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chessmaster9000
Joined: 31 Jan 2006
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Posted: Tue Feb 07, 2006 5:53 am Post subject: Re: Me Again asking for Contract help |
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| chessmaster9000 wrote: |
| daniellelievre wrote: |
Ok, here's my first contract, after the 1st revision by the school.
I know overtime is low, but here's the rest, any ideas? THANK YOU!!
2. Employment of employ
*****What does this mean? Ask them to clarify.
2.1 Employer hereby employs Employee to teach the English language in the form and manner and under the terms and conditions set forth here in this Agreement.
*****Always use Contract instead of agreement. It's always more professional to use contract.
2.2 Employee hereby accepts employment from Employer to teach the English language in the form and manner and under the terms and conditions set forth here in this Agreement.
*****Always use Contract instead of agreement. It's always more professional to use contract.
*****2.2 should be written over as such
2.2. Employee will only teach English to students enrolled at School , located at ABC, during the contract period under the terms set forth in this clause. Terms are as follows:
*****Terms need to be clarified to the "T"
3. PLACE OF EMPLOYMENT
3.1 Employee will be employed to teach the English language at Mok Dong Seoul Language Institute.
*****I would have the address put here. Make it very clear to them that you will be working at one location, and one location only at all times. You are being set up for split shifts. I would have clause 3.2 removed, and it would be for your own good.
3.2 As further provided herein below, from time to time Employee may be required or requested to teach the English language outside and apart from the place of employment.
*****Remove 3.2 for reasons as I stated earlier
4. DUTIES OF EMPLOYEE
4.1 During the term of this Agreement, Employee will accept, obey, and strictly comply with the instructions, supervision, training, and discipline of the director.
*****What happens if you don't agree with unfair discipline set forth by the director? Sometimes you can get warnings for false claims made by students, and you may find yourself getting disciplined. If you don't agree then you can fall victim to the 5th, 6th, or 11th scheme. What if your director asks you to discipline children is ways that you would feel uncomfortable with. I would have the part about discipline jacked in a heartbeat.
*****As I read this clause my feeling told me your walking a tight rope. See if you can get this tight wad to loosen his britches up a little. This clause just gave me a realy uncomfortable feeling as I read it.
These duties
will include instructions in any and all phases of the instructional program, administrative duties related to the Employee��s classroom duties, attendance at scheduled staff meetings and workshops. The director is responsible for establishing ��Standards of Performance�� relative to the Employee.
*****Standards of performace need to be set in stone in this schedule. End of story here.
*****What are the phases of the instructional program?
*****What are the administrative duties related to classroom duties?
4.2 During the term of this Agreement the Employee will be required to perform work assigned to him/her by the director. Work days from Monday to Friday sometime including Saturday.
*****I would advise you to tell them to stick their head up their rectums. Never work Saturdays. Your weekends are your time off. That's your rest and relaxation time. You should get a set schedule six hours a day, and don't accept split shifts at all. They suck. Work from 2-8, or 3-9.
4.3 The teacher will work a total 120 class hours a month (one class hour equals 50 minutes). Any additional work shall be deems as overtime pay and the employee will be paid 15,000Won for each hour worked over and beyond 120 hours a month. Attendance at scheduled staff meetings and workshops are not considered overtime.
*****15,000 Won is an insult. Tell them to get of their crack pipe. When they wrote this contract they must have been reading www.hightimes.com
4.4 INSTRUCTOR shall not be permitted to work outside the INSTITUTION without the prior written permission from Director. Teaching for pay without the sponsorship of the INSTITUTION is illegal in Korea and is contrary to this Employment Agreement; violation of this rule may lead to immediate dismissal.
*****Get rid of this INSTITUTION crap.
*****INSTRUCTOR (Instructor) shall not be permitted to work outside the institution without the prior written permission from Director. This is illegal and this employer knows this. This is a n-e-g-a-t-o-r-y
5. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE
5.1 Salary
The employer will pay employee a base salary of 2,100,000 Won a month. This salary will be paid on the fifth day of each month. Korean income tax will be withheld at a rate of 5% of gross pay.
*****I don't know a whole lot about taxes, but 5% sounds like extra money for the Hagwon do whatever he pleases.
*****Go to this website for help http://www.nts.go.kr/eng/default.html
5.2 Holidays
Instructor will observe holidays as scheduled by employer and will be concurrent with the Institution��s scheduled term breaks. These holidays will be a minimum of 10(Ten) days over the period of one year and will be in addition to the Korean statutory holidays observed. Neither statutory holidays nor Instructor��s holidays will be considered when calculating overtime for a given month.
*****Contract period in place of one year
*****Neither statutory holidays nor Instructor��s holidays will be considered when calculating overtime for a given month. This clause belongs in earlier overtime clause
5.3 Housing and housing deposit
The employer will select and provide the furnished single living accommodations for employee. Furnishings include; a bed, a kitchen table and chairs, stovetop, telephone and a washing machine. The employee will pay the cost of monthly
*****Tell them to stuff it on the housing deposit. That's a deceptive practice, and they know it. Insist on being in a clean single unit within 10 minutes walking distance of your school.
5.4 Transportation
Employer will purchase for employee and economy class ticket on a scheduled airline from the point of hire to the destination city of the school in Korea. The employer will provide a return ticket at the end of the one-year contract period.
5.5 Health Insurance
The employee will be covered by medical benefits under the ��Korea Medical Insurance Union��, the government Health Organization. The costs of this coverage will be borne half by the employer and half by Employee.
5.6 Dependent upon completion of the full contract period, the employee will be given an additional one-month��s salary as a year-end bonus.
I'm done with this contract. Don't take it. Throw it in the fire. Get another job offer. Which recruiter did you go through?
6. DISMISSAL/RELEASE FROM CONTRACT
6.1 Employer will have the right to dismiss Employee for unwillingness or inability to meet conditions of employment as set out under this Agreement, including neglect of duties. Prior to any such dismissal, Employee will be warned of dissatisfaction with performance or conduct and will be afforded an appropriate period in which to remedy the same.
6.2 The Institute can terminate this Agreement immediately if there is sufficient evidence that the Employee had defaulted on the obligations as specified in this Agreement and there is manifest inability to perform Employee��s duties under this Agreement. In this case, the Institute shall have no responsibility to pay for the return air ticket of the Employee.
6.3 Criminal or other conduct inside or outside the Institution that would in the opinion of the INSTITUTION seriously jeopardize any person or the reputation of the INSTITUTION, its students, or its staff, will be a cause for immediate dismissal and no warning time nor time for remedy will by allotted.
6.4 Both parties have the right to make the contract null and void under one of the following circumstances.
a) The health of the INSTRUCTOR is such that it is deemed impossible for the
INSTRUCTOR to continue.
b) Blatant misconduct by the INSTRUCTOR.
c) INSTRUCTOR or dependants violate Korean law.
6.5 In case of termination for contract before the completion of this one-year service by the INSTRUCTOR (except for unavoidable reasons such as the INSTRUCTOR��s serious illness or accident) the INSTRUCTOR is to return to the INSTITUTE the cost of the airfare thus incurred and INSRUCTOR has to give 30 days written notice to the employer if employee terminate the contract before the 6 months.
7. COUNTERPARTS
7.1 Any controversy between the parties involving the construction or application of any of the term, provision, or conditions of this Agreement, shall, on the other, be submitted to arbitration governed by Korean law. The cost of such arbitration, including attorney��s fees, shall be borne by the losing party or in such proportion s the arbitrator shall decide.
7.2 This Agreement may be amended only by an instrument in writing which expressly refers to this Agreement and specifically states that it is intended to amend it.
7.3 This Agreement may be executed in the one or more counterpart, each of which will be considered an original for all purposes hereof.
7.4 Matters not explicitly stated in this EMPLOYMENT AGREEMENT shall be determined by taking the INSTRUCTOR��S and the INSTITUTION��s concerns into consideration. |
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just because

Joined: 01 Aug 2003 Location: Changwon - 4964
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Posted: Tue Feb 07, 2006 8:41 am Post subject: |
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| Quote: |
| �� Those whose country does not mandatorily cover Korean citizens under its pension scheme |
So because i come from Australia and my country has no pension scheme for Koreans this means i don't have to pay in???? |
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Cheonmunka

Joined: 04 Jun 2004
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Posted: Tue Feb 07, 2006 3:58 pm Post subject: |
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No, it means that if your company staff pay in you must too as you work there. You cannot make a phone call at end of time in Korea to get your pension paid back. You will be fully in the pension system so you will get 20.000? won per month from when you are 65 until you die. It may be possible to get a lump sum paid back to you when 65. Who knows about then...
This is because of some inter-pension arrangements between Aus, NZ, Britain, and Korea. |
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just because

Joined: 01 Aug 2003 Location: Changwon - 4964
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Posted: Wed Feb 08, 2006 8:31 am Post subject: |
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| So what happens if nobody pays in - there are only 2 full time employees and i am sure we both don't pay |
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Grotto

Joined: 21 Mar 2004
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Posted: Wed Feb 08, 2006 3:07 pm Post subject: |
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3. PLACE OF EMPLOYMENT
3.1 Employee will be employed to teach the English language at Mok Dong Seoul Language Institute.
Exact address?(already pointed out)
3.2 As further provided herein below, from time to time Employee may be required or requested to teach the English language outside and apart from the place of employment.
Well which is it? Required or requested? Requested allows you to refuse...required means you take one for the team
4. DUTIES OF EMPLOYEE
4.1 During the term of this Agreement, Employee will accept, obey, and strictly comply with the instructions, supervision, training, and discipline of the director. These duties
will include instructions in any and all phases of the instructional program, administrative duties related to the Employee��s classroom duties, attendance at scheduled staff meetings and workshops. The director is responsible for establishing ��Standards of Performance�� relative to the Employee.
Its always nice to know what these mysterious ��Standards of Performance�� are :wink:
4.2 During the term of this Agreement the Employee will be required to perform work assigned to him/her by the director. Work days from Monday to Friday sometime including Saturday.
No way Jose! Say no to Saturdays!
4.3 The teacher will work a total 120 class hours a month (one class hour equals 50 minutes). Any additional work shall be deems as overtime pay and the employee will be paid 15,000Won for each hour worked over and beyond 120 hours a month. Attendance at scheduled staff meetings and workshops are not considered overtime.
Schedule? Blocked shifts? Start time? Finish time? Overtime of less than 25,000 won per hour(50minutes) is an insult!
4.4 INSTRUCTOR shall not be permitted to work outside the INSTITUTION without the prior written permission from Director. Teaching for pay without the sponsorship of the INSTITUTION is illegal in Korea and is contrary to this Employment Agreement; violation of this rule may lead to immediate dismissal.
You need immigrations permission....not sure if the directors permission is relevant!
5. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE
5.1 Salary
The employer will pay employee a base salary of 2,100,000 Won a month. This salary will be paid on the fifth day of each month. Korean income tax will be withheld at a rate of 5% of gross pay.
Check monthly withholding tax....its about 2% on 2.1 mil...not anywhere near 5%!
5.2 Holidays
Instructor will observe holidays as scheduled by employer and will be concurrent with the Institution��s scheduled term breaks. These holidays will be a minimum of 10(Ten) days over the period of one year and will be in addition to the Korean statutory holidays observed. Neither statutory holidays nor Instructor��s holidays will be considered when calculating overtime for a given month.
As pointed out before....what are the days spread out like? 2 five day blocks? Or scattered here and there when the directors children have birthdays?
5.3 Housing and housing deposit
The employer will select and provide the furnished single living accommodations for employee. Furnishings include; a bed, a kitchen table and chairs, stovetop, telephone and a washing machine. The employee will pay the cost of monthly
What no TV? if you dont see it listed put it in....you shouldnt have to supply pots and pans, dishes and silverware for an apartment you are leaving in a year.....or less
5.4 Transportation
Employer will purchase for employee and economy class ticket on a scheduled airline from the point of hire to the destination city of the school in Korea. The employer will provide a return ticket at the end of the one-year contract period.
5.5 Health Insurance
The employee will be covered by medical benefits under the ��Korea Medical Insurance Union��, the government Health Organization. The costs of this coverage will be borne half by the employer and half by Employee.
2.2% each
5.6 Dependent upon completion of the full contract period, the employee will be given an additional one-month��s salary as a year-end bonus.
6. DISMISSAL/RELEASE FROM CONTRACT
6.1 Employer will have the right to dismiss Employee for unwillingness or inability to meet conditions of employment as set out under this Agreement, including neglect of duties. Prior to any such dismissal, Employee will be warned of dissatisfaction with performance or conduct and will be afforded an appropriate period in which to remedy the same.
6.2 The Institute can terminate this Agreement immediately if there is sufficient evidence that the Employee had defaulted on the obligations as specified in this Agreement and there is manifest inability to perform Employee��s duties under this Agreement. In this case, the Institute shall have no responsibility to pay for the return air ticket of the Employee.
6.3 Criminal or other conduct inside or outside the Institution that would in the opinion of the INSTITUTION seriously jeopardize any person or the reputation of the INSTITUTION, its students, or its staff, will be a cause for immediate dismissal and no warning time nor time for remedy will by allotted.
Hmmm I wonder what in their OPINION would damage their reputation? sounds like they might be trying to justify an 11'th month firing???
6.4 Both parties have the right to make the contract null and void under one of the following circumstances.
a) The health of the INSTRUCTOR is such that it is deemed impossible for the
INSTRUCTOR to continue.
b) Blatant misconduct by the INSTRUCTOR.
c) INSTRUCTOR or dependants violate Korean law.
d) The school violates the rights of the employee or treats the employee without due care and respect!
6.5 In case of termination for contract before the completion of this one-year service by the INSTRUCTOR (except for unavoidable reasons such as the INSTRUCTOR��s serious illness or accident) the INSTRUCTOR is to return to the INSTITUTE the cost of the airfare thus incurred and INSRUCTOR has to give 30 days written notice to the employer if employee terminate the contract before the 6 months.
After 6 months you should not have the airfare held against you!
7. COUNTERPARTS
7.1 Any controversy between the parties involving the construction or application of any of the term, provision, or conditions of this Agreement, shall, on the other, be submitted to arbitration governed by Korean law. The cost of such arbitration, including attorney��s fees, shall be borne by the losing party or in such proportion s the arbitrator shall decide.
7.2 This Agreement may be amended only by an instrument in writing which expressly refers to this Agreement and specifically states that it is intended to amend it.
7.3 This Agreement may be executed in the one or more counterpart, each of which will be considered an original for all purposes hereof.
7.4 Matters not explicitly stated in this EMPLOYMENT AGREEMENT shall be determined by taking the INSTRUCTOR��S and the INSTITUTION��s concerns into consideration.
Eh! I dont like it...but then again I dont like any of these crap contracts! |
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