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mosey
Joined: 21 Oct 2013
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Posted: Thu Oct 24, 2013 8:56 pm Post subject: First Contract --- Need a pro to break it down |
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Can someone have a look at this Contract for me.. This is the first one I have got, any help would be much appreciated!
Employment Agreement
between
Name: XXX Kids Club, Jookjeon School
Address: 4Fl. Jookjeon Nurie-Ddle, 1808 Bojeong-Dong, Giheung-Gu,
Yongin-Si, Gyeonggi-Do, Korea (zip 446-913) and
Tel)+82.31.889.9750 Fax)+82.31.889.9750
and
English Teacher (hereinafter referred to as the Teacher)
Name:
Address:
PURPOSE
This contract is made for the purpose of setting forth the terms and conditions of employment for native English teachers who work in XXX.
GENERAL
The Employer agrees to employee as an English Instructor of a XXX school during the period stipulated herein. In signing this mutual agreement, we each understand fully our responsibilities and obligations to the other party.
This Employment Agreement will be issued and completed in duplicate for the records of Teacher and XXX.
Employment elsewhere shall not be permitted in accordance with Korean law.
A. Period
This contract is for 12 full and consecutive months, with a teaching start around at 24th of February, 2014 and the end of teaching duties at 28th of February, 2015.
B. Medical Check
Korea Immigration requires health test(HIV, and Drug test-heroin, philopon, cocaine), so After employee arrives at the Institute, employee will go to hospital for health test and if the result comes bad, employee’s visa will be cancelled by immigration, and then air ticket fee to Korea should be refunded to the employer form employee’s first salary.
C. Health Insurance
The Teacher will have health, accidental injury coverage through AIG Insurance Company Limited. XXX will pay 50% of the monthly premium and also the Teacher will pay 50% of the monthly premium. The medical cost will be covered by the terms and conditions specified by AIG Insurance Company Limited.
D. Supervision
Teacher will work closely with XXX program supervisors and other colleagues in the planning, observation and review of instruction. XXX will observe Teacher’s class informally for help at any time, and formally according to a given schedule for evaluation of Teacher.
TEACHER’S OBLIGATIONS
Teacher will respect the written, verbal, and tacit rules and standards of conduct of XXX. Written rules and standards of conduct of XXX are as follows:
1. Teacher must follow the advice and direction of the principal and academic director.
2. Teacher must have lessons prepared prior to the start of any class.
3. Teacher must be punctual at all times.
4. Teacher must attend all staff meetings – 4~5 times per month.
5. Staff meetings and school events will be scheduled at the discretion of the XXX director. The attendance of Teacher is mandatory. Staff meetings will allow time for discussion of topics of current concerns within the program such as new policies, procedures, methods of training, instruction, curriculum and other matters as needed. XXX staff is encouraged to help work out practical solutions to problems at these meetings.
6. Teacher must take enough rest on Sunday evening in order to be energetic on Monday.
7. Teacher may be assigned many classes and can be changed, also should follow Supervisors’ directions.
8. The preparation time, student evaluation and staff meetings are not considered as teaching time.
9. Teaching time is considered to be time spent instructing in the classroom.
10. Teacher should keep his/her students’ records such as attendance, evaluation, test forms, test results, conference meeting records, class program or supplements etc.
11. Teacher must obey the laws, regulations, instructions, and ordinances of the
12. National and local Korean governments. The onus is on Teacher to become familiar with Korean laws, regulations, instructions, and ordinances prior to arrival.
13. Teacher is required to be punctual, reliable and professional in representing XXX.
14. Teacher must attend a yearly workshop held by Korean Government. It will fall on Saturday or any weekday. Teacher will not be paid for this workshop.
15. Casual wear is acceptable; however, jeans with holes, wrinkled or dirty clothes, and sweat pants are not considered proper attire.
16. Teacher must NOT display visible tattoos or piercing at the workplace.
CONTRACT CONDITIONS
A. Work Schedule
The workweek runs from Monday through Friday. Hours of operation are from 09:45am to 7:00pm. The Teacher will be scheduled to teach during this time period by the XXX Director. The Teacher will usually, although not necessarily, be scheduled in shifts.
Teacher will be scheduled to teach during this time period by the XXX Director. There can be a possibility of long preparation time between classes. Teacher will usually, although not necessarily, be scheduled in shifts. Teacher needs to follow XXX.
If class instruction hour is less than 6 hours 30 minutes per day, Teacher will be required to devote the remaining hours to related academic work under the supervision of the XXX academic coordinator.
B. Salary
Payment for 136 hours worked in a teaching term (1 teaching term is generally 20 working days, but it can be less than 20 days.) will be 2.4 million won. The total monthly salary of 2.4 million won will be paid on the 10th of the following month.
C. Teaching Hours
All teaching hours in excess of 136 teaching hours are considered overtime.
Only classroom contract hours in excess of over 136 hours per session approved by the Program director are considered overtime. Classroom contract hours are the time spent teaching in the classroom. Attendance at scheduled staff meetings, counseling for feedback, preparation for class, lesson planning, writing evaluation reports, making tests, marking test results, and workshop are not considered overtime.
Overtime will be paid at the rate of 17,000 won per hour.
If Teacher should be absent from work without having obtained a prior approval, Teacher’s salary for that month shall be deducted by the amount calculated on a pro rata basis for the number of unauthorized absent days.
Teacher could be required to work any additional hours that XXX may request.
All instructors are required to substitute for other teachers who may be sick or absent.
D. Severance
Upon successful completion of the one-year contract, XXX will issue Teacher 2.4 million won as a severance pay.
E. Income Tax
South Korean income tax will be withheld automatically from the monthly salary of Teacher. Income tax on the monthly salary and the severance payment runs at about 3.3%. This percentage may change in accordance to Korean law.
F. Vacation
XXX will give the Teacher a one-week (7 calendar days including national holidays and weekends) vacation during the summer and a one-week vacation during the winter. These vacation times will be determined by XXX.
G. Air Ticket
XXX will issue the Teacher a one-way air ticket to Korea prior to departure. Upon successful completion of the 1 year contract, XXX will issue the Teacher a one-way air ticket to where the teacher departed from.
H. Housing
XXX will provide the Teacher with a shared apartment. Furnishings provided by XXX include dishes and utensils, a gas range, a refrigerator, an air conditioner, a television, a washing machine, a bed and a small wardrobe. The cost of monthly services, utilities, and telephone charges will be paid by the teacher. Teacher has a duty to keep the house in good status. XXX may not pay full accommodation cost when this is not properly followed.
BINDING AGREEMENT
A. If the Teacher is absent on three occasions without notice, XXX reserves the right to terminate this agreement by issuing the Teacher written notification of termination sixty days in advance. For serious cause, termination of employment with XXX is immediate and without notice.
Serious cause includes the following:
Two written notices have already been issued
Drunkenness on the job
Sexual misconduct
Outside employment
Irresponsible working
Mental problems or issues that are detrimental to the school or students
B. Written notices can be issued for any of following.
Unexplained absences from work.
Arriving late without notice or reason.
Verbal abuse towards children or staff members.
Breaking any of the stipulations agreed to by the Employer and the Teacher in the signed contract.
C. The Teacher agrees to give written notice ninety days before this agreement ends of his/her intention to renew or terminate this agreement.
D. If the Teacher resigns before 8 weeks contract period, the Teacher should refund the airfare or this amount will be deducted from the last month payment.
E. The Teacher will indemnify XXX from any damages, which Teacher may sustain, in any manner through the misconduct or negligence of Teacher.
F. This agreement will be interpreted according to the domestic laws of Korea. A competent court in Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement.
G. We have read and agreed to the terms and conditions of employment as an English Teacher at XXX. In signing this mutual agreement, we each understand fully our responsibilities and obligations to the other party.
In witness thereof, we have affixed our signatures hereon. |
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Lucas
Joined: 11 Sep 2012
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Posted: Thu Oct 24, 2013 9:20 pm Post subject: |
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| Remove the schools number/address from your post. |
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Zalithian
Joined: 26 Mar 2013
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Posted: Thu Oct 24, 2013 9:22 pm Post subject: |
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| I'm no pro, but it sure seems like they expect you to work more than usual. 6+ hours a day of actual instruction unless I'm reading it wrong. You should only be teaching about 4 hours a day. |
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Porksta
Joined: 05 May 2011
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Posted: Thu Oct 24, 2013 9:42 pm Post subject: |
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| Lucas wrote: |
| Remove the schools number/address from your post. |
Not that it matters, you would be a fool to accept. Low O/T wages, split shifts, a mandatory government seminar (no such thing), wrong tax, wrong insurance, and shared housing? Run like the wind. |
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RangerMcGreggor
Joined: 12 Jan 2011 Location: Somewhere in Korea
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Posted: Thu Oct 24, 2013 10:07 pm Post subject: |
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| Porksta wrote: |
| Lucas wrote: |
| Remove the schools number/address from your post. |
Not that it matters, you would be a fool to accept. Low O/T wages, split shifts, a mandatory government seminar (no such thing), wrong tax, wrong insurance, and shared housing? Run like the wind. |
And 136 hours a month? Dear lord |
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fezmond
Joined: 27 Oct 2008
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Posted: Fri Oct 25, 2013 2:38 am Post subject: |
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teacher must get enough rest on a sunday
6.5 hours of teaching a day? You'll be burnt out if you're doing that M-F.
Shared housing? I didn't think anyone did that these days.
Shitty contract, don't take it. |
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nicwr2002
Joined: 17 Aug 2011
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Posted: Fri Oct 25, 2013 4:57 am Post subject: |
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H. Housing
XXX will provide the Teacher with a shared apartment. Furnishings provided
No way!
5. Staff meetings and school events will be scheduled at the discretion of the XXX director. The attendance of Teacher is mandatory. Staff meetings will allow time for discussion of topics of current concerns within the program such as new policies, procedures, methods of training, instruction, curriculum and other matters as needed. XXX staff is encouraged to help work out practical solutions to problems at these meetings.
They will kill you with this since this is a Kindergarten. They have a student performance every year and they make the Korean teachers work like 16 hour days 7 days a week to prepare for it. They will definitely try to make you do some work for that as well. |
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beentheredonethat777
Joined: 27 Jul 2013 Location: AsiaHaven
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Posted: Fri Oct 25, 2013 6:06 am Post subject: |
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There is actually another thread for this type of post (CONTRACT REVIEW POST) but since its here, I'll comment.
DO NOT TAKE THIS JOB!
THE CONTRACT IS HORRIBLE!
THE DEMANDS ARE OUTRAGEOUS! |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Fri Oct 25, 2013 12:23 pm Post subject: |
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| mosey wrote: |
Hey thanks for the help! I trying to use this first contract as well as many others in this thread to educate myself on the sticky stuff that we all need to watch out for in a contract. (I have absolutely not intention of signing)
Can someone tell me if I am considered an Independent Contractor or an employee in this contract No mention is made of pension and the healthcare is looked after by an insurance company ? are these telltale signs that you being identified as an IC in the contract?
What I have learned about contracts and what I have learned to watch out for so far (am I on the right track?):
1)Making sure you are an employee of the school and not an independent contractor (In a proper contract you will be called employee and not teacher )
2)Making sure you are registered with the National Health Care system and not with a private insurance company - How necessary is this?
3)All employee are required to pay 4.5% into national pension and employers are required to match this by Korean law. At the end of your time in Korea you receive this money back - If you are an Independent Contractor the employer does not need to pay into this, however as an Independent Contractor you are supposed to still make contributions into the pension (although you will likely never have to). - Yes?
In some cases these employers still deduct this 4.5 percent and deduct the income taxes and simply keep it for themselves? - Independent contractors are expected to pay their own taxes, so in theory even though the employer is deducting these wages, You may also have to pay them. (Paying taxes twice) - How likely is this to happen???
Would you guys only take employment when the employer registers you will the national health care ? and would you only take employment with a school that states that they will be paying into the national pension?
I feel like these things are important, because then the government knows you exist and are paying contributions to the ROK - It seems to me if you are paying a private insurance company, no national pension, and no income tax dollars (except what your boss claims to be paying), the doors are open for shady business to transpire.
Would love to hear feedback on the things I have stated/asked. There seems to be fine line between being ignorant and being overly paranoid.
Thanks again!! |
Yes, the contract you posted above is an Independent Contractor contract.
You should turn it down.
It is perfectly legal to be an IC on an E2 visa in Korea, Immigration accepts such contracts even when they are clearly labled as IC contracts. It is not up to Immigration or the Labor Office to regulate or change this status. About half of all Korean workers fall into that category according to government data from the National Pension office, as posted and linked to serveral times on differend threads, so this law is not likely to change soon.
Many posters, such as Centralcali, hurt teachers by misleading them into thinking that such contracts are illegal, so teachers think they are safe and don't look out for them. They expect the government to help them out. They won't. The posters who have taken the route of ranting about their status as ICs - claiming "it's illegal" - while filing complaints with various offices, have found themselves thrown out of those offices, according to threads here on Dave's.
So, you need to watch out for these things and turn down these contracts:
Your contract above does not call you an "employee" but instead uses the term "teacher." Lack of the word "employee" occurs in both employee contracts and IC contracts, however. You have to read the other terms. Some IC contracts use the term "employee" as well, which could be fraud in a civil case, but you want to avoid that trouble and expense.
The contract above clearly states that you will have a form of private health insurance and not the National Health Insurance, meaning you will be an IC. As an employee you would be required to enroll in the NHIC through your employer. As an IC you are still legally required to enroll yourself.
The contract does not mention the National Pension. National Pension should, but may not always, be included in employee contracts. Employees are required to enroll through their employers. ICs are required to enroll themselves (with some exceptions such as those over age 60, from South Africa or with accepted alternate pension plans.)
For employees, the income tax rate should be according to the Tax withholding calculator. For most E2 teachers, the withholding tax should be under 2% - it's progressive, so it depends on your salary and number of dependents. The IC income tax withholding rate is 3.3% generally (not always). However, a very high percentage of E2 teachers who are employees also have 3.3% withholding. This is based on misunderstanding of the tax withholding rules by accountants and even many tax office workers who give out incorrect information, as well as by numerous hogwan owners and managers and even some Government school accountants who withhold at the 3.3% rate for E2 teacher employees.
It is not illegal to withhold at 3.3% for employees when the rate should be under 2% as long as all the money is paid in to the Tax Office or the excess is returned to the employee when the required tax report is filed. However, small employers only file these reports once or twice per year, so you generally can't check on this with the Tax Office since nothing is due to be filed by your employer during most of a one year contract.
The actual taxes you have to pay may be the same or lower as an IC. However, you have to file an income tax return to get the overage refunded.
Getting into specifics:
These days a standard contract would be for 2.1 or 2.2 million won per month for a new E2 teacher. As an IC you lose out on many benefits as seen above. You would need about 2.4 or 2.5 million to adjust for just these losses.
Your contract above amazingly offers shared housing. I'd say this is unacceptable, but the financial value of this might be another 0.3 mil/month.
You also have about 10% more hours than usual and a lot of petty nonsense in the contract. Another 0.3 to compensate.
Which means you should get at least 3.0 mil won/ month for the contract above - and still suffer with shared housing.
Run.
Say no to IC contracts. They may be legal, but so is working too many hours for too little money - you could legally work 40 hours per week for 1.4 million per month. Would you? You have to watch out for yourself. No one in the government will help you if you take a bad contract for low pay or as an IC. |
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