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contract dilemmas - please help!

 
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potin14p



Joined: 04 May 2006

PostPosted: Thu May 25, 2006 2:00 am    Post subject: contract dilemmas - please help! Reply with quote

I know this is a common request, and I know that minimum contract standards have been posted, so as to help newbies like myself. however, I'm a wee bit puzzled..... the contract seems to meet these standards, but an acquaintance read it and said it was "a terrible contract", and that i should walk away from the recruiter immediately. Who do I believe?
The contract offers:
* 2million won per month (which is ok for newbies, isnt it?)
* overtime is 18,000 per hour.
* actual teaching hours: 30 per week, and classes are Monday to Friday.
* 3 days sick leave, ten days paid holidays (5 winter 5 summer), and 14 public holidays, and up to 3 days emergency leave.
* severance pay of krw 2million.
* the contract mentions a housing security payment that gets deducted from my first 3 paychecks, and then gets payed back at the end of the contract - is this standard?

I don't know how to attach docs, so I'm just going to paste the whole thing below. I would be very grateful for any suggestions/warnings. Thanks! Smile

AGREEMENT

This Agreement is made and entered into as of , between , Jungchul Language School Pyeong-taek Campas an English Institute organized and existing under the laws of the Republic of Korea, having its campus at 3rd Floor, Gae-am Building, 569 Sae-gyo dong, Pyeong-taek City, Gyeonggi-do, Korea (hereinafter referred to as Jungchul Language School), and Ingrid P*****, a New Zealand citizen residing at ** ***** ***** (hereinafter referred to as the Instructor).

1 Position and Duties
The Instructor is employed as an English instructor to perform the duties set out in the Job Description stated hereafter. These duties maybe modified and updated by Jungchul Language School following agreement with the Instructor. In addition, the Instructor agrees to perform other reasonable duties and comply with instructions issued by JLS.

2 Job Description
2.1 The Instructor shall engage in teaching the English language according to prescribed methodologies and textbooks specified by JLS. Any supplementary materials shall be used in consultation with JLS. The Instructor shall teach all students of JLS. This shall be done conscientiously and to the best of the Instructor�s ability and knowledge.
2.2 The Instructor shall teach off-campus classes when requested by JLS, in addition, perform other work-related tasks, including but not limited to, interviewing applicants, editing and voice recording.
2.3 The Instructor shall conduct oneself in manners that will improve the image of JLS and participate in all JLS meetings and events.
2.5 The Instructor shall produce written forms of student evaluation upon JLS request, and assist and substitute other instructors to the best of one�s abilities.

3 Term
This Agreement shall remain in effect for one (1) year beginning on the������. , 2006 to , 2007. Renewal or extension of initial term shall be determined by mutual agreement between JLS and the Instructor.

4 Payment: Salary
4.1 Salary shall mean the monthly payment the Instructor receives. The Instructor�s salary shall be KRW 2,000,000 per month. Salary shall to be paid on the 15th of the following month. If the day of payment coincides with a weekend or a national holiday, the Instructor shall be paid on the following Monday or the following workday.
4.2 Overtime compensation shall mean additional payment for working additional hours outside the normal hours (see below ) set down in this contract. Payable at 18,000 KRW per hour and payable on the 15th of each month.

5 Work Hours
5.1 Actual teaching hours Actual teaching hours shall mean work hours calculated in minutes then converted into hours. (e.g. 50-minute class is equivalent to 0.84 hour and 90-minute class is equivalent to 1.5 hours). The number of regular teaching hours will be 30 hours per week. ( class preparation time is not included) Class will be held from Monday to Friday
One can expect to be at the school for 8 hours a day.
5.2 Change of work hours The Instructor shall accept and follow any reasonable changes in teaching schedules as requested by JLS . JLS shall act reasonably and take into account the Instructor's personal circumstance and commitment.

6 Sick Leave
The Instructor is entitled to a total of three days sick leave per year without deduction from one�s salary. When the Instructor is unable to report to work, one shall notify JLS .

7 Holidays and Emergency Leave
7.1 10 days paid vacation ( 5 days summer and 5 days winter) Public holidays yearly are 14 days.
7.2 Up to 3 days of paid emergency leave in a year in the event of a death or serious illness of an immediate family member. The emergency leave will be granted or extended after a meeting with the director. The employee will bear the cost of the transportation.

8 Termination of Employment
8.1 General Clause JLS may terminate this Agreement for cause, by providing a written notice eight (Cool weeks in advance. Likewise, the Instructor is required to submit a letter of resignation eight (Cool weeks in advance. JLS may pay remuneration at its discretion, in lieu of some or all of this period of notice.
JLS shall inform the Korean Ministry of Justice upon termination of Agreement and the Instructor�s E-2 visa will automatically terminate.
8.2 Termination for Serious Misconduct Notwithstanding any other provision in this Agreement, JLS may terminate the Agreement summarily and without notice for serious misconduct on the part of the Instructor. Serious misconduct includes, but is not limited to the following:
(i) Actions damaging JLS public reputation.
(ii) Repeated failure to follow or correct reasonable instruction
(iii) Any other form of employment outside of JLS, including private tutoring
(iv) Deliberate destruction of any property belonging to JLS
(v) Harassment of a colleague or student
(vi) Dishonesty, theft, drug abuse.
8.3 Abandonment of Employment In the event the Instructor is absent from work for three consecutive workdays without notification to JLS, and JLS has made reasonable efforts to contact the Instructor, this Agreement shall automatically terminate on the expiry of the third day without the need for notice of termination of employment.
8.4 Employee's Obligations following Termination Upon termination of the Agreement for whatever cause, or at any other time if so requested by JLS, the Instructor shall immediately return to JLS all material or property either belonging to or the responsibility of JSL.

9 Severance and others
9.1 Severance Upon completion of Agreement, JLS shall pay the Instructor a sum of KRW 2,000,000 as severance pay to the Instructor payable on the last day of teaching.
9.2 If the agreement is prematurely terminated due to the Instructor�s failure to adhere to the Agreement, or in the case the Instructor chooses to terminate the Agreement prematurely for whatever reasons, the return ticket and severance shall not be paid..
9.3 Airfare JLS shall pay a round trip to Korea for the employee and keep the return ticket until completion of this agreement.

10 Tax
10.1 Income taxes and all other withholding taxes imposed by Korean Government in connection with the Instructor�s payment pursuant to the Agreement shall be borne by the Instructor. JLS shall pay such taxes on behalf of the Instructor and deduct the sum from the following month�s salary. ( 5% withholding Tax )
10.2 Any taxes owed to any foreign government are the sole responsibility of the Instructor. JLS shall not be responsible for such taxes.

11 National Health Insurance
11.1 National Health Insurance Act requires all foreigners to have health insurance provided by NHIC (National Health Insurance Corporation). The Instructor and JLS shall follow all instructions and requests made by NHIC.
10.2 Employer agrees to pay 50% towards the cost with the further 50% from the employee and shall be deducted from the Instructor�s salary each month .
10.3 National Health Insurance will cover 50 to 80 percent of the Instructors medical expenses. All other medical expenses not covered by or insured by NHIC shall be the Instructor�s responsibility.


12 Housing
12.1 JLS shall provide the Instructor with fully furnished apartment paid for by JLS. The apartment shall be equipped with the following:
Home appliance (gas stove, refrigerator, microwave oven, air conditioner, TV, VCR, telephone, toaster, and washing machine); furniture (table, chair, single bed); bedding and kitchenware(dish pots,pans)
12.2 Utility fee The Instructor shall pay a monthly utility fee, which includes electricity, water, gas and TV subscription. The utility fee shall be deducted from the Instructor�s salary each month and may vary according to season.
12.3 Telephone and Internet Connection telephone line shall be provided by JLS and telephone bills shall be deducted from the Instructor�s salary. Internet connection shall be provided upon request and its subscription and installation costs shall be deducted from the Instructors salary. Approximately KRW 22,000 per month.
12.4 Housing Deposit A sum of KRW 100,000 shall be deducted each month for the first three months from the Instructor�s salary as security deposit for the apartment. This deposit shall be returned upon completion of this Agreement on conditions that no damage has been made to the apartment or the furniture.
12.5 Any damage or problems related to housing or furnishing not caused by the Instructor shall be the fixed and paid for by JLS


13 Dress Code
The basic guideline for appropriate dress is clothing that is neat, clean and modest. The Instructor is advised to dress in formal or semi-formal suits or dresses and should dress in appropriate attire suitable to address students. Following are items not acceptable for the Instructor. Flip-flops, shower shoes, moccasins. Baggy jeans, cargo pants, or excessively low-rise pants. Clothing that allows undergarments or midriff to be seen. Spaghetti straps, halters, tube tops, tank tops, tee shirts, low neckline dresses. Any excessively oversized clothing. Sweatshirts and exercise clothing. Caps, hats, sunglasses and piercing.

14 Miscellaneous
14.1 The Instructor shall follow Instructor Orientation Program (hereinafter referred to as Orientation). Orientation shall begin upon the Instructor�s first day teaching at the school..
14.2 The Instructor shall be paid during this period.
14.3 Temporary accommodation shall be provided and paid for by JLS if housing is not ready upon the Instructor�s arrival.
14.4 JLS shall assist when dealing with Korean Immigration Office. The Instructor shall obtain an Alien Registration Card as required by Korean law. The Instructor may get a re-entry visa to Korea if one wishes to travel to other countries during the term of this Agreement.

15 Entire Agreement
Each party acknowledges that this Agreement contains the whole and entire agreement between the parties as to the subject matter of this Agreement. Each party can negotiate additional matters if necessary.
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poet13



Joined: 22 Jan 2006
Location: Just over there....throwing lemons.

PostPosted: Thu May 25, 2006 3:22 am    Post subject: Reply with quote

OK, I'll have a shot at this.... Yeah yeah, I'm pretty new here, but I think i've read enough to make a few worthwhile points...

AGREEMENT

This Agreement is made and entered into as of , between , Jungchul Language School Pyeong-taek Campas an English Institute organized and existing under the laws of the Republic of Korea, having its campus at 3rd Floor, Gae-am Building, 569 Sae-gyo dong, Pyeong-taek City, Gyeonggi-do, Korea (hereinafter referred to as Jungchul Language School), and Ingrid P*****, a New Zealand citizen residing at ** ***** ***** (hereinafter referred to as the Instructor).

1 Position and Duties
The Instructor is employed as an English instructor to perform the duties set out in the Job Description stated hereafter. These duties maybe modified and updated by Jungchul Language School following agreement with the Instructor. In addition, the Instructor agrees to perform other reasonable duties --(REASONABLE BY WHOSE STANDARDS?)-- and comply with instructions issued by JLS.

2 Job Description
2.1 The Instructor shall engage in teaching the English language according to prescribed methodologies and textbooks specified by JLS. Any supplementary materials shall be used in consultation with JLS. The Instructor shall teach all students of JLS. This shall be done conscientiously and to the best of the Instructor�s ability and knowledge.
2.2 The Instructor shall teach off-campus classes when requested by JLS ---(AS LONG AS YOUR ARC - ALIEN REGISTRATION CARD HAS THE PROPER ENDORSEMENT, OTHERWISE ILLEGAL)---, in addition, perform other work-related tasks, including but not limited to, interviewing applicants, editing and voice recording. ---(DO YOU GET PAID FOR THIS, OR ONLY FOR CONTACT HOURS?)---
2.3 The Instructor shall conduct oneself in manners that will improve the image of JLS and participate in all JLS meetings and events. --(ALL MEETINGS AND EVENTS? A BLANKET STATEMENT LIKE THAT SUGGESTS TO ME THAT THEY ALSO WANT YOU AS A SALESPERSON AND COULD BE NIGHTMARE..---
2.5 The Instructor shall produce written forms of student evaluation upon JLS request, and assist and substitute other instructors to the best of one�s abilities. ---STUDENT EVALS ARE PART OF THE JOB, OK... SUBSTITUTE OK AS LONG AS YOU'RE PAID AND NOT CONSIDERED "OTHER WORK RELATED TASKS"---

3 Term
This Agreement shall remain in effect for one (1) year beginning on the������. , 2006 to , ---INSERT MONTH AND DAY HERE 2007 (EX; JUNE 5 2006 - JUNE 4 2007)---. Renewal or extension of initial term shall be determined by mutual agreement between JLS and the Instructor.

4 Payment: Salary
4.1 Salary shall mean the monthly payment the Instructor receives. The Instructor�s salary shall be KRW 2,000,000 per month. Salary shall to be paid on the 15th of the following month. If the day of payment coincides with a weekend or a national holiday, the Instructor shall be paid on the following Monday or the following workday. ---IF YOU START AT THE BEGINNING OF THE MONTH, YOU SHOULD BE PAID WITHIN 5 WORKING DAYS OF THE BEGINNING OF THE NEXT MONTH....---
4.2 Overtime compensation shall mean additional payment for working additional hours outside the normal hours (see below ) set down in this contract. Payable at 18,000 KRW per hour and payable on the 15th of each month. 18,000 IS LOW. ---LOOK FOR 1.5X REGULAR HOURLY SALARY. (HOURS DIVIDED BY SALARY)---

5 Work Hours
5.1 Actual teaching hours Actual teaching hours shall mean work hours calculated in minutes then converted into hours. (e.g. 50-minute class is equivalent to 0.84 hour and 90-minute class is equivalent to 1.5 hours). ---OK, CHEESY TO TRIM THE TEN MINUTES, BUT WHATEVER.--- The number of regular teaching hours will be 30 hours per week. ( class preparation time is not included) Class will be held from Monday to Friday ---THIS DOESNT WORK IN YOUR FAVOR. A MONTH IS 4 WORK WEEKS PLUS TWO OR THREE DAYS. HOURS SHOULD BE STIPULATED AS 120 PER MONTH. OTHERWISE YOU WORK THE TWO OR THREE DAYS FOR FREE.---

One can expect to be at the school for 8 hours a day.
5.2 Change of work hours The Instructor shall accept and follow any reasonable changes in teaching schedules as requested by JLS . JLS shall act reasonably and take into account the Instructor's personal circumstance and commitment. ---OK, AS LONG AS IT REALLY IS REASONABLE.---

6 Sick Leave
The Instructor is entitled to a total of three days sick leave per year without deduction from one�s salary. When the Instructor is unable to report to work, one shall notify JLS . OK

7 Holidays and Emergency Leave
7.1 10 days paid vacation ( 5 days summer and 5 days winter) Public holidays yearly are 14 days.
7.2 Up to 3 days of paid emergency leave in a year in the event of a death or serious illness of an immediate family member. The emergency leave will be granted or extended after a meeting with the director. ---THATS FAIR---. The employee will bear the cost of the transportation.

8 Termination of Employment
8.1 General Clause JLS may terminate this Agreement for cause, by providing a written notice eight ( weeks in advance. Likewise, the Instructor is required to submit a letter of resignation eight ( weeks in advance. JLS may pay remuneration at its discretion, in lieu of some or all of this period of notice.--- 4 WEEKS, 4 WEEKS, 4 WEEKS, 4WEEKS, 4 WEEKS---
JLS shall inform the Korean Ministry of Justice upon termination of Agreement and the Instructor�s E-2 visa will automatically terminate. ---MAYBE ASK FOR A LOR - LETTER OF RELEASE---
8.2 Termination for Serious Misconduct Notwithstanding any other provision in this Agreement, JLS may terminate the Agreement summarily and without notice for serious misconduct on the part of the Instructor. Serious misconduct includes, but is not limited to the following:
(i) Actions damaging JLS public reputation. ---THATS A VERY BROAD STATEMENT, SUBJECT ONLY TO THEIR INTERPRETATION...---
(ii) Repeated failure to follow or correct reasonable instruction OK
(iii) Any other form of employment outside of JLS, including private tutoring ---OF COURSE---
(iv) Deliberate destruction of any property belonging to JLS ---DUH
(v) Harassment of a colleague or student ---MORE DUH
(vi) Dishonesty, theft, drug abuse. ---ONE MORE DUH FOR GOOD MEASURE
8.3 Abandonment of Employment In the event the Instructor is absent from work for three consecutive workdays without notification to JLS, and JLS has made reasonable efforts to contact the Instructor, this Agreement shall automatically terminate on the expiry of the third day without the need for notice of termination of employment. ---OK OK, ONE MORE DUH
8.4 Employee's Obligations following Termination Upon termination of the Agreement for whatever cause, or at any other time if so requested by JLS, the Instructor shall immediately return to JLS all material or property either belonging to or the responsibility of JSL. ---FAIR ENOUGH

9 Severance and others
9.1 Severance Upon completion of Agreement, JLS shall pay the Instructor a sum of KRW 2,000,000 as severance pay to the Instructor payable on the last day of teaching. ---FINAL MONTHS SALARY IS ALSO PAYABLE ON THE LAST DAY OF TEACHING---
9.2 If the agreement is prematurely terminated due to the Instructor�s failure to adhere to the Agreement, or in the case the Instructor chooses to terminate the Agreement prematurely for whatever reasons, the return ticket and severance shall not be paid..
9.3 Airfare JLS shall pay a round trip to Korea for the employee and keep the return ticket until completion of this agreement. ---DONT KNOW ABOUT THAT, COULD BE SKETCHY IF THEY DECIDE NOT TO PROVIDE IT---

10 Tax
10.1 Income taxes and all other withholding taxes imposed by Korean Government in connection with the Instructor�s payment pursuant to the Agreement shall be borne by the Instructor. JLS shall pay such taxes on behalf of the Instructor and deduct the sum from the following month�s salary. ( 5% withholding Tax ) ---NO NO NO. SEE KOREAN TAX TABLE FOR CORRECT SUM. ON 2.0 (ME) ITS A LITTLE LESS THE 29000 WON PER MONTH, NOT 100,000 OR 5%.---
10.2 Any taxes owed to any foreign government are the sole responsibility of the Instructor. JLS shall not be responsible for such taxes.

11 National Health Insurance
11.1 National Health Insurance Act requires all foreigners to have health insurance provided by NHIC (National Health Insurance Corporation). The Instructor and JLS shall follow all instructions and requests made by NHIC.
10.2 Employer agrees to pay 50% towards the cost with the further 50% from the employee and shall be deducted from the Instructor�s salary each month . ---2.24% BY YOU, 2.24% BY EMPLOYER---
10.3 National Health Insurance will cover 50 to 80 percent of the Instructors medical expenses. All other medical expenses not covered by or insured by NHIC shall be the Instructor�s responsibility. DONT KNOW, I DONT HAVE IT.
THERE IS NO MENTION OF NATIONAL PENSION HERE. REQUIRED.

12 Housing
12.1 JLS shall provide the Instructor with fully furnished apartment paid for by JLS. The apartment shall be equipped with the following:
Home appliance (gas stove, refrigerator, microwave oven, air conditioner, TV, VCR, telephone, toaster, and washing machine); furniture (table, chair, single bed); bedding and kitchenware(dish pots,pans)
12.2 Utility fee The Instructor shall pay a monthly utility fee, which includes electricity, water, gas and TV subscription. The utility fee shall be deducted from the Instructor�s salary each month and may vary according to season. ---VARY? HOW MUCH? GAS IN THE WINTER CAN COST A FORTUNE AND ELECTRICITY FOR AIRCON IN THE SUMMER CAN GET EXPENSIVE TOO. SEE IF THEY WILL PROVIDE HISTORICAL RECORDS OF UTILITY FEES FOR THAT APT...---
12.3 Telephone and Internet Connection telephone line shall be provided by JLS and telephone bills shall be deducted from the Instructor�s salary. Internet connection shall be provided upon request and its subscription and installation costs shall be deducted from the Instructors salary. Approximately KRW 22,000 per month. ---ONLY IF YOU ASK FOR THEM. IF YOU DONT HAVE A COMPUTER, THERES NO POINT IN PAYING FOR A CONNECTION. ---
12.4 Housing Deposit A sum of KRW 100,000 shall be deducted each month for the first three months from the Instructor�s salary as security deposit for the apartment. This deposit shall be returned upon completion of this Agreement on conditions that no damage has been made to the apartment or the furniture. ---NO WAY.---
12.5 Any damage or problems related to housing or furnishing not caused by the Instructor shall be the fixed and paid for by JLS ---WHEN YOU GET INTO THE PLACE, WALKTHROUGH WITH THE EMPLOYER, AND MAKE A NOTE OF ALL DAMAGE. THEN TAKE PICTURES.---


13 Dress Code
The basic guideline for appropriate dress is clothing that is neat, clean and modest. The Instructor is advised to dress in formal or semi-formal suits or dresses and should dress in appropriate attire suitable to address students. Following are items not acceptable for the Instructor. Flip-flops, shower shoes, moccasins. Baggy jeans, cargo pants, or excessively low-rise pants. Clothing that allows undergarments or midriff to be seen. Spaghetti straps, halters, tube tops, tank tops, tee shirts, low neckline dresses. Any excessively oversized clothing. Sweatshirts and exercise clothing. Caps, hats, sunglasses and piercing.
---DOESNT SEMI FORMAL MEAN WEARING A TIE? YUCK. OH WELL. NO PIERCINGS? OK, NOSE BAR AND A ROW OF LIP HOOPS I CAN UNDERSTAND, BUT NO EARRING(S)? SOUNDS EXCESSIVE.---
14 Miscellaneous
14.1 The Instructor shall follow Instructor Orientation Program (hereinafter referred to as Orientation). Orientation shall begin upon the Instructor�s first day teaching at the school..
14.2 The Instructor shall be paid during this period. ---HOW LONG IS ORIENTATION, AND ARE YOU PAID FULL WAGES, NOT HALF WAGES, OR CRAP LIKE THAT?---

14.3 Temporary accommodation shall be provided and paid for by JLS if housing is not ready upon the Instructor�s arrival. ---UH OH. THAT WOULD WORRY ME. ---
14.4 JLS shall assist when dealing with Korean Immigration Office. The Instructor shall obtain an Alien Registration Card as required by Korean law. The Instructor may get a re-entry visa to Korea if one wishes to travel to other countries during the term of this Agreement.

15 Entire Agreement
Each party acknowledges that this Agreement contains the whole and entire agreement between the parties as to the subject matter of this Agreement. Each party can negotiate additional matters if necessary.



I hope that helps....good luck.


Last edited by poet13 on Thu May 25, 2006 3:29 am; edited 1 time in total
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu May 25, 2006 3:29 am    Post subject: Re: contract dilemmas - please help! Reply with quote

potin14p wrote:
I know this is a common request, and I know that minimum contract standards have been posted, so as to help newbies like myself. however, I'm a wee bit puzzled..... the contract seems to meet these standards, but an acquaintance read it and said it was "a terrible contract", and that i should walk away from the recruiter immediately. Who do I believe?


This is slightly off topic here... but wasn't Jungchul Language School on the blacklists? I know I have heard not nice things about it before... but not sure if it was this one or if it was a chain school.

IMHO you should (after you get your contract looked at here) ...

Check with the teachers <--PLURAL) there and ask SPECIFIC questions about pay, overtime (creative book-keeping to avoid paying it), working hours, classes and class structure holidays (when, how - do they allow block holidays)), weekend work and housing.

Your teaching hour calculation 60 contact minutes = 1 hour is just plain bad and means that you will be teaching 140-160 classes per month for the same salary as someone who teaches 120 classes per month.

I notice that in clause 4 they delay your pay for 15 days AFTER your month is finished and if that is on a weekend, then you wait for Monday. That makes me think that they have had problems with runners before and is a definate RED FLAG to me.

I wouldn't sign it....

Lots of other crap clauses in there as well that wave red flags in my face.... maybe GROTTO will pull it apart for you... but I would walk VERY QUICKLY away from that one.
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Peter Jackson



Joined: 23 Apr 2006

PostPosted: Thu May 25, 2006 3:38 am    Post subject: It sucks Reply with quote

Especially how they calculate the hours...0.84 hours?? Huh?

Walk away...120 classes (at 50 minutes each) is plenty..
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Grotto



Joined: 21 Mar 2004

PostPosted: Thu May 25, 2006 6:39 am    Post subject: Reply with quote

The contract offers:
* 2million won per month (which is ok for newbies, isnt it?)
* overtime is 18,000 per hour. should be 20,000 minimum
* actual teaching hours: 30 per week, and classes are Monday to Friday.

You really want a set schedule here....2-8, 3-9 whatever!

* 3 days sick leave, ten days paid holidays (5 winter 5 summer), and 14 public holidays, and up to 3 days emergency leave.
* severance pay of krw 2million.
* the contract mentions a housing security payment that gets deducted from my first 3 paychecks, and then gets payed back at the end of the contract - is this standard?

Just say no to deposits...they are illegal!


I don't know how to attach docs, so I'm just going to paste the whole thing below. I would be very grateful for any suggestions/warnings. Thanks!

AGREEMENT

This Agreement is made and entered into as of , between , Jungchul Language School Pyeong-taek Campas an English Institute organized and existing under the laws of the Republic of Korea, having its campus at 3rd Floor, Gae-am Building, 569 Sae-gyo dong, Pyeong-taek City, Gyeonggi-do, Korea (hereinafter referred to as Jungchul Language School), and Ingrid P*****, a New Zealand citizen residing at ** ***** ***** (hereinafter referred to as the Instructor).

1 Position and Duties
The Instructor is employed as an English instructor to perform the duties set out in the Job Description stated hereafter. These duties maybe modified and updated by Jungchul Language School following agreement with the Instructor. In addition, the Instructor agrees to perform other reasonable duties and comply with instructions issued by JLS.

A bit too general for my tastes....your duties should be set out in the job description clearly!

2 Job Description
2.1 The Instructor shall engage in teaching the English language according to prescribed methodologies and textbooks specified by JLS. Any supplementary materials shall be used in consultation with JLS. The Instructor shall teach all students of JLS. This shall be done conscientiously and to the best of the Instructor’s ability and knowledge.
2.2 The Instructor shall teach off-campus classes when requested by JLS, in addition, perform other work-related tasks, including but not limited to, interviewing applicants, editing and voice recording.

Off campus classes need permission from immigration for each and every location!......just say no to editing and voice recording...you are being hired to teach English! Dont let them stick such a generalized clause in a contract!

2.3 The Instructor shall conduct oneself in manners that will improve the image of JLS and participate in all JLS meetings and events.

Confused events? Just when are these events? They should be listed clearly in the contract!

2.5 The Instructor shall produce written forms of student evaluation upon JLS request, and assist and substitute other instructors to the best of one’s abilities.

Confused how often are these evaluations? Do you get paid to do them? Do you have time in that 30 hours a week that they are paying you for? If not..... Razz Exclamation


3 Term
This Agreement shall remain in effect for one (1) year beginning on the………………. , 2006 to , 2007. Renewal or extension of initial term shall be determined by mutual agreement between JLS and the Instructor.

4 Payment: Salary
4.1 Salary shall mean the monthly payment the Instructor receives. The Instructor’s salary shall be KRW 2,000,000 per month. Salary shall to be paid on the 15th of the following month.

Way too late! Salary should be paid by no later than the 5'th at the very latest! This is simply one method they use to keep people from doing a midnight run!

If the day of payment coincides with a weekend or a national holiday, the Instructor shall be paid on the following Monday or the following workday.

Unacceptable yet again...payday is payday and you are to be paid on or before payday.....late payment is a violation of your contract!

4.2 Overtime compensation shall mean additional payment for working additional hours outside the normal hours (see below ) set down in this contract. Payable at 18,000 KRW per hour and payable on the 15th of each month.

Overtime should be 20,000 won for each 50 minutes of overtime!

5 Work Hours
5.1 Actual teaching hours Actual teaching hours shall mean work hours calculated in minutes then converted into hours. (e.g. 50-minute class is equivalent to 0.84 hour and 90-minute class is equivalent to 1.5 hours). The number of regular teaching hours will be 30 hours per week. ( class preparation time is not included) Class will be held from Monday to Friday
One can expect to be at the school for 8 hours a day.

So they only count in class time towards your pay....yet they expect you to be there at least 8 hours a day....so much for the 30 hour workweek....its just jumped to 40 and climbing! UNPAID!!!!!

5.2 Change of work hours The Instructor shall accept and follow any reasonable changes in teaching schedules as requested by JLS . JLS shall act reasonably and take into account the Instructor's personal circumstance and commitment.

Nope! Your work hours need to be clearly listed...anything outside of those hours are overtime(or time off with pay)


6 Sick Leave
The Instructor is entitled to a total of three days sick leave per year without deduction from one’s salary. When the Instructor is unable to report to work, one shall notify JLS .

7 Holidays and Emergency Leave
7.1 10 days paid vacation ( 5 days summer and 5 days winter) Public holidays yearly are 14 days.
7.2 Up to 3 days of paid emergency leave in a year in the event of a death or serious illness of an immediate family member. The emergency leave will be granted or extended after a meeting with the director. The employee will bear the cost of the transportation.

8 Termination of Employment
8.1 General Clause JLS may terminate this Agreement for cause, by providing a written notice eight ( weeks in advance. Likewise, the Instructor is required to submit a letter of resignation eight ( weeks in advance. JLS may pay remuneration at its discretion, in lieu of some or all of this period of notice.

Change 'may pay' to will pay and delete 'at its discretion'


JLS shall inform the Korean Ministry of Justice upon termination of Agreement and the Instructor’s E-2 visa will automatically terminate.
8.2 Termination for Serious Misconduct Notwithstanding any other provision in this Agreement, JLS may terminate the Agreement summarily and without notice for serious misconduct on the part of the Instructor. Serious misconduct includes, but is not limited to the following:
(i) Actions damaging JLS public reputation.
(ii) Repeated failure to follow or correct reasonable instruction
(iii) Any other form of employment outside of JLS, including private tutoring
(iv) Deliberate destruction of any property belonging to JLS
(v) Harassment of a colleague or student
(vi) Dishonesty, theft, drug abuse.
8.3 Abandonment of Employment In the event the Instructor is absent from work for three consecutive workdays without notification to JLS, and JLS has made reasonable efforts to contact the Instructor, this Agreement shall automatically terminate on the expiry of the third day without the need for notice of termination of employment.

Not sure about the legalities of this clause....doubtful that its legal(extenuating circumstances could apply)

8.4 Employee's Obligations following Termination Upon termination of the Agreement for whatever cause, or at any other time if so requested by JLS, the Instructor shall immediately return to JLS all material or property either belonging to or the responsibility of JSL.

9 Severance and others
9.1 Severance Upon completion of Agreement, JLS shall pay the Instructor a sum of KRW 2,000,000 as severance pay to the Instructor payable on the last day of teaching.
9.2 If the agreement is prematurely terminated due to the Instructor’s failure to adhere to the Agreement, or in the case the Instructor chooses to terminate the Agreement prematurely for whatever reasons, the return ticket and severance shall not be paid..
9.3 Airfare JLS shall pay a round trip to Korea for the employee and keep the return ticket until completion of this agreement.

10 Tax
10.1 Income taxes and all other withholding taxes imposed by Korean Government in connection with the Instructor’s payment pursuant to the Agreement shall be borne by the Instructor. JLS shall pay such taxes on behalf of the Instructor and deduct the sum from the following month’s salary. ( 5% withholding Tax )

Monthly withholding tax on 2 mil is about 30,000 which is 1.5%!

10.2 Any taxes owed to any foreign government are the sole responsibility of the Instructor. JLS shall not be responsible for such taxes.

11 National Health Insurance
11.1 National Health Insurance Act requires all foreigners to have health insurance provided by NHIC (National Health Insurance Corporation). The Instructor and JLS shall follow all instructions and requests made by NHIC.
10.2 Employer agrees to pay 50% towards the cost with the further 50% from the employee and shall be deducted from the Instructor’s salary each month .

its 2.24% from each of you!

10.3 National Health Insurance will cover 50 to 80 percent of the Instructors medical expenses. All other medical expenses not covered by or insured by NHIC shall be the Instructor’s responsibility.


12 Housing
12.1 JLS shall provide the Instructor with fully furnished apartment paid for by JLS. The apartment shall be equipped with the following:
Home appliance (gas stove, refrigerator, microwave oven, air conditioner, TV, VCR, telephone, toaster, and washing machine); furniture (table, chair, single bed); bedding and kitchenware(dish pots,pans)

12.2 Utility fee The Instructor shall pay a monthly utility fee, which includes electricity, water, gas and TV subscription. The utility fee shall be deducted from the Instructor’s salary each month and may vary according to season.

Sketchy....some places do this and take way too much money from you....you should be able to see the bills and ensure that the appropriate amounts are being taken off!

12.3 Telephone and Internet Connection telephone line shall be provided by JLS and telephone bills shall be deducted from the Instructor’s salary. Internet connection shall be provided upon request and its subscription and installation costs shall be deducted from the Instructors salary. Approximately KRW 22,000 per month.
12.4 Housing Deposit A sum of KRW 100,000 shall be deducted each month for the first three months from the Instructor’s salary as security deposit for the apartment. This deposit shall be returned upon completion of this Agreement on conditions that no damage has been made to the apartment or the furniture.
12.5 Any damage or problems related to housing or furnishing not caused by the Instructor shall be the fixed and paid for by JLS


13 Dress Code
The basic guideline for appropriate dress is clothing that is neat, clean and modest. The Instructor is advised to dress in formal or semi-formal suits or dresses and should dress in appropriate attire suitable to address students. Following are items not acceptable for the Instructor. Flip-flops, shower shoes, moccasins. Baggy jeans, cargo pants, or excessively low-rise pants. Clothing that allows undergarments or midriff to be seen. Spaghetti straps, halters, tube tops, tank tops, tee shirts, low neckline dresses. Any excessively oversized clothing. Sweatshirts and exercise clothing. Caps, hats, sunglasses and piercing.

No peirced ears? Laughing


14 Miscellaneous
14.1 The Instructor shall follow Instructor Orientation Program (hereinafter referred to as Orientation). Orientation shall begin upon the Instructor’s first day teaching at the school..
14.2 The Instructor shall be paid during this period.
14.3 Temporary accommodation shall be provided and paid for by JLS if housing is not ready upon the Instructor’s arrival.
14.4 JLS shall assist when dealing with Korean Immigration Office. The Instructor shall obtain an Alien Registration Card as required by Korean law. The Instructor may get a re-entry visa to Korea if one wishes to travel to other countries during the term of this Agreement.

The teacher shall not be asked to work until they have their E2 visa in their passport!

15 Entire Agreement
Each party acknowledges that this Agreement contains the whole and entire agreement between the parties as to the subject matter of this Agreement. Each party can negotiate additional matters if necessary.

Not a great one thats for sure....hours need more clear definition! The 40 hours a week is unacceptable! Too many generalities! It is a good contract for the school but a crappy one for the teacher!
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potin14p



Joined: 04 May 2006

PostPosted: Fri May 26, 2006 2:58 am    Post subject: Reply with quote

*sigh* i was really hoping you guys would say it was a great contract.
Thanks for all the advice and suggestions, I would never have even thought of all the points you guys have brought up. Smile I wish that finding a job was easier!
Should I bother going back to the recruiter and ask for changes? i will certainly investigate the black-list claim, my heart sank when I read that.
Thanks again! Smile
(any further suggestions are most welcome)
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Fri May 26, 2006 3:08 am    Post subject: Reply with quote

I was going to rip this contract apart, but Mr. Grotto (kudos for watching out for the newbies sir) got to it first. Don't sign. It really is not a great (or even decent) contract. I'd keep on looking.
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potin14p



Joined: 04 May 2006

PostPosted: Fri May 26, 2006 11:03 pm    Post subject: Reply with quote

thanks again for all the advice. I emailed the recruiter, and suprise, suprise, within in hour i get a phonecall from him, trying to persuade me you guys must have an ulterior motive for saying those "totally rubbish" things about the contract. wtf? crazy man. he kept saying that he's seen many many contracts during his time, and they're all just like the one he offered me, and no-one else has ever complained or taken issue with them. oh well, I'd rather have peace-of-mind then take a contract like that one.
and so, my search for a job continues.....
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buymybook



Joined: 21 Feb 2005
Location: Telluride

PostPosted: Fri May 26, 2006 11:53 pm    Post subject: Reply with quote

I don't know if it's the same "jung chul" but check out the link below...

Especially at the bottom of page 1.

http://www.eslcafe.com/forums/korea/viewtopic.php?t=57705
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huffdaddy



Joined: 25 Nov 2005

PostPosted: Fri May 26, 2006 11:54 pm    Post subject: Reply with quote

A lot of contract evaluation is nit picking. But there are a few major things you should look out for. The definition of "hours worked" is one of them. If they count 50 minutes as only 50 minutes of teaching, you can end up with 7 classes a day, versus 6, if you count 50 minutes as 1 hour. Which either means 7 straight hours of teaching, or 8 hours with one break. Plus an hour for prep. That's a lot of teaching.

True, some schools say 50 minutes=50 minutes. Some do it, and brag that you'll be teaching less, when in fact you'll be teaching the same number of classes as someone on a 50 minutes=1 hour gig. Either way, 30 classes (if they're 50 minutes) is enough for the week. I've been at 29 for the last few weeks, and there's no way I could see doing up to 35.

I'd suggest that you find another recruiter who won't try to twist your arm, and brow beat you about being selective. Recruiters can be useful, but ultimately, it's your job, your life. Don't stick with one who you can't trust and is obviously only looking out for himself or herself.
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Trespasser



Joined: 25 Apr 2006

PostPosted: Fri May 26, 2006 11:57 pm    Post subject: Reply with quote

Best of luck on your job search. I hope you get a good offer soon. Smile
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