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Antrugha

Joined: 05 Jan 2006 Location: On a 2-wheeled engine
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Posted: Fri May 12, 2006 10:05 am Post subject: Contract help please! :) |
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Hey guys, was wondering if you could please have a look at this contract and let me know what you think?
Employment Contract
This contract for employment is made by and between International English School (Wonju, South Korea) hereafter called "the institute" and Anirudh Garg (Kingston ON, Canada) hereinafter called "the teacher", and is agreed to on or about 15 May 2006 under the terms and conditions stated below:
1. Purpose of Contract
The teacher will teach and train students at or on behalf of the institute at the premises of the institute or at such outside locations as may be necessary and assigned by the institute. Both the teacher and the institute agree to work together under the principles of "good faith" and "mutual respect." The teacher will follow and comply with the institute's policies, guidelines and teaching system. The teacher will maintain the high professional standards of the institute, maintain the confidentiality of all business and teaching matters and materials in this highly competitive intellectual property industry, and respect the confidentiality and privacy of the students.
2. Duration of Contract
This contract is valid for one year beginning from 23 June 2006 approximately. The exact dates will be determined by the issuance of an E-2 Visa and completion of all legal documents and arrival in Korea by the teacher. The aforesaid exact date shall be appended, in writing, to the final page of the contract upon the teacher's arrival in Wonju, South Korea.
3. Scope of Service
The teacher shall faithfully teach and train students at the institute, after obtaining an E-2 visa, and at other locations as assigned, but only after meeting additional immigration requirements. (No outside locations are presently anticipated.) Basic educational materials, methods and programs shall be provided by the institute.
In addition, as discussed, the teacher may advise, recommend and develop new or alternative materials and methods under the direction and in consultation with the institute and its managers, which shall become part of the institute's program. As all such materials shall be part of and become incorporated into the extensive proprietary program of the institute, it is necessary that the ownership of all rights, including copyrights, of songs, scripts, works, manuals, books, texts, tests, quizzes and other materials created or developed by the teacher in whole or in part shall remain solely with the institute.
The teacher further agrees to maintain all aforementioned teaching systems, methods, programs and materials as confidential and proprietary to the institute.
4. Working Hours
This contract is for full-time employment which is agreed to be 30 teaching hours per week from Monday through Friday. The teacher shall expect to spend additional hours, as necessary, for selection, creation and development of materials, class preparation, grading tests and papers etc. Both parties agree to be flexible, cooperative and operate under the principles of good faith and mutual respect should changes become necessary in the primary teaching hours.
The primary teaching hours of the institute are from 2:00 pm to 9:30 pm, Monday through Friday at the institute offices in Wonju City. These are the hours that the institute is open. It is expected that the teacher's hours shall remain within this time frame.
5. Holidays
The Institute observes all Korean National Holidays, about 9 - 12 each year, which shall be paid days off when the institute closes to observe such holidays. On a holiday, hours regularly scheduled to be worked are treated as if they had been "worked" when calculating regular and overtime pay for that period.
6. Vacation
The teacher shall earn two weeks (10 working days) of paid vacation time for one year of service during the first year. Such vacation shall be scheduled to coincide with the institute's regular vacation periods (generally summer and winter). Vacations shall be scheduled as early as possible to allow students, teachers and management to make vacation and travel plans.
Vacation time shall be earned and accrue at a rate of one day per month of employment in the 3rd to 12th months of this contract, should such computation be required, as in the event that the teacher should fail to complete this contract for any reason etc. Earned vacation days that remain accrued and unused shall be compensated in cash upon completion or termination of this contract.
7. Salary
The base salary for regular hours of employment under this contract shall be 2,300,000 Korean Won per month. Payment shall be made in Korean currency at the offices of the institute or by E.F.T. (Electronic Funds Transfer) to the teacher's Korean bank account on the 5th of each month for the previous month's salary and overtime (if any) less taxes, insurance and other deductions (if any). Should the "fifth" fall on a weekend or holiday, payment shall be made on the next business day.
8. Overtime
For overtime hours assigned by the institute, a standard rate of 23,000 Korean won per class hour shall be paid. Hours worked in excess of 30 teaching hours per week shall be considered overtime. Overtime class hours shall be assigned only by mutual agreement, but once created and assigned and accepted by the teacher, must be treated, taught and respected by the teacher just as regular class hours.
The teacher understands that all the students, including those in overtime classes, expect to be treated and taught just like all other regular students and, accordingly, overtime classes may not be missed, skipped,or cancelled.
9. Korean Income and Pension Taxes
Income Taxes shall be deducted and withheld from the teacher's salary and paid to the Korean National Tax Service in accordance with the Korean tax laws.
Likewise, Korean pension taxes shall be deducted and withheld from the teacher's salary. The deducted amount and a matching amount paid by the employer shall be paid to the Korean National Pension Corporation according to the Korean pension laws. The aforesaid pension amounts constitute a tax which may be refundable to some employees upon leaving Korea under Korean laws. Other employees may pay the tax and receive no refund depending upon their country of citizenship. These laws are subject to change and whim of the governments involved. The institute makes no guarantee as to the refundability of Korean pension taxes.
10. Home Country Taxes
All income and other taxes payable or due (if any) in the teacher's home country, by or for the teacher, shall be the sole responsibility of the teacher.
11. Medical Insurance
The institute shall obtain and the teacher shall participate in a medical insurance plan (the Korean National Health Insurance) during the period of this contract. The monthly premium shall be divided equally between the teacher and the institute. The teacher's portion of the premium shall be deducted and withheld from the teacher's monthly salary (about 52,000 won/month at present based upon your salary).
12. Housing
The institute shall provide the teacher with a private, furnished apartment. Such furnishings shall include: bed, clothes armoire, air conditioner, washing machine, basic gas range, refrigerator, Combo TV and VCR, kitchen table and two chairs, livingroom cabinet set and love seat, basic kitchen pots and dishes and telephone. The apartment shall be provided at no cost to the teacher with the exception of utilities (electricity, gas, water, oil), cable TV, internet fees, condo management fees, local and long distance telephone bills, etc.
The teacher agrees to respect and care for the apartment and furnishings. Any and all outstanding bills shall be the responsibility of the teacher. Such bills may be paid directly by the teacher, or for the convenience of the teacher and by agreement, bills may be deducted from the teacher's monthly salary and paid by the institute.
13. Airfare
The teacher shall obtain, in cooperation with the institute, the lowest cost available airfare ticket one-way to Korea. Upon arrival in Korea, the teacher shall be reimbursed for said ticket with the understanding that should the teacher fail to complete six months (180 days) service under this contract, no such airfare shall have been "earned" by the teacher and the teacher shall be liable to repay the institute for said ticket. Following six months service under this contract, the one-way ticket price to Korea shall be deemed "earned" by the teacher.
Upon completion of this contract, one full year, the teacher shall be entitled to a return air ticket one-way to the teacher's city of departure. Should the teacher choose to remain in Korea, or travel to any other destination, such ticket, at the teacher's request, shall be compensated by an equal cash payment. However, should the teacher fail to complete the service of one year under this contract, no return ticket shall be provided and no pro rata compensation made to the teacher.
14. Severance Pay (One Year Completion Bonus)
Upon completion of this contract, one full year, the teacher will receive one month's salary (2,300,000 Korean won) as severance pay (or as a contract completion bonus). This bonus is intended to encourage loyal, continual service, and as a reward for successful completion of this contract, and to allow the institute to maintain a smooth, consistent, regular education program. Therefore, should the teacher fail to complete the service of one full year under this contract, no bonus shall be due or payable to the teacher.
15. Dismissal
The institute may dismiss the teacher for any of the following reasons:
a) violation of the laws of the Republic of South Korea,
b) teaching classes while under the influence of drugs or alcohol,
c) personal behavior that damages the image or reputation of the institute,
d) being continually or excessively late for class,
e) failure to keep scheduled class hours,
f ) repeated absences from classes without a valid reason.
16. Termination of Contract
Either the institute or the teacher may cancel this contract with 60 days written notice. If the teacher wishes to voluntarily resign before completion of this contract the teacher must provide 60 days written notice to the institute. It is understood that, under present market conditions, 60 days is the time necessary to obtain a qualified teacher, meet legal immigration requirements and bring the new teacher to Korea.
17. Release from Contract
Both the institute and the teacher are released from this contract in the case of:
g) death, war, disability or incapacity,
h) failure to obtain an E-2 Visa,
18. Confidentiality
The teacher agrees to hold confidential all information related to the business operations, teaching systems, teaching methods, books and materials belonging to or used by the institute. Under no circumstances shall the teacher reveal any of the aforesaid confidential information to any party outside the institute.
19. Professionalism
Professionalism, courtesy and respect are essential to maintain the reputation of the institute. The teacher agrees to behave accordingly during class, at all times while at the premises of the institute and when socializing with students outside of class.
20. Modification and Extension
This contract may be modified or extended only by mutual written agreement of the parties.
The parties have read, understand and agree to the above stated terms and conditions: |
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alabamaman
Joined: 25 Apr 2006
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Posted: Fri May 12, 2006 11:34 am Post subject: |
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| Antrugha wrote: |
Hey guys, was wondering if you could please have a look at this contract and let me know what you think?
Employment Contract
This contract for employment is made by and between International English School (Wonju, South Korea) hereafter called "the institute" and Anirudh Garg (Kingston ON, Canada) hereinafter called "the teacher", and is agreed to on or about 15 May 2006 under the terms and conditions stated below:
1. Purpose of Contract
The teacher will teach and train students at or on behalf of the institute at the premises of the institute or at such outside locations as may be necessary and assigned by the institute.
You can only work at the location specified on the visa application papers.
Both the teacher and the institute agree to work together under the principles of "good faith" and "mutual respect."
Well said.
The teacher will follow and comply with the institute's policies, guidelines and teaching system. The teacher will maintain the high professional standards of the institute, maintain the confidentiality of all business and teaching matters and materials in this highly competitive intellectual property industry, and respect the confidentiality and privacy of the students.
So far so good!
2. Duration of Contract
This contract is valid for one year beginning from 23 June 2006 approximately. The exact dates will be determined by the issuance of an E-2 Visa and completion of all legal documents and arrival in Korea by the teacher. The aforesaid exact date shall be appended, in writing, to the final page of the contract upon the teacher's arrival in Wonju, South Korea.
The above clause could be worded as such below, but it's me being picky.
The worker will not work for the employer until Korean Immigration has issued an E2 Visa to the worker. After the worker has been issued an E2 Visa from Korean Immigration, the period of employment will begin on _______/_______/_______ and end ______/ _________/_______. The the worker will work for the employer for a period not exceeding one year.
3. Scope of Service
The teacher shall faithfully teach and train students at the institute, after obtaining an E-2 visa, and at other locations as assigned, but only after meeting additional immigration requirements. (No outside locations are presently anticipated.)
They cannot have you work elsewhere unless those locations were specifies on your E2 Visa application papers. I would just stick to one location.
Basic educational materials, methods and programs shall be provided by the institute.
In addition, as discussed, the teacher may advise, recommend and develop new or alternative materials and methods under the direction and in consultation with the institute and its managers, which shall become part of the institute's program. As all such materials shall be part of and become incorporated into the extensive proprietary program of the institute, it is necessary that the ownership of all rights, including copyrights, of songs, scripts, works, manuals, books, texts, tests, quizzes and other materials created or developed by the teacher in whole or in part shall remain solely with the institute.
The teacher further agrees to maintain all aforementioned teaching systems, methods, programs and materials as confidential and proprietary to the institute.
Wow, I can't believe this. I don't have much to say up to this point!
4. Working Hours
This contract is for full-time employment which is agreed to be 30 teaching hours per week from Monday through Friday. The teacher shall expect to spend additional hours, as necessary, for selection, creation and development of materials, class preparation, grading tests and papers etc.
I would aim for 25 classes worked per week, and a maximum of a 100 worked per month. That may make things a little less complicated on you. I just think the hour system creates a heavier load for teachers. Thats my take on the matter.
Both parties agree to be flexible, cooperative and operate under the principles of good faith and mutual respect should changes become necessary in the primary teaching hours.
If they want you to be flexible, then both parties should agree in writing when you are to teach hours outside your schedule hours.
The primary teaching hours of the institute are from 2:00 pm to 9:30 pm, Monday through Friday at the institute offices in Wonju City. These are the hours that the institute is open. It is expected that the teacher's hours shall remain within this time frame.
See if you can swing a 2p.m. to 8p.m., and have those be your set scheduled hours throughout the contract period. If you can get this gig, then those are the only hours you should worry about.
5. Holidays
The Institute observes all Korean National Holidays, about 9 - 12 each year, which shall be paid days off when the institute closes to observe such holidays. On a holiday, hours regularly scheduled to be worked are treated as if they had been "worked" when calculating regular and overtime pay for that period.
6. Vacation
The teacher shall earn two weeks (10 working days) of paid vacation time for one year of service during the first year. Such vacation shall be scheduled to coincide with the institute's regular vacation periods (generally summer and winter). Vacations shall be scheduled as early as possible to allow students, teachers and management to make vacation and travel plans.
You should have 10-13 days of paid vacation regardless, and should not have to wait to complete your contract period. What happens if you leave early, or work at another school after the contract period. This "one year of service during the first year" should be tossed!"
Vacation time shall be earned and accrue at a rate of one day per month of employment in the 3rd to 12th months of this contract, should such computation be required, as in the event that the teacher should fail to complete this contract for any reason etc. Earned vacation days that remain accrued and unused shall be compensated in cash upon completion or termination of this contract.
7. Salary
The base salary for regular hours of employment under this contract shall be 2,300,000 Korean Won per month. Payment shall be made in Korean currency at the offices of the institute or by E.F.T. (Electronic Funds Transfer) to the teacher's Korean bank account on the 5th of each month for the previous month's salary and overtime (if any) less taxes, insurance and other deductions (if any). Should the "fifth" fall on a weekend or holiday, payment shall be made on the next business day.
If you arrived next month, then you have to get paid that month. Payday would be on the last work day of the month. Korean Labor Law states you must get paid once per month.
8. Overtime
For overtime hours assigned by the institute, a standard rate of 23,000 Korean won per class hour shall be paid. Hours worked in excess of 30 teaching hours per week shall be considered overtime. Overtime class hours shall be assigned only by mutual agreement, but once created and assigned and accepted by the teacher, must be treated, taught and respected by the teacher just as regular class hours.
Aim for 25,000 Korean Won per hour, but don't push it too hard. I would include how long each overtime class is(they are the same as regular classes) in this clause.
The teacher understands that all the students, including those in overtime classes, expect to be treated and taught just like all other regular students and, accordingly, overtime classes may not be missed, skipped,or cancelled.
Fair enough.
9. Korean Income and Pension Taxes
Income Taxes shall be deducted and withheld from the teacher's salary and paid to the Korean National Tax Service in accordance with the Korean tax laws.
Likewise, Korean pension taxes shall be deducted and withheld from the teacher's salary. (teacher's monthly salary) The deducted amount and a matching amount paid by the employer shall be paid to the Korean National Pension Corporation according to the Korean pension laws. The aforesaid pension amounts constitute a tax which may be refundable to some employees upon leaving Korea under Korean laws.
If this is refundable to you, then get it written in this contract.
Other employees may pay the tax and receive no refund depending upon their country of citizenship. These laws are subject to change and whim of the governments involved. The institute makes no guarantee as to the refundability of Korean pension taxes.
10. Home Country Taxes
All income and other taxes payable or due (if any) in the teacher's home country, by or for the teacher, shall be the sole responsibility of the teacher.
11. Medical Insurance
The institute shall obtain and the teacher shall participate in a medical insurance plan (the Korean National Health Insurance) during the period of this contract. The monthly premium shall be divided equally between the teacher and the institute. The teacher's portion of the premium shall be deducted and withheld from the teacher's monthly salary (about 52,000 won/month at present based upon your salary).
2.24% of your monthly salary. (51,520 Korean Won)
12. Housing
The institute shall provide the teacher with a private, furnished apartment. Such furnishings shall include: bed, clothes armoire, air conditioner, washing machine, basic gas range, refrigerator, Combo TV and VCR, kitchen table and two chairs, livingroom cabinet set and love seat, basic kitchen pots and dishes and telephone. The apartment shall be provided at no cost to the teacher with the exception of utilities (electricity, gas, water, oil), cable TV, internet fees, condo management fees, local and long distance telephone bills, etc.
The teacher agrees to respect and care for the apartment and furnishings. Any and all outstanding bills shall be the responsibility of the teacher. Such bills may be paid directly by the teacher, or for the convenience of the teacher and by agreement, bills may be deducted from the teacher's monthly salary and paid by the institute.
13. Airfare
The teacher shall obtain, in cooperation with the institute, the lowest cost available airfare ticket one-way to Korea. Upon arrival in Korea, the teacher shall be reimbursed for said ticket with the understanding that should the teacher fail to complete six months (180 days) service under this contract, no such airfare shall have been "earned" by the teacher and the teacher shall be liable to repay the institute for said ticket. Following six months service under this contract, the one-way ticket price to Korea shall be deemed "earned" by the teacher.
Upon completion of this contract, one full year, the teacher shall be entitled to a return air ticket one-way to the teacher's city of departure. Should the teacher choose to remain in Korea, or travel to any other destination, such ticket, at the teacher's request, shall be compensated by an equal cash payment. However, should the teacher fail to complete the service of one year under this contract, no return ticket shall be provided and no pro rata compensation made to the teacher.
14. Severance Pay (One Year Completion Bonus)
Upon completion of this contract, one full year, the teacher will receive one month's salary (2,300,000 Korean won) as severance pay (or as a contract completion bonus). This bonus is intended to encourage loyal, continual service, and as a reward for successful completion of this contract, and to allow the institute to maintain a smooth, consistent, regular education program. Therefore, should the teacher fail to complete the service of one full year under this contract, no bonus shall be due or payable to the teacher.
15. Dismissal
The institute may dismiss the teacher for any of the following reasons:
a) violation of the laws of the Republic of South Korea,
b) teaching classes while under the influence of drugs or alcohol,
c) personal behavior that damages the image or reputation of the institute,
d) being continually or excessively late for class,
e) failure to keep scheduled class hours,
f ) repeated absences from classes without a valid reason.
I would throw out C. Are they referring to behaviors when your not working?
16. Termination of Contract
Either the institute or the teacher may cancel this contract with 60 days written notice. If the teacher wishes to voluntarily resign before completion of this contract the teacher must provide 60 days written notice to the institute. It is understood that, under present market conditions, 60 days is the time necessary to obtain a qualified teacher, meet legal immigration requirements and bring the new teacher to Korea.
You only need 30 days to cancel a contract, and the same applies for voluntary resignation. It takes less than 60 days to obtain a qualified teacher, and if they don't that's not your problem anyway. It's there problem!
17. Release from Contract
Both the institute and the teacher are released from this contract in the case of:
g) death, war, disability or incapacity,
h) failure to obtain an E-2 Visa,
Have them clarify incapacity for you.
18. Confidentiality
The teacher agrees to hold confidential all information related to the business operations, teaching systems, teaching methods, books and materials belonging to or used by the institute. Under no circumstances shall the teacher reveal any of the aforesaid confidential information to any party outside the institute.
19. Professionalism
Professionalism, courtesy and respect are essential to maintain the reputation of the institute. The teacher agrees to behave accordingly during class, at all times while at the premises of the institute and when socializing with students outside of class.
20. Modification and Extension
This contract may be modified or extended only by mutual written agreement of the parties.
There should be some sort of time that both parties have to reach this mutual agreement. Include that in the contract
I think a documents clause is always handy.
??) Documents
a) A sponsorship letter of guarantee will be attached to the worker's contract at the time the contract is issued to the worker.
b) The employer will attach a duplicate contract written in Korean to the at the time the contract is issued to the worker.
c) A "Certificate of Employment" will be attached to the worker's contract at the time the contract is issued to the worker.
d) A photocopy of the employer's "Rules of Employment" will be attached to the contract at the time the contract is issued to the worker.
Is there a dress code, or did I miss it?
Visa Run clause?
Letter of Release Clause
??) Letter of Release
In the event that the worker seeks release from this contract, the employer must issue a letter of release to the worker upon request, without delay or fee being charged to the worker or potential employers. Under no circumstances shall the employer refuse the worker a letter of release or hinder the worker from securing future employment in Korea.
I think this contract is better than some of the others I've seen recently. It's definately do-able.
The parties have read, understand and agree to the above stated terms and conditions: |
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Grotto

Joined: 21 Mar 2004
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Posted: Fri May 12, 2006 12:23 pm Post subject: |
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Employment Contract
This contract for employment is made by and between International English School (Wonju, South Korea) hereafter called "the institute" and Anirudh Garg (Kingston ON, Canada) hereinafter called "the teacher", and is agreed to on or about 15 May 2006 under the terms and conditions stated below:
Contracts dont go 'on or about' they are fixed beasts whose duration is spelt out clearly!
1. Purpose of Contract
The teacher will teach and train students at or on behalf of the institute at the premises of the institute or at such outside locations as may be necessary and assigned by the institute.
Sorry but your E2 says you work here and here alone....any secondary location would need approval by immigration. Clauses like this are illegal.
Both the teacher and the institute agree to work together under the principles of "good faith" and "mutual respect."
Sorry but the institute has blown it already!
The teacher will follow and comply with the institute's policies, guidelines and teaching system. The teacher will maintain the high professional standards of the institute, maintain the confidentiality of all business and teaching matters and materials in this highly competitive intellectual property industry, and respect the confidentiality and privacy of the students.
2. Duration of Contract
This contract is valid for one year beginning from 23 June 2006 approximately. The exact dates will be determined by the issuance of an E-2 Visa and completion of all legal documents and arrival in Korea by the teacher. The aforesaid exact date shall be appended, in writing, to the final page of the contract upon the teacher's arrival in Wonju, South Korea.
Again contract start dates are set! Considering you have to send the contract to immigration to get the E2 visa and that they want you to change it after the said issuance of the visa I find quite strange!
3. Scope of Service
The teacher shall faithfully teach and train students at the institute, after obtaining an E-2 visa, and at other locations as assigned, but only after meeting additional immigration requirements. (No outside locations are presently anticipated.) Basic educational materials, methods and programs shall be provided by the institute.
If no outside locations are anticipated then it shouldnt be in the contract! Keep the bolded parts and delete the rest!
In addition, as discussed, the teacher may advise, recommend and develop new or alternative materials and methods under the direction and in consultation with the institute and its managers, which shall become part of the institute's program. As all such materials shall be part of and become incorporated into the extensive proprietary program of the institute, it is necessary that the ownership of all rights, including copyrights, of songs, scripts, works, manuals, books, texts, tests, quizzes and other materials created or developed by the teacher in whole or in part shall remain solely with the institute.
copywriting you are going to teach ESL.....this is a pretty stupid clause...anything you create or develop is yours...if you wish to share it with the institute thats fine...but then you should be compensated for it....curriculum development can be quite expensive
The teacher further agrees to maintain all aforementioned teaching systems, methods, programs and materials as confidential and proprietary to the institute.
Nothing was aforementioned Silly people writing silly contracts which they dont understand.... ...but they sound good
4. Working Hours
This contract is for full-time employment which is agreed to be 30 teaching hours per week from Monday through Friday. The teacher shall expect to spend additional hours, as necessary, for selection, creation and development of materials, class preparation, grading tests and papers etc.
No NO NO NO!! Contracted hours are from 2-8 or whatever the schedule is. Never agree to 30 hours per week.....and under no circumstances agree to the bolded stupidity It should simply be deleted for the stupidity that it is! If you are expected to WORK additional hours you should be compensated for them!
Both parties agree to be flexible, cooperative and operate under the principles of good faith and mutual respect should changes become necessary in the primary teaching hours.
No way Jose! That is why you have a contract! The translation for this clause is: [color=darkblue]We will change your hours at whim...you will suck it up and like it! IF you complain in any way shape or form we will refer you to this clause and point out your are not being flexible, cooperative and operating under the principles of good faith and mutual respect you evil foreign devil![/color]
The primary teaching hours of the institute are from 2:00 pm to 9:30 pm, Monday through Friday at the institute offices in Wonju City. These are the hours that the institute is open. It is expected that the teacher's hours shall remain within this time frame.
So your 30 hours a week have just jumped to 37.5....will they pay you 7.5 hours overtime per week? Not likely! Considering that they can change the hours at whim it seems like you would be heading into a whole lot of hassle for the next year...keep looking...or send them this critique!
5. Holidays
The Institute observes all Korean National Holidays, about 9 - 12 each year, which shall be paid days off when the institute closes to observe such holidays. On a holiday, hours regularly scheduled to be worked are treated as if they had been "worked" when calculating regular and overtime pay for that period.
6. Vacation
The teacher shall earn two weeks (10 working days) of paid vacation time for one year of service during the first year. Such vacation shall be scheduled to coincide with the institute's regular vacation periods (generally summer and winter). Vacations shall be scheduled as early as possible to allow students, teachers and management to make vacation and travel plans.
Vacation time shall be earned and accrue at a rate of one day per month of employment in the 3rd to 12th months of this contract, should such computation be required, as in the event that the teacher should fail to complete this contract for any reason etc. Earned vacation days that remain accrued and unused shall be compensated in cash upon completion or termination of this contract.
fishy...looks like they will try to keep you from taking vacation and pay it out at the end of the contract.....you would want an exact computation of just how much that compensation would be per day! Otherwise it may end up being.....for your 10 days we give you 20,000 won per day...woohoo and extra 200$ for half a months work...SUCKER!
7. Salary
The base salary for regular hours of employment under this contract shall be 2,300,000 Korean Won per month. Payment shall be made in Korean currency at the offices of the institute or by E.F.T. (Electronic Funds Transfer) to the teacher's Korean bank account on the 5th of each month for the previous month's salary and overtime (if any) less taxes, insurance and other deductions (if any).
Tax, pension and health insurance...nothing else should be taken and dont let them!
Should the "fifth" fall on a weekend or holiday, payment shall be made on the next business day.
Sorry dummies but payday is on the 5'th...on or BEFORE....late pay is a violation of the contract.
8. Overtime
For overtime hours assigned by the institute, a standard rate of 23,000 Korean won per class hour shall be paid. Hours worked in excess of 30 teaching hours per week shall be considered overtime. Overtime class hours shall be assigned only by mutual agreement, but once created and assigned and accepted by the teacher, must be treated, taught and respected by the teacher just as regular class hours.
So once you agree to an overtime class its yours for the rest of your stay....not necessarily good or bad. It should read any classes in excess of 25 per week will be paid out at 23,000 won per class....this 30 hours a week crap is bull and a lie....remember you are going to be at the school for 37.5 hours a week plus!
The teacher understands that all the students, including those in overtime classes, expect to be treated and taught just like all other regular students and, accordingly, overtime classes may not be missed, skipped,or cancelled.
9. Korean Income and Pension Taxes
Income Taxes shall be deducted and withheld from the teacher's salary and paid to the Korean National Tax Service in accordance with the Korean tax laws.
Likewise, Korean pension taxes shall be deducted and withheld from the teacher's salary. The deducted amount and a matching amount paid by the employer shall be paid to the Korean National Pension Corporation according to the Korean pension laws. The aforesaid pension amounts constitute a tax which may be refundable to some employees upon leaving Korea under Korean laws. Other employees may pay the tax and receive no refund depending upon their country of citizenship. These laws are subject to change and whim of the governments involved. The institute makes no guarantee as to the refundability of Korean pension taxes.
Pension 4.5% each...health care 2.24% each...tax variable according to wage but on 2.3 mil its 49,330 approximently 2.5%
10. Home Country Taxes
All income and other taxes payable or due (if any) in the teacher's home country, by or for the teacher, shall be the sole responsibility of the teacher.
11. Medical Insurance
The institute shall obtain and the teacher shall participate in a medical insurance plan (the Korean National Health Insurance) during the period of this contract. The monthly premium shall be divided equally between the teacher and the institute. The teacher's portion of the premium shall be deducted and withheld from the teacher's monthly salary (about 52,000 won/month at present based upon your salary).
A little less, remember contracts are exact...not 'about'
12. Housing
The institute shall provide the teacher with a private, furnished apartment. Such furnishings shall include: bed, clothes armoire, air conditioner, washing machine, basic gas range, refrigerator, Combo TV and VCR, kitchen table and two chairs, livingroom cabinet set and love seat, basic kitchen pots and dishes and telephone. The apartment shall be provided at no cost to the teacher with the exception of utilities (electricity, gas, water, oil), cable TV, internet fees, condo management fees, local and long distance telephone bills, etc.
The teacher agrees to respect and care for the apartment and furnishings. Any and all outstanding bills shall be the responsibility of the teacher. Such bills may be paid directly by the teacher, or for the convenience of the teacher and by agreement, bills may be deducted from the teacher's monthly salary and paid by the institute.
Never agree to this its a recipe to get ripped off. Get your bills and pay them yourself.
13. Airfare
The teacher shall obtain, in cooperation with the institute, the lowest cost available airfare ticket one-way to Korea. Upon arrival in Korea, the teacher shall be reimbursed for said ticket with the understanding that should the teacher fail to complete six months (180 days) service under this contract, no such airfare shall have been "earned" by the teacher and the teacher shall be liable to repay the institute for said ticket. Following six months service under this contract, the one-way ticket price to Korea shall be deemed "earned" by the teacher.
So when is the reimbursement? One week? Upon arrival? Get it written in stone!
Upon completion of this contract, one full year, the teacher shall be entitled to a return air ticket one-way to the teacher's city of departure. Should the teacher choose to remain in Korea, or travel to any other destination, such ticket, at the teacher's request, shall be compensated by an equal cash payment. However, should the teacher fail to complete the service of one year under this contract, no return ticket shall be provided and no pro rata compensation made to the teacher.
14. Severance Pay (One Year Completion Bonus)
Upon completion of this contract, one full year, the teacher will receive one month's salary (2,300,000 Korean won) as severance pay (or as a contract completion bonus). This bonus is intended to encourage loyal, continual service, and as a reward for successful completion of this contract, and to allow the institute to maintain a smooth, consistent, regular education program. Therefore, should the teacher fail to complete the service of one full year under this contract, no bonus shall be due or payable to the teacher.
Hogwash....the payment is for completing the contract...nothing more...nothing less!
15. Dismissal
The institute may dismiss the teacher for any of the following reasons:
a) violation of the laws of the Republic of South Korea,
b) teaching classes while under the influence of drugs or alcohol,
c) personal behavior that damages the image or reputation of the institute,
d) being continually or excessively late for class,
e) failure to keep scheduled class hours,
f ) repeated absences from classes without a valid reason.
16. Termination of Contract
Either the institute or the teacher may cancel this contract with 60 days written notice. If the teacher wishes to voluntarily resign before completion of this contract the teacher must provide 60 days written notice to the institute. It is understood that, under present market conditions, 60 days is the time necessary to obtain a qualified teacher, meet legal immigration requirements and bring the new teacher to Korea.
30 days is plenty by the labour boards ruling!
17. Release from Contract
Both the institute and the teacher are released from this contract in the case of:
g) death, war, disability or incapacity,
h) failure to obtain an E-2 Visa,
i) if the institute does not live up to its end of the contract
18. Confidentiality
The teacher agrees to hold confidential all information related to the business operations, teaching systems, teaching methods, books and materials belonging to or used by the institute. Under no circumstances shall the teacher reveal any of the aforesaid confidential information to any party outside the institute.
19. Professionalism
Professionalism, courtesy and respect are essential to maintain the reputation of the institute. The teacher agrees to behave accordingly during class, at all times while at the premises of the institute and when socializing with students outside of class.
20. Modification and Extension
This contract may be modified or extended only by mutual written agreement of the parties.
The parties have read, understand and agree to the above stated terms and conditions:
Blech! pay is okay but the hours are crap....that whole section will come back to bite you in the ass. |
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jacl
Joined: 31 Oct 2005
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Posted: Sat May 13, 2006 1:48 am Post subject: |
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I give it a B or a B+. Maybe I'm feeling generous today.
Get a few things deleted and changed and you'll be ok.
Schedule and Hours
First of all, I'd get the schedule changed to 2-9 or 2:30-9:30. The other posters are quite helpful, but seem to be overly demanding with some issues. 2-8 is asking too much. They need you there to teach at those times. Standard contracts are 30 hrs/wk. I don't see anything (might have missed it) about hours being defined as 45 or 50 minutes. 50 minutes is standard. 10 minutes for talking, 30 minutes for teaching, and 10 minutes for fun (work smart ). Then you have 10 minutes between each class to smoke, go to the bathroom, get a snack, make photocopies (I try to get the receptionist to do this and it's usually while I'm teaching ), etc.
Remember that 30 hrs/wk mean six 50-minute classes/day. Anthing over that is OT. With a 2-9 schedule, anthing before or after this set schedule is OT. OT is a daily thing. That's why your contract should sate 120 hrs/month (I dont' think that it does).
Get the "be considerate about changing the schedule" thing. It's 2-9 or whatever for the duration.
Outside Locations
You need a stamp in your passport and a signature-stamp thing on the back on your alien card to work at other locations.
I really don't think it's such a bad thing to be working at other locations since the employer has to take in consideration travel time. With a set schedule it could mean more OT for you! At least you don't have split shifts.
You teach your classes. Any other time is break time.
Vacation
I don't see where there's a problem with the vacation. It's actually good to accrue it one day per month and get comensated for days not taken. Things like how much it is per day don't need to be put in the contract. Your pay is 2.3 million a month. On a salary, that's 2.3 million divided by 30 = 76,667 Won/day. That's it, that's all.
In a hagwon, you might not get to take all your vacation days. Comes with the territory. The school will no doubt be closed during the two big holidays. 5 to 6 days total. Sort of a "forced to take vacation on these days" kind of thing.
Deductions
Don't see a problem there except for your utilities being deducted from your check. You're going to want bills that are mailed to you so that you have the proof of payments.
Taxes, pension and health need not be mentioned on a contract and I like it that this employer states "according to Korean Law". It's good to see the amounts like 4.5% for pension, but as long as you know what the amounts are, you're ok. Many contracts will state 3.3% tax or 5% tax and that's just BS. You're taxes are what Grott said. They may or may not forward your tax deductions to the tax office, so ask them if OT is taxed Your tax rate will increase (legally) if you do OT. If they still tax you the same % with OT, then something's up. Try to get out of OT tax.
Make sure that you call the pension office after a couple of pays to verify that your employer is contributing your and his share. If you're from Canada or the States, that's your money.
Health is 2.24% each for your boss and you. 52,000 is a couple of Won off. The amount is what Grotto said.
Oh yeah, "other deductions". I wouldn't worry about that. Sometimes there are things like water bills where you don't get any bills because the landlord pays the water yearly. I get dinged 10,000 Won/check for that. I couldn't care less. If they start telling you that it costs 30,000 for this and 20,000 for that for things that aren't utilites (water, gas, oil, electricity) then tell them to get bent. Don't pay management fees. I guess you should just get that deleted, but no biggie.
Salary
I don't like the "pay you the next working day after the 5th" deal. Not too much of a big deal unless you're one who lives from pay to pay. They can transfer money to your account on the weekend or on holidays .
Overtime
23,000/hr is fine. You need a shorter set schedule though. 7 hours/day max. No split shift.
Air Fare
Get them to pay for you to come out. Screw paying it yourself. Get that deleted.
Severence
Severence is severence. You get it when you complete the year contract.
Notice
30 days by law. Get them to change that just so they know and you know where it stands. If they let you go with no notice after 3 months (some say 6), they have to give you a month's pay. |
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schwa
Joined: 18 Jan 2003 Location: Yap
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Posted: Sat May 13, 2006 2:48 am Post subject: |
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Strikes me as a well thought out & generous contract. Get contact info for present employees (thats a standard request) & confirm that its an honest & reasonable academy, & I'd say it looks good to go.
If you try rewriting the contract, you can kiss the job goodbye. At 2.3 it wont last long. You might have a good wait for another similar offer. Wonju would likely serve you okay for a first gig. |
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jacl
Joined: 31 Oct 2005
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Posted: Sat May 13, 2006 3:57 am Post subject: |
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| schwa wrote: |
Strikes me as a well thought out & generous contract. Get contact info for present employees (thats a standard request) & confirm that its an honest & reasonable academy, & I'd say it looks good to go.
If you try rewriting the contract, you can kiss the job goodbye. At 2.3 it wont last long. You might have a good wait for another similar offer. Wonju would likely serve you okay for a first gig. |
Yeah, it's not bad, really. |
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ontheway
Joined: 24 Aug 2005 Location: Somewhere under the rainbow...
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Posted: Sat May 13, 2006 4:03 am Post subject: |
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alabamaman: You asked about the word "incapacity."
"Incapacity" is a legal term that refers to individuals who are, under the law, incapable of making legal contracts. One may be legally incapable of making contracts due to age, being a minor, or due to mental impairment due to injury, disease or advanced age, or due to mental illness. This is a condition that would be adjudicated and render the contract void. Having read the freakiest waygook thread, it's probably a good idea. |
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alabamaman
Joined: 25 Apr 2006
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Posted: Sat May 13, 2006 4:15 am Post subject: |
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| ontheway wrote: |
alabamaman: You asked about the word "incapacity."
"Incapacity" is a legal term that refers to individuals who are, under the law, incapable of making legal contracts. One may be legally incapable of making contracts due to age, being a minor, or due to mental impairment due to injury, disease or advanced age, or due to mental illness. This is a condition that would be adjudicated and render the contract void. Having read the freakiest waygook thread, it's probably a good idea. |
Having read the freakiest waygook thread, it's probably a good idea  |
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alabamaman
Joined: 25 Apr 2006
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Posted: Sat May 13, 2006 4:21 am Post subject: |
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I really don't think it's such a bad thing to be working at other locations since the employer has to take in consideration travel time. With a set schedule it could mean more OT for you! At least you don't have split shifts.
There should be a clause stating his boss is going to pay for travel expenses. |
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jacl
Joined: 31 Oct 2005
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Posted: Sat May 13, 2006 4:46 am Post subject: |
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| alabamaman wrote: |
I really don't think it's such a bad thing to be working at other locations since the employer has to take in consideration travel time. With a set schedule it could mean more OT for you! At least you don't have split shifts.
There should be a clause stating his boss is going to pay for travel expenses. |
Are you quoting me? I think you are.
I don't see why that clause is necessary. If they expect you to travel then of course they pay for it. When they say, "You're going to location B on Tuesdays and Thursdays", you say, "Ok. Give me taxi money." It doesn't have to be in the contract, but it's a good idea to tell them up front that if you have to travel to work and back that they have to pay transportation. Don't be too picky about little things if you want the job. Just deal with it later when they have no choice and stand your ground. There are things that you do during contract negotitations and there things that you do once you have your Alien card. |
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Antrugha

Joined: 05 Jan 2006 Location: On a 2-wheeled engine
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Posted: Sat May 13, 2006 7:45 am Post subject: |
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awesome!
so the guy i've been talking to on the phone has actually been the head teacher for the school and he is a foreigner. He's been REALLY helpful and honest about everything and it's been such a refreshing change that that is the main attraction for me with regards to going to this school. My reasoning is basically that Wonju is so close to the beach, skiing, national parks and Seoul that, since I get the weekends off, I can just go for a weekend trip whenever I get bored. As for the contract, I've talked to him about a lot of your guys' concerns and he said that we could probably add or change most of it but he said that the hours are going to have to stay where they are because that is just when the school works and, since I will be their 3rd teacher, they are going to need to keep it between 2-9:30. He said, however, that since the contract stipulates that I work at most 30 hours per week with over time given for anything more than that, the way it works is that my classes will be scheduled between that time and that is all.
My biggest concern with asking for more is losing this job because it seems pretty ideal for me. The only big worry i have is that of getting lonely in Wonju... but i guess that's for another post.
The only big thing is asking for air fare up front, because I'm kinda broke right now and can't really afford a $1500 flight to korea. Do you think it's reasonable for me to ask for it up front? |
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Grotto

Joined: 21 Mar 2004
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Posted: Sat May 13, 2006 8:37 am Post subject: |
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| Quote: |
| The only big thing is asking for air fare up front, because I'm kinda broke right now and can't really afford a $1500 flight to korea. Do you think it's reasonable for me to ask for it up front? |
Absolutely...be honest with them....tell them you dont have the money for a flight to Korea and they will most llikely book your ticket for you! |
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jacl
Joined: 31 Oct 2005
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Posted: Sat May 13, 2006 8:39 am Post subject: |
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I don't see any major issues with the contract except for the hours being defined as 50 minutes or whatever. That's important. You don't want to teach thirty 60-minute classes/week. I still don't like the schedule, but at least it's block. Get whatever deleted and changed and then sign it. At least you get some sort of a couch.
You know that teaching 2-9 or 2:30-9:30 would be much better. You'll be in the country, I'm guessing, so chances are that you may have to be at the school on a longer shift because a driver could be picking everyone up at the same and and then driving home. You should really ask about how far the school is from your apartment and how you get to work and back. You should also ask if you have adequate access to a computer at work. Ask how many computers they have at the hagwon (just to look concerned or for own curiosity). Make sure they aren't slave drivers i.e. reports, tests, etc. Doesn't sound like it. Don't do administrative work. There's no time to really.
It doesn't look like they're trying to screw you around, but, again, find out how the hour is defined.
You never know what you're getting yourself into.
And, yeah, get them to pay for the flight. What's up with that? Hmmm. |
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alabamaman
Joined: 25 Apr 2006
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Posted: Sat May 13, 2006 8:53 am Post subject: |
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| Antrugha wrote: |
awesome!
so the guy i've been talking to on the phone has actually been the head teacher for the school and he is a foreigner. He's been REALLY helpful and honest about everything and it's been such a refreshing change that that is the main attraction for me with regards to going to this school. My reasoning is basically that Wonju is so close to the beach, skiing, national parks and Seoul that, since I get the weekends off, I can just go for a weekend trip whenever I get bored. As for the contract, I've talked to him about a lot of your guys' concerns
nd he said that we could probably add or change most of it but he said that the hours are going to have to stay where they are because that is just when the school works and, since I will be their 3rd teacher, they are going to need to keep it between 2-9:30. He said, however, that since the contract stipulates that I work at most 30 hours per week with over time given for anything more than that, the way it works is that my classes will be scheduled between that time and that is all.
My biggest concern with asking for more is losing this job because it seems pretty ideal for me. The only big worry i have is that of getting lonely in Wonju... but i guess that's for another post.
The only big thing is asking for air fare up front, because I'm kinda broke right now and can't really afford a $1500 flight to korea. Do you think it's reasonable for me to ask for it up front? |
If he says "could probably add or change most of it," then all changes should be in your contract before you depart to Korea.  |
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