Korean Job Discussion Forums

[emilyann]

Hi people,

I would love to have some short comments about the following contract. Am I overreacting or is this a candidate for worst contract ever?


Thanks everyone!!!

Emily

...



EMPLOYMENT CONTRACT


The employer : School (specific name has been deleted from contract)
Inchon, South Korea

Business registration No. :
Date :

The employee :
Social security No. :
Passport No. :
Date of birth
Date :

This "Employment Agreement" is made on this date _______. 2004 by and between the Board of Directors of school (Hereinafter referred to as school) and , the employee (Hereinafter referred to as instructor)


1. Purpose of Contract
This contract is for matter of rights and duties between instructor and the school.

2. Position
The instructor is to be considered a full-time English instructor at the school.

3. Length of Contract
Beginning on _______ , 2004 and lasting until on _________ , 2005 . The above-mentioned contract might be extended by mutual agreement of both parties.

4. Instructor Job Description
1) Be punctual, reliable, and professional.
2) Must prepare lesson plans for each class.
3) Lesson plans and class reports must submit by the school's rule to select regularly.
And it must be on time.
4) Teach classes according to the approved methodologies.
5) Instructor must research and arrange materials for each class.
6) Must join in all the school events.
7) Submit plans for teacher's meeting.
8 ) Submit the written students progress report each month.
9) Abide by the rules and regulations of the institute.
10) Every weekly lesson plans must prepared by Thursday and submits to school manager
11) Check attendance status at the start of every class, in case of absence, notify to
Korean teachers.

5. Observance subject

5-1 Substitute for Illness
When an instructor is absent due to illness, he/she should contact the institute immediately. All the instructors are required to substitute others, class, even though it is overtime. If a class is canceled, the instructor will be asked to make up the missing hours on another day. The employee should submit the certification of illness after recovering.

5-2 Outside Employment
This contract can be terminated or canceled by the employer, and the employee violates the Korean law, if he/she is found to have other jobs (such as working at other institutes/organization or giving private lessons) during the term of this contract without approval of the institute. However, if there is a need by the Institute for outside instruction the employee can perform such work.

5-3 Code of Conduct
The instructors must conduct themselves in such a manner that will not result in damaging the image of the Institute. If the teacher fails to do so, the Institute reserves the right to terminate the contract. If the contract should be canceled for any reason during the contract period, all benefits and bonuses will be terminated.
If the instructor is late for class two times, extra duties will be assigned. The H.T and manager will decide it.

5-4 Dress Code
The instructors should not dress in an untidy manner. Suits are recommended. Fridays are designated as casual day expect in the event that a formal ceremony or event may be scheduled.

5-5 Preservation of Teaching Material
The instructor has to the inductive method of teaching and self-development programs. All these programs cannot keep one-self and must not take outside without employer��s approval. If the instructor terminates this contract she/he can be (charge of) prosecuted for a press law violation.

6. Benefits and Bonuses
6-1 Housing
The accommodation may be a one-room or an APT, etc. It can be shared with other teachers. However the instructor will have a private bedroom. The employer will pay the monthly rent for the accommodation; however, anything else besides monthly rent will be excluded. In the event Employee does not choose to live in the accommodation thus secured by the school. The school shall not be responsible for finding an alternate accommodation nor for furnishing such a accommodation. Employee should provide 30days notice to school when relocating to another place of residence. The employee should pay cancellation charges or other expenses. House to shift is must be in walking distance. And cannot use the house with stranger without the assent of the school.

6-2 Furniture
Such as TV, bed, Gas burner (2 burner) washer. Closet, refrigerator will be on the inventory both parties will sign for them and if any items are lost or broken the teacher will be responsible for them and will be charged.

6-3 Airline ticket
Employer will purchase for employee an economy class ticket. The return air ticket will be provided at the time of completion of employment. In the meantime cancellation of this contract, no return ticket will be provided.

6-4 Paid vacation
The Employee will receive 9-10 (excluding weekend and holidays) paid vacation days during the contract year. Vacation must be taken as scheduled in accordance with summer and winter vacation or be lost.

6-5 Paid for illness
The employee will receive 3 paid sickness days during the contract years. In this case must submit a doctor's description by authorized hospital. Also cannot exceed 20 working hours, if the Employee is absent for the class work more than 20 hours per year. Those times are substitute for the sickness days. More than 20 working hours, she/he should pay for being absent.

6-6 Emergency leave
Employee will be eligible to receive up to six (6) days of paid emergency leave in the event of death in employees immediate family (only parents, grandparents, husband, wife, son, daughter or brother, sister) The employee must provide authorized proof of emergency situation. The employee will bear the cost of transportation and other cost.

6-7 Annual Bonus
If the instructor honors and be satisfied her/his contract, she/he will receive a bonus (000000) at the end of each one-year contract.

7. Health Insurance
Employment shall be covered by an insurance policy; Employer will pay half (50:50) of it.
I want health insurance ��... ( )
I don��t need health insurance ���� ( )

8. Working days and teaching hours
8-1 Working day
Working days are Monday through Friday. Sometime Saturday, but this case school will notice to instructor before 3 days.

8-2 Teaching hours
The total number of teaching hours is 120 hours per month. The teacher must arrive 30 minutes prior to prepare for class or have an instructor meeting. In case no student is present for class, it will not be considered as working hours.

8-3 Training Days
The teacher shall have up to 2 weeks of training depending on the readiness of each instructor. If the instructor shall need only one week of training, then he/she will be paid 30,000 won per day which will be paid as part of the first month pay. If the instructor shall need two weeks of training, then he/she will be paid 40,000 won per day which will also be paid as part of the first month pay.

8-4 Overtime
Teaching hours in excess of 120 hours per month are considered overtime and paid (17,000) Korean won per hour.

9. Salary
9-1 Payroll
The instructor is to be paid a monthly fixed pay of -------million won regardless of exchange rate on the 10th of every month. Working hours will consist of 120 scheduled teaching hours per month. In the event that the actual number of teaching hours scheduled for any particular month is below 120 hours, the instructor will be required to perform related academic work under the supervision of academic coordinator to meet the 120 hours as contracted.

9-2 Payday
The payroll of monthly payday is 10th of each month. However, any delay of monthly pay will add up by each day.

10. Deductions
10-1 Taxes
Korean taxes (approximately 4~8%) are deducted monthly as required by Korean law.

10-2 Utilities
All utilities (phone, gas, electric, building-cleaning, water) will deduct from Instructor's monthly check.

10-3 Health Insurance Policy
Instructor will pay half of your own health insurance policy, from monthly paycheck.

10-4 Instructor will receive all the receipts.

11. Deposit for voluntary cancellation
11-1 Purpose
The total amount will be used as an expense to replace a teacher when the teacher leaves before the contract term.

11-2 Description
For the first 6months on the contract term 10% per month will be deducted form the Employees pay, The whole security deposit will be returned to the teacher at the time of completion of the contract term. If any of cancellation by instructor, the deposit will be held by school. Time of completion contract then deposit will pay out.

11-3 Renew for contract
Should the instructor renew for another contract, payment of security deposit is carried over until the time of completion of the subsequent contract periods.

12. Termination of Employment
If instructor broke clauses No.4 & 5, this contract can be terminated at any time by the Institute provided a 4weeks notice is given, and for serious cause without notice.
If the instructor wishes to terminate this contract, the instructor must provide 8weeks notice with a reasonable written explanation.
In this case, school has none of responsibility of deposit, air-ticket, pay, and annual bonus.

13. Completion
The summit of completion, the instructor will get pay annual bonus of one month, and air-ticket without delay. The air-ticket and others will be paid. Instructor will get all instructions from school 1 month before from completion, including:
a. Apartment checkout
b. The date of completion
c. Information about all deductions
d. Payroll and payslip
e. Payday

14. Restriction on Employment
When the contract term is completed with KIDS CLUB. The employee may get teaching job at another institute, however the employee cannot take a teaching job in the school's business area of whole Bupyeong District Town, Incheon city without employer��s approval.

15. Legal action
If there is a dispute between the parties involved in this contract, parties agree to the final judgment of a Korean civil court, or Korean civil law, whatever the final decision may be. If at anytime Employee leaves Institution without giving prior notice and without going through the appropriate procedures, Employer has the right to pursue legal actions, for damages and attorney fees against Employee. If Employee has left Korea altogether, Employer has the right to pursue legal actions outside of Korea.

16. Summary
I have read and agreed to the condition of employment as an instructor at the school. In signing this mutual agreement. I understand fully my responsibilities toward the school and accept the position on the basis of the job description in this contract.


The employer : Chair person of School

Date Signed :
Signature :

The instructor :
Date Signed :
Signature :

[maxxx_power]

*beep* that noise.

[Avram Iancu]

Emily,

As you are currently in Holland, let me couch my response in these terms:

Being employed as the sole cleaner of clogs after the annual Amsterdam "clogs-only" marathon would be preferable to this insult...

keep looking Embles...

[maxxx_power]

American Psycho by Brett Easton Ellis is by far the greatest modern satire ever written.

A damn fine film as well.

[dutchman]

You really expect someone to read through that entire contract and comment on it? Pay me 50,000 won and I'll comment on every line of it. (And that's cheap)

If you have concerns about it, ask about those concerns and I'm sure someone will be happy to help.

[emilyann]

First, you guys are funny, which I appreciate.

And, yes, it is long and yes, time is money I was hoping someone else would pick up on the things that seem glaringly wrong to me, thus confirming my suspicions. Such as

1) 4-3 and 4-10 (sounds like micromanagement)
2) 5-1 (sub for illness) how practical is this if you are suddenly ill?
3) 5-3 extra duties if teacher is late more than two times. Can we say 'childish'?
4) 5-5 Preservation of Materials, which includes some vague threat to prosecute?!?!
5) 11- deposit (well, at least they are up front about it)
6) 14 Restriction on subsequent employment
7) 17 legal action - I'm not sure they even have the legal basis for suing a teacher for legal damages if the teacher has left Korea, but it sounds scary anyways.

Ok, I'll be honest and say I have no intention of signing such a contract. I was just looking for confirmation that my expectiations are not too high. I realize there have been several posts about crappy contracts so maybe I'm just boring you, but I am even more suprised because a recruiter I thought seems fairly respectable (yeah, i know how most people feel here about recruiters) sent me this contract and now I'm starting to be convinced that all recruiters are *bleep*.

well, and i just thought the contract was so bad as to be entertaining, so I decided to share it with you.

cheers,
emily

[maxxx_power]

What is the name of the school and what is the name of the recruiter please?

[Avram Iancu]

Embles,

Part 14 mentions that it is a "Kids Club" which should be when you ask yourself,"is this really the kind of club for me?".

A change of name to the "Index Fingers United Rectal Probing Club" would be more applicable...

all the best.

[prairieboy]

Don't even give them the courtesy of a response. Look elsewhere.

That contract is a load of crap. In particular, the restriction on teaching in the same town can't be up-held. I had an employer try that but then later admitted he could not enforce such a provision.

Cheers an good luck.

[Dalton]

Kids Club has multiple blacklist posts any all blacklists. Save yourself a lot of grief and cross reference your school with the blaclists. They aint fantasy.

I'm late to the game but I stopped reading at:

2) Must prepare lesson plans for each class.

I'm not signing for 2.0 or 2.3 with 6 classes a day for this when so many schools give you a book and say "there's the class". I'll prepare lessons in my way on my time in that kind of school or not.

[tomwaits]

God help you if it's 30 classes a week. Written lesson plans due the week before-constant evaluations-notes for teachers meetings etc. Worked for these types before. They think if everything is recorded on paper it's all under control. They will likely badger you all the time.

"A suit is recommended." Never heard this one. I guess if they don't like a shirt you wear it becomes mandatory....

DELETE: Of course this school would never hire me so it's a moot point anyway.

[sublimeshawn]

looks pretty atrocious! looks like the schools been burned a time or two, which could say something about the school or not! I wouldnt sign that! Write in some provisions for yourself and bargain with them if their unwilling move on!

[Saxiif]

[sadsac]

It has the potential to be the worst contract ever posted on this forum. 10% for the first six months in case you decide to leave, that is very rich. There is definitely better for you out there. Good luck.

[prosodic]

Most schools think it's enough that you won't get return airfare or severance if you leave before the contract term ends. This deposit is the most evil idea I've ever heard.

Now, the question was if this is the worst contract ever. Well, it comes close. But I have seen worse.