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LizN
Joined: 15 Feb 2006
Location: Canada
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 Posted: Thu Feb 16, 2006 8:36 pm Post subject: Any advice on this contract |
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Hi guys
I am a newbie and need sharp eyes for this contract. I am seriously thinking about accepting the job very very soon.
thanks in advance to all the wise ones for responding
xxx
EMPLOYMENT CONTRACT
This contract is made and entered on the __________________th of ___________________, by and between xxx located in Daejeon, South Korea (hereinafter referred to as �Employer�), and Mr./Mrs./Ms. ____________________________ residing in ___________________ as an English teacher (hereinafter referred to as �Employee�). Both parts agree as follows:
Article 1.
Employment:
The Employer agrees to employ the Employee as an English teacher, and the Employee agrees to work for the Employer as an English teacher at xxx in Daejeon, South Korea.
Conditions of Employment:
The Employees job description shall consist primarily of the following:
A: ESL instructor in any and all phases of the Employer�s program to the teaching of classes that range from pre-school level through high school.
B: Curriculum design and implementation
C: Development of educational programs and materials
D: Field activities for and/or with students
E: Grading and evaluation of students
F: Counseling and evaluation of students
G: Attendance of teacher�s meetings and workshops
H: Other related activities
Article 2.
Period of Employment:
The period of the contract is one year beginning from the date of the Employee�s first working day at the institute in Korea.
Article 3.
Salary and Working Hours:
The Employee shall teach classes for thirty (30) hours per week (Monday through Friday). The Employer shall pay a monthly salary of 2,000,000 won. Payment shall be made once a month. In no event shall the Employee wait longer than 31 calendar days to receive his/her monthly salary.
Article 4.
Overtime Pay:
Should the Employee work more than thirty (30) hours per week, he/she will be paid 20,000 won per hour of overtime.
Article 5.
Policies:
The following policies have been established to assist instructors in the expected performance of their duties. The Employer will have the right to dismiss the Employee for clear and frequent neglect of the duties under this agreement.
A: The Employer shall request the resignation of the Employee if the Employee is found to be guilty of gross misconduct or negligence in the execution of his/her teaching duties. If the Employee is deemed negligent, the Employer shall annul the contract, dismiss the Employee, and shall be free of any responsibility. The Employer is required to give prior written notice to ensure the Employee is given adequate opportunity to adjust his/her behavior.
B: Professional dress and grooming in the work place are essential to maintaining the desired reputation of the institute. The Employer shall establish the guidelines for professional dress.
C: All instructors must behave in a professional manner during class and when socializing with students and their families outside of class. Instructors should be aware of Korean culture and the expectations of teachers within that culture.
D: Instructors are required to attend all staff meetings as requested by the Director. If an instructor must be absent, he/she must inform the Director prior to the scheduled meeting.
E: Instructors are required to interview incoming students and evaluate their placement level.
F: The Employee will not be absent or late for class without two days prior notice.
G: The Director will sanction instructors for sexual or questionable inter-personal relationships between instructors and students.
H: The Employee shall prepare teaching materials for each class prior to the start of said class and will be honest and diligent in the obligations to the class and its students. The Employer agrees to furnish all curricula, textbooks, and other necessary teaching materials.
I: If the school receives an over-abundance of complaints about classes, or if student enrollment drops below accepted levels for three consecutive months, the Employee will be required to attend teacher training and management classes as requested by the director.
J: The Employee shall agree not to teach at any other institute or private home.
K: If the Employee seeks release from his/her contract due to cultural differences, homesickness, or personal problems; he/she is required to notify the institute. The Employee will receive 70% of the monthly salary from the time of notice to when a replacement teacher can be found (maximum time: 4-6 weeks). The Employee will be required to work and fulfill all teaching obligations until a new teacher can be found. The Employee will be required to return the cost of the airfare, which he/she received from the Employer as per the contract.
Article 6.
Benefits:
A: Housing: The Employer will arrange and pay for furnished accommodations for the period of the contract. Employees are responsible for all living expenses including: electricity, gas, water, phone, etc.
B: Travel Allowance: The Employer will reimburse or pay for the flight from the instructor�s native country to Incheon, South Korea. The Employer shall also pay the Employee�s return airfare from Incheon, South Korea to the instructor�s native country after the contracted year.
C: Health Insurance: The Employer shall pay one half (1/2) of the Employee�s medical insurance premium, which shall cover the Employee from the day of the Employee�s arrival in Korea. Half of the insurance premium will be deducted from the Employee�s monthly salary. The Employee is allowed three sick days. If the Employee takes more than three sick days, the rest of the sick days will be deducted from their pay or from their vacation days.
D: Severance Pay: Severance will be awarded only if the Employee has completed the full contract term (12 months). Severance pay will equal one full month�s salary.
E: Vacation: The Employee will receive two weeks paid vacation. One week vacation must be taken when the school has its own vacation. The second week of vacation is not on the fixed time line. However, specific dates for the individual vacation time must be discussed and approved in advance by the Employer provided that the Employee has completed at least two-thirds of the contract.
Article 7.
Governing Law and Jurisdiction:
Any dispute arising in connection with this contract shall be resolved in a Korean court of law according to Korean regulations and codes. The parties agree to comply with all applicable laws in their compliance with this contract.
IN WITNESS HERE OF the parties have agreed upon the stipulations above as of the date of this contract.
______________________________ _______________________________
Employer�s Signature Employee�s Signature
_____________________________ ________________________________
Employer�s Name Employee�s N
Date: ______________________ Date: _________________________
Last edited by LizN on Tue Feb 21, 2006 8:05 pm; edited 1 time in total |
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Yu_Bum_suk
Joined: 25 Dec 2004
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| Posted: Thu Feb 16, 2006 9:14 pm Post subject: |
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It looks quite standard but there are a few points for concern.
'F: The Employee will not be absent or late for class without two days prior notice. '
Sorry but if you get food poisoning (which you likely will at some point) you can't wait two days. The contract doesn't specify any sick days. You should get at least three.
It also doesn't specify holidays. You should get around 10 on top of national holidays.
It suggests that the hogwan is very concerned about professional image. This could be advantageous or disadvantageous.
It doesn't specify hours. This is a huge problem. It could be a long morning and long evening split shift for all you know. It should state a minimum starting and finishing time. Does 6-8am business English, 9-11am kindie and 4-8pm elementary hogwan appeal to you? No? Then make sure everything's straight.
It doesn't specify age groups. Do you not care for rowdy kindie kids? Do you not care for picky adult customers? Do middle school kids drive you up the wall? Well, you might get stuck teaching a lot of students you don't like just because you don't work so well with one particular age group.
Ask for references - preferably emails and phone numbers - from other foreigners who work there.
Finally, it doesn't hurt to post the name of the school. Chances are good someone's heard of them.
Good luck with it! |
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Big Mac
Joined: 17 Sep 2005
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| Posted: Thu Feb 16, 2006 9:24 pm Post subject: |
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The really big red flag in this one is the section where they say that if you quit they will pay you only 70 per cent of your pay until the time a replacement is found. Absolutely ridiculous. There is no way I would agree to that.
They want you to give two days notice if you will be absent from class. I'm sorry, but if you get hit suddenly with the flu I'm pretty sure you won't know two days before.
You should make sure that the medical insurance is the national plan that is mandatory under Korean law. Make sure it's no more than 2.2 per cent of your monthly pay.
The contract seems to be lacking in a lot of detail, but way too heavy on the dismissal clauses. It's a very one-sided contract. Things you should ask about....
--nail down the hours. Will you be working split shifts? What hours will you be expected to be at the school?
--There is no mention of pension. It is mandatory under Korean law. If you're from Canada or the United States you get a refund when you leave the country (it's a substantial amount of cash). You pay 4.5 per cent of your salary into the plan and your employer matches that.
--How much tax will he be taking off? It should be about 1.6 per cent on 2 million won.
--Is it single housing? You don't want to share an apartment!
It just seemed like a very short contract. I wonder what they are hiding. I would be a little suspicious of this contract.
How do you know that just because the owner is American-born that he is sensitive to the needs of teachers and students? If they are feeding you that line, it's quite probable that the opposite is true. TALK TO THE TEACHERS WHO WORK THERE...AND MAKE SURE THE DIRECTOR ISN'T LISTENING IN ON THE CALL!!! E-mail will be better. And ask to talk to ALL the teachers who are there...because if there is only one who is honest, you can be sure the boss will avoid giving you their e-mail address!! |
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Grotto
Joined: 21 Mar 2004
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| Posted: Thu Feb 16, 2006 9:48 pm Post subject: |
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xxx
EMPLOYMENT CONTRACT
This contract is made and entered on the __________________th of ___________________, by and between xxx located in Daejeon, South Korea (hereinafter referred to as �Employer�), and Mr./Mrs./Ms. ____________________________ residing in ___________________ as an English teacher (hereinafter referred to as �Employee�). Both parts agree as follows:
Article 1.
Employment:
The Employer agrees to employ the Employee as an English teacher, and the Employee agrees to work for the Employer as an English teacher at xxx in Daejeon, South Korea.
Conditions of Employment:
The Employees job description shall consist primarily of the following:
A: ESL instructor in any and all phases of the Employer�s program to the teaching of classes that range from pre-school level through high school.
Pre-school=kindy=possible split shifts
B: Curriculum design and implementation
I dont know why they put this crap in contracts...they really have no concept of what it means!
C: Development of educational programs and materials
D: Field activities for and/or with students
E: Grading and evaluation of students
F: Counseling and evaluation of students
G: Attendance of teacher�s meetings and workshops
H: Other related activities
Delete H for sure....if they cant mention it specifically it doesnt belong in the contract. Counseling   Its always nice to know how often and how long meetings and workshops are going to be.
Article 2.
Period of Employment:
The period of the contract is one year beginning from the date of the Employee�s first working day at the institute in Korea.
Article 3.
Salary and Working Hours:
The Employee shall teach classes for thirty (30) hours per week (Monday through Friday). The Employer shall pay a monthly salary of 2,000,000 won. Payment shall be made once a month. In no event shall the Employee wait longer than 31 calendar days to receive his/her monthly salary.
Payday should be on a specific day! The way this is worded they could wait an entire month before paying you for the previous month! Also you might want a definition of a teaching hour...1 hour = 50 classroom minutes and a schedule. 2-8 or whatever...otherwise split shifts become a very real very crappy reality!
Article 4.
Overtime Pay:
Should the Employee work more than thirty (30) hours per week, he/she will be paid 20,000 won per hour of overtime.
Overtime is a bit low, should be 25,000.....definition of a teaching hour 1 teaching hour will be 50 minutes.
Article 5.
Policies:
The following policies have been established to assist instructors in the expected performance of their duties. The Employer will have the right to dismiss the Employee for clear and frequent neglect of the duties under this agreement.
A: The Employer shall request the resignation of the Employee if the Employee is found to be guilty of gross misconduct or negligence in the execution of his/her teaching duties. If the Employee is deemed negligent, the Employer shall annul the contract, dismiss the Employee, and shall be free of any responsibility. The Employer is required to give prior written notice to ensure the Employee is given adequate opportunity to adjust his/her behavior.
The amount of time for the written notice should be stated (30 days) The employer also doesnt have the legal right to proclaim themselves free from any responsability....thats up to the labour board to decide!
B: Professional dress and grooming in the work place are essential to maintaining the desired reputation of the institute. The Employer shall establish the guidelines for professional dress.
Then they should be listed clearly in this contract!
C: All instructors must behave in a professional manner during class and when socializing with students and their families outside of class. Instructors should be aware of Korean culture and the expectations of teachers within that culture.
D: Instructors are required to attend all staff meetings as requested by the Director. If an instructor must be absent, he/she must inform the Director prior to the scheduled meeting.
E: Instructors are required to interview incoming students and evaluate their placement level.
Do they consider this part of the 30 hours a week? I know of several teachers who get dragged in on Saturdays for no pay to do this. I would reword this to say....Interviews of new students will be held Mon-Fri and they time involved will be counted towards the teachers teaching obligation.
F: The Employee will not be absent or late for class without two days prior notice.
 Unrealistic! Delete that clause it has no business being in a contract!
G: The Director will sanction instructors for sexual or questionable inter-personal relationships between instructors and students.
| Quote: |
| Sanction 4 a : a consideration, principle, or influence (as of conscience) that impels to moral action or determines moral judgment b : a mechanism of social control for enforcing a society's standards c : explicit or official approval, permission, or ratification : |
 soooo the directors a pimp? 
H: The Employee shall prepare teaching materials for each class prior to the start of said class and will be honest and diligent in the obligations to the class and its students. The Employer agrees to furnish all curricula, textbooks, and other necessary teaching materials.
Just how much prep time do they expect?
I: If the school receives an over-abundance of complaints about classes, or if student enrollment drops below accepted levels for three consecutive months, the Employee will be required to attend teacher training and management classes as requested by the director.
J: The Employee shall agree not to teach at any other institute or private home.
K: If the Employee seeks release from his/her contract due to cultural differences, homesickness, or personal problems; he/she is required to notify the institute. The Employee will receive 70% of the monthly salary from the time of notice to when a replacement teacher can be found (maximum time: 4-6 weeks).
If you seek release from this contract then do a midnight run...working for less pay is just stupid...and its stupid that they put crap like this in a contract 
The Employee will be required to work and fulfill all teaching obligations until a new teacher can be found. The Employee will be required to return the cost of the airfare, which he/she received from the Employer as per the contract.
After six months you should not be held responsable for the incoming airfare!
Article 6.
Benefits:
A: Housing: The Employer will arrange and pay for furnished accommodations for the period of the contract. Employees are responsible for all living expenses including: electricity, gas, water, phone, etc.
What does the furnishings include?
B: Travel Allowance: The Employer will reimburse or pay for the flight from the instructor�s native country to Incheon, South Korea. The Employer shall also pay the Employee�s return airfare from Incheon, South Korea to the instructor�s native country after the contracted year.
C: Health Insurance: The Employer shall pay one half (1/2) of the Employee�s medical insurance premium, which shall cover the Employee from the day of the Employee�s arrival in Korea. Half of the insurance premium will be deducted from the Employee�s monthly salary. The Employee is allowed three sick days. If the Employee takes more than three sick days, the rest of the sick days will be deducted from their pay or from their vacation days.
D: Severance Pay: Severance will be awarded only if the Employee has completed the full contract term (12 months). Severance pay will equal one full month�s salary.
E: Vacation: The Employee will receive two weeks paid vacation. One week vacation must be taken when the school has its own vacation. The second week of vacation is not on the fixed time line. However, specific dates for the individual vacation time must be discussed and approved in advance by the Employer provided that the Employee has completed at least two-thirds of the contract.
What do they consider two weeks? Two weeks vacation to me is 14 days off.....not 10 days off which is what most hogwans offer!
Article 7.
Governing Law and Jurisdiction:
Any dispute arising in connection with this contract shall be resolved in a Korean court of law according to Korean regulations and codes. The parties agree to comply with all applicable laws in their compliance with this contract.
IN WITNESS HERE OF the parties have agreed upon the stipulations above as of the date of this contract.
______________________________ _______________________________
Employer�s Signature Employee�s Signature
_____________________________ ________________________________
Employer�s Name Employee�s N
Date: ______________________ Date: _________________________
1. Needs clear working hours...30 hours a week is a suckers contract....find out exactly how much time the expect you to be at the school!
2. Clarify exactly when payday is...it should be no later than the 5'th!
3. Find out in advance what dress code is required...some items are harder to find in Korea(especially if you are plus size)
4. Delete section 5 K...working for 70% wage is insulting...possibly the stupidest thing they could put in a contract!
5. Airfare should only need to be repayed during the first 6 months and even then it should be pro-rated! If you leave after 4 months then you should only repay 2/6 or 1/3 of the airfare!
6. No mention of pension(if you are Canadian or American you want this in your contract!)
Crap contract |
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chessmaster9000
Joined: 31 Jan 2006
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| Posted: Fri Feb 17, 2006 6:21 am Post subject: Re: Any advice on this contract |
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| LizN wrote: |
Hi guys
I am a newbie and need sharp eyes for this contract. I am seriously thinking about accepting the job very very soon.
The owner is American born and appears to be sensitive to the needs of her students and teachers. A raise is also offered after a few months work. Heritage doesn't seem to be a problem since she already has an asian person teaching for her, as well has considered me as a potential employee.
thanks in advance to all the wise ones for responding
xxx
EMPLOYMENT CONTRACT
This contract is made and entered on the __________________th of ___________________, by and between xxx located in Daejeon, South Korea (hereinafter referred to as 밇mployer?, and Mr./Mrs./Ms. ____________________________ residing in ___________________ as an English teacher (hereinafter referred to as 밇mployee?. Both parts agree as follows:
Article 1.
Employment:
The Employer agrees to employ the Employee as an English teacher, and the Employee agrees to work for the Employer as an English teacher at xxx in Daejeon, South Korea
Conditions of Employment:
The Employees job description shall consist primarily of the following:
A: ESL instructor in any and all phases of the Employer뭩 program to the teaching of classes that range from pre-school level through high school.
*****No Korean language at all in your contract. There should be none whatsoever. You should have a contract done in English as wells as Korean.
B: Curriculum design and implementation
*****Ask them to specify "curriculum design." That tells me a little about the school before I read the rest of the contract. You may be walking into a situation where the hagwon tells you to do whatever you feel like on a Monday, and then he implements his own curriculum on a Tuesday. That would equal a year of headaches.
C: Development of educational programs and materials
*****Ask him to specify "development of educational programs and materials." When you arrive at your school, you should not be caught up in developing educational programs and materials. Teachers are not responsible for that. If schools have not developed educational programs, that tells you allot about their leadership.
D: Field activities for and/or with students
*****Have this clause removed. The language barrier is a big hurdle to climb. When you go on field activities with students, your responsible for their well being. It would be in your best interest not have have that burden placed upon you.
E: Grading and evaluation of students
*****This is common for teachers to do.
F: Counseling and evaluation of students
*****Counseling students is not your job, but evaluating them is. The hagwon should be the person who counsels them. This will create to many headaches for you anyway.
G: Attendance of teacher뭩 meetings and workshops
*****Remove the Korean writing. Say no to any Saturdays. Get it written in your contract. Employers will have these workshops on Saturdays, and invite the parents. You will either be the babysitter, or guest speaker. That is not to much fun.
H: Other related activities
Article 2.
Period of Employment:
The period of the contract is one year beginning from the date of the Employee뭩 first working day at the institute in Korea.
*****I'm picky, and think it's always a good idea to put dates into a clause such as this.
Article 3.
Salary and Working Hours:
The Employee shall teach classes for thirty (30) hours per week (Monday through Friday). The Employer shall pay a monthly salary of 2,000,000 won. Payment shall be made once a month. In no event shall the Employee wait longer than 31 calendar days to receive his/her monthly salary.
*****You need to have the prospective employer clarify what a working hour consists of.
Article 4.
Overtime Pay:
Should the Employee work more than thirty (30) hours per week, he/she will be paid 20,000 won per hour of overtime.
Article 5.
Policies:
The following policies have been established to assist instructors in the expected performance of their duties. The Employer will have the right to dismiss the Employee for clear and frequent neglect of the duties under this agreement.
A: The Employer shall request the resignation of the Employee if the Employee is found to be guilty of gross misconduct or negligence in the execution of his/her teaching duties. If the Employee is deemed negligent, the Employer shall annul the contract, dismiss the Employee, and shall be free of any responsibility. The Employer is required to give prior written notice to ensure the Employee is given adequate opportunity to adjust his/her behavior.
B: Professional dress and grooming in the work place are essential to maintaining the desired reputation of the institute. The Employer shall establish the guidelines for professional dress.
*****These guidelines should always be in the contract.
C: All instructors must behave in a professional manner during class and when socializing with students and their families outside of class. Instructors should be aware of Korean culture and the expectations of teachers within that culture.
*****The expectations of Korean Teachers are irrelavent. Your there to do your job, and not live up to their expectations. Have this clause removed.
D: Instructors are required to attend all staff meetings as requested by the Director. If an instructor must be absent, he/she must inform the Director prior to the scheduled meeting.
*****This is a red flag. Whenever you see "Instructors are required to attend all staff meetings as requested by the Director," you should be leary. For all you know, you don't know what days they will be on. If they are outside of your pay hours, then you will not get paid. You should do nothing outside of your contract except come into school early for preparation time.
E: Instructors are required to interview incoming students and evaluate their placement level.
*****That's not your job either. This clause should be removed. How could one do a complete evaluation of a Korean Student without knowing their language? Your there to teach, and teach only. Keep that in mind.
F: The Employee will not be absent or late for class without two days prior notice.
G: The Director will sanction instructors for sexual or questionable inter-personal relationships between instructors and students.
*****Get the rambling about "The Director will sanction instructors for sexual orientation or blah blah between instructors." They have no right telling you which employee your not allowed to take home for a one night fling.
H: The Employee shall prepare teaching materials for each class prior to the start of said class and will be honest and diligent in the obligations to the class and its students. The Employer agrees to furnish all curricula, textbooks, and other necessary teaching materials.
*****Red flag: The Employer agrees to furnish all curricula, textbooks, and other necessary teaching materials. This is self explanatory!
I: If the school receives an over-abundance of complaints about classes, or if student enrollment drops below accepted levels for three consecutive months, the Employee will be required to attend teacher training and management classes as requested by the director.
*****Red Flag! Red Flag! Red Flag! You will get an early dismissal.....
J: The Employee shall agree not to teach at any other institute or private home.
*****This is said in all contracts
K: If the Employee seeks release from his/her contract due to cultural differences, homesickness, or personal problems; he/she is required to notify the institute. The Employee will receive 70% of the monthly salary from the time of notice to when a replacement teacher can be found (maximum time: 4-6 weeks). The Employee will be required to work and fulfill all teaching obligations until a new teacher can be found. The Employee will be required to return the cost of the airfare, which he/she received from the Employer as per the contract.
*****You are being asked to take a 30% pay reduction which is not solid. This is a violation of Korean Labor Law to my knowledge. Don't take my word for it though.
Article 6.
Benefits:
A: Housing: The Employer will arrange and pay for furnished accommodations for the period of the contract. Employees are responsible for all living expenses including: electricity, gas, water, phone, etc.
B: Travel Allowance: The Employer will reimburse or pay for the flight from the instructor뭩 native country to Incheon, South Korea. The Employer shall also pay the Employee뭩 return airfare from Incheon, South Korea to the instructor뭩 native country after the contracted year.
C: Health Insurance: The Employer shall pay one half (1/2) of the Employee뭩 medical insurance premium, which shall cover the Employee from the day of the Employee뭩 arrival in Korea. Half of the insurance premium will be deducted from the Employee뭩 monthly salary. The Employee is allowed three sick days. If the Employee takes more than three sick days, the rest of the sick days will be deducted from their pay or from their vacation days.
D: Severance Pay: Severance will be awarded only if the Employee has completed the full contract term (12 months). Severance pay will equal one full month뭩 salary.
E: Vacation: The Employee will receive two weeks paid vacation. One week vacation must be taken when the school has its own vacation. The second week of vacation is not on the fixed time line. However, specific dates for the individual vacation time must be discussed and approved in advance by the Employer provided that the Employee has completed at least two-thirds of the contract.
Article 7.
Governing Law and Jurisdiction:
Any dispute arising in connection with this contract shall be resolved in a Korean court of law according to Korean regulations and codes. The parties agree to comply with all applicable laws in their compliance with this contract.
IN WITNESS HERE OF the parties have agreed upon the stipulations above as of the date of this contract.
______________________________ _______________________________
Employer뭩 Signature Employee뭩 Signature
_____________________________ ________________________________
Employer뭩 Name Employee뭩 N
Date: ______________________ Date: _________________________ |
THROW THIS PIECE OF TRASH AWAY! |
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jacl
Joined: 31 Oct 2005
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| Posted: Fri Feb 17, 2006 7:09 am Post subject: |
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| Doesn't sound so good now, does it? |
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Qinella
Joined: 25 Feb 2005
Location: the crib
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| Posted: Fri Feb 17, 2006 7:21 am Post subject: |
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This contract sounds like the place has experienced, or is very wary of, freaky waygookins. They will be racist and/or condescending in their treatment of you, if so. You'll have to really prove yourself, which isn't necessarily a bad thing.
Honestly, I'd pass on this contract. The most important thing is talking to the other teachers and asking them the right questions.
Q. |
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