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Have Accepted, Thanks for the Advice!

 
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Natasha Compagnon



Joined: 08 Nov 2004

PostPosted: Wed Jan 26, 2005 7:29 pm    Post subject: Have Accepted, Thanks for the Advice! Reply with quote

Hello! I applied to a recruiter - Koreana Teachers Center - who had an ad up on the Job Board here. Soon thereafter, he got in touch, we sent a few emails back and forth, talked on the phone, and he's sent me info on Daejeon and a contract to look over. If I'm interested, I can have a phone interview tomorrow.

So! This is moving quickly and I have to do a lot of serious thought and research tomorrow, but I wanted to ask for opinions on this contract now. It looks decent to me, though there are a few things I think I'll ask him or the school about tomorrow.

Thanks for any commentary or advice!


EMPLOYMENT CONTRACT
This employment contract has been made between Jungchul Language School, Shindoan,Daejeon, Employer (hereafter referred to as ��Employer��) and new employee (hereafter referred to as ��Employee��). Other articles that don��t exist on this contract will be followed by Labor Laws and employment regulations of Jungchul Language School..
<New Employee>
Name:
Date of Birth:
Passport No:
�� Present Address:

I. Period of Employment

The total agreement term is ___ 12____ months, commencing from the date of arrival in Korea and finishing on ____________________.
The term of this Agreement includes an orientation period, five (5) consecutive teaching sessions, and all scheduled vacations and holidays that fall between or during teaching sessions.
The Employee will discontinue residence in Korea under the visa status sponsored by the Employer upon the completion of this contract unless the both parties agree to renew the contract.
II. Conditions of Employment
Employee��s Duties:
During the term of this Agreement the Employee will perform the following duties:
1.1. EFL instruction in any phase of the Institute's program.
1.2. Curriculum design and implementation.
1.3. Development of educational programs and materials.
1.4. Extracurricular activities for/with students when needed.
1.5. Grading, evaluating and counseling of students.
1.6. Attendance at teachers' meetings and workshops.
1.7. Class preparation and lesson plans
1.8. Cooperation with the Vice-President in all aspects of employment.
1.9. Other related activities.
2. Working hours
2.1. Classes will be held from Monday to Friday during regular sessions.
2.2. The Employee will be required to work at the times the Employer shall direct.
(2:00 P.M ~ 9:00 P.M) But during intensive summer (July-August:4weeks) and winter (January-Febuary:5weeks) sessions, will be changed time table to 9:00AM – 7:00PM(The employee will be paid over time charge.)
2.3. Working hours may be modified from time to time at the sole discretion of the Employer depending upon a session and needs of the Institute.

3. Salary and Overtime

3.1. The Employee will be guaranteed (2,000,000) Won per month (before taxes) for teaching ( 120 ) hours per month. This is to be considered as the Employee��s contract hours.
3.2. Only the time worked in excess of contract hours will be considered as overtime. The Employee��s overtime pay will be (18,000)Won per (50) minutes. Attendance at scheduled staff meetings, workshops and class preparation (which is mandatory) will not be considered as overtime.
3.3. The salary will be paid on the first day of actual teaching every month.
3.4. Computation of the initial (first month of employment) salary will commence from the 1st day of actual teaching at the Institute and, therefore, will not include the orientation period necessary for familiarization with the Institute��s curriculum and the Employee��s duties.

4. Severance Pay

Upon successful completion of a full contract period (12 months), the Employee will be given severance pay which is equivalent to his/her monthly salary of (2,000,000)Won.

5. Benefits

5.1. Housing
The employer will provide the employee with a furnished apartment consisting of, but
Not limited to, base appliances.( TV, refrigerator, washing machine, bed, linen, kitchen
Utensils, telephone, internet, air conditioner,��) The employee will pay the cost of utilities.( water Gas, telephone bill, TV��). The employer will ensure that the apartment is clean. In return for a furnished apartment, the employee agrees to respect and care for the apartment , with the exception of normal repairs..

5.2. Vacation, Holidays and Emergency Leave
The Employee will have (a) public holidays detailed in a yearly calendar (in total approximately 14 days) (b) 10 days paid vacation( Summer 5days/Winter 5days) But paid vacations have to follow institute schedule, If the Employee wishes to take different dates from institute��s, he/she must get a permission from the Employer at least a two-month notice before taking a vacation; (c) up to 3 days of paid emergency leave in a year in the event of a death or serious illness of an immediate family member, such as grandparent, parent, spouse, children, brother or sister. The emergency leave will be granted and/or extended after a close consultation with the Vice-President. The Employee will bear the cost of transportation.

5.3. Health Insurance
The Employee will be provided with health insurance coverage from the designated public health insurance corporation with 50% of the premium paid by the Employer and 50% by the Employee.

5.4. Transportation
The Employer will purchase for the Employee a one-way economy class air ticket to Korea from a main international airport in the country/city where the Employee resides and from which he/she was hired. After completing a one-year contract the Employee will be provided with a return economy class air ticket.


III. Taxes and Other Deductions

The following taxes and deductions will be withheld from the Employee��s monthly salary:
A. Income tax required by the Korean Tax Law.(Currently 5%)
B. Health Insurance( 50% paid by the Employer, 50% by the Employee)

IV. Employee��s Conduct and Dress Code

1. During the term of this Agreement the Employee is expected to conduct himself/herself in a professional manner that would project a good image of the Institute. Therefore, the following forms of behavior will NOT be permitted:
Coming to the Institute and conducting class under the influence of alcohol or illegal drugs and while smoking;
Making sexual advances towards or entering into relationships with the students or employees of the Institute;
Using bad language in class that would offend or discredit students, the staff and the Institute.
Not following scheduled class timetables, canceling, starting classes late without the prior approval of the academic director.

2. The Employee should present himself/herself to students as a professional. Casual attire, provided it is clean and neat, is acceptable. However, NO blue jeans, sneakers and T-shirts will be allowed (unless otherwise instructed).


V. Duty of Confidentiality

A. The Employee shall not disclose information relating to the contents of lectures, teaching material and business operation of the Institute to any third party.
B. The Employee shall not disclose information regarding his/her salary, overtime payment, and contract hours to any third party, including other Employees of the Institute.


VI. Outside Employment and Conflicts of Interest

A. According to Korean Immigration Law, foreign workers are allowed to work legally in Korea ONLY for the Employer/Institute for which they have received a work visa.
B. By signing this Agreement, the Employee agrees to devote his expertise, time and attention to discharge his duties to his legal Employer and not to engage in any other activity that would in any manner whatsoever compete with the Employer and pose any conflict between the interest of the Employer and the other party and/or interfere with the performance of the Employee��s duties.
C. If the Employee wishes to accept any other employment, such as private or part-time teaching, editing and so on, he/she must get the Vice-President��s approval before doing so. Failure to comply with this rule may result in immediate dismissal.


VII. Dismissal, Voluntary Resignation and Liquidating Damages

1. The Employer will have the right to dismiss the Employee if or when:
The Employee repeatedly fails to perform his/her duties stated under this Agreement including but not limited to frequent absences from the place of Employment/Institute without approval of the Vice-President.
The Employee fails to conduct himself/herself in a professional manner (as described in Employee��s Conduct and Dress Code section of this Agreement) resulting in damaging the image of the Institute.
The Employee places any student or a staff person in jeopardy or causes significant material damage to the Employer as a result of his/her negligence or reckless behavior.
The Employee commits any criminal act inside or outside the place of employment/Institute. This will result in immediate dismissal with neither warning nor time for remedy being given to the Employee.
The Employee has already received three (3) reprimands (warnings) from the Employer of dissatisfaction with the Employee��s performance, and the Employee has not rectified the situation.

2. The Employee may not earlier terminate this Agreement without a good reason. If required, 45 days prior notice must be given to the Employer before termination of the contract.


3. In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket and will not give the severance pay. In addition, if the Employee voluntarily terminates this contract before the end of the contract, he/she will have to reimburse to the Employer the initial airfare and other expenses that the Employer has incurred in the process of hiring of the Employee, such as housing utilities deposit and other expenses (if applicable).


VIII. Understanding

Both parties have read the above terms and conditions and agree to fulfill them in good faith and will resolve any dispute in a reasonable manner.
All issues that cannot be solved by the two parties above will be solved in accordance with the appropriate laws of the Republic of Korea.
C. The contents of REI branch Teachers�� Manual are to be incorporated to be part of this employment contract.



The Employer and the Employee have executed this agreement and appended their signatures on the date below:


Employer Employee


Signature Signature

Date Date


Last edited by Natasha Compagnon on Mon Jan 31, 2005 6:40 am; edited 1 time in total
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Grotto



Joined: 21 Mar 2004

PostPosted: Wed Jan 26, 2005 9:33 pm    Post subject: yeah! another contract to rip apart Reply with quote

Quote:
During the term of this Agreement the Employee will perform the following duties:


Some of the items under this are pretty broad spectrum. Curriculum design? Not unless you pay me a hell of a bonus!

[quote] 1.4. Extracurricular activities for/with students when needed.
Quote:

I would ask for clarification on this, what activities are planned for the year? Travel time? Sleepovers? Shocked

1.6. Attendance at teachers' meetings and workshops.
Quote:

How long and how often? Paid or unpaid?

1.7. Class preparation and lesson plans
Quote:

Ask for an example of a lesson plan. How much time is required and expected for preparation?

1.8. Cooperation with the Vice-President in all aspects of employment. 1.9. Other related activities.
Quote:


Co-operation provided that they are legal and within reason and dont violate the contract.

Delete other related activities. If it isnt possible to list them in the contract then they arent worth mentioning(besides for any bullcrap they will always point to this clause and say this covers it)

(2:00 P.M ~ 9:00 P.M) But during intensive summer (July-August:4weeks) and winter (January-Febuary:5weeks) sessions, will be changed time table to 9:00AM – 7:00PM(The employee will be paid over time charge.)
Quote:


Long days to begin with and even longer days during summer and winter camp. 9-7=50 hours a week. Make sure the overtime is worth it.

2.3. Working hours may be modified from time to time at the sole discretion of the Employer depending upon a session and needs of the Institute.
Quote:


No way. This basically means that you will be working splits. It gives them carte' blanche to make you work whatever hours they want.

3.1. The Employee will be guaranteed (2,000,000) Won per month (before taxes) for teaching ( 120 ) hours per month. This is to be considered as the Employee��s contract hours.
Quote:


Interesting...they already have you working at the school for 35 hours a week.(2-9x5=35) does this mean you get 5 hours of overtime a week?

3.2. Only the time worked in excess of contract hours will be considered as overtime. The Employee��s overtime pay will be (18,000)Won per (50) minutes. Attendance at scheduled staff meetings, workshops and class preparation (which is mandatory) will not be considered as overtime.
Quote:


So a class hour is clearly defined as 50 minutes? Make sure that the 120 hours is twenty 50 minute classes instead of counting out every second.

3.3. The salary will be paid on the first day of actual teaching every month.
3.4. Computation of the initial (first month of employment) salary will commence from the 1st day of actual teaching at the Institute and, therefore, will not include the orientation period necessary for familiarization with the Institute��s curriculum and the Employee��s duties.
Quote:


So out of curiosity what do you get paid for working during the orientation period?

A. Income tax required by the Korean Tax Law.(Currently 5%)
B. Health Insurance( 50% paid by the Employer, 50% by the Employee)
Quote:


Tax is between 3-5% and actually lower for most teachers. 5% is too high.

B. The Employee shall not disclose information regarding his/her salary, overtime payment, and contract hours to any third party, including other Employees of the Institute.
Quote:


Not quite legal. You can always appeal to the labour board if you have a problem, which nullifies this part of the non disclosure agreement.

VII. Dismissal, Voluntary Resignation and Liquidating Damages

1. The Employer will have the right to dismiss the Employee if or when:
The Employee repeatedly fails to perform his/her duties stated under this Agreement including but not limited to frequent absences from the place of Employment/Institute without approval of the Vice-President.
The Employee fails to conduct himself/herself in a professional manner (as described in Employee��s Conduct and Dress Code section of this Agreement) resulting in damaging the image of the Institute.
The Employee places any student or a staff person in jeopardy or causes significant material damage to the Employer as a result of his/her negligence or reckless behavior.
The Employee commits any criminal act inside or outside the place of employment/Institute. This will result in immediate dismissal with neither warning nor time for remedy being given to the Employee.
The Employee has already received three (3) reprimands (warnings) from the Employer of dissatisfaction with the Employee��s performance, and the Employee has not rectified the situation.

2. The Employee may not earlier terminate this Agreement without a good reason. If required, 45 days prior notice must be given to the Employer before termination of the contract.
Quote:


Interesting they can fire you for a whole range of reasons without notice...you on the other hand must have a good reason and give 45 days notice.(after 3-6 months they must give 30 days notice and this should be reflected in the contract. Quid pro quo)

3. In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket and will not give the severance pay. In addition, if the Employee voluntarily terminates this contract before the end of the contract, he/she will have to reimburse to the Employer the initial airfare and other expenses that the Employer has incurred in the process of hiring of the Employee, such as housing utilities deposit and other expenses (if applicable).
Quote:


After 6 months you shouldnt have to pay back the airfare. The housing utilities deposit isnt your problem, as they will keep it in place for the next teacher they hire. Any 'other expenses' will be made up by them to drain every last won from your final cheque. Modify or delete this clause.

C. The contents of REI branch Teachers�� Manual are to be incorporated to be part of this employment contract.
Quote:


But they arent! If it is not in the contract in its entirety it cant be added on by mentioning it. Delete this clause.
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Rather_Dashing



Joined: 07 Sep 2004

PostPosted: Wed Jan 26, 2005 9:46 pm    Post subject: Reply with quote

Gj grotto. Indeed, that looks like a pretty fucking shitty deal.
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peppermint



Joined: 13 May 2003
Location: traversing the minefields of caddishness.

PostPosted: Wed Jan 26, 2005 10:50 pm    Post subject: Reply with quote

Actually guys- that seems like a reasonably fair contract. There are questions to ask about what duties exactly are required, but this clause here was the only thing that raised my eyebrows:

Quote:
The Employee may not earlier terminate this Agreement without a good reason. If required, 45 days prior notice must be given to the Employer before termination of the contract.


3. In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket and will not give the severance pay. In addition, if the Employee voluntarily terminates this contract before the end of the contract, he/she will have to reimburse to the Employer the initial airfare and other expenses that the Employer has incurred in the process of hiring of the Employee, such as housing utilities deposit and other expenses (if applicable).


The norm is 30 days notice to leave- not 45, but for a lot of people that's not a big issue. Find out what other expenses entails, and exactly how big that housing deposit is in the firs place.

It's not a great contract, but it's far from awful. ( Keep in mind that Rather Dashing isn't here yet. . )
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Grotto



Joined: 21 Mar 2004

PostPosted: Wed Jan 26, 2005 11:03 pm    Post subject: Reply with quote

Peppermint is right. There are much worse contracts out there. I just highlighted the ones that tick me off.

The biggest problem with Korean contracts is that they are almost always poorly written, totally in favor of the school and usually violate Korean labour laws on several levels.

Some of the items I highlighted werent neccesarily critiques just questions that I would be asking. Prep time? Meetings?

If you have one meeting a month for an hour thats not a problem. If you have 4 meetings a month for an hour or more each then thats a problem.

If they require you to come in to the school an hour or more before your class starts thats a problem(in my books) If you have to put in more than an hour of prep a day(including marking, photocopying, preparing etc...Wink then thats a problem IMHO

This is starting to sound like a Jeff Foxworthy show.

If you have to wear a tie and a dress shirt then thatss a problem.
If you have to work Saturdays, then thats a problem.
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Rather_Dashing



Joined: 07 Sep 2004

PostPosted: Thu Jan 27, 2005 4:07 pm    Post subject: Reply with quote

I don't mind wearing a shirt and tie to class

I have a billion of them Confused
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peppermint



Joined: 13 May 2003
Location: traversing the minefields of caddishness.

PostPosted: Thu Jan 27, 2005 4:28 pm    Post subject: Reply with quote

Yeah, Grotto- you don't in the public school system? Shocked

The dress code here is tight enough that I get disapproving looks if a collar is unbuttoned ( or worse a co worker attempting to fix it!), an absence of nylons in summer, or my skirt is too short( you can see kneecaps).

I don't really mind the dresscode, though- it's just Koreans idea of professional.
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Grotto



Joined: 21 Mar 2004

PostPosted: Thu Jan 27, 2005 6:04 pm    Post subject: Reply with quote

My dress code is pretty slack.

No sweats.

Thats basically it.

I can wear t-shirts, jeans, pretty much whatever I want. When I first started here I dressed pretty snazzy, after a couople of weeks though I noticed alot of the Korean teachers were wearing t-shirts and jeans and figured 'when in Rome'
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Natasha Compagnon



Joined: 08 Nov 2004

PostPosted: Fri Jan 28, 2005 5:44 am    Post subject: Reply with quote

Thanks, guys. I'm going to ask for some clarifications on the contract. The teachers I talked to sound alright, though they had to go before long to give a test. The foreign teacher said the director doesn't speak much English but is good about paying on time and listening to concerns.

The area also sounds okay, it's outside the city but not that far, and the foreign teacher says it's clean and pleasant.


Edit: I have some relatively professional clothes; button-up shirts, non-jeans pants, a long skirt or two ... I bought a couple of jackets recently, I have some sweaters and whatnot. I'm not used to dressing at all professionally, though! I've spent twenty years in casual dress for school, and my jobs were pretty casual too. Could some of you elaborate on dress codes or what you wear, please?

Oh, I remember reading about shoes, about how ones large enough for foreigns were (are?) rare. I have a few pairs to bring over, but I think I'll need better ones. Where would I go to get them? Costco and Walmart, or would I have to have them sent in or made?
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Natasha Compagnon



Joined: 08 Nov 2004

PostPosted: Mon Jan 31, 2005 6:41 am    Post subject: Reply with quote

I've spoken with the foreign teacher there, and things seem to have been worked out well. I've accepted the contract and may be coming over to Korea in late February. Depends on when I can get a flight.

Thanks for your help!
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Bunnymonster



Joined: 16 Mar 2004
Location: Tokyo

PostPosted: Mon Jan 31, 2005 6:47 am    Post subject: Reply with quote

Welcome aboard the good ship Korea, god bless all who sail in her.........
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tzechuk



Joined: 20 Dec 2004

PostPosted: Mon Jan 31, 2005 6:48 am    Post subject: Reply with quote

Natasha Compagnon wrote:
The area also sounds okay, it's outside the city but not that far, and the foreign teacher says it's clean and pleasant.


I am from Daejeon.. Exactly where are you going to be?


Quote:
Edit: I have some relatively professional clothes; button-up shirts, non-jeans pants, a long skirt or two ... I bought a couple of jackets recently, I have some sweaters and whatnot. I'm not used to dressing at all professionally, though! I've spent twenty years in casual dress for school, and my jobs were pretty casual too. Could some of you elaborate on dress codes or what you wear, please?


Casual is perfectly fine. Obviously they wouldn't want you to go in wearing jeans with holes in them.. but you do not need to be smart. A jumper and some pants/jeans totally suffice. My godmother (a mature lady from Canada) wore shorts to teach in the summer and that was totally accepted.

Quote:
Oh, I remember reading about shoes, about how ones large enough for foreigns were (are?) rare. I have a few pairs to bring over, but I think I'll need better ones. Where would I go to get them? Costco and Walmart, or would I have to have them sent in or made?


Well, it depends on what size you wear. Walmart has started selling shoes from George (a UK brand), so those go up to quite large. I don't think you actually will have problem buying shoes here. They sell Dr. Martens and Rockport etc.. albeit fairly expensive because of import duties etc. but you will be able to find some. For cheapers shoes, Itaewon might be the place? I am sure other expats will have more to say on this subject.

Congrats on getting the job. Hope you will like it here!
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