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thekingofcheap
Joined: 09 Sep 2010 Location: South Korea
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Posted: Wed Nov 07, 2012 5:37 am Post subject: sample contract |
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Position: English Teacher
This employment agreement is made between the following parties as listed and supersedes any previous
agreement made between the parties.
l. Term of Contract:
This contract will be valid for a period of months beginning 201 and ending 201
II. Description of services provided by the Employee to the Employer:
l. The Employee will be responsible for conducting professional, well-planned English language classes as specified.
2. The Employee will dress and conduct himself/herself` in an appropriately profes�ional
3. He/She will be required to go through an orientation and training program. The Employee is also required to attend
intermittent training sessions throughout the term of his/her contract should the Academic Office deem it necessary to
improve the Employee�s professional abilities, as well as any official meetings called by the Academic Office. The
Employee will not be paid during the training. Attendance at retreats and camps are optional.
4. The Employee will work for SDA Language School only. Any other employment, ineluding any type of private tutoring,
is contrary to Korean Law and will be considered a breach of contract, and the Employee will be terminated.
5. The Employee will be required to conduct student perfomance assessments.
6. The Employee will be subject to an educational background check for the purpose of verifying background infomation
that the Employee has provided. The Employee will sign an authorization form to this regard.
7. The Employee will be required to cooperate with the program and any policy changes.
8. The Employee will choose two timeslots out ofthe A-B-C day (i.e. A/B or A/Ci) in accordance to the local institute�s
schedule. Once chosen, the Employee will be expected to be available to teach at any hour within the chosen timeslots as
long as it does not surpass the daily quota hours/day.
9. The Employee is expected to devote no less than 2.5 hours a day at the Institute for lesson planning with co-teachers,
student evaluations, grading, reporting, and consultation with parents.
10. lfthe Employee is more than l0 minutes late for his/her scheduled classes without prior noti�cation, an hour ofpay may
be deducted.
ll. The Employer reserves the right to assign the Employee lo any of its domestic institutes based on the needs deemed
necessary by the Employer.
12. The Employee is expected to be available to teach both adult and junior classes.
lll. Payment for services rendered by the Employee:
l. The Employee is required to honor the Employer�s request to teach up to 6 hours/day up to 30 hours a week, Monday
through Friday. The teaching hours will be paid monthly at a guaranteed rate of 2,100,000 won per month. In the case,
the Employee�s local school is unable to provide enough classes to fulfill their contracted number of hours, the Employee
is required to fulfill the number of hours through one on one English classes over the phone as well as through video
conferences.
2. The Employee is strictly required to work 40 days in two months with an exception of occasional but mandatory extra
meetings or workshops.
3. The Employee will be eligible for a raise up to a 100,000 won based on evaluation performance upon the time of contract
renewal.
4. The Employer may ask the Employee to work overtime (the Employee has an option to refuse and will not be forced). If
the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of 20,000 won an hour.
5. Severance pay will be paid upon the full completion of the 1 year contract period and full discharge of duties as per the
Employment Agreement.
6. The monthly stipend is based on the monthly teaching session and payment will be on the 25lh ofthe month. Korean
income tax, management expense for housing, medical insurance, pension will be deducted from the monthly stipend.
Page I of 3
IV. Description of services provided by Employer to Employee:
1. The Employer will reimburse a half amount ofthe round�trip ticket to Seoul after 30 days upon arrival to Korea and the
remaining amount upon completion of a 12-month contract. The Employee must leave within a month of the last day of
Iclass in order to use their free departure ticket provided by the Employer.
2. Employees who are already in residence in Korea at the time of hiring need to travel to an outside country for the express
purpose of obtaining a work visa. Employees will be provided with a round-trip ticket to a city designated by the
Employer for just such a purpose, as well as housing accommodations. lf the Employee is residing in South Korea at the
time of his/her first contact with SDALS, the Employer will give $700 at the end of a one-year contract towards airfare.
3. The Employee will be provided with a furnished apartment that may either be a private single person accommodation or
a shared apartment with a private room designated by the Employer free-of-charge. The Employer will provide certain
furniture items for the Employee�s apartment, which will include but not necessarily be limited to: a bed, mattress, fridge,
gas stove, washer and wardrobe.
4. The Employer will take 200,000won from the Employee�s first salary for the Housing Management deposit which will
also cover the utilities� bill for the last month of the Employee�s stay. ln the case that the utilities� bill will only be
available after the EmpIoyee�s departure, the deposit will be used to cover all remaining costs before having the
remainder of the deposit returned to the Employee after the Employee returns to his/her home country.
5. lf housing is unavailable or the Employee would prefer to choose his/her own housing, the Employee is responsible for
his/her own housing in which case an additional 300,000 won a month will be paid.
6. Teach in a classroom where CCTV is installed and activated.
V. Empl0yee�s termination of contract:
l. lf, for any reason, the Employee chooses to tenninate the contract before the full completion of the contract period,
he/she must give the Employer a minimum of 45 days notice. The Employee also must work until the end of the 2-
month�term and cannot quit in the middle ofthe term for any reason other than a personal medical emergency.
2. If, for any reason, the Employee chooses to terminate the contract before the completion of the contravct period, his/her
severance pay will be forfeited.
3. If, for any reason, the Employee chooses to terminate his/her contract within the 6 months of the contract period, the
Employer will withhold from the last month�s pay an amount equivalent to airfare previously provided for the Employee.
lf, for any reason, the Employee chooses to terminate during the contract period, after the first 6 months, but before 12
months of contract period, the Employer will withhold from the last month�s pay half the amount of airfare previously
provide for the Employee.
4. For a dismissal or voluntary resignation within 12 months of this contract period, the amount of recruiting fee will be
deducted from the Employee�s last monthly salary.
VI. Employer�s renewal of contract:
The Employer will give the Employee a 45-day notice before renewal or non-renewal of the Employee�s current contract.
VII. Employer�s termination of the Employee:
1. The Employer retains the right to tenninate the contract immediately if:
ai The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a
continuous basis; continuous failure to keep regularly scheduled class hours and repeated absences from classes
without a valid reason.
b. The Employee receives written warnings from the Employer on 3 occasions.
c. The Employee tells others about his/ her own employment contract details.
2. The Employer retains the right to dismiss the Employee if the Academic Dean deems the quality of his/her work
unsatisfactory at any time during the period ofthe contract.
3. The Employer will give the Employee at least a 7-day notice before the termination of the Employee�s current contract.
4. Use of drugs, alcohol intoxication during work hours, consumption of alcohol in the presence of students, criminal
activity or cormption of public morals will result in immediate termination of the contract. No notice period will be given.
Vlll. Vacation
The Employee has the right to a minimum of l0 days of paid vacation days per year, which takes place during the pre-determined
term breaks. Term breaks start at the end of a term�s last class and lasts until the beginning of the next term�s first class.
Page 2 of 3
r AMYOOK LANG A I I
IX. Sick leave
The Employee is entitled to 2 days of paid sick leaves injury or illness prevents him/her from performing the responsibilities
stated herein provided that he/she obtains the Employer�s prior consent. ln the case of a sick leave taken for more than two (2)
days, the Employee shall submit a practicing d0ctor�s medical report to the Employer.
1. In the case the Employee leaves work early, daily cash compensation is calculated for the actual hours worked; for
example, if the Employee�s daily rate is 66,667 won (i.e. base salary divided by 30), this amount is divided by 8 (i.e.
regular daily work hours) and then multiplied by the actual hours worked on that day.
2. For the workdays missed as sick leave, the Empl0yee�s monthly salary shall be deducted accordingly: monthly salary
divided by the number of days in the month and then multiplied by actual days worked.
3. Special leave in the event of family illness or death will be granted on an individual basis for up to 5 working days.
Leave taken shall be considered as unpaid vacation time.
X. Procedure for disputes:
When disputes arise within a local institute, issues must first be brought to the institute coordinator, the director and finally the
Academic Office.
XI. Good faith:
The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without
what he/she reasonably considers good cause and the Employee will do his/her utmost to satisfactorily ful�ll all the
responsibilities and meet all the conditions as described in the above agreement.
XII. Full knowledge:
I hereby accept all terms and conditions of this Employment Agreement. |
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YTMND
Joined: 16 Jan 2012 Location: You're the man now dog!!
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Posted: Wed Nov 07, 2012 6:45 am Post subject: |
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Hey there pilgrim!!
Post in the contract thread, yo wee yo!!!! |
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CentralCali
Joined: 17 May 2007
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Posted: Wed Nov 07, 2012 7:04 am Post subject: Re: sample contract |
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Your post is in the wrong forum. I reported it for you and asked the mods/admins to move it to the contract one.
thekingofcheap wrote: |
Position: English Teacher
This employment agreement is made between the following parties as listed and supersedes any previous agreement made between the parties. |
Odd wording, but so far so good.
Quote: |
l. Term of Contract:
This contract will be valid for a period of months beginning 201 and ending 201 |
I'm guessing you meant to type in 12 months and beginning 2013, ending 2014.
Quote: |
II. Description of services provided by the Employee to the Employer:
l. The Employee will be responsible for conducting professional, well-planned English language classes as specified.
2. The Employee will dress and conduct himself/herself` in an appropriately profes�ional |
"Professional manner." Again, so far so good.
Quote: |
3. He/She will be required to go through an orientation and training program. The Employee is also required to attend
intermittent training sessions throughout the term of his/her contract should the Academic Office deem it necessary to
improve the Employee�s professional abilities, as well as any official meetings called by the Academic Office. The
Employee will not be paid during the training. Attendance at retreats and camps are optional. |
Screw them. Go work for someone else. If they want to sponsor you into the country to work for them, then they will pay you upon arrival. Unpaid training is bogus.
Quote: |
4. The Employee will work for SDA Language School only. Any other employment, ineluding any type of private tutoring, is contrary to Korean Law and will be considered a breach of contract, and the Employee will be terminated. |
Standard blurb. If you desire, you might be able to convince them at some point during your year to permit working someplace else provided you get the appropriate government approval.
Quote: |
5. The Employee will be required to conduct student perfomance assessments. |
I personally disagree with this. Hagweons are in it for business. If you sit down and honestly appraise each and every student, you're going to hear about it and not pleasantly either. Best to leave the appraisals to the Korean staff.
Quote: |
6. The Employee will be subject to an educational background check for the purpose of verifying background infomation that the Employee has provided. The Employee will sign an authorization form to this regard. |
Screw them. The hoop-jumping the Korean government requires now is more than enough to provide this information.
Quote: |
7. The Employee will be required to cooperate with the program and any policy changes. |
Wrong. They have to decide at the very moment they give you the contract that said contract is what's binding on you and them for the entire duration of the contract period. "Policy changes" gives them far too much leeway in how they wish to treat you.
Quote: |
8. The Employee will choose two timeslots out ofthe A-B-C day (i.e. A/B or A/Ci) in accordance to the local institute�s
schedule. Once chosen, the Employee will be expected to be available to teach at any hour within the chosen timeslots as long as it does not surpass the daily quota hours/day. |
Oh, heck no! This is a recipe for financial disaster if the "local institute" decides to cut your hours.
Quote: |
9. The Employee is expected to devote no less than 2.5 hours a day at the Institute for lesson planning with co-teachers, student evaluations, grading, reporting, and consultation with parents. |
See above regarding appraisals.
Quote: |
10. lfthe Employee is more than l0 minutes late for his/her scheduled classes without prior noti�cation, an hour ofpay may be deducted. |
Like heck. The institute can not pay you for time that you did not work. They cannot deduct money from you. That's called unlawful withholding of pay.
Quote: |
ll. The Employer reserves the right to assign the Employee lo any of its domestic institutes based on the needs deemed necessary by the Employer. |
Nice theory. Too bad it doesn't wash with Korean law. The "local institute" is the place which will sponsor your employment at ONE particular place.
Quote: |
12. The Employee is expected to be available to teach both adult and junior classes. |
Fair enough.
Quote: |
lll. Payment for services rendered by the Employee:
l. The Employee is required to honor the Employer�s request to teach up to 6 hours/day up to 30 hours a week, Monday through Friday. The teaching hours will be paid monthly at a guaranteed rate of 2,100,000 won per month. In the case, the Employee�s local school is unable to provide enough classes to fulfill their contracted number of hours, the Employee is required to fulfill the number of hours through one on one English classes over the phone as well as through video conferences. |
In other words, you will never have any free time.
Quote: |
2. The Employee is strictly required to work 40 days in two months with an exception of occasional but mandatory extra meetings or workshops. |
See above about the training.
Quote: |
3. The Employee will be eligible for a raise up to a 100,000 won based on evaluation performance upon the time of contract renewal. |
Okay. 100k a month on the next year provided you survive the first one. But wait! The raise is "based on evaluation performance." Needs to be more concrete than that.
Quote: |
4. The Employer may ask the Employee to work overtime (the Employee has an option to refuse and will not be forced). If the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of 20,000 won an hour. |
Standard.
Quote: |
5. Severance pay will be paid upon the full completion of the 1 year contract period and full discharge of duties as per the Employment Agreement. |
Doesn't matter if they think you've fully discharged your duties or not. If they kept you on for the year and then you depart at the end of the contract, they will pay you the severance pay.
Quote: |
6. The monthly stipend is based on the monthly teaching session and payment will be on the 25lh ofthe month. Korean income tax, management expense for housing, medical insurance, pension will be deducted from the monthly stipend. |
Add "Monthly pay statement reflecting all payments and deductions will be provided to the employee by employer." The pay is on the 25th of which month, current or following?
Will you be paying them for your housing? Screw that. They either pay YOU or PROVIDE you with an apartment.
Quote: |
Page I of 3
IV. Description of services provided by Employer to Employee:
1. The Employer will reimburse a half amount ofthe round�trip ticket to Seoul after 30 days upon arrival to Korea and the remaining amount upon completion of a 12-month contract. The Employee must leave within a month of the last day of Iclass in order to use their free departure ticket provided by the Employer. |
See if you can get them to just pay up-front.
Quote: |
2. Employees who are already in residence in Korea at the time of hiring need to travel to an outside country for the express purpose of obtaining a work visa. Employees will be provided with a round-trip ticket to a city designated by the Employer for just such a purpose, as well as housing accommodations. lf the Employee is residing in South Korea at the time of his/her first contact with SDALS, the Employer will give $700 at the end of a one-year contract towards airfare. |
I know this might sound silly, but make sure they specify what kind of dollars "$" refers to. Either that or have this section changed to indicate South Korean Won.
Quote: |
3. The Employee will be provided with a furnished apartment that may either be a private single person accommodation or a shared apartment with a private room designated by the Employer free-of-charge. The Employer will provide certain furniture items for the Employee�s apartment, which will include but not necessarily be limited to: a bed, mattress, fridge, gas stove, washer and wardrobe. |
Shared? Oh, heck no! Change this to private or forget working for them.
Quote: |
4. The Employer will take 200,000won from the Employee�s first salary for the Housing Management deposit which will also cover the utilities� bill for the last month of the Employee�s stay. ln the case that the utilities� bill will only be available after the EmpIoyee�s departure, the deposit will be used to cover all remaining costs before having the
remainder of the deposit returned to the Employee after the Employee returns to his/her home country. |
This is so much bogus it hurts. It takes less than ten minutes on the phone with the utilitiy providers in South Korea to determine the final bill on a particular day.
Quote: |
5. lf housing is unavailable or the Employee would prefer to choose his/her own housing, the Employee is responsible for his/her own housing in which case an additional 300,000 won a month will be paid. |
Change the amount. 300,000 won doesn't get you much nowadays.
Quote: |
6. Teach in a classroom where CCTV is installed and activated. |
Personally, I don't like this. Either they trust you or they don't. If they don't trust you, don't work for them.
Quote: |
V. Empl0yee�s termination of contract:
l. lf, for any reason, the Employee chooses to tenninate the contract before the full completion of the contract period, he/she must give the Employer a minimum of 45 days notice. The Employee also must work until the end of the 2-month�term and cannot quit in the middle ofthe term for any reason other than a personal medical emergency. |
Again, nice theory. Doesn't wash with Korean law, though. You can quit with exactly zero notice.
Quote: |
2. If, for any reason, the Employee chooses to terminate the contract before the completion of the contravct period, his/her severance pay will be forfeited. |
Yep, that's the law.
Quote: |
3. If, for any reason, the Employee chooses to terminate his/her contract within the 6 months of the contract period, the Employer will withhold from the last month�s pay an amount equivalent to airfare previously provided for the Employee.
lf, for any reason, the Employee chooses to terminate during the contract period, after the first 6 months, but before 12
months of contract period, the Employer will withhold from the last month�s pay half the amount of airfare previously
provide for the Employee. |
Seems they're unsure of paying you or not up-front for the airfare.
Quote: |
4. For a dismissal or voluntary resignation within 12 months of this contract period, the amount of recruiting fee will be
deducted from the Employee�s last monthly salary. |
DO NOT SIGN THIS CONTRACT! You are not the person engaging the services of the recruiter. The recruiter is not your recruiter. The recruiter is the school's recruiter. The school pays the recruiter for services rendered. If you bail on the institute during the time the recruiter guaranteed you'd last through, then the recruiter is obliged to find a replacement for them. You do not get involved with that in any way. DO NOT SIGN THIS CONTRACT!
Quote: |
VI. Employer�s renewal of contract:
The Employer will give the Employee a 45-day notice before renewal or non-renewal of the Employee�s current contract. |
Given that the law only requires the employer to give you 30-days notice for termination, I'd definitely have this one changed to say 30 days.
Quote: |
VII. Employer�s termination of the Employee:
1. The Employer retains the right to tenninate the contract immediately if:
ai The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis; continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.
b. The Employee receives written warnings from the Employer on 3 occasions.
c. The Employee tells others about his/ her own employment contract details.
2. The Employer retains the right to dismiss the Employee if the Academic Dean deems the quality of his/her work unsatisfactory at any time during the period ofthe contract. |
#2 gives too much weasel-room.
Quote: |
3. The Employer will give the Employee at least a 7-day notice before the termination of the Employee�s current contract. |
Wrong! The law says 30 days.
Quote: |
4. Use of drugs, alcohol intoxication during work hours, consumption of alcohol in the presence of students, criminal
activity or cormption of public morals will result in immediate termination of the contract. No notice period will be given. |
Sounds standard.
Quote: |
Vlll. Vacation
The Employee has the right to a minimum of l0 days of paid vacation days per year, which takes place during the pre-determined
term breaks. Term breaks start at the end of a term�s last class and lasts until the beginning of the next term�s first class. |
I'd be more comfortable with those dates laid out in writing.
Quote: |
Page 2 of 3
r AMYOOK LANG A I I
IX. Sick leave
The Employee is entitled to 2 days of paid sick leaves injury or illness prevents him/her from performing the responsibilities
stated herein provided that he/she obtains the Employer�s prior consent. ln the case of a sick leave taken for more than two (2)
days, the Employee shall submit a practicing d0ctor�s medical report to the Employer. |
2? Two? Two? It is to laugh.
Quote: |
1. In the case the Employee leaves work early, daily cash compensation is calculated for the actual hours worked; for
example, if the Employee�s daily rate is 66,667 won (i.e. base salary divided by 30), this amount is divided by 8 (i.e.
regular daily work hours) and then multiplied by the actual hours worked on that day.
2. For the workdays missed as sick leave, the Empl0yee�s monthly salary shall be deducted accordingly: monthly salary divided by the number of days in the month and then multiplied by actual days worked. |
Okay, this part sounds normal.
Quote: |
3. Special leave in the event of family illness or death will be granted on an individual basis for up to 5 working days.
Leave taken shall be considered as unpaid vacation time. |
Most places I'm aware of in South Korea will give paid bereavement leave for a death in the immediate family.
Quote: |
X. Procedure for disputes:
When disputes arise within a local institute, issues must first be brought to the institute coordinator, the director and finally the Academic Office. |
Yeah, right. The "local institute" has way more freedom than they're leading you to believe.
Quote: |
XI. Good faith:
The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without what he/she reasonably considers good cause and the Employee will do his/her utmost to satisfactorily ful�ll all the responsibilities and meet all the conditions as described in the above agreement.
XII. Full knowledge:
I hereby accept all terms and conditions of this Employment Agreement. |
Sounds fair enough, but still some odd wording.
Why on Earth would you work for these people? They don't trust you, they expect you to pay their recruiter, and the contract doesn't jibe with South Korea's labor law. |
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thekingofcheap
Joined: 09 Sep 2010 Location: South Korea
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Posted: Wed Nov 07, 2012 8:18 am Post subject: thanks for replies |
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Sorry for posting in the wrong place. I thought I replied to that contract review thread but must have hit "new post" instead of "reply"
Thanks for the detailed analysis of the contract. Should I just turn down their job offer then, or re-write the contract and see what they're willing to change?
BTW, this is for a chain of Seventh Day Adventist hagwons, known as SDA. I can't find much about them  |
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CentralCali
Joined: 17 May 2007
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Posted: Wed Nov 07, 2012 12:33 pm Post subject: |
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Personally, I'd work for someone else. My decision is not based on my like or dislike of the religion; it's based on that thoroughly awful contract. But to each their own. If you expect them to change that contract, which obviously had a lot of input from non-teacher folks (that's a euphemism for lawyers, friend) who expect the foreign teacher to not know better, then working for them or not very well may be a moot issue.
Last edited by CentralCali on Wed Nov 07, 2012 12:38 pm; edited 1 time in total |
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thekingofcheap
Joined: 09 Sep 2010 Location: South Korea
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Posted: Wed Nov 07, 2012 12:37 pm Post subject: |
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I only asked because of the way you worded some of your comments.
Anyway, I already told the recruiter that I wouldn't accept an offer with such an unfair and vague contract.
Is there something going on over there lately? I have two years experience in Korea and everyone wants to pay me 2.1. The recruiters I've worked with suck because they have no incentive to stick up for my interests |
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YTMND
Joined: 16 Jan 2012 Location: You're the man now dog!!
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Posted: Wed Nov 07, 2012 1:18 pm Post subject: |
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Why is this thread not locked yet but http://forums.eslcafe.com/korea/viewtopic.php?t=224091 is? Selective locking? Might as well comment then.
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I have two years experience in Korea and everyone wants to pay me 2.1. |
It sounds like you are abroad (and you said "over there"). So, if someone hires you, they pay airfare costs. This easily brings up the cost to 2.2/month compared to a teacher already in Korea.
Secondly, they might not know if you are telling the truth. You most likely haven't sent your passport. Have they contacted your previous employers to confirm? It's more work on their end to verify this stuff compared to a teacher already in Korea.
With that said, 2.1 sounds reasonable to get back into the game. Use it as a stepping stone and find another school that will pay 2.3 later on. |
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