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is 400,000 won enough for a month?
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greyhound



Joined: 10 Jun 2016

PostPosted: Sun Jul 10, 2016 1:26 am    Post subject: Reply with quote

I don't mind paying back the flight up to 6 months but I don't like having to pay the flight back after 6 months. In any case, I'm in this gig for the whole 12 months come what may. I just don't want to get fired that's all for no reason and be left without a job. That happened to me recently and I had to make my own way back home. I got the employer to pay back my expenses though.

It doesn't say I will get my visa reimbursed in the contract. I've not heard this is standard practice in Korea to reimburse visa costs.
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CentralCali



Joined: 17 May 2007

PostPosted: Sun Jul 10, 2016 1:48 am    Post subject: Reply with quote

greyhound wrote:
Most hagwons from what I've heard are screw joints anyway.


That's no reason to go into a job with blatantly illegal provisions in the contract. You would have served yourself better had your first questions on this site concerned contracts and other employment issues instead of the embarrassments you posted.

Quote:
I'm getting just 500 quid a month in the UK so I need this job. Who do you work for then? PS? That would do my head in trying to teach a load of elementary kids 8 hours a day. This is an adults job so it will be laid back (from what the current teachers have said).


I work at a high school in China. I spent a few years in Korea working for the public schools. Nobody teaches kids eight hours a day. You're also dreaming if you think that teaching adults in Korea will be "laid back". Another thing, oft-mentioned on this site, is that you really cannot rely on what current teachers at a hagweon tell you about the hagweon.

Quote:
It states in the contract I am known as the 'Teacher' and the employer as the 'institute'.

The teacher pays 4-8% tax as per Korean law.


Check the rate. ttompatz is the go-to person about the "creative reporting" a number of hagweons have used regarding tax rates. What your employer tells you in your contract is not necessarily what your employer tells the tax office, the pension office, and the national health office. The percent of your salary they deduct is a dead giveaway.

Quote:
It does seem to say however first that you have to pay back the flight if you terminate the contract within 6 months but then at the end it says you have to pay back the flight and 1m won if you don't complete the 12 month contract. So, which is it then 6 months or 12 months? prob 12 but why does it state 6 months first of all?


Because they simply did not pay attention. You're familiar with that, right? After all, you haven't paid attention to what a few posters on this board have told you.

Quote:
I am NOT going to pay for my medical or ARC I will make sure the employer pays it.


Hah! You cannot make sure your employer in Korea does a blame thing. What you can do, after six months have passed, is report the employer to the appropriate government offices. Of course, you can also find yourself getting fired for that, although it's illegal to fire someone for it. If it's not in the contract, your employer is not paying your visa processing or medical exam fees.

Quote:
Severance pay is 2.3m won.


No, it's not. It's your cumulative pay, including overtime, for your last three months worked, divided by three.

Quote:
If all these American blondes in their 20s didn't want to travel to Korea for a "job" then perhaps employers would reimburse visa costs and have better contracts.


What are you talking about? Employers have cruddy contracts because of people like you who don't listen to those who have experience and knowledge of the issue, because of people like you who think that Korean employers and the Korean government are like British employers and the British government.

Quote:
I bet most hagwons cover themselves in case a teacher leaves a contract early. I bet most ask for their flight money back.


They all ask for flight money back if the employer leaves the contract early; most ask for that if the early departure is prior to the six month mark.

Quote:
I don't know about the 1m won to replace a teacher though. Is this legal to ask for this under labour law?


It's a punitive clause and thus a violation of the labor standards act. So, when it happens to you, when you get fired in the eleventh month, when you have nowhere in Korea to live, no job in Korea, and your employer does not pay you because the employer "has to pay for the replacement teacher", what's your plan?

Quote:
You seem to moan about other people's contracts.


Are you unfamiliar with the English language? I do not whine about anyone's contract. I merely post my observations.

Quote:
If you don't like Korea, why don't you just work in California then instead?


I love Korea. As a matter of fact, I'm headed there on my next holiday in September. I spent years working there, and will work there again hopefully. What I will not do is sign a contract like yours, nor will I make the incredible mistakes you're making.

Quote:
My mate is American and edits films there freelance and last year he made 100,000 dollars. You can make tonnes in California in the film industry why do't you do that instead of teaching kiddies English then if you don't like Korean contracts?


I believe this about as much as I believe a number of your other assertions on this site.

I've no problem with Korean contracts, provided said contracts comply with the labor standards act. Quite a few do. For the unwary (that would be you), it's easy to fall afoul of a shady employer.

You simply do not know what you are talking about.
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greyhound



Joined: 10 Jun 2016

PostPosted: Sun Jul 10, 2016 3:55 am    Post subject: Reply with quote

The other teachers have managed 12 months so I don't see what's so bad about the school. The CEO hasn't fired any teachers in month 11 I don't think. They're all still there at the moment working. They are looking for 3 new teachers however.

I will find out about the 1m pay back and having to pay back the flight up to 12 months tomorrow then.

I have no idea about Korea work contracts as I have never worked there before. I therefore had nothing to go on when I signed the contract. It was a lot better than some CHINESE contracts I've seen where it stated "if the students don't get on with the teacher the contract can be terminated"

or "you will be paid 250RMB per hour"

China TEFL is crap pay, they don't pay your flight out there upfront (so it's a risk of losing your money if there's no job to go to), salaries are anything from 8000RMB-18000RMB per month, the lower paid salaries often having free accommodation. A lot of contracts offer you a fake 2000 RMB housing allowance. I say fake, because it's terribly expensive to set up a flat in CHina and it's much more than 2000 a month anyway. A decent flat will cost 6000 a month minimum. That's from international teachers I'e spoken to who are on proper international packages and they earn more than 30,000 RMB a month PLUS free accommodation in expat areas. I nearly went with a job at WSE in Shenzen at the beginning of the year but they didn't offer it to me in the end. Thank God. 18k a month and you have to find your own place to rent AND they don't reimburse your flight unless you work in Shanghai or Beijing. This Korea contract is MUCH better than the Chinese ones I've seen.
All he's saying in the Korean contract is you have to pay your flight back if you don't complete the 12 months. This happens even for international school teachers working for Search Associates. If you break a contract at one of their schools you are required to pay $1800 back plus other costs I can't remember now. So, this hagwon are just covering themselves if you leave early, which I am not intending to do.

It is quite laid back in what you teach the students apparently. There is also IELTS for some classes and you can use IELTS course books for those classes.

He says severance is 2,3m won. I guess he will know it's the last 3 month's accrused average salary then. He probably just put that figure down as an average salary. But I will check with the other teachers on this.

I don't see why you think I have signed such a cruddy contract. Everything is on the contract except ARC/medical. I must say I don't like the 1m won thing to replace a teacher but then they do have to pay recruiters an agencies to get teachers in Korea so they're just covering their backs again. If you ran a Hagwon, you'd want to recover your money too recruiting a teacher who leaves early. That's business I'm afraid! ANyway, as long as the job goes smoothly, they won't be after me for all this money.

My friend is American and studied motion film directing and editing. He told me the other night over skype he had two contracts last year, one paid 50,000 and the other 60,000. It t ook him all year to complete. I don't think he's doing as well this year though as he hasn't got much work in. it's all freelance and he pays $1500 every month for a 1 bed in Burbank near Hollywood boulevard. I've known him for over 20 years and been to his parents' house twice; His dad was an American doctor from argentina and he also made lots of dollars before he retired. They had a nice 3 bedroom detached home in Scottsdale AZ but they've moved since retiring.
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greyhound



Joined: 10 Jun 2016

PostPosted: Sun Jul 10, 2016 4:14 am    Post subject: Reply with quote

[quote="CentralCali"][quote="greyhound"
Quote:
What I will not do is sign a contract like yours, nor will I make the incredible mistakes you're making.

.


What incredible mistakes???? You're only unhappy with the 1m won clause and who is going to pay the ARC/medical (not a fortune I guess)


Is this the number for the labour board +82-52-702-5089 (ext.5)
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greyhound



Joined: 10 Jun 2016

PostPosted: Sun Jul 10, 2016 4:16 am    Post subject: Reply with quote

Is it standard practice then to reimburse all visa costs in Korea? I can't see on the contract that it's going to be reimbursed.
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Aine1979



Joined: 20 Jan 2013
Location: Incheon

PostPosted: Sun Jul 10, 2016 4:52 am    Post subject: Reply with quote

greyhound wrote:
Is it standard practice then to reimburse all visa costs in Korea? I can't see on the contract that it's going to be reimbursed.


No, it isn't, they won't be reimbursed. Some contracts will specify that all costs in getting your visa (and by this they mean ARC) are the employee's responsibility. Others don't.

You have asked a lot of questions both on this forum and on waygook, but the one thing you don't seem to have done is posted a copy of your contract for more experienced people to read over and check for red flags - it's one of the most useful things about these forums - most people who come to Korea for the first time don't know a good contract from a shady one, so having people who do know take a look is sensible.
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greyhound



Joined: 10 Jun 2016

PostPosted: Sun Jul 10, 2016 5:28 am    Post subject: Reply with quote

DESCRIPTION: This document describes a contractual agreement between ___________(hereafter called “the Institute”) and a native speaker,
_______________(hereafter called “the Teacher”) who agrees to teach for a period of time
(July 11th 2016 ~ July 10th 2017) at _______________
Name:
Date of Birth: Academic degree:
Citizenship: Date conferred:
Major: Conferred by
________________________________________________________________________
1. Purpose of this contract
The Teacher will teach and train students at the educational institute and time designated
by the institute and shall develop educational programs for students. During the term of
this agreement, the Teacher must follow and strictly comply with the Institute’s policies
and guidelines.
2. Duration of contract
This contract is valid for one year, starting from the date the teacher starts teaching.
3. Duties of employees
During the term of this Agreement the teacher shall accept, obey, and strictly comply with
the instructions, supervision, training, and discipline of the Academic Director and shall
carry out such assignments as directed by the Academic Director. These duties shall
include administrative duties related to the Employee, classroom duties, administrative at
scheduled staff meetings, workshops, and school sponsored outings and any other duties
as may be assigned by the Academic Director.
The teacher shall faithfully teach and train students at locations designated by the
Institute.
Teacher will teach thirty (30) hours of English language classes a week from Monday
through Friday
The work week runs from Monday through Friday. The teacher will not be required to
teach Saturdays or Sundays. (There are maybe exceptions such as various special events
such as festival, activity or open class. In these instances the teacher will be notified at
least 2 weeks before the event.)
Hours of operation are as following: 2:00pm - 10:30pm Monday – Friday
(The time may be altered following the student needs and wants.)
1:30pm - the time to attend the office
2:00pm - 3:30pm, 4:00pm – 5:30pm, Dinner Time: 5:30pm – 6:30pm
7:00pm – 8:30pm, 9:00pm – 10:30pm
The teacher will work according to the institute’s schedule.
The teacher would be expected to be at school prior to the start of the first lesson and
always be prompt to attend all timetabled classes during the day.
The teacher is also expected to do sufficient preparation for class, prior to any classes,
and will be requested to attend organized staff meetings, and evaluate and report
Signature:___________________
Instructor ____________________
students' progress. This will be unpaid.
Without the Employer's consent, the teacher shall not render service elsewhere or hold
concurrently any post unrelated to the work agreed on with the Employer.
The teacher shall complete the tasks agreed on schedule and guarantee the quality of
work.
Professional dress and grooming in the work are essential to maintain the desired
reputation to the school. The Employer shall establish general guidelines for this.
The teacher must notify the Employer at least three hours before class time of illness with
the doctor's diagnosis.
The teacher must behave in professional manner during class or when socializing with
students after class.
The teacher must plan social activity and participate in that at least once every 6weeks to
make a good relationship with students and co-workers.
At all times during the term of this agreement, the teacher will directly adhere to and obey
all the rules and regulations that have been or may hereafter be established, by the
Employer for the conduct of the Employee or generally for the conduct of instructors at
the place of employment.
4. Travel expenses and living Accommodations
Economy class air ticket from the nearest international airport to the employee in US to
Korea will be provided to the employee before he/she leaves USA or Canada on condition
of arrival in Korea or the school will reimburse the teacher in case the teacher buys the
ticket. (_____________provides only a one-way ticket to come to Korea.)
When the Employee resigns within 6 months from his/her arrival in Korea because of the
Employee’s faults, the Employee shall reimburse the Employer the airfare paid at the time
of arrival in Korea.
When the Employee resigns after 6 months from the Employee’s arrival in Korea and not
completed 1 year contract, the Employer shall not give the Employee a returning ticket to
his/ her home country.
The institute will provide the Teacher with private furnished living accommodations (rent
Signature: ____________________
Instructor__________________ free).
The Teacher is responsible for the monthly telephone charges and all utilities (electricity,
water, gas.,..).
5. Holidays and Vacation
Ten days - vacation (5 days in summer, 5 days in winter) designated by the institute and
all Korean national holidays will be allowed to the teacher during the year of his/her
employment.
6. Payment
Monthly payment shall be 2,300,000 won in Korean currency. Teacher will be paid
2,300,000 won as severance pay at the end of the one year on successful completion of
one year contract.
Teacher will be paid 20,000 won / hour as an over time teaching payment if he/she
teaches more than 30 hours per week.
Payment will be given on the 3rd of each month.
(Extra class may be held during the summer and winter vacation season. It depends on
student enrollment.)
7. Other Employment
According to Korean teaching visa regulations (E2 visa), the Teacher must not accept any
other employment in Korea.
8. Principle of Good Faith
The institute and the Teacher shall execute the terms and conditions of this agreement
upon the principle of good faith.
9. Termination of contract
9.1 This agreement can be terminated the institute if there is sufficient evidence that the
Teacher has defaulted on the obligations as specified in this agreement and there is
manifest inability to perform the teacher’s duties. If the Teacher quits before he/she
completes the contract, the Teacher has to give at least 6 weeks notice to the institute.
9.2 In case of termination of contract before the completion of this one-year service by
the Teacher, the Teacher is to return to the institute the cost of the airfare that was paid
by the institute and one-million won (1,000,000 Won) as a replacement fee.
10. Taxes
The Teacher is responsible for payment of all personal taxes (4-8%) on the Teacher’s
Signature: ____________________
Instructor ____________________
payments according to the Korean laws.
11. Duty of Secrecy
11.1 The Teacher shall not disclose any of the contents of this agreement to a third party
(including other employees of the institute).
11.2 The Teacher shall not disclose any information relating to the contents of lectures
and business operation of the institute to a prior permission of the institute. Violation of
this portion of the contract will cause the Teacher to be responsible to compensate the
institute for all the losses suffered by the institute.
12. Insurance
The institute will cover half of the national medical insurance premium which total 600,000
– 800,000 won (est. $500 - 600 U.S.) per year.
13. National Pension Plan
In accordance with Korean Law all foreign workers employed by Korean business shall pay
into the Korean National Pension plan at a rate of 9.0% monthly. The Institute will cover
half of the National Pension Plan. Refund of the National Pension to a teacher who
becomes a compulsorily insured employee, where the Pension Act of the teacher's home
country provides the benefit corresponding to the lump-sum refund of the National
Pension plan, the lump-sum refund of this scheme shall be paid to foreigner. This may
change according to Korean Law.
Two parties have read, understood, and agreed to the above stated term and conditions
on the date above written.
Date:
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greyhound



Joined: 10 Jun 2016

PostPosted: Sun Jul 10, 2016 5:31 am    Post subject: Reply with quote

The only thing I can see which will cost a bit is if you lose your job and they want their recruitment costs (1m won) and flight back (up to6 or 12 months?)

Visa is not reimbursed and someone said that visas in korea aren't reimbursed.

Doesn't state who will pay the ARC/medical...it can't be as expensive as the UK.
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Aine1979



Joined: 20 Jan 2013
Location: Incheon

PostPosted: Sun Jul 10, 2016 4:17 pm    Post subject: Reply with quote

The points I would have asked for clarification on are

"The work week runs from Monday through Friday. The teacher will not be required to
teach Saturdays or Sundays. (There are maybe exceptions such as various special events
such as festival, activity or open class. In these instances the teacher will be notified at
least 2 weeks before the event.)"

It sounds like these special events will be unpaid, as your overtime rate specifically mentions teaching hours above 30 hours per week. I would want to know how often events such as these happen, and of they are counted towards overtime pay. My contract specifically states no more than twice a year and paid as overtime.



This part makes it appear that you will have quite a bit of additional work in addition to your teaching hours.

"The teacher is also expected to do sufficient preparation for class, prior to any classes, and will be requested to attend organized staff meetings, and evaluate and report students' progress. This will be unpaid."

How often will you be asked to evaluate and report student's progress? Is it verbal or written? I have to do a written report every 3 months, and I have plenty of prep time in my day to do it. I've heard of people doing 40 written reports every week.




Then there's this part

"The teacher must plan social activity and participate in that at least once every 6weeks to
make a good relationship with students and co-workers."

Again, sounds like more unpaid overtime to me. Who pays for these events? If you have to plan one once in every 6 weeks, does that mean others are also planning them and they're held on a weekly/fortnightly basis?


As said before, the clause about the recruiter fee is downright illegal, and at what point you would have to pay back airfare is ambiguous.

The vacation doesn't specify working days, make sure you get 10 days not including weekends.
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greyhound



Joined: 10 Jun 2016

PostPosted: Sun Jul 10, 2016 10:39 pm    Post subject: Reply with quote

I called the labour board and she said it is a violation under article 20 to force the employee to incur money in this way but she said the 1m won for termination of the contract might be difficult to judge. She said I could check with a lawyer.

The rest of the contract I am not too worried about although I'd prefer to just pay back the airfare up to 6 months so I have asked the recruiter to confirm.
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greyhound



Joined: 10 Jun 2016

PostPosted: Sun Jul 10, 2016 11:12 pm    Post subject: Reply with quote

I've just sent an email to an employment lawyer in korea to ask if it's a violation of article 20 to ask for 1m replacement costs.

The recruiter just emailed me and it's 6 months to pay back the flight.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Jul 10, 2016 11:19 pm    Post subject: Reply with quote

Article 4. You are flying out of the States? I thought you were in the UK? This might be an issue since they only need to buy a cheap flight to the States.

Article 5 is illegal. Labor law stipulates 1 day per month worked OR 15 days for an employee who has worked for more than 1 year.
labor standards act, Article 60, sub 1 & 2.

Article 6, your overtime rate (20k) is virtually the same as your regular rate (19,166) per class hour and less than labor law requires.

Article 7 is NOT correct. Other work IS allowed PROVIDED it is added to your ARC.

Article 9.1 stipulating 6 weeks notice by the employee is both illegal and unenforceable (prohibition against forced labor). They cannot require you to work against your will and you are protected from liability for non observance of the contract beyond the extent of termination of employment.

Article 9.2 is illegal under the labor standards act.

Article 10 is WRONG. The current tax rate for an employee earning 2.3 million won and who has no dependent is UNDER 3.2%. Prepare to be screwed. http://nts.go.kr/eng/ . On your salary you should pay about 870,000 won per year.

Article 12 is incorrect. It is actually a percentage of your salary although the amount is close to 800k won. Make sure you get your NIH card (usually a short while after you get your ARC).

You will NOT be reimbursed any of your out of country expenses (visa, authentication, etc).

You MAY have to cover the cost of your ARC as well since that would be a contractual matter and is NOT in your contract. If you are lucky the school will pay the medical costs but again, a contractual issue and NOT in your contract so you can probably expect to pay for that as well.
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TorontoToronto



Joined: 20 Jun 2016

PostPosted: Thu Jul 14, 2016 8:41 am    Post subject: Reply with quote

Regarding article 10, I'm wondering if its not meant to imply they will not withhold any taxes. They just want the teacher to agree the teacher will remit his personal taxes so the Korean tax authority doesn't come back at them. The % though off may just be an off the top of their head type aside.
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