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Contract offered - help needed!
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Juxtapozed



Joined: 21 Jul 2005

PostPosted: Sat Sep 10, 2005 12:30 pm    Post subject: Contract offered - help needed! Reply with quote

Hi all,
Long time reader, first time poster

I've been offered a job in Incheon. I spoke to the director, whose English was reasonable (better than I expected) and to a teacher who gave a fairly honest assessment of the job. It's teaching Kindy-16 year olds. class sizes of about 10 max. Job sounds ok, but I'm sure many do...

I've been mulling it over, and now have about 24 hours to decide. Being newish to these kind of contracts, am I missing anything in that's bang out of order? I'm know i'm not going to get the perfect deal but some things seem a little ambiguous, e.g. my paid holidays and little mention of orientation and training

I feel a bit rushed and don't want to just take any old offer. Should I accept this job?

1. Job position
This contract is entered into for the position of an English conversation instructor.

2. Validity of Contract
This contract becomes effective upon the signing of this document by both the Instructor
and the Institute.
This contract supercedes any and all prior agreements, oral or written, between the parties;
any future modifications to this contract must be made in writing by an officer or authorized
agent of the Institute with pre-approval by the President
of and executed by the signature of both parties. The Instructor's monthly salary shall commence
and count from the first day of his or her teaching in accordance with the Institute's schedule.

3. Period of Employment
The Instructor will be employed by the Institute from the following dates.
From: October, , 2005
To : October, , 2006
The period of employment under this contract will last for one calendar year from the date
of the Instructor's first day of work for the School, unless other written contractual agreements
have been entered into to amend this time period.

4. Weekly Working Hours
Instructor is expected to work from Monday through Friday, 30hours a week,
and thus, the Instructor is subject to be scheduled anytime within these hours, and occasionally
outside of these hours for special assignments. The Institute will attempt to make classroom
teaching hours consecutively, but such will depend upon customer demands and Institute's needs.
While the Institute will endeavor to set a regular schedule for the Instructor, the Institute
reserves the right to change this schedule at any time without notice so as to fulfill customer
needs and staffing requirements.

5. Compensation
A.Transportation Round trip economy airfare is provided with the one-year contract from the instructor��s nearest airport
to the international airport in Korea and transportation from the airport to the instructor��s residence in Korea
(by reimbursement). Upon arrival, the institute will reimburse a quarter of round trip airfare.
The other quarter will be paid after three months. Upon completion of this contract, the instructor will be provided with the half amount of round trip airfare. In case the instructor leaves the institute before his/her contract period ends, the will not pay for his/her return ticket.
If the instructor leaves the institute before six (6) months period of this contract for his/her own sake, the instructor must reimburse the institute the cost of the ticket the school has paid for his/her trip to Korea or the institute may deduct the same off the instructor��s last month payment.
B.Salary: A monthly salary(PCM)of 1.9 millionwon will be paid for either 120 teaching hours per month. The wage of 17,000 won will be paid for overtime compensation.
The institute will deduct 900,000won as a housing and utility deposit only from first monthly salary and will pay this deposit back to the instructor upon completion of one year contract.
C.Sick Days: Instructor will be paid for documented sick leave. If it is found that the days of absence reported
as sick leave were not in fact for such purposes, institute has the right to deduct sick leave payment from
following month's pay.
D.Insurance: A medical & accident insurance plan from an insurance company will be offered
to the instructor. The annual premium will be split equally between Instructor and Institute
if Instructor desires to be covered.
E.Tax: Korean income tax will be deducted from the instructor��s monthly salary according to the Korean tax law(4 %)
F. National Pension Plan: The instructor will pay 4.5% of Korean National Pension, which will be deducted from the instructor��s monthly salary.
F. Paid Holidays: All Korean holidays(13~15days a year) with 5 days of summer holidays will be organized by the Institute.
G.Severance payment: The institute will pay 1.9 millionwon to the
instructor when he/she completes this contract fully (with deducting income tax).

6. HOUSING
A. The institute will provide a rent free furnished apartment. The instructors will share housing with other staff members.
The instructors are responsible for utilities.

7. Instructor's Duties and Responsibilities
A. General Duties of Instructor
The Instructor's duty and responsibilities include, but not limited to, the following :
a. English as a Second Language(ESL) instruction in any and all phases of the Institute's program, or its franchise, subsidiary, or other designed location;
b. Preparation for classes; instructor is required to have 1-hour preparation time everyday for better quality of education.
c. The instructor is required to prepare his/her teaching schedule 1 week in advance for all the classes which Instructor shall
be in charge.
d. The Instructor should prepare an oral evaluation test for each class once a month.
e. Assistance in developing the Institute's educational program and materials;
f. Attendance in developing the teacher's meetings, workshops, training sessions, etc.;
g. Participation in other activities related to any aspect of the business of the Institute.
B. Instructor will set a good positive example of himself/herself and his or her Institute at all times.
Futhermore, the Instructor will follow the directions of his/her director.
C. Instructor should be in good health and will submit his/her health condition check up list upon arrival of the Institute
within a week to the Institute(Instructor may have his/her health check up in Korea at a reasonable expense)
The Instructor shall not conceal any diseases or epidemic illness which may interfere his or her teaching or which may
infect others.
D. Instructor will follow and class schedules and will not dismiss class, cancel classes, or start classes late without pre-
approval by academic director.
E. Instructor will use teaching materials recommended by the Institute but is encouraged to
Supplement with other materials. However, these materials must have prior approval by the Institute.
Futhermore, all materials given to the Instructor by the Institute will be returned after they are no longer needed.
F. In order to maintain the Institute's professional reputation, female Instructors are to wear dresses, skirts, or dress pants
while performing ESL instruction; male Instructors are to wear dress pants, a dress shirt and a tie. Shorts or jeans are
normally are not allowed.
The Instructor shall not have his or her hair cut too short. It is important for the Instructor to remember that he or she is,
at all times, a representative of the Institute, and to look and behave accordingly.
He or she is not to partake in any activities which reflect poorly on or damage the Institute
and its reputation, nor are contrary to South Korean public policy or law.
G. The Instructor agrees not to partake in the following activities since they may damage the reputation of the school:
a. Conducting class while under the influence of alcohol, smoking, of under the influence of illegal drugs.
b. Make sexual advances towards, or enter into relationships with students or employees of the school.
c. Conducting any private classes or accepting funds without the permission from the Institute.
d. Borrowing or lending of funds from/to students or conducting any sales of items to students.
H. Any damages that are caused by the direct result of Instructor's negligence , either at the Institute or Residence, will be paid for such costs by the Instructor. Furthermore, the Instructor will be held liable under Korean Law.
I. If Instructor seeks release from the contract for cultural differences, homesickness or personal problems,
he/she will receive only 70% of the agreed upon salary for the time remaining in Korea.
Additionally, the Instructor agrees to work until a replacement instructor is positioned(4-6 weeks)
The instructor must reimburse the one-way airfare that was paid by the institute when he/she came over.
J. Instructor fails to conduct himself/herself in a professional manner, resulting in damage the image of the school, the Institute has the right to terminate this contract, but must provide at least a one-month notice to the Instructor. And,
if the Institute violates the contract, the Instructor also has the right to terminate the agreement, but a one-month notice
must be provided as well. First of all, the most important thing two parties should remember is that if something
unpleasant happens, we'd better talk and understand each other.
K. If Instructor is chronically late without notification, salary may be deducted for the hours of which they are late.


8. Termination of Contract
(Termination by Instructor) If the Instructor's resignation is determined to be voluntary(unilateral and without just cause), the Instructor may be assessed up to 1 million won for the costs in replacing an instructor, the instructor will forfeit any accumulated but unpaid salary or bonus, or other incentive pay not yet paid. Institute shall receive its reimbursement for the above cost by keeping the portion of unpaid but earned salary or bonus necessary to cover these costs (and any other personal costs and debts, any unpaid utilities and phone bills, and any damages to Institute Teacher leaves behind--) and will give the balance to Teacher either in person or by mailing.
If, however, the Instructor has worked more than 8 months under the contract AND gives the Institute at least one month
notice of Instructor's intention for all of the above costs, excluding Instructor's replacement cost.
In the case of the instructor��s failure in conducting his /her work properly such as keeping late for the classes, not following the school directions, not cooperating with other teacher members as a team and given three times of written notice by the institute before sixth months of contractual period, the institute can terminate this contract by the director��s decision.
In this case, the Instructor is liable up to 1 million won for the costs in replacing an instructor as well.
By signing this contract, Instructor certifies that he or she has every intention of fulfilling his or her obligation for the duration of the contract and that there is no reason that he should not be able to enter into such a contract.
(Termination by Institute)This contract cannot be broken by the Institute without just cause, which includes,but is not limited to the following situations; when the Instructor is found to be in breach of the contract or is involved in a scandal that may tarnish the reputation of the Institute, Instructor's possession or use of illegal and/or illicit substances, excessive (unexcused)
absenteeism and/or tardiness, and when the Institute concludes that the Instructor
cannot perform class activities, has a poor attitude, or lacks the qualities necessary to be an effective instructor.
The Instructor's employment cannot be terminated by the Institute without the Instructor being duly warned about his or her poor performance and/or attitude, and given the opportunity to remedy the problem, unless the Instructor's performance and/or behavior are deemed particularly egregious such that immediate termination is necessary in order to save the Institute's reputation and business standing. Of course if it is deemed that Instructor intentionally
(via blatant disregard for the rules or well-being of the Institute) forces the Institute to terminate Instructor's employment in an effort to avoid reimbursing the Institute for the costs of securing a replacement for the Instructor, then the Institute may assume that the Instructor has voluntarily terminated the contract and thus may impose these and the other penalties noted under "Termination by Instructor".
(Discipline and Penalties)The Institute reserves the right to utilize the full range of disciplinary measures as allowed under Korean law if the Instructor violates the contract, damages the reputation of the Institute, or fails to perform adequately. These rights include, but are not limited to: warning and counseling, freeze on pay raises, revocation of previous pay raises, removal from current position and dismissal.

9. Renewal of Contract The Institute and the Instructor may jointly agree to renew the contract for the period of one year or
other mutually agreed time period.
The Instructor shall notify the Institute if his or her intent is such not less than sixty days prior to the termination of the contract.

10. Governing Laws and Jurisdictions
This contract shall be interpreted according to the internal(domestic) laws of the Republic of Korea. The competent court in Seoul, Korea shall have jurisdiction in regard to any dispute or claim arising out of or in connection with this contract. Both parties have read the above conditions and agree to the terms in good faith and will attempt to resolve any dispute in a reasonable manner. All decisions that can not be resolved by the two parties above will be solved in accordance to Korean Civil Law.

---

To anyone whose read this, thanks for taking the time out. Any comments on the contract would be great

Cheers
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peppermint



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

PostPosted: Sat Sep 10, 2005 12:52 pm    Post subject: Re: Contract offered - help needed! Reply with quote

Juxtapozed wrote:
Hi all,
Long time reader, first time poster

I've been offered a job in Incheon. I spoke to the director, whose English was reasonable (better than I expected) and to a teacher who gave a fairly honest assessment of the job. It's teaching Kindy-16 year olds. class sizes of about 10 max. Job sounds ok, but I'm sure many do...

I've been mulling it over, and now have about 24 hours to decide. Being newish to these kind of contracts, am I missing anything in that's bang out of order? I'm know i'm not going to get the perfect deal but some things seem a little ambiguous, e.g. my paid holidays and little mention of orientation and training

I feel a bit rushed and don't want to just take any old offer. Should I accept this job?

1. Job position
This contract is entered into for the position of an English conversation instructor.

2. Validity of Contract
This contract becomes effective upon the signing of this document by both the Instructor
and the Institute.
This contract supercedes any and all prior agreements, oral or written, between the parties;
any future modifications to this contract must be made in writing by an officer or authorized
agent of the Institute with pre-approval by the President
of and executed by the signature of both parties. The Instructor's monthly salary shall commence
and count from the first day of his or her teaching in accordance with the Institute's schedule.

3. Period of Employment
The Instructor will be employed by the Institute from the following dates.
From: October, , 2005
To : October, , 2006
The period of employment under this contract will last for one calendar year from the date
of the Instructor's first day of work for the School, unless other written contractual agreements
have been entered into to amend this time period.

4. Weekly Working Hours
Instructor is expected to work from Monday through Friday, 30hours a week,
and thus, the Instructor is subject to be scheduled anytime within these hours, and occasionally
outside of these hours for special assignments. The Institute will attempt to make classroom
teaching hours consecutively, but such will depend upon customer demands and Institute's needs.
While the Institute will endeavor to set a regular schedule for the Instructor, the Institute
reserves the right to change this schedule at any time without notice so as to fulfill customer
needs and staffing requirements.

5. Compensation
A.Transportation Round trip economy airfare is provided with the one-year contract from the instructor��s nearest airport
to the international airport in Korea and transportation from the airport to the instructor��s residence in Korea
(by reimbursement). Upon arrival, the institute will reimburse a quarter of round trip airfare.
The other quarter will be paid after three months. Upon completion of this contract, the instructor will be provided with the half amount of round trip airfare. In case the instructor leaves the institute before his/her contract period ends, the will not pay for his/her return ticket.
If the instructor leaves the institute before six (6) months period of this contract for his/her own sake, the instructor must reimburse the institute the cost of the ticket the school has paid for his/her trip to Korea or the institute may deduct the same off the instructor��s last month payment.
B.Salary: A monthly salary(PCM)of 1.9 millionwon will be paid for either 120 teaching hours per month. The wage of 17,000 won will be paid for overtime compensation.
Salary is a little low

The institute will deduct 900,000won as a housing and utility deposit only from first monthly salary and will pay this deposit back to the instructor upon completion of one year contract.

That's a huge deposit!

C.Sick Days: Instructor will be paid for documented sick leave. If it is found that the days of absence reported
as sick leave were not in fact for such purposes, institute has the right to deduct sick leave payment from
following month's pay.
D.Insurance: A medical & accident insurance plan from an insurance company will be offered
to the instructor. The annual premium will be split equally between Instructor and Institute
if Instructor desires to be covered.

The national plan should be offered, and it means that they're probably doing things under the table regarding pension too


E.Tax: Korean income tax will be deducted from the instructor��s monthly salary according to the Korean tax law(4 %) That's a little high
F. National Pension Plan: The instructor will pay 4.5% of Korean National Pension, which will be deducted from the instructor��s monthly salary.
F. Paid Holidays: All Korean holidays(13~15days a year) with 5 days of summer holidays will be organized by the Institute.
G.Severance payment: The institute will pay 1.9 millionwon to the
instructor when he/she completes this contract fully (with deducting income tax).

6. HOUSING
A. The institute will provide a rent free furnished apartment. The instructors will share housing with other staff members.
The instructors are responsible for utilities.

7. Instructor's Duties and Responsibilities
A. General Duties of Instructor
The Instructor's duty and responsibilities include, but not limited to, the following :
a. English as a Second Language(ESL) instruction in any and all phases of the Institute's program, or its franchise, subsidiary, or other designed location; Illegal, without immigrations specific approval
b. Preparation for classes; instructor is required to have 1-hour preparation time everyday for better quality of education.
c. The instructor is required to prepare his/her teaching schedule 1 week in advance for all the classes which Instructor shall
be in charge.
d. The Instructor should prepare an oral evaluation test for each class once a month.
e. Assistance in developing the Institute's educational program and materials;
f. Attendance in developing the teacher's meetings, workshops, training sessions, etc.;
g. Participation in other activities related to any aspect of the business of the Institute.
B. Instructor will set a good positive example of himself/herself and his or her Institute at all times.
Futhermore, the Instructor will follow the directions of his/her director.
C. Instructor should be in good health and will submit his/her health condition check up list upon arrival of the Institute
within a week to the Institute(Instructor may have his/her health check up in Korea at a reasonable expense)
The Instructor shall not conceal any diseases or epidemic illness which may interfere his or her teaching or which may
infect others.
D. Instructor will follow and class schedules and will not dismiss class, cancel classes, or start classes late without pre-
approval by academic director.
E. Instructor will use teaching materials recommended by the Institute but is encouraged to
Supplement with other materials. However, these materials must have prior approval by the Institute.
Futhermore, all materials given to the Instructor by the Institute will be returned after they are no longer needed.
F. In order to maintain the Institute's professional reputation, female Instructors are to wear dresses, skirts, or dress pants
while performing ESL instruction; male Instructors are to wear dress pants, a dress shirt and a tie. Shorts or jeans are
normally are not allowed.
The Instructor shall not have his or her hair cut too short. It is important for the Instructor to remember that he or she is,
at all times, a representative of the Institute, and to look and behave accordingly.
He or she is not to partake in any activities which reflect poorly on or damage the Institute
and its reputation, nor are contrary to South Korean public policy or law.
G. The Instructor agrees not to partake in the following activities since they may damage the reputation of the school:
a. Conducting class while under the influence of alcohol, smoking, of under the influence of illegal drugs.
b. Make sexual advances towards, or enter into relationships with students or employees of the school.
c. Conducting any private classes or accepting funds without the permission from the Institute.
d. Borrowing or lending of funds from/to students or conducting any sales of items to students.
H. Any damages that are caused by the direct result of Instructor's negligence , either at the Institute or Residence, will be paid for such costs by the Instructor. Furthermore, the Instructor will be held liable under Korean Law.
I. If Instructor seeks release from the contract for cultural differences, homesickness or personal problems,
he/she will receive only 70% of the agreed upon salary for the time remaining in Korea.
Additionally, the Instructor agrees to work until a replacement instructor is positioned(4-6 weeks) WOAH!, a paycut, and an indeterminate end date?

The instructor must reimburse the one-way airfare that was paid by the institute when he/she came over.
J. Instructor fails to conduct himself/herself in a professional manner, resulting in damage the image of the school, the Institute has the right to terminate this contract, but must provide at least a one-month notice to the Instructor. And,
if the Institute violates the contract, the Instructor also has the right to terminate the agreement, but a one-month notice
must be provided as well. First of all, the most important thing two parties should remember is that if something
unpleasant happens, we'd better talk and understand each other.
K. If Instructor is chronically late without notification, salary may be deducted for the hours of which they are late.


8. Termination of Contract
(Termination by Instructor) If the Instructor's resignation is determined to be voluntary(unilateral and without just cause), the Instructor may be assessed up to 1 million won for the costs in replacing an instructor, the instructor will forfeit any accumulated but unpaid salary or bonus, or other incentive pay not yet paid. Institute shall receive its reimbursement for the above cost by keeping the portion of unpaid but earned salary or bonus necessary to cover these costs (and any other personal costs and debts, any unpaid utilities and phone bills, and any damages to Institute Teacher leaves behind--) and will give the balance to Teacher either in person or by mailing.

If, however, the Instructor has worked more than 8 months under the contract AND gives the Institute at least one month
notice of Instructor's intention for all of the above costs, excluding Instructor's replacement cost.
In the case of the instructor��s failure in conducting his /her work properly such as keeping late for the classes, not following the school directions, not cooperating with other teacher members as a team and given three times of written notice by the institute before sixth months of contractual period, the institute can terminate this contract by the director��s decision.
In this case, the Instructor is liable up to 1 million won for the costs in replacing an instructor as well.

By signing this contract, Instructor certifies that he or she has every intention of fulfilling his or her obligation for the duration of the contract and that there is no reason that he should not be able to enter into such a contract.
(Termination by Institute)This contract cannot be broken by the Institute without just cause, which includes,but is not limited to the following situations; when the Instructor is found to be in breach of the contract or is involved in a scandal that may tarnish the reputation of the Institute, Instructor's possession or use of illegal and/or illicit substances, excessive (unexcused)
absenteeism and/or tardiness, and when the Institute concludes that the Instructor
cannot perform class activities, has a poor attitude, or lacks the qualities necessary to be an effective instructor.
The Instructor's employment cannot be terminated by the Institute without the Instructor being duly warned about his or her poor performance and/or attitude, and given the opportunity to remedy the problem, unless the Instructor's performance and/or behavior are deemed particularly egregious such that immediate termination is necessary in order to save the Institute's reputation and business standing. Of course if it is deemed that Instructor intentionally
(via blatant disregard for the rules or well-being of the Institute) forces the Institute to terminate Instructor's employment in an effort to avoid reimbursing the Institute for the costs of securing a replacement for the Instructor, then the Institute may assume that the Instructor has voluntarily terminated the contract and thus may impose these and the other penalties noted under "Termination by Instructor".
(Discipline and Penalties)The Institute reserves the right to utilize the full range of disciplinary measures as allowed under Korean law if the Instructor violates the contract, damages the reputation of the Institute, or fails to perform adequately. These rights include, but are not limited to: warning and counseling, freeze on pay raises, revocation of previous pay raises, removal from current position and dismissal.

9. Renewal of Contract The Institute and the Instructor may jointly agree to renew the contract for the period of one year or
other mutually agreed time period.
The Instructor shall notify the Institute if his or her intent is such not less than sixty days prior to the termination of the contract.

10. Governing Laws and Jurisdictions
This contract shall be interpreted according to the internal(domestic) laws of the Republic of Korea. The competent court in Seoul, Korea shall have jurisdiction in regard to any dispute or claim arising out of or in connection with this contract. Both parties have read the above conditions and agree to the terms in good faith and will attempt to resolve any dispute in a reasonable manner. All decisions that can not be resolved by the two parties above will be solved in accordance to Korean Civil Law.

---

To anyone whose read this, thanks for taking the time out. Any comments on the contract would be great

Cheers


I highlighted anything that looks dodgy. It sounds like if you either wanted to leave early, or got fired, you might end up paying them back every cent you earned there.
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Juxtapozed



Joined: 21 Jul 2005

PostPosted: Sat Sep 10, 2005 12:59 pm    Post subject: Reply with quote

And that now looks like a whole lot of dodgy!

Cheers Peppermint
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peppermint



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

PostPosted: Sat Sep 10, 2005 1:06 pm    Post subject: Reply with quote

The only major causes for concern there were the ones related to the contract ending early. Everything else probably could've been settled by discussing it with the school.
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Hater Depot



Joined: 29 Mar 2005

PostPosted: Sat Sep 10, 2005 3:50 pm    Post subject: Reply with quote

Even those passages notwithstanding, I would want to be paid a lot more for those hours worked. Not exactly a lot of vacation time either.
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kprrok



Joined: 06 Apr 2004
Location: KC

PostPosted: Sat Sep 10, 2005 4:18 pm    Post subject: Reply with quote

There are too many things wrong in there, but Peppermint pointed out most of them. I'd reject the contract and keep looking. You can find better.

KPRROK
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sat Sep 10, 2005 6:42 pm    Post subject: Reply with quote

Don't sign!... there's too much wrong to fully comment; but clauses binding you not to smoke... or from having your hair cut too short???... are just bizzare! Shocked
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peppermint



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

PostPosted: Sat Sep 10, 2005 7:00 pm    Post subject: Reply with quote

The no smoking thing is actually a bit of an issue for female teachers here. My first recruiter asked if I smoked, and said it would be much easier to find me a job if I didn't. Most of my female friends that do smoke here got lectured by their school, and requested not to smoke outside their own homes.
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sheba



Joined: 16 May 2005
Location: Here there and everywhere!

PostPosted: Sat Sep 10, 2005 7:00 pm    Post subject: Reply with quote

Yea I say reject the offer.

If it helps, I found a job through GMSC recruiting with a guy called Soon Chan.... I had joined several agencies but he was the only one that didnt pressure me for decisions. Other agencies wanted me to make decisions in a few hours or overnight, but I spent a week asking questions about my current job and talking with a Korean teacher and the previous foreign teacher. Its worked out really well for me.
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Grotto



Joined: 21 Mar 2004

PostPosted: Sun Sep 11, 2005 4:55 am    Post subject: Reply with quote

. Job position
This contract is entered into for the position of an English conversation instructor.

2. Validity of Contract
This contract becomes effective upon the signing of this document by both the Instructor
and the Institute.
This contract supercedes any and all prior agreements, oral or written, between the parties;
any future modifications to this contract must be made in writing by an officer or authorized
agent of the Institute with pre-approval by the President
of and executed by the signature of both parties. The Instructor's monthly salary shall commence
and count from the first day of his or her teaching in accordance with the Institute's schedule.

3. Period of Employment
The Instructor will be employed by the Institute from the following dates.
From: October, , 2005
To : October, , 2006
The period of employment under this contract will last for one calendar year from the date
of the Instructor's first day of work for the School, unless other written contractual agreements
have been entered into to amend this time period.

4. Weekly Working Hours
Instructor is expected to work from Monday through Friday, 30hours a week,
and thus, the Instructor is subject to be scheduled anytime within these hours, and occasionally
outside of these hours for special assignments. The Institute will attempt to make classroom
teaching hours consecutively, but such will depend upon customer demands and Institute's needs.

Problem ONE: no set hours...30 hours a week doing splits when the institute requires them sucks...dont do it.
While the Institute will endeavor to set a regular schedule for the Instructor, the Institute
reserves the right to change this schedule at any time without notice so as to fulfill customer
needs and staffing requirements.

Not acceptable....they could jerk you around and make you come in any time it is convenient to them.

5. Compensation
A.Transportation Round trip economy airfare is provided with the one-year contract from the instructor��s nearest airport
to the international airport in Korea and transportation from the airport to the instructor��s residence in Korea
(by reimbursement). Upon arrival, the institute will reimburse a quarter of round trip airfare.
The other quarter will be paid after three months. Upon completion of this contract, the instructor will be provided with the half amount of round trip airfare. In case the instructor leaves the institute before his/her contract period ends, the will not pay for his/her return ticket.
If the instructor leaves the institute before six (6) months period of this contract for his/her own sake, the instructor must reimburse the institute the cost of the ticket the school has paid for his/her trip to Korea or the institute may deduct the same off the instructor��s last month payment.

Whoa! They should be supplying the ticket and or reimbursing it upon arrival. They can hold onto the ticket if required. Predetermined Penalty clauses are also illegal!
B.Salary: A monthly salary(PCM)of 1.9 millionwon will be paid for either 120 teaching hours per month. The wage of 17,000 won will be paid for overtime compensation.

Low pay IMO. Never agree to 120 hours
a month...set hours and x amount of classes.


The institute will deduct 900,000won as a housing and utility deposit only from first monthly salary and will pay this deposit back to the instructor upon completion of one year contract.

It is illegal for them to deduct a deposit from your check. NO WAY!

C.Sick Days: Instructor will be paid for documented sick leave. If it is found that the days of absence reported
as sick leave were not in fact for such purposes, institute has the right to deduct sick leave payment from
following month's pay.

Again ILLEGAL they have no right to deduct anything from your paycheck except for taxes, pension and health care.

D.Insurance: A medical & accident insurance plan from an insurance company will be offered
to the instructor. The annual premium will be split equally between Instructor and Institute
if Instructor desires to be covered.
E.Tax: Korean income tax will be deducted from the instructor��s monthly salary according to the Korean tax law(4 %)

Tax is not 4% tax on 1.9 mil is only 26,000....which is close to 1.5%

F. National Pension Plan: The instructor will pay 4.5% of Korean National Pension, which will be deducted from the instructor��s monthly salary.
F. Paid Holidays: All Korean holidays(13~15days a year) with 5 days of summer holidays will be organized by the Institute.
G.Severance payment: The institute will pay 1.9 millionwon to the instructor when he/she completes this contract fully (with deducting income tax).

6. HOUSING
A. The institute will provide a rent free furnished apartment. The instructors will share housing with other staff members. The instructors are responsible for utilities.

NO WAY shared accomodations suck!

7. Instructor's Duties and Responsibilities
A. General Duties of Instructor
The Instructor's duty and responsibilities include, but not limited to, the following :
a. English as a Second Language(ESL) instruction in any and all phases of the Institute's program, or its franchise, subsidiary, or other designed location;

Not without permission from immigration and extra pay for travel time~!

b. Preparation for classes; instructor is required to have 1-hour preparation time everyday for better quality of education.

Paid? Unpaid?

c. The instructor is required to prepare his/her teaching schedule 1 week in advance for all the classes which Instructor shall
be in charge.

Considering that they can change the schedule at will I think this would be an exercise in frustration!
d. The Instructor should prepare an oral evaluation test for each class once a month.
e. Assistance in developing the Institute's educational program and materials;
f. Attendance in developing the teacher's meetings, workshops, training sessions, etc.;

How often? How long? Paid?

g. Participation in other activities related to any aspect of the business of the Institute.

Nope....waste of time...yours! Who decides if it is related to the business of the institute? Paid or unpaid?

B. Instructor will set a good positive example of himself/herself and his or her Institute at all times.
Futhermore, the Instructor will follow the directions of his/her director.
C. Instructor should be in good health and will submit his/her health condition check up list upon arrival of the Institute
within a week to the Institute(Instructor may have his/her health check up in Korea at a reasonable expense)
The Instructor shall not conceal any diseases or epidemic illness which may interfere his or her teaching or which may
infect others.
D. Instructor will follow and class schedules and will not dismiss class, cancel classes, or start classes late without pre- approval by academic director.

Yet they can cancel classes whenever they want...strange

E. Instructor will use teaching materials recommended by the Institute but is encouraged to
Supplement with other materials. However, these materials must have prior approval by the Institute.
Futhermore, all materials given to the Instructor by the Institute will be returned after they are no longer needed.
F. In order to maintain the Institute's professional reputation, female Instructors are to wear dresses, skirts, or dress pants
while performing ESL instruction; male Instructors are to wear dress pants, a dress shirt and a tie. Shorts or jeans are normally are not allowed.
The Instructor shall not have his or her hair cut too short. It is important for the Instructor to remember that he or she is,
at all times, a representative of the Institute, and to look and behave accordingly.
He or she is not to partake in any activities which reflect poorly on or damage the Institute
and its reputation, nor are contrary to South Korean public policy or law.

Dress codes suck. THe hair length thing is a sign of control problems.

G. The Instructor agrees not to partake in the following activities since they may damage the reputation of the school:
a. Conducting class while under the influence of alcohol, smoking, of under the influence of illegal drugs.
b. Make sexual advances towards, or enter into relationships with students or employees of the school.
c. Conducting any private classes or accepting funds without the permission from the Institute.
d. Borrowing or lending of funds from/to students or conducting any sales of items to students.

H. Any damages that are caused by the direct result of Instructor's negligence , either at the Institute or Residence, will be paid for such costs by the Instructor. Furthermore, the Instructor will be held liable under Korean Law.

NO way! You are not an insurance policy for the school. If they feel that you are responsible they can take you to court.

I. If Instructor seeks release from the contract for cultural differences, homesickness or personal problems,
he/she will receive only 70% of the agreed upon salary for the time remaining in Korea.

Hint...midnight run time...if you are going to leave...do a runner the day after payday!

Additionally, the Instructor agrees to work until a replacement instructor is positioned(4-6 weeks)
The instructor must reimburse the one-way airfare that was paid by the institute when he/she came over.

Penalty clauses are illegal...LMFAO work for 4-6 weeks at 70% salary and you are going to deduct the plain ticket you havent even paid me for yet?? Laughing BABO YA
J. Instructor fails to conduct himself/herself in a professional manner, resulting in damage the image of the school, the Institute has the right to terminate this contract, but must provide at least a one-month notice to the Instructor. And,
if the Institute violates the contract, the Instructor also has the right to terminate the agreement, but a one-month notice
must be provided as well. First of all, the most important thing two parties should remember is that if something
unpleasant happens, we'd better talk and understand each other.

From this contract you have absolutely no understanding of fairness or pleasantness...

K. If Instructor is chronically late without notification, salary may be deducted for the hours of which they are late.

I would add my own clause...if the insitute cancels classes without notice they will be charged for the class as if it took place!

8. Termination of Contract
(Termination by Instructor) If the Instructor's resignation is determined to be voluntary(unilateral and without just cause), the Instructor may be assessed up to 1 million won for the costs in replacing an instructor, the instructor will forfeit any accumulated but unpaid salary or bonus, or other incentive pay not yet paid. Institute shall receive its reimbursement for the above cost by keeping the portion of unpaid but earned salary or bonus necessary to cover these costs (and any other personal costs and debts, any unpaid utilities and phone bills, and any damages to Institute Teacher leaves behind--) and will give the balance to Teacher either in person or by mailing.

Totally illegal penalty clause! The person who wrote this contract is an idiot!

If, however, the Instructor has worked more than 8 months under the contract AND gives the Institute at least one month
notice of Instructor's intention for all of the above costs, excluding Instructor's replacement cost.
In the case of the instructor��s failure in conducting his /her work properly such as keeping late for the classes, not following the school directions, not cooperating with other teacher members as a team and given three times of written notice by the institute before sixth months of contractual period, the institute can terminate this contract by the director��s decision.
In this case, the Instructor is liable up to 1 million won for the costs in replacing an instructor as well.

RETARD! PREDETERMINED PENALTY CLAUSES ARE ILLEGAL! BABO YA!

By signing this contract, Instructor certifies that he or she has every intention of fulfilling his or her obligation for the duration of the contract and that there is no reason that he should not be able to enter into such a contract.

Other than the terminology of the contract!
(Termination by Institute)This contract cannot be broken by the Institute without just cause, which includes,but is not limited to the following situations; when the Instructor is found to be in breach of the contract or is involved in a scandal that may tarnish the reputation of the Institute, Instructor's possession or use of illegal and/or illicit substances, excessive (unexcused)
absenteeism and/or tardiness, and when the Institute concludes that the Instructor
cannot perform class activities, has a poor attitude, or lacks the qualities necessary to be an effective instructor.
The Instructor's employment cannot be terminated by the Institute without the Instructor being duly warned about his or her poor performance and/or attitude, and given the opportunity to remedy the problem, unless the Instructor's performance and/or behavior are deemed particularly egregious such that immediate termination is necessary in order to save the Institute's reputation and business standing. Of course if it is deemed that Instructor intentionally
(via blatant disregard for the rules or well-being of the Institute) forces the Institute to terminate Instructor's employment in an effort to avoid reimbursing the Institute for the costs of securing a replacement for the Instructor, then the Institute may assume that the Instructor has voluntarily terminated the contract and thus may impose these and the other penalties noted under "Termination by Instructor".
(Discipline and Penalties)The Institute reserves the right to utilize the full range of disciplinary measures as allowed under Korean law if the Instructor violates the contract, damages the reputation of the Institute, or fails to perform adequately. These rights include, but are not limited to: warning and counseling, freeze on pay raises, revocation of previous pay raises, removal from current position and dismissal.

Withholding pay is illegal...dumbass!(freeze)
9. Renewal of Contract The Institute and the Instructor may jointly agree to renew the contract for the period of one year or
other mutually agreed time period.
The Instructor shall notify the Institute if his or her intent is such not less than sixty days prior to the termination of the contract.

Never going to happen so dont sweat it...this school is obviously run by the criminally stupid!

10. Governing Laws and Jurisdictions
This contract shall be interpreted according to the internal(domestic) laws of the Republic of Korea. The competent court in Seoul, Korea shall have jurisdiction in regard to any dispute or claim arising out of or in connection with this contract. Both parties have read the above conditions and agree to the terms in good faith and will attempt to resolve any dispute in a reasonable manner. All decisions that can not be resolved by the two parties above will be solved in accordance to Korean Civil Law.

Which they should actually study up on before they write such a blatantly stupid, poorly worded, one sided load of dogcrap!
---
RUN LUKE! RUN!
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inkoreaforgood



Joined: 15 Dec 2003
Location: Inchon

PostPosted: Sun Sep 11, 2005 5:06 am    Post subject: Reply with quote

Anytime someone wants you to sign a contract and gives you 24 hours to do so, that's too pushy. Who's dying in surgery, that you need to sign off so quickly? Plus the terms for termination the contract are so long, I couldn't be bothered reading it. Any school that feels it must have such a long section dedicated to termination, is gonna watch you like a hawk and find fault in the smallest things.


Good luck, you'll need it.... Wink
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donno



Joined: 20 Mar 2005

PostPosted: Sun Sep 11, 2005 5:19 am    Post subject: Reply with quote

I wouldn't take the contract!!!

Too many things can happen while you're in Korea and that's too much to deduct from you. I can understand maybe a 300,000Won deposit but 900,000Won in the first month is insane.

Also, a penalty of 1 million Won if you resign??? WTF??

Basically, what the contract is saying is: If you leave the school for any reason before your 12 months are up, then you will have 1.9 million Won deducted from your pay. In your case, that means that you will have to work there for a month for free...or in reality more than a month as they'll still deduct taxes and utilities from you.

Here's what I've seen happen to people I know while I've been in Korea:
#1. My friend had a clause where he had 900,000Won deducted from his first paycheck as well. 5 months later, he was fired and didn't get it back.

#2. I know MANY people that have come here buying their own ticket with the promise of reimbursement. Too many times have I seen the school hire another teacher already in Korea to save the airfare. Then, you're here for you job and they tell you they don't want you anymore.
The school should invest something (airfare) in you so that they can't just screw you when you arrive.

And they've got you as you've shelled out over $1000.00.


So, I say don't do it as I'm sure you'll regret it later on.
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Juxtapozed



Joined: 21 Jul 2005

PostPosted: Sun Sep 11, 2005 12:22 pm    Post subject: Reply with quote

Thanks guys for your help and advice

I spoke to the recruiter today, and although he gave me more time to think about it, I'm going to turn down the offer. There are far too many potential problems in that contract for me to be satisfied. I don't want to be looking over my shoulder all the time thinking about penalty clauses...

Heres hoping something better comes along soon Wink
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Yu_Bum_suk



Joined: 25 Dec 2004

PostPosted: Sun Sep 11, 2005 3:26 pm    Post subject: Reply with quote

Juxtapozed wrote:
Thanks guys for your help and advice

I spoke to the recruiter today, and although he gave me more time to think about it, I'm going to turn down the offer. There are far too many potential problems in that contract for me to be satisfied. I don't want to be looking over my shoulder all the time thinking about penalty clauses...

Heres hoping something better comes along soon Wink


I'm sure something will. The 900,000 won deposit from the first cheque is quite outrageous.
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Gord



Joined: 25 Feb 2003

PostPosted: Sun Sep 11, 2005 4:58 pm    Post subject: Reply with quote

Grotto wrote:
Whoa! They should be supplying the ticket and or reimbursing it upon arrival. They can hold onto the ticket if required. Predetermined Penalty clauses are also illegal!


Pre-determined penalty clauses are prohibited with reference to job performance (or the lack thereof) for things like showing up late, not meeting a dress code, or poor review evaluations for example. This prohibition does not apply to conditions or penalties in reference to exiting a contract or terminating the work relationship.

Quote:
It is illegal for them to deduct a deposit from your check. NO WAY!


It would only illegal if it was a unilateral action performed by them. As an agreed to contract provision, it's perfectly legal.

Quote:
Again ILLEGAL they have no right to deduct anything from your paycheck except for taxes, pension and health care.


You will find no protection in the law that says a person is entitled to being paid for not working under the claim of being sick when they are not. What is illegal is for them to unilaterally say they deducting an amount in excess of the monthly salary which may or may not include all the bonuses like prorated airfare and housing.



Quote:
b. Preparation for classes; instructor is required to have 1-hour preparation time everyday for better quality of education.

Paid? Unpaid?


It's paid, obviously, since a person is on salary.



Quote:
d. The Instructor should prepare an oral evaluation test for each class once a month.
e. Assistance in developing the Institute's educational program and materials;
f. Attendance in developing the teacher's meetings, workshops, training sessions, etc.;

How often? How long? Paid?


Same as above.


Quote:
g. Participation in other activities related to any aspect of the business of the Institute.

Nope....waste of time...yours! Who decides if it is related to the business of the institute? Paid or unpaid?


Same as above, welcome to the world of salary.

Quote:
Penalty clauses are illegal...LMFAO work for 4-6 weeks at 70% salary and you are going to deduct the plain ticket you havent even paid me for yet?? Laughing BABO YA


As covered already, penalty clauses are not illegal when dealing with the exiting of a work contract.

Quote:
Totally illegal penalty clause! The person who wrote this contract is an idiot!


See above.


Quote:
RETARD! PREDETERMINED PENALTY CLAUSES ARE ILLEGAL! BABO YA!


See above.

Quote:
Withholding pay is illegal...dumbass!(freeze)


Unilateral withholding of salary is illegal. But agreeing to the withholding of the salary to the extent owed by agreements in covering the early end of a work relationship is not.
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