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prosodic
Joined: 21 Jun 2004
Location: ����
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 Posted: Sat Aug 28, 2004 9:26 am Post subject: |
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| inkoreaforgood wrote: |
| If I had been in that situation, I would have said to heck with them when they showed that first crud contract. |
In all fairness to the institution, I've decided to copy and paste the original and revised contracts. There's no reason why anybody should take my word for the fact that it was a crud contract. Actually, there were only three clauses that I revised.
| original contract wrote: |
EMPLOYMENT CONTRACT
This agreement is made between and XXXXX, Chairman of the board of trustees of XXXXX Academic Foundation, located at 393 Anseo-dong, Cheonan-si, Chungcheongnam-do, KOREA. The purpose of this written agreement is so that a clear understanding exists between employer and employee for the mutual benefit of both.
Employer: XXXXX
Chairman of the board of trustees of XXXXXX Academic Foundation,
Employee: Name:
Date of Birth
Nationality
Passport Number :
Position: Full-time Lecturer
SECTION ONE : TERM OF EMPLOYMENT
The term of this contract is a period of one year, commencing on Sept 1, 2004 and terminating on August 31, 2005. In the case of first-time employment, regardless of rank, the contract period will be for eleven months. Contracts for subsequent years of employment can be negotiated.
SECTION TWO(A) : WORK WEEK
The employee is required to teach 18 classroom hours which includes the classes at a place Foreign Language Center desiginates per week, with office hours to be set from 9:00 a.m. to 6:00 p.m. from Monday to Friday outside of class times. In addition to the instruction time, the employee is required to participate in university meetings and events, whether on or off campus, such as faculty meetings, workshops, and special student events.
SECTION TWO(B) : DOCUMENT SUBMISSION
The employee is required to submit course syllabus, tests, evaluations, and other related documents at prescribed times. The employee will be given advanced timely notice (written and/or oral) about these documents and their submission dates.
SECTION TWO(C) : EMPLOYER'S JURISDICTION
XXXXXX College is the employee's sole employer and reserves the right to set the employee's work schedule which the employee is expected to carry out faithfully. If the employee desires to work outside of the XXXXXX College, permission must first be obtained from the president of college.
SECTION THREE : COMPENSATION
1. MONTHLY SALARY: The employee will be paid a monthly salary of 2,000,000 won, which includes vacation months. The monthly salary consists of a base salary and bonuses. Base salary is a little less than 60% of the monthly salary with the rest consisting of bonuses. Korean income tax will be deducted from the pay if applicable as required by law. There are also deductions for pension payments. In addition, one half of the monthly medical insurance will be subtracted from the monthly pay.
2. PAY PERIOD: The salary is paid on the 25th of every month. The paycheck is for the entire month and is automatically transferred to one of the banks designated by the university.
3. MEDICAL INSURANCE: The employee, spouse and children (present in Korea) will be covered by medical benefits under the Korean national Medical Insurance Union. The employee is responsible for one-half of the monthly insurance premium. Payments will be deducted from the salary each month.
4. HOUSING: The employee is provided with housing on or off campus. The housing is in an apartment with at least one bedroom, a bathroom and a cooking area. All furnishings, and appliances (a refrigerator, a gas burner, a washer) provided are the property of the university. The resident pays for cooking gas and for any private telephone lines. Off campus, apartment utilities are to be paid for by the employee.
5. PENSION : Every month, the employee will pay to the national pension fund. Monthly pension payment will be decided based upon the amount of the employee��s monthly salary. Half the payment will be deducted from the salary automatically and half of it will be paid by the university. At termination of the contract, the employer will be paid a pension upon request.
6. VACATION: A total of eight weeks vacation will be provided in a year in accordance with the academic schedule determined by the International Language Education Center. However, the employee must attend the meeting to prepare for class for the next session during the vacation period, when the International Language Education Institute requires it.
SECTION FOUR : SICK LEAVE
If any days are missed, a report from a physician must be submitted, or approval from the Head of the Department must be obtained. The missed classes must be rescheduled and made up. If more than a week is missed the employee will be paid half of his/her monthly salary. If more than one month is missed, the employee is required to take a leave for the rest of the semester without pay for that semester.
SECTION FIVE : ABSENCE
If the employee is absent or is going to be absent due to any special circumstance, he/she is required to contact the university at the first possible opportunity. Upon returning to school the employee is required to submit a written statement of the reason for the absence, and to make up missed classes.
SECTION SIX : TERMINATION OF CONTRACT
If the employee violates any regulations set forth in this agreement, the employer reserves right to cancel the contract. The employer will not be held responsible for the legal and/or financial consequences of such cancellation. In the event the employee wishes to terminate the contract, he/she must do so in writing at least two months in advance of termination. The university will send a release letter to the immigration office only in the case of a justifiable termination. Employees may not break contracts while school is in session.
SECTION SEVEN(A) : GOOD WILL
The employee agrees that he/she will at all times faithfully, industriously, and to the best of his/her ability, experience, expertise, and talent, perform all of the duties agreed upon, to the reasonable satisfaction of the employer. The employee must conduct himself/herself in a manner appropriate to an educator.
SECTION SEVEN(B) : DRESS CODE AND CONDUCT
Instructors are expected to dress formally during working hours and while on campus accordance to the Korean cultural expectations of those in academia working in the capacity of teachers and lecturers. The instructors are not to date students or develop any relationships beyond simple friendships, especially of a romantic or sexual nature. Instructors are to behave in a manner and use language that maintains the dignity of their positions. Instructors are not to behave towards or speak to students in any way that could be considered vulgar, immoral, degrading, or threatening.
SECTION EIGHT : INDEMNIFICATION CLAUSE
The employee will indemnify, and hold harmless the employer for any damages which the employee may sustain in any manner, through the misconduct or negligence of the employee.
SECTION NINE : GOVERNING LANGUAGE AND JURISDICTION
This agreement has been drawn up and executed in English. The English language text of this contract will govern and prevail over any translations thereof. This agreement will be interpreted according to the domestic laws of the Republic of Korea.
The employee understands and agrees that at all times during the term of agreement, he/she will strictly adhere to the terms and conditions of this contract. Furthermore, the employee will adhere to any laws and regulations of the government of Korea or any local government.
I HAVE READ THE CONTRACTUAL AGREEMENT AND CONSENT TO ITS TERMS AND CONDITIONS.
EMPLOYEE: ______________________________________DATE: _______________________
EMPLOYER: _______________________________________DATE: _______________________ |
*edit--Thanks Gord. I marked in bold sentences that I deleted in the revision. *
Last edited by prosodic on Sat Aug 28, 2004 5:55 pm; edited 1 time in total |
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prosodic
Joined: 21 Jun 2004
Location: ����
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| Posted: Sat Aug 28, 2004 9:29 am Post subject: |
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My revision:
| revised contract wrote: |
EMPLOYMENT CONTRACT
This agreement is made between XXXXX and XXXXX, Chairman of the board of trustees of XXXXXAcademic Foundation, located at 393 Anseo-dong, Cheonan-si, Chungcheongnam-do, KOREA. The purpose of this written agreement is so that a clear understanding exists between employer and employee for the mutual benefit of both.
Employer: XXXXX
Chairman of the board of trustees of XXXXX Academic Foundation,
Employee: Name: Karl Johnson
Date of Birth: November 30, 1973
Nationality: US
Passport Number: 210595584
Position: Full-time Lecturer
SECTION ONE : TERM OF EMPLOYMENT
The term of this contract is a period of one year, commencing on Sept 1, 2004 and terminating on August 31, 2005. In the case of first-time employment, regardless of rank, the contract period will be for twelve months. Contracts for subsequent years of employment can be negotiated.
SECTION TWO (A) : WORK WEEK
The employee is required to teach 20 classroom and tutoring hours which includes the classes at a place Foreign Language Center designates per week, with office hours to be set from 9:00 a.m. to 6:00 p.m. from Monday to Friday outside of class times. In addition to the instruction time, the employee is required to participate in university meetings and events, whether on or off campus, such as faculty meetings, workshops, and special student events.
SECTION TWO (B) : DOCUMENT SUBMISSION
The employee is required to submit course syllabi, tests, evaluations, and other related documents at prescribed times. The employee will be given advanced timely notice (written and/or oral) about these documents and their submission dates.
SECTION TWO(C) : EMPLOYER'S JURISDICTION
XXXXX College is the employee's sole employer and reserves the right to set the employee's work schedule which the employee is expected to carry out faithfully. If the employee desires to work outside of the XXXXX College, permission must first be obtained from the president of the college.
SECTION THREE: COMPENSATION
1. MONTHLY SALARY: The employee will be paid a monthly salary of 2,300,000 won, which includes vacation months. (note that a sentence was deleted here)Korean income tax will be deducted from the pay if applicable as required by law. There are also deductions for pension payments. In addition, one half of the monthly medical insurance will be subtracted from the monthly pay.
2. PAY PERIOD: The salary is paid on the 25th of every month. The paycheck is for the entire month and is automatically transferred to one of the banks designated by the university.
3. MEDICAL INSURANCE: The employee, spouse and children (present in Korea) will be covered by medical benefits under the Korean national Medical Insurance Union. The employee is responsible for one-half of the monthly insurance premium. Payments will be deducted from the salary each month.
4. HOUSING: The employee is provided with housing on or off campus. The housing is in an apartment with at least one bedroom, a bathroom and a cooking area. All furnishings, and appliances (a refrigerator, a gas burner, a washer) provided are the property of the university. The resident pays for cooking gas and for any private telephone lines. Off campus, apartment utilities are to be paid for by the employee.
5. PENSION: Every month, the employee will pay to the national pension fund. Monthly pension payment will be decided based upon the amount of the employee��s monthly salary. Half the payment will be deducted from the salary automatically and half of it will be paid by the university. At termination of the contract, the employee will be paid a pension.
6. VACATION: A total of eight weeks of paid vacation will be provided during the period of one year contract time.
7. AIRFARE: The employer agrees to pay economy class airfare for the employee. A one-way ticket will be reimbursed upon arrival. Assuming that the employee receives good evaluations, a return one-way ticket will be reimbursed upon the end of the contract. If the employee receives poor teaching evaluations, then the employer is not required to reimburse return airfare.
SECTION FOUR: SICK LEAVE
If any days are missed, a report from a physician must be submitted, or approval from the Head of the Department must be obtained. The missed classes must be rescheduled and made up. The employee will be allowed the full minimum number of sick days required by Korean law. Any days missed and not made up in excess of the number of sick days required by Korean law may be deducted from the employee��s salary. If more than one month is missed, the employee is required to take a leave for the rest of the semester without pay for that semester.
(note that a sentence was deleted from the Sick Leave Clause)
SECTION FIVE : ABSENCE
If the employee is absent or is going to be absent due to any special circumstance, he/she is required to contact the university at the first possible opportunity. Upon returning to school the employee is required to submit a written statement of the reason for the absence, and to make up missed classes.
SECTION SIX : TERMINATION OF CONTRACT
If the employee violates any regulations set forth in this agreement, the employer reserves right to cancel the contract. The employer will not be held responsible for the legal and/or financial consequences of such cancellation. In the event that the employer wishes to terminate the contract, thirty (30) days notice must be given to the employee in accordance with Korean law. In the event the employee wishes to terminate the contract, he/she must do so in writing at least two months in advance of termination. The university will send a release letter to the immigration office only in the case of a justifiable termination. Employees may not break contracts while school is in session.
SECTION SEVEN(A) : GOOD WILL
The employee agrees that he/she will at all times faithfully, industriously, and to the best of his/her ability, experience, expertise, and talent, perform all of the duties agreed upon, to the reasonable satisfaction of the employer. The employee must conduct himself/herself in a manner appropriate to an educator.
SECTION SEVEN(B) : DRESS CODE AND CONDUCT
Instructors are expected to dress formally during working hours and while on campus accordance to the Korean cultural expectations of those in academia working in the capacity of teachers and lecturers. The instructors are not to date students or develop any relationships beyond simple friendships, especially of a romantic or sexual nature. Instructors are to behave in a manner and use language that maintains the dignity of their positions. Instructors are not to behave towards or speak to students in any way that could be considered vulgar, immoral, degrading, or threatening.
SECTION EIGHT: INDEMNIFICATION CLAUSE
The employee will indemnify, and hold harmless the employer for any damages which the employee may sustain in any manner, through the misconduct or negligence of the employee.
SECTION NINE: GOVERNING LANGUAGE AND JURISDICTION
This agreement has been drawn up and executed in English. The English language text of this contract will govern and prevail over any translations thereof. This agreement will be interpreted according to the domestic laws of the Republic of Korea. In the event that this contract should differ from the domestic laws of the Republic of Korea, then the laws of the Republic of Korea shall overrule any clause of this contract.
The employee understands and agrees that at all times during the term of agreement, he/she will strictly adhere to the terms and conditions of this contract. Furthermore, the employee will adhere to any laws and regulations of the government of Korea or any local government.
I HAVE READ THE CONTRACTUAL AGREEMENT AND CONSENT TO ITS TERMS AND CONDITIONS.
EMPLOYEE: ______________________________________DATE: _______________________
EMPLOYER: _______________________________________DATE: _ |
*edit--Thanks Gord. I noted places where sentences were deleted and marked additions/edits in bold and italics.*
Last edited by prosodic on Sat Aug 28, 2004 6:03 pm; edited 1 time in total |
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Ryst Helmut
Joined: 26 Apr 2003
Location: In search of the elusive signature...
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| Posted: Sat Aug 28, 2004 1:10 pm Post subject: |
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| TECO wrote: |
LOL!!
Are you two guys serious? |
Yes, they is.
As for me....one of the last things I wanna do after a massive international flight is hang out for 10 hours in an airport (unless they've showering facilities and a kick azz bar).
!Shoosh
Ryst |
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Gord
Joined: 25 Feb 2003
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| Posted: Sat Aug 28, 2004 3:17 pm Post subject: |
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| prosodic wrote: |
| My revision: |
It would be far more useful and would end with more people reading it if you highlighted the parts you changed. Why have us spend 10 minutes figuring out what changes you made when a simple list would answer that completely in 10 seconds. |
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prosodic
Joined: 21 Jun 2004
Location: ����
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| Posted: Sat Aug 28, 2004 6:06 pm Post subject: |
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| Gord wrote: |
| prosodic wrote: |
| My revision: |
It would be far more useful and would end with more people reading it if you highlighted the parts you changed. Why have us spend 10 minutes figuring out what changes you made when a simple list would answer that completely in 10 seconds. |
Thank you Gord. I edited it to place key text in bold and italics. I also indicated points where I deleted text from the original.
Interestingly, I had them send me both the English and Korean versions of the contract. I think they were a bit surprised when I pointed out places where the two versions differed. |
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prosodic
Joined: 21 Jun 2004
Location: ����
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| Posted: Sun Aug 29, 2004 2:27 am Post subject: |
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I just have to say that Dave's ESL Cafe is a true community. I've received PMs from several people offering help and/or sympathy. I'm truly starting to think that the people on this board are the best people in the world.
Thank you to everybody. |
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prosodic
Joined: 21 Jun 2004
Location: ����
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| Posted: Wed Sep 01, 2004 8:47 am Post subject: |
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I just arrived in Korea a few hours ago. I'll be calling a couple of you in the next few days.
Here's what I have lined up:
interview with Sogang tomorrow
request for an interview with a foreign language high school (at 4 mil/month)
a few other possibilities in my back pocket (don't want to mention anything specific until it's more certain).
Thanks again for all the support. |
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prosodic
Joined: 21 Jun 2004
Location: ����
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| Posted: Fri Sep 03, 2004 12:09 am Post subject: |
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I start work on Monday. So let's see. I arrived Wednesday night at 9:30 PM. I had a university offer by 3:30 PM on Thursday.
I love Korea. |
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Zyzyfer
Joined: 29 Jan 2003
Location: who, what, where, when, why, how?
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| Posted: Fri Sep 03, 2004 7:01 am Post subject: |
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| prosodic wrote: |
I start work on Monday. So let's see. I arrived Wednesday night at 9:30 PM. I had a university offer by 3:30 PM on Thursday.
I love Korea. |
Yea, I arrived on a Friday night and had my interview that Sunday. |
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mog
Joined: 06 May 2004
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| Posted: Fri Sep 03, 2004 7:48 am Post subject: |
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| So where are you working? |
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Real Reality
Joined: 10 Jan 2003
Location: Seoul
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| Posted: Fri Sep 03, 2004 8:23 am Post subject: |
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prosodic wrote,
"I start work on Monday. So let's see. I arrived Wednesday night at 9:30 PM. I had a university offer by 3:30 PM on Thursday.
I love Korea."
Zyzyfer wrote,
"Yea, I arrived on a Friday night and had my interview that Sunday."
Congratulations.
So, who did you replace?
Was the position created for you? If not, why did the previous foreigner leave? Are you keeping the revolving door swinging?
I suppose your Korean employer saved some money.
Foreign instructors tend to be treated as hired hands, without academic standing, and lacking the possibility of career advancement or tenure. They must submit to yearly contracts (compensated at a rate only 60 percent of their Korean peers)....
http://joongangdaily.joins.com/200206/14/200206142349223599900090109011.html
Last edited by Real Reality on Fri Sep 03, 2004 9:07 am; edited 1 time in total |
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Zyzyfer
Joined: 29 Jan 2003
Location: who, what, where, when, why, how?
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| Posted: Fri Sep 03, 2004 8:57 am Post subject: |
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| Real Reality wrote: |
Congratulations.
So, who did you replace?
Was the position created for you? If not, why did the previous foreigner leave?
I suppose your Korean employer saved some money. |
Oh, the rampant assumptions! Indeed, it could only be ESLCafe. |
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Real Reality
Joined: 10 Jan 2003
Location: Seoul
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| Posted: Fri Sep 03, 2004 9:28 am Post subject: |
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Zyzyfer or prosodic,
Please post the salary schedule or scale for teachers, instructors and professors at your new place of employment. Your employer will readily provide you with one when you ask.
How are the annual pay increases? What is the pay for you after 20 years in the same high quality educational institution?
International Comparisons Of Expenditure On Education
Korea stands out as having a long scale reaching a much higher level than that of other countries. The starting salary for primary teachers in Korea is $24,140, marginally behind that for Australia at $25,775. Australia ranks 3rd in the starting salary offered to teachers but Australian teachers reach a relatively modest maximum of $36,175 (ranked 12th) quite early in their careers. Korean teachers, on the other hand, reach $39,921 after 15 years and $66,269 at the top of their scale.
(Unicorn Vol 26, No 2 July 2000)
http://www.austcolled.com.au/pubs.php?id=538
Last edited by Real Reality on Fri Sep 03, 2004 9:59 am; edited 1 time in total |
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ajuma
Joined: 18 Feb 2003
Location: Anywere but Seoul!!
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| Posted: Fri Sep 03, 2004 9:58 am Post subject: |
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| Whoah!!!! What about "Congratulations!" Do YOU Real Reality have a job that pays this??? Are you happy with your position? Feel fulfilled??? I think NOT! |
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Real Reality
Joined: 10 Jan 2003
Location: Seoul
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| Posted: Fri Sep 03, 2004 10:17 am Post subject: |
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Ajuma,
I am sure prosodic and Zyzyfer will be welcomed in their Korean places of employment in 10 years.
EFL Law Forum
from EFL-Law-Guy
Recently, we have become aware of 5 cases of employees (teachers) who have worked for 4 or more years, with the same employer, NOT being renewed. (4 years, 2 x 7 years, 8 years, 13 years,). It has also become known the Ministry has sent a directive to schools, universities, etc, that teachers with Long service should not be re-employed. Those who have been told to date include University teachers, College teachers and some Epik teachers.
from dg611
I worked at the same university for 4 years and they decided to let me go even though they originally told me I could stay for a maximum of 5 years. I imagined several possible reasons but No real reason was given. something to the effect of we want 'new' teachers.
http://www.koreabridge.com/forums/index.php?showtopic=3343 |
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