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Newbie contract: advice sought

 
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mongoliapunk



Joined: 04 Jun 2006
Location: USA

PostPosted: Thu Jun 08, 2006 7:44 pm    Post subject: Newbie contract: advice sought Reply with quote

Ⅰ.Period of Employment
The period of the employment shall be for the following days:
From JULY , 24th, 2006 To JULY . 23th, 2007

Ⅱ. Duties of Employment
The regular teaching hours shall be up to 30hours per week from Monday to Friday. And they are scheduled in accordance with the Academic schedule of the school; however, reasonable efforts shall be made to accommodate Employer�s requests.
During the period of this agreement, employee shall accept, follow and strictly comply with the instructions, supervision, training, and discipline of Employer. Employee�s duties shall include:
 English instructions in any and all phases of the school program.
 Administrative duties related to the employee�s classroom duties.
 Attendance at weekly staff meetings and monthly workshops, and other duties as may be assigned by the school.
Employee shall set a good positive example at all times. And he/she shall not dismiss, cancel classes, or start classes late without the previous approval of Employer.
Employee should be in good health and submit proof of his/her health condition check up before or upon arrival.

Ⅲ. Compensation
A. Pay: Employer agrees to pay Employee 2,100,000 won of the monthly salary and a severance payment in the amount of one-month salary in the following manner:
 Pay period begins on the first day and ends on the last day of each month, and the monthly salary is payable on the 17th of the month following each pay period. However, it last monthly salary is to be paid on the last day of the contract term.
 The rate for the each hour worked over 30hours a week is 18,000 per hour.
 Bonus/Severance Payment is one-month salary and Employee shall be given upon completion of the contract.
 Korean income tax will be deducted from the salary according to Korean tax law (current rate: around 4%)


B. Airfare
Employer agrees to provide Employee a round trip ticket to Korea. However, in the event that Employee fails to complete the full contract term, Employee shall reimburse Employer the cost of the said airfare.
C. Accommodation
Employer agrees to provide free housing-a private apartment house or a studio apartment to Employee, but Employee is responsible for the utilities.
D. Tardiness: If Employee is more than 10 minutes late for class without any previous notification. One hour of pay may be deducted. And this also may be a reason to dismiss Employee.

Ⅳ. Insurance
A medical and accident insurance plan from an insurance company or Korean government will be offered to Employee. Employer further agrees to pay 50% of the monthly premium. Employee is responsible for the other 50%, and Employee�s portion of the monthly premium is made through deduction from the salary. Dental and pre-existing conditions are not included.

Ⅴ. Holidays and leave
A. Holidays: Employee is not required to work on Korean holidays.
B. Annual leave
* Four-week paid vacation in February for employee who participates in summer and Winter Camp.
* Two-week paid vacation for Employee who doesn�t participate in summer and winter camp.
C. Unpaid leave: Unpaid leave is permitted only under extreme and unusual circumstance. Extreme and unusual circumstance includes, but not limited to, death or serious illness of self or immediate family members. Upon presentation of proper notice and proof to Employer, Employee may be granted up to three days of unpaid leave.
D. Sick leave: Employee is permitted up to six days of paid sick leave per year. Unused sick leave may mot be taken as annual leave. In order to be eligible for paid sick leave, he or she shall notify Employer with an accompanying proof of illness from a physician, at least half an hour prior to the commencement of class, when Employee is unable to attend class due to illness. If Employee fails to notify Employer with proper proof of illness, Employer has the right to deduct one day�s pay for each day that Employee is absent from work. And this may be a reason for Employer to dismiss Employee.


Ⅵ. Release from the contract
Employer has the right to make the contract null and void under one of the following circumstances:
A. When the health of Employee is such that it is deemed impossible for Employee to continue work
B. Blatant misconducts by Employee either professionally or otherwise
C. In the event that Employee or dependants violate Korean law
D. Frequent and un-excused absences, criminal, disgraceful, or unethical conducts
E. Employer or Employee may annual the contract by giving a minimum of one month advance notice in writing. In the case of Employer�s seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved

Ⅶ. Legal action
If there is a dispute between the parties involved in this contract, parties agree to the final judgment of a Korean civil court, or Korean civil law, whatever the final decision may be. Lf at anytime Employee leaves Institution without giving the prior notice or going through the appropriate procedures, Employer has the right to pursue legal actions, for the damages and attorney fees, against Employee. If Employee has already left Korea, Employer has the right to pursue legal actions outside Korea.


Savage as you will. i have a few questions.

One, should there be a clause in the contract by which I can leave the contract and owe only half of the airfare if I have been there longer than six months?

Two, based on the salary, is the tax amount correct?

Three, from what I've read here, i understand that the schools are to pay into the national health insurance for the teachers, with half of it paid by the school and half paid by the teacher. Is this correct?

When I had the interview, they told me the hours would be variable.

Thanks so much for any and all assistance/advice. appreciate it.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu Jun 08, 2006 8:49 pm    Post subject: Re: Newbie contract: advice sought Reply with quote

Please allow me to have a poke at this.

mongoliapunk wrote:
Ⅰ.Period of Employment
The period of the employment shall be for the following days:
From JULY , 24th, 2006 To JULY . 23th, 2007

Ⅱ. Duties of Employment
The regular teaching hours shall be up to 30hours per week from Monday to Friday.
How are teaching hours calculated? how many classes?
And they are scheduled in accordance with the Academic schedule of the school; however, reasonable efforts shall be made to accommodate Employer�s requests.
This allows for ugly splits and non-blocked time schedules - long days with lots of wasted and unpaid time

During the period of this agreement, employee shall accept, follow and strictly comply with the instructions, supervision, training, and discipline of Employer. Employee�s duties shall include:
 English instructions in any and all phases of the school program.
 Administrative duties related to the employee�s classroom duties.
 Attendance at weekly staff meetings and monthly workshops, and other duties as may be assigned by the school.
"other duties as may be assigned" means more unpaid overtime.
Employee shall set a good positive example at all times. And he/she shall not dismiss, cancel classes, or start classes late without the previous approval of Employer.
Employee should be in good health and submit proof of his/her health condition check up before or upon arrival.

Ⅲ. Compensation
A. Pay: Employer agrees to pay Employee 2,100,000 won of the monthly salary and a severance payment in the amount of one-month salary in the following manner:
 Pay period begins on the first day and ends on the last day of each month, and the monthly salary is payable on the 17th of the month following each pay period. However, it last monthly salary is to be paid on the last day of the contract term.
17 day delay in pay? WHY? previous problems with runners? RED FLAG HERE.
 The rate for the each hour worked over 30hours a week is 18,000 per hour. Overtime should be 20,000 won per 40 minute class (25k for 50 minute)
 Bonus/Severance Payment is one-month salary and Employee shall be given upon completion of the contract.
 Korean income tax will be deducted from the salary according to Korean tax law (current rate: around 4%)
Too high


B. Airfare
Employer agrees to provide Employee a round trip ticket to Korea. However, in the event that Employee fails to complete the full contract term, Employee shall reimburse Employer the cost of the said airfare.
There should be NO reimbursement after 6 months.
C. Accommodation
Employer agrees to provide free housing-a private apartment house or a studio apartment to Employee, but Employee is responsible for the utilities.
D. Tardiness: If Employee is more than 10 minutes late for class without any previous notification. One hour of pay may be deducted. And this also may be a reason to dismiss Employee.
Just say No to any penalty clauses. They are ILLEGAL unless you agree in writing first.

Ⅳ. Insurance
A medical and accident insurance plan from an insurance company or Korean government will be offered to Employee. Employer further agrees to pay 50% of the monthly premium. Employee is responsible for the other 50%, and Employee�s portion of the monthly premium is made through deduction from the salary. Dental and pre-existing conditions are not included.
Illegal. As of Jan 2006 you are required to be enrolled in the NATIONAL medical plan ( http://www.nhic.or.kr/wbe/nation/nation033.html ) and the national pension plan as well.



Ⅴ. Holidays and leave
A. Holidays: Employee is not required to work on Korean holidays.
B. Annual leave
* Four-week paid vacation in February for employee who participates in summer and Winter Camp.
* Two-week paid vacation for Employee who doesn�t participate in summer and winter camp.
C. Unpaid leave: Unpaid leave is permitted only under extreme and unusual circumstance. Extreme and unusual circumstance includes, but not limited to, death or serious illness of self or immediate family members. Upon presentation of proper notice and proof to Employer, Employee may be granted up to three days of unpaid leave.
D. Sick leave: Employee is permitted up to six days of paid sick leave per year. Unused sick leave may mot be taken as annual leave. In order to be eligible for paid sick leave, he or she shall notify Employer with an accompanying proof of illness from a physician, at least half an hour prior to the commencement of class, when Employee is unable to attend class due to illness. If Employee fails to notify Employer with proper proof of illness, Employer has the right to deduct one day�s pay for each day that Employee is absent from work. And this may be a reason for Employer to dismiss Employee.


Ⅵ. Release from the contract
Employer has the right to make the contract null and void under one of the following circumstances:
A. When the health of Employee is such that it is deemed impossible for Employee to continue work
B. Blatant misconducts by Employee either professionally or otherwise
C. In the event that Employee or dependants violate Korean law
D. Frequent and un-excused absences, criminal, disgraceful, or unethical conducts
E. Employer or Employee may annual the contract by giving a minimum of one month advance notice in writing. In the case of Employer�s seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved

Ⅶ. Legal action
If there is a dispute between the parties involved in this contract, parties agree to the final judgment of a Korean civil court, or Korean civil law, whatever the final decision may be. Lf at anytime Employee leaves Institution without giving the prior notice or going through the appropriate procedures, Employer has the right to pursue legal actions, for the damages and attorney fees, against Employee. If Employee has already left Korea, Employer has the right to pursue legal actions outside Korea.


Savage as you will. i have a few questions.

One, should there be a clause in the contract by which I can leave the contract and owe only half of the airfare if I have been there longer than six months?
See the comment above in the airfare section
Two, based on the salary, is the tax amount correct?
NO, the tax rate is NOT correct.

Three, from what I've read here, i understand that the schools are to pay into the national health insurance for the teachers, with half of it paid by the school and half paid by the teacher. Is this correct?
You are correct and the contract points about this are incorrect and illegal.

When I had the interview, they told me the hours would be variable.
You like split shifts?

Thanks so much for any and all assistance/advice. appreciate it.


There are enough red flags there that I would be concerned about this particular school.
On the face of the contract and your questions I wouldn't sign it. HOWEVER....

Check with the current teachers about conditions at that particular academy. Talk to MORE THAN ONE teacher. Get their e-mails so you can talk to them when the boss isn't looking over their shoulder.

ASK specific questions about NHIC medical, pension, OVERTIME and creative book-keeping to avoid paying overtime. Many hakwons with clauses like the medical/pension clause in your contract USUALLY (heresay from teachers I knew with similar contracts) never paid any of these.
Ask about the number of classes per day, per week and per month. 120 hours can mean up to 160 classes if they have 40 minute classes and count 60 contact minutes as 1 teaching hour.
Ask about class time length and calculation of teaching hours.
ASK about required time in the school (unpaid management/prep time).
ASK about housing - size and condition. Don't accept shared housing.

If you don't ask, then be prepared for a long and ugly year.


.
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mongoliapunk



Joined: 04 Jun 2006
Location: USA

PostPosted: Thu Jun 08, 2006 9:23 pm    Post subject: thanks Reply with quote

thanks for looking it over. i was concerned about some of the stuff you mentioned and hadn't realized i should be thinking about. i've sent an email asking for teacher emails and a little clarification. thanks again.
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