with quote

http://forums.eslcafe.com/korea/viewtopic.php?t=197658
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