Korean Job Discussion Forums

[LateBloomer]

I'd really appreciate some input on this contract since this is all new to me. I have a CELTA but this would be my first teaching job.

Have identified things that I would question or find a bit strange (if I've managed to figure out how to bold type on this site)

Thanks!

1.Contract between "X' & "y"

2. Working Days Five days per week

3. Working Hours six hours per day

4. Teaching Hours Within 30 hours per week (120 hours per month)


Obligation to Work
a) Any activities, which are related, or incidental to the foregoing obligations.
b) Not to be employed by any other agencies during the contract period.
c) To observe all the laws and regulations and to take personal responsibility for any illegal acts by the employee.
d) Must attend all workshops and trainings for teachers.*(not included in work hours)
e) To notify employer six weeks in advance when the employee wants to resign. If the contract is broken for personal reasons, the employee must pay employer�s expenses incurred as a result of employment.
6. Copyright*
Employee who participates in making teaching materials will have no ownership of the copyright. In time of argument, this contract will serve as a proof that the employee has agreed to release his/her copyrights.

7. Payment
a) 1.9 million won will be paid per month on the 10th of every month for work done in the previous month.
b) Overtime hours will be paid at your regular hourly rate plus 20% of it.
c) Employee who participates in services, tutoring or projects such as recording, writing or proofreading of the teaching materials can be paid only if their working hours have surpassed their contracted working hours.*
d) If teaching hours do not exceed the contract hours, the employee can be given proofreading work/book editing work. However, only the teaching hours that exceeded will be considered over-hours and will be given with 20%. The rest of the over-hours (i.e. work hours exceeded by booking editing/proofreading) will be paid 15,000won even if they exceed the contract hours(120).
e) If the employee misses classes for reasons, which cannot be accepted by the employer, the same amount per class hour will be deducted from the payment.
f) If you have worked at least twelve months in accordance with the employment contract and have not been deliberately absent from classes more than 7 days in a year due to your own willful or irresponsible negligence, you will receive as severance pay, one month�s pay upon your departure. Severance pay will not be offered to the employee who does or did illegal acts in Korea

Instructor�s Duties and Responsibilities

a) You need to prepare for classes. Upon your arrival, you can learn some techniques and methods of teaching English from the orientation course for one week. You will also be allowed to observe classes taught by other native teachers.
b) You are expected to come 20 minutes prior to starting hour and prepare for classes, this 15 minutes of preparation time is not included in your working hour.
c) You are to encourage and give assistance to individual students with their English learning as much as possible.
d) You may sit down, but may not remain seated for too long in the classroom unless you are ill. e) You are encouraged to create a positive and productive learning atmosphere in all classes and maintain positive relationships with other employees and students.
f) Instructor will assist in developing the institute�s educational programs and materials.
g) Instructor will participate in other activities related to any aspect of the business of the institute.
h) Instructor will set a good and positive example of himself/herself and his or her institute at all time. Furthermore, instructor will follow the directions of his/her director.
i) Instructor will follow class schedules and will not dismiss class, cancel classes, or start classes late without pre-approval by the academic director.
j) 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. Furthermore, all materials given to the instructor by the institute will be returned after they are no longer needed.
k) Any damages that are caused by the direct result of instructor will be held liable under Korean law.
l) Instructor should be in good health and will submit his/her condition check-up within one week of his or her arrival at the institute. The instructor shall not conceal any diseases or epidemic illness which may interfere with his or her teaching or which may infect others.
m) If instructor fails to conduct himself/herself in a professional manner, resulting in damaging the image of the school, the institute has the right to terminate this contract, but must provide at least a six-week notice to the instructor. And if the institute violates the contract, the instructor also has the right to terminate the agreement, but a six-week notice must be provided as well. First of all, the most important thing the two parties should remember is that if something unpleasant happens, it is better to settle the matter through conversation.
n) If instructor is habitually late without notification, salary may be deducted for the hours lost in such instances.

9. Tax
There are two types of taxes you must pay: income tax and resident tax (10% of income tax). For example, if you earn 1,900,000 won, your tax will be approximately 27,000 won each month.

10. Housing and Furnishing

A. Housing is provided
All houses or apartments are furnished. However, you are to pay the utility costs which you have used in your house. (Only for who are in Samduk accommodation you are to pay per person a "Fixed Utility Expense" which is 100,000 won a month.) Utility Expense includes electricity, heating oil, water, and repairing things in the house.

B. Furnishing
a) __________will provide the instructor(s) either with a rent-free private one room apartment, or with a rent-free two bedroom apartment to be shared with other foreign instructors. We will furnish you with some of the basic necessities such as a desk, a chair, a bed, drawers, a television, and an electric fan. However, a washing machine will be shared with other teachers.. We will also lend you some cooking facilities. However, you may have to buy small things like cups, glasses, bath towels, soap and shampoo, some of which you can bring on your way to Korea or you can buy your favorites here in Korea.
b) Electricity: We use 220 volts in Korea. A converter for 110 volt electric appliances will be provided upon request so that you can use 110v.
c) You will be required to double the amount of the deposit of your phone bill in the last month of your stay. In Korea, the phone bills come one month later. After deducting the phone bill, we will wire you the rest of the deposit.
d) A few days before your contract ends, all the materials, which were lent to you, must still be in good and usable condition. Additional Cleaning fee is required (30,000won) upon your departure.

Holiday
a) There are times when you will not be working for three consecutive days every month, depending on the classes you teach, during which you can take a trip to attractive places in Korea. However, you will be asked to work on the three day holiday once or twice a year.
B) Employee will receive a six-day paid vacation after he or she fulfilled 1/2 of one-year contract period, or after six months. However, if the six-day paid vacation is desired to be used in full at one single time, the employee needs to finish up the one-year contract; Otherwise, the six-day paid vacation is going to be used as two or three day off vacations blocks and should be taken at different times. Also, You have to discuss your plans for vacation with your director six weeks in advance.

Severance Pay
If you have worked at least twelve months in accordance with the employment contract and have not been deliberately absent from classes more than seven days due to sickness or for any other reasons, you will receive upon your departure a severance pay which is one month's pay. The opportunity will be provided if you make up the missed days.


Transportation (Plane Tickets)
Employer will provide an air ticket to Korea from an international airport, which is mutually agreed by employer and employee (henceforth referred to as point of departure). On completion of the full one-year contract period, employer will provide a return air ticket from Korea to your country.. The return ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment agreement with employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). In the event the employee is dismissed, or in the event the employee voluntarily resigns prior to completion of this contract, employer will not pay the cost of return transportation to point of departure for the employee. Further, the employee will reimburse the employer the cost of airfare to Korea, or the employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare to Korea.

16. Termination
Not withstanding the provisions of section 1, employer reserves the right to terminate this agreement or discontinue the salary to employee at any time upon the occurrence of the following events:
a) The death of the employee.
b) Disobedience of the obligations defined in section 5.
c) The determination by the employer that the employee has become unable to perform effectively duties hereunder because of any physical or mental condition.

[tiger fancini]

I wouldn't - double phone bill at end of year, severance pay depending on sickness, minimal vacation and stupid conditions re taking it, and frankly ridiculous clause about standing up during class are enough to put anyone off. Ask them to remove these clauses, up the pay, guarentee you won't be sharing accommodation and say you'll consider it. Then keep looking for better offers - there'll be plenty.

[Peter Jackson]

There wasn't a single thing in that contract that I would agree to. Shoddy from the first clause.

Keep looking. You can do MUCH better!

[Big Mac]

I agree. This isn't a good contract. I think you've already identified some of the things that are wrong with it with your bold type.

The tax thing is a little weird. They say 10 per cent, but that does not work out to 27,000 Won.

The pay is too low. I wouldn't accept anything less than 2 million Won.

I highly doubt they can deny you your severence pay because you did an illegal act while in Korea. That's a case of them sticking their nose in where it doesn't belong.

Also, there is nothing in this contract about pension or medical insurance.

I'd be wary of this one.

[Son Deureo!]

I think a good place to start in any job search is to have some idea of what you are looking for and are willing to accept, and making sure your job meets or exceeds those conditions. Then start looking for the fishy stuff.

In my humble opinion, these are the BARE MINIMUM conditions a newbie should be looking for and insisting on at a kiddie hogwon:

2.0 million for 120 teaching hours/mo
free non-shared apartment
roundtrip airfare from and to the nearest international airport to your home
block shift (no more than 8 hours between your daily start and finish time, get that in writing)
health insurance, 50% of premium paid by you, 50% by employer
Monday-Friday schedule, NO SATURDAYS
2 weeks vacation
all national holidays off (no need to make them up)
any overtime is optional, paid at the rate of 120% of your standard hourly pay

One thing that is noticeably absent from this contract is mention of your start and finish time. It is possible, and surprisingly common, to schedule your 6 hours a day of class time over the course of an 11 hour day. Needless to say, this blows. Get it in writing that this can't possibly happen with a guaranteed start and finish time.


There are some other specific clauses that I wanted to address directly here:

[captain kirk]

The bit about if the employee quits before the twelve month period he/she must reimburse the employer the expenses procuring the teacher.

Usually if you quit/are fired before six months they want you to pay the initial airfare reimbursement. Nothing else.

Sounds like an anal, tight ship with those micro-holidays. And the bit about making up sick days to get your severance at the end. So cheap, stingy sounding I doubt anyone would make it the year (just get dismissed by the boss so he doesn't have to pay severance, like anytime after month nine).

The overtime, at 15,000, is too cheap. I've seen it at 18,000/20,000. These days, with inflation, 15,000 overtime rate is very bad.

They sure word well all the busy work they have in mind for you to do. My god they might be serious.

[Homer]

Bad contract. Worded badly.

As it was mentioned here know what you want (clearly) and what you can reasonably ask for (i.e. what does your experience + qualification warrant in this market) and follow Son Deuros list of bare minimum requirements.

Also, talk to the teachers on staff at the school you are considering. They will be able to tell you first hand about work experiences and work conditions at the school.

Best of luck.

[Son Deureo!]

[Grotto]

1.Contract between "X' & "y"

2. Working Days Five days per week

3. Working Hours six hours per day

You want set working hours! 2-8 or 3-9 whatever!

4. Teaching Hours Within 30 hours per week (120 hours per month)


Obligation to Work
a) Any activities, which are related, or incidental to the foregoing obligations.

Vague!

b) Not to be employed by any other agencies during the contract period.
c) To observe all the laws and regulations and to take personal responsibility for any illegal acts by the employee.

?confusing!

d) Must attend all workshops and trainings for teachers.*(not included in work hours)

Not included means not paid which means dont agree!

e) To notify employer six weeks in advance when the employee wants to resign. If the contract is broken for personal reasons, the employee must pay employer’s expenses incurred as a result of employment.

Delete! Four weeks notice is plenty and you should never agree to pay for employers expenses under any circumstances. This clause is sheer stupidity!

6. Copyright*
Employee who participates in making teaching materials will have no ownership of the copyright. In time of argument, this contract will serve as a proof that the employee has agreed to release his/her copyrights.

7. Payment
a) 1.9 million won will be paid per month on the 10th of every month for work done in the previous month.

Salary is way way too low. Dont accept anything less than 2.2!

b) Overtime hours will be paid at your regular hourly rate plus 20% of it.

Overtime rate will be paid at 20,000 or more...pick a number and stick with it!

c) Employee who participates in services, tutoring or projects such as recording, writing or proofreading of the teaching materials can be paid only if their working hours have surpassed their contracted working hours.*

In short dont participate in any of these projects as we wont pay you for them!

d) If teaching hours do not exceed the contract hours, the employee can be given proofreading work/book editing work. However, only the teaching hours that exceeded will be considered over-hours and will be given with 20%. The rest of the over-hours (i.e. work hours exceeded by booking editing/proofreading) will be paid 15,000won even if they exceed the contract hours(120).

Wait a minute doesnt this contradict section b?

e) If the employee misses classes for reasons, which cannot be accepted by the employer, the same amount per class hour will be deducted from the payment.
f) If you have worked at least twelve months in accordance with the employment contract and have not been deliberately absent from classes more than 7 days in a year due to your own willful or irresponsible negligence, you will receive as severance pay, one month’s pay upon your departure. Severance pay will not be offered to the employee who does or did illegal acts in Korea

You get the pay for completing a years contract! They cannot put in penalty clauses in to withhold this payment from you!

Instructor’s Duties and Responsibilities

a) You need to prepare for classes. Upon your arrival, you can learn some techniques and methods of teaching English from the orientation course for one week. You will also be allowed to observe classes taught by other native teachers.

Paid or unpaid>?

b) You are expected to come 20 minutes prior to starting hour and prepare for classes, this 15 minutes of preparation time is not included in your working hour.

Then dont come! If they are telling you that you have to be there 20 minutes early then they have to pay for it! Another reason why you need your hours set 2-8.

c) You are to encourage and give assistance to individual students with their English learning as much as possible.
d) You may sit down, but may not remain seated for too long in the classroom unless you are ill.

unless you talk out of your ass sitting down wont affect your teaching!

e) You are encouraged to create a positive and productive learning atmosphere in all classes and maintain positive relationships with other employees and students.


f) Instructor will assist in developing the institute’s educational programs and materials.

No thanks...you are hiring an ESL teacher not a program developer!

g) Instructor will participate in other activities related to any aspect of the business of the institute.

No thanks. I will teach in the classroom and thats it!

h) Instructor will set a good and positive example of himself/herself and his or her institute at all time. Furthermore, instructor will follow the directions of his/her director.

As long as they are sane and make sense. Craziness will be met with scorn and disdain!

i) Instructor will follow class schedules and will not dismiss class, cancel classes, or start classes late without pre-approval by the academic director.

Another reason why you want your schedule written in stone!

j) 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. Furthermore, all materials given to the instructor by the institute will be returned after they are no longer needed.
k) Any damages that are caused by the direct result of instructor will be held liable under Korean law.
l) Instructor should be in good health and will submit his/her condition check-up within one week of his or her arrival at the institute. The instructor shall not conceal any diseases or epidemic illness which may interfere with his or her teaching or which may infect others.
m) If instructor fails to conduct himself/herself in a professional manner, resulting in damaging the image of the school, the institute has the right to terminate this contract, but must provide at least a six-week notice to the instructor. And if the institute violates the contract, the instructor also has the right to terminate the agreement, but a six-week notice must be provided as well. First of all, the most important thing the two parties should remember is that if something unpleasant happens, it is better to settle the matter through conversation.
n) If instructor is habitually late without notification, salary may be deducted for the hours lost in such instances.

9. Tax
There are two types of taxes you must pay: income tax and resident tax (10% of income tax). For example, if you earn 1,900,000 won, your tax will be approximately 27,000 won each month.

10. Housing and Furnishing

A. Housing is provided
All houses or apartments are furnished. However, you are to pay the utility costs which you have used in your house. (Only for who are in Samduk accommodation you are to pay per person a "Fixed Utility Expense" which is 100,000 won a month.) Utility Expense includes electricity, heating oil, water, and repairing things in the house.


B. Furnishing
a) __________will provide the instructor(s) either with a rent-free private one room apartment, or with a rent-free two bedroom apartment to be shared with other foreign instructors. We will furnish you with some of the basic necessities such as a desk, a chair, a bed, drawers, a television, and an electric fan. However, a washing machine will be shared with other teachers.. We will also lend you some cooking facilities. However, you may have to buy small things like cups, glasses, bath towels, soap and shampoo, some of which you can bring on your way to Korea or you can buy your favorites here in Korea.

No mention of Air con! Looks like it could be shared cooking facilities crappy!

b) Electricity: We use 220 volts in Korea. A converter for 110 volt electric appliances will be provided upon request so that you can use 110v.
c) You will be required to double the amount of the deposit of your phone bill in the last month of your stay. In Korea, the phone bills come one month later. After deducting the phone bill, we will wire you the rest of the deposit.



d) A few days before your contract ends, all the materials, which were lent to you, must still be in good and usable condition. Additional Cleaning fee is required (30,000won) upon your departure.



Holiday
a) There are times when you will not be working for three consecutive days every month, depending on the classes you teach, during which you can take a trip to attractive places in Korea. However, you will be asked to work on the three day holiday once or twice a year.

LMFAO! Craziness!

B) Employee will receive a six-day paid vacation after he or she fulfilled 1/2 of one-year contract period, or after six months. However, if the six-day paid vacation is desired to be used in full at one single time, the employee needs to finish up the one-year contract; Otherwise, the six-day paid vacation is going to be used as two or three day off vacations blocks and should be taken at different times. Also, You have to discuss your plans for vacation with your director six weeks in advance.

Crappy and crazy...interesting combination! No mention of national holidays! You should recieve 10 days minimum! And this crap about when you can take them The insanity of having to give up and work a couple of 3 day weekends

Severance Pay
If you have worked at least twelve months in accordance with the employment contract and have not been deliberately absent from classes more than seven days due to sickness or for any other reasons, you will receive upon your departure a severance pay which is one month's pay. The opportunity will be provided if you make up the missed days.

Sorry but you get the pay for getting to the finish date of the contract!


Transportation (Plane Tickets)
Employer will provide an air ticket to Korea from an international airport, which is mutually agreed by employer and employee (henceforth referred to as point of departure). On completion of the full one-year contract period, employer will provide a return air ticket from Korea to your country.. The return ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment agreement with employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). In the event the employee is dismissed, or in the event the employee voluntarily resigns prior to completion of this contract, employer will not pay the cost of return transportation to point of departure for the employee. Further, the employee will reimburse the employer the cost of airfare to Korea, or the employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare to Korea.

Delete! After 6 months you should not be libel for the airfare to Korea! If you are stupid enough to sign on for a second year with these nuts you should get cash in lue of airfare!

16. Termination
Not withstanding the provisions of section 1, employer reserves the right to terminate this agreement or discontinue the salary to employee at any time upon the occurrence of the following events:
a) The death of the employee.
:shock:Wonder what happened to previous employee!

b) Disobedience of the obligations defined in section 5.
c) The determination by the employer that the employee has become unable to perform effectively duties hereunder because of any physical or mental condition.


Crappy! Keep looking!

[LateBloomer]

Thanks very much to all!!! Your detailed replies are much appreciated.
You confirmed some of my suspicions and as expected, identifed some things I overlooked.

[sconner]

That sounds like my boss. I know he just scammed one of the teachers who is leaving into rewriting his contract. He traded the rewrite for as letter of recommendation the teacher needed to go back to school. Can I ask what institution this contract is from?

[alabamaman]

1.Contract between "X' & "y"

2. Working Days Five days per week

3. Working Hours six hours per day

4. Teaching Hours Within 30 hours per week (120 hours per month)


**4: I would shoot for 100 classes per month, and stay awya from the hour system.

I would insist on putting a clause in as such below. Some hagwon owners are famous for having teachers instruct classes without an E2 Visa. That's illegal in South Korea. There are many consequences, but employers seem to overlook them for some reason.


The worker shall not work for the employer until an E2 Visa has been issued to the worker by Visa Korean Immigration. After the worker has recieved an E2 Visa from Korean Immigration, the period of employment will begin on __________/__________/__________ and end on __________/__________/__________. The worker will work for the employer for a period not exceeding one year.

[John Henry]

Jesus, some contracts are so bad, there really is nowhere to start negotiating.

If you really want that job for some reason, completely dump that contract, and come up with one of your own. I think there are sample contracts online somewhere. Tell them that you are only comfortable leving your family and friends and coming to a foreign country for a year if you are on a contract that you wrote. And be prepared to walk away.

[Peter Jackson]

It seems that they may have had some problems with previous teachers. The part about "illegal activities" raises some alarm. They probably wouldn't trust or respect you from the outset, based on their preconceived notions of the "reckless, law breaking foreigner". Even though they're the ones who sound criminal with that dodgy contract.

Best of luck, OP