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PolishZeus
Joined: 12 Jun 2006
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Posted: Mon Jun 19, 2006 7:24 pm Post subject: Contract Review |
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Hello all!
I have been following most of these threads the past month and I noticed that some folks have been posting their contracts to get some feedback. On a side note, I want to let you know how good that made me feel to know that there are people going out of their way to help others out.
But back to the current topic, I (and my girlfriend) have been offered a job by someone named Jackie at Cambridge Language School. The employers name is actually Daniel Park if anyone has ever heard or worked for him.
Here is the contract he sent me:
1. EMPLOYMENT OF EMPLOYEE
a. The Employer hereby employs the Employee to teach the English Language in the form and manner directed by the Employer and under the terms and conditions set forth here in this agreement.
b. Cambridge Language School shall employ the Employee as an Instructor of English to work in Cambridge Language School in the Republic of Korea. The Employee shall accept Cambridge Language School's decision as to the location of work in the Republic of Korea (hereinafter referred to as the "place of Employment").
2. PERIOD OF EMPLOYMENT
a. The total agreement term is one year, from / / 2006
Month day year
to / / 2006
Month day year
for a period of 365 days.
b. If the Employee is not able to complete the full contract period, the
Employee should give at least two months prior notice to the school.
3. CONDITION OF EMPLOYMENT
The instructor's work shall consist primarily of the following:
a. English Language instruction in any and all phases of the institute's program to classes that range from the Pre School to High School Level.
b. Attendance at level meetings, workshop and out of classroom activities with teachers (Sports Day, Hiking, Having big dinner�).
c. Graduating, evaluating and counseling of students.
d. Program promotion
4. DUTIES OF EMPLOYEE
a. The Employee shall observe the Employer's work system and regulations concerning administration of foreign experts and shall accept Employer's arrangement, direction, supervision and evaluation in regard to his/her work.
b. Without the Employer's consent, the Employee shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with the Employer.
c. The Employee shall complete the task agreed on schedule and guarantee the quality of work.
d. Professional dress and grooming in the work are essential to maintain the desired reputation to the institute. The Employee shall establish general guidelines for this.
e. The Employee shall be expected to prepare daily topics for the class beforehand.
f. The Employee can be required to attend all the staffs' meeting. If The Employee must be absent, he/she shall inform the Employer prior to the meeting.
g. The Employee must behave in professional manner during class or when socializing with students after class.
h. The Employee can be required to interview new students and evaluate their placement level.
i. The Employee shall not be absent without the Employer's permission 2 days in advance notice.
j. If the Employee is more than 10 minutes late or leave the class earlier without notification, one hour rate of payment may be deducted.
k. The Employee shall attend promotional activity for some of marketing plan of institute.
l. The Employee shall respect the Korean people's moral standards and customs.
m. The Employee shall not make sexually harass the students in his/her charge.
n. During the term of this agreement, the Academic Supervisor can ask the Employee to discuss and comply with the instructions, supervisors, training, and discipline of the Academic Supervisor. These duties shall include instruction in any and all phrases of the instructional program, administrative duties related to the Employee's classroom duties, attendance at the scheduled staff meetings and workshops, and any other duties as may be assigned by the Academic Supervisor. Also the Employee has to participate in outside events for the school. These days are not considered as paydays.
o. The Academic Supervisor is responsible for establishing and communicating the Standards of Performance and is responsible for taking all reasonable steps necessary to assure that those standards are met.
p. The Academic Supervisor shall also have the power and authority to assign the Employee some non- teaching duties related in students' education.
q. At all times during this term of Agreement the Employee shall directly adhere to and obey all the rules and regulations that have been established for the conduct of instructors at the Place of Employment. Also, the Employee shall strictly adhere to and obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local Government or officials thereof.
5. WORKING HOURS
The number of regular teaching hours will be 30 hours per week / 120 hours per month.(N.B; This is actual teaching hours and class preparation time and break time are not included).
a. Class will be held from Monday to Friday. And the Employee's working hours will be from 2:00pm to 8:00pm (Working hours could be changed in summer and winter intensive course - approximately one month each- in Cambridge Language School ).
b. The Employee's Initial: Occasionally if asked by the Academic Supervisor, the Employee agrees to take some training to make the class better.
c. Classes and teaching will be scheduled in accordance with the needs of the Employer.
6. SALARY
a. The Employee's monthly salary will be guaranteed ₩2,000,000 (Korean currency), which can be converted into foreign currency monthly.
b. Pay period begins on the first working day and ends on the last day of each month.
c. If the Employee's first or(and) last working month is(are) not a full teaching month(s), the salary will be calculated by the formula below,
(The Employee's Full Salary/30 days)� (The Employee's actual # of working days of that month)
d. For every hour worked over 120 hours per month, the Employee will receive overtime payment and Overtime rate for each hour will be ₩30,000
e. On completion of 1 year contract, the Employee will receive the amount of one-month salary as a severance pay.
g. The Employee will receive payment on the 1st of each month. In the case the Employee miss any scheduled teaching day, the salary will be calculated by an hour amount of payment with total working hours of the session.
7. DEDUCTIONS / TAXES
a. South Korean income taxes will be withheld automatically from Employee�s monthly salary. Income tax on the monthly salary runs at about 3.3%(depends on the rule of national tax service).
b. The Employee will be required to file an annual tax return each taxable year employed at Cambridge Language School with the local tax office.
c. Any taxes owed to any foreign government are the responsibility of the Employee. The Employer does not involve itself in foreign tax law.
d. The Employee is required by law to participate in the Korean pension plan. 4.5% will be deducted from the instructor's salary and put into the pension plan. The Employer will contribute 4.5% to the fund, for a total of 9%. This amount of money (9%) will be returned to the Employee when the Employee's contract is finished and he/she leaves Korea. (It depends upon the official agreement between Korea and the Employee's Country.)
8. VACATION AND HOLIDAYS
a. The instructor shall be entitled to 10 vacation days annual leave per contract.
b. The instructor can have three days unpaid sick leave with a medical certificate per year.
c. Those Public Holidays can be switched with regular working days according to the school's situations.
9. HOUSING
a. The Employer will select and provide furnished living accommodations for the Employee.
The accommodation may be an efficiency apartment a one or two- room apartment (which is shared by two employees with a private bedroom for each Employee and a shared kitchen and bathroom).
b. Furnishings provided by the Employer include: basic cooking utensils such as a pot, a pan and dishes, a stove, a refrigerator, a bed, a kitchen table, two chairs, TV and a washing machine. The cost of monthly service, monthly management fee of the apartment, utilities, telephone charge, cable for the accommodation provided will be paid by the Employee. However, Cable and Telephone will be installed by the Employee's name.
10. TRANSPORTATION
The Employer will purchase for the Employee an economy class ticket from the point of hire for passage on a regularly scheduled airline in Korea. Upon the completion of this contract period, the Employer will purchase for the Employee an economy class ticket for passage on a regularly scheduled airline to the point of hire from Korea. The return airfare will be provided at the time of termination of Employment. However in the case of the Employee resign the second year contract, the return ticket will be provided at the tome of the second year contract's termination. However, in the event that the Employee fails to complete the contract terms, the Employee agrees to reimburse the Employer the cost of the paid airfare.
11. DISMISSAL OR VOLUNTARY RESIGNATION
a. The Employer will have right to dismiss the Employee for clear and frequent neglect of duties under this assignment, including but not limited to, frequent absences from the place of Employment without the approval of the Academic Supervisor or good reason therefore, or for manifest inability to perform the duties stated under this agreement. When appropriate, prior to any such dismissal, the Employee will be warned of dissatisfaction with performance will be afforded least (20) working days in which to remedy the same. Criminal or other conduct that has been clearly substantiated inside or outside the place of Employment that would, in the opinion of the Academic Supervisor and General Manager, seriously jeopardize any student or staff person, or the reputation of the Employer, will be cause for immediate dismissal and no warning nor will time for remedy be allotted.
b. If the Employee gets two Written Warning Letters, he/she will get dismissed anytime later without 20 days notice.
12. INDEMNIFICATION CLAUSE
The Employee will indemnify and hold harmless the Employer from and damages which the employer may sustain, in any manner, through the misconduct of employee.
13. MEDICAL INSURANCE
The Employee agrees to support medical insurance. The Employer pays fifty percent of medical insurance premiums for the Employer and other fifty percent should be paid by the Employee. The Employee's insurance premium will be deducted from his/her monthly salary. Dental and pre-existing conditions (diseases) are not covered from the insurance.
This contact takes effect on the date signed by both parties and will automatically expire when the contract ends. |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Mon Jun 19, 2006 7:56 pm Post subject: Re: Contract Review |
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PolishZeus wrote: |
Hello all!
I have been following most of these threads the past month and I noticed that some folks have been posting their contracts to get some feedback. On a side note, I want to let you know how good that made me feel to know that there are people going out of their way to help others out.
But back to the current topic, I (and my girlfriend) have been offered a job by someone named Jackie at Cambridge Language School. The employers name is actually Daniel Park if anyone has ever heard or worked for him.
Here is the contract he sent me:
1. EMPLOYMENT OF EMPLOYEE
a. The Employer hereby employs the Employee to teach the English Language in the form and manner directed by the Employer and under the terms and conditions set forth here in this agreement.
b. Cambridge Language School shall employ the Employee as an Instructor of English to work in Cambridge Language School in the Republic of Korea. The Employee shall accept Cambridge Language School's decision as to the location of work in the Republic of Korea (hereinafter referred to as the "place of Employment").
2. PERIOD OF EMPLOYMENT
a. The total agreement term is one year, from / / 2006
Month day year
to / / 2006
Month day year
for a period of 365 days.
b. If the Employee is not able to complete the full contract period, the
Employee should give at least two months prior notice to the school.
3. CONDITION OF EMPLOYMENT
The instructor's work shall consist primarily of the following:
a. English Language instruction in any and all phases of the institute's program to classes that range from the Pre School to High School Level.
b. Attendance at level meetings, workshop and out of classroom activities with teachers (Sports Day, Hiking, Having big dinner�).
c. Graduating, evaluating and counseling of students.
d. Program promotion
4. DUTIES OF EMPLOYEE
a. The Employee shall observe the Employer's work system and regulations concerning administration of foreign experts and shall accept Employer's arrangement, direction, supervision and evaluation in regard to his/her work.
b. Without the Employer's consent, the Employee shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with the Employer.
c. The Employee shall complete the task agreed on schedule and guarantee the quality of work.
d. Professional dress and grooming in the work are essential to maintain the desired reputation to the institute. The Employee shall establish general guidelines for this.
e. The Employee shall be expected to prepare daily topics for the class beforehand.
f. The Employee can be required to attend all the staffs' meeting. If The Employee must be absent, he/she shall inform the Employer prior to the meeting.
g. The Employee must behave in professional manner during class or when socializing with students after class.
h. The Employee can be required to interview new students and evaluate their placement level.
i. The Employee shall not be absent without the Employer's permission 2 days in advance notice.
j. If the Employee is more than 10 minutes late or leave the class earlier without notification, one hour rate of payment may be deducted.
k. The Employee shall attend promotional activity for some of marketing plan of institute.
l. The Employee shall respect the Korean people's moral standards and customs.
m. The Employee shall not make sexually harass the students in his/her charge.
n. During the term of this agreement, the Academic Supervisor can ask the Employee to discuss and comply with the instructions, supervisors, training, and discipline of the Academic Supervisor. These duties shall include instruction in any and all phrases of the instructional program, administrative duties related to the Employee's classroom duties, attendance at the scheduled staff meetings and workshops, and any other duties as may be assigned by the Academic Supervisor. Also the Employee has to participate in outside events for the school. These days are not considered as paydays.
o. The Academic Supervisor is responsible for establishing and communicating the Standards of Performance and is responsible for taking all reasonable steps necessary to assure that those standards are met.
p. The Academic Supervisor shall also have the power and authority to assign the Employee some non- teaching duties related in students' education.
q. At all times during this term of Agreement the Employee shall directly adhere to and obey all the rules and regulations that have been established for the conduct of instructors at the Place of Employment. Also, the Employee shall strictly adhere to and obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local Government or officials thereof.
5. WORKING HOURS
The number of regular teaching hours will be 30 hours per week / 120 hours per month.(N.B; This is actual teaching hours and class preparation time and break time are not included).
a. Class will be held from Monday to Friday. And the Employee's working hours will be from 2:00pm to 8:00pm (Working hours could be changed in summer and winter intensive course - approximately one month each- in Cambridge Language School ).
b. The Employee's Initial: Occasionally if asked by the Academic Supervisor, the Employee agrees to take some training to make the class better.
c. Classes and teaching will be scheduled in accordance with the needs of the Employer.
6. SALARY
a. The Employee's monthly salary will be guaranteed ₩2,000,000 (Korean currency), which can be converted into foreign currency monthly.
b. Pay period begins on the first working day and ends on the last day of each month.
c. If the Employee's first or(and) last working month is(are) not a full teaching month(s), the salary will be calculated by the formula below,
(The Employee's Full Salary/30 days)� (The Employee's actual # of working days of that month)
d. For every hour worked over 120 hours per month, the Employee will receive overtime payment and Overtime rate for each hour will be ₩30,000
e. On completion of 1 year contract, the Employee will receive the amount of one-month salary as a severance pay.
g. The Employee will receive payment on the 1st of each month. In the case the Employee miss any scheduled teaching day, the salary will be calculated by an hour amount of payment with total working hours of the session.
7. DEDUCTIONS / TAXES
a. South Korean income taxes will be withheld automatically from Employee�s monthly salary. Income tax on the monthly salary runs at about 3.3%(depends on the rule of national tax service).
b. The Employee will be required to file an annual tax return each taxable year employed at Cambridge Language School with the local tax office.
c. Any taxes owed to any foreign government are the responsibility of the Employee. The Employer does not involve itself in foreign tax law.
d. The Employee is required by law to participate in the Korean pension plan. 4.5% will be deducted from the instructor's salary and put into the pension plan. The Employer will contribute 4.5% to the fund, for a total of 9%. This amount of money (9%) will be returned to the Employee when the Employee's contract is finished and he/she leaves Korea. (It depends upon the official agreement between Korea and the Employee's Country.)
8. VACATION AND HOLIDAYS
a. The instructor shall be entitled to 10 vacation days annual leave per contract.
b. The instructor can have three days unpaid sick leave with a medical certificate per year.
c. Those Public Holidays can be switched with regular working days according to the school's situations.
9. HOUSING
a. The Employer will select and provide furnished living accommodations for the Employee.
The accommodation may be an efficiency apartment a one or two- room apartment (which is shared by two employees with a private bedroom for each Employee and a shared kitchen and bathroom).
b. Furnishings provided by the Employer include: basic cooking utensils such as a pot, a pan and dishes, a stove, a refrigerator, a bed, a kitchen table, two chairs, TV and a washing machine. The cost of monthly service, monthly management fee of the apartment, utilities, telephone charge, cable for the accommodation provided will be paid by the Employee. However, Cable and Telephone will be installed by the Employee's name.
10. TRANSPORTATION
The Employer will purchase for the Employee an economy class ticket from the point of hire for passage on a regularly scheduled airline in Korea. Upon the completion of this contract period, the Employer will purchase for the Employee an economy class ticket for passage on a regularly scheduled airline to the point of hire from Korea. The return airfare will be provided at the time of termination of Employment. However in the case of the Employee resign the second year contract, the return ticket will be provided at the tome of the second year contract's termination. However, in the event that the Employee fails to complete the contract terms, the Employee agrees to reimburse the Employer the cost of the paid airfare.
11. DISMISSAL OR VOLUNTARY RESIGNATION
a. The Employer will have right to dismiss the Employee for clear and frequent neglect of duties under this assignment, including but not limited to, frequent absences from the place of Employment without the approval of the Academic Supervisor or good reason therefore, or for manifest inability to perform the duties stated under this agreement. When appropriate, prior to any such dismissal, the Employee will be warned of dissatisfaction with performance will be afforded least (20) working days in which to remedy the same. Criminal or other conduct that has been clearly substantiated inside or outside the place of Employment that would, in the opinion of the Academic Supervisor and General Manager, seriously jeopardize any student or staff person, or the reputation of the Employer, will be cause for immediate dismissal and no warning nor will time for remedy be allotted.
b. If the Employee gets two Written Warning Letters, he/she will get dismissed anytime later without 20 days notice.
12. INDEMNIFICATION CLAUSE
The Employee will indemnify and hold harmless the Employer from and damages which the employer may sustain, in any manner, through the misconduct of employee.
13. MEDICAL INSURANCE
The Employee agrees to support medical insurance. The Employer pays fifty percent of medical insurance premiums for the Employer and other fifty percent should be paid by the Employee. The Employee's insurance premium will be deducted from his/her monthly salary. Dental and pre-existing conditions (diseases) are not covered from the insurance.
This contact takes effect on the date signed by both parties and will automatically expire when the contract ends. |
Look at 4 k. Make sure those promotions are on the WEEKDAY'S during institute hours. Otherwise you WILL likely end up on Saturday handing out flyers. Unless you want to spend your weekends handing out flyers I'd put a clause stating that these promotional activities will only take place M-F and only during working hours. If they don't agree, find another place. Same goes for 3 b and 3 d
as for 4 n. Don't agree, you will not get paid for those days (as they so kindly point out) REFUSE. This is a scam to cheat you.
6 c. DON'T agree. This is another scam to cheat you out of your money. If they don't have enough classes, that is THEIR PROBLEM, NOT YOURS. Also due to holidays and vacations you could find your salary drastically reduced. Only agree to be paid in full. Regardless it's not a good sign when such penny-pinching is shown so early.
8 c. They say they can switch Public Holidays with working days. That means you will be working ON EVERY HOLIDAY plus regular days
Do not sign unless you want to experience a year of utter hell on earth!
Run, do not walk, away from this contract!
It is one of the worse (and in six years I have seen PLENTY) that I have ever looked at. |
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Yu_Bum_suk

Joined: 25 Dec 2004
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Posted: Mon Jun 19, 2006 8:10 pm Post subject: |
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Yes, I'd definately turn this one down. |
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Grotto

Joined: 21 Mar 2004
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Posted: Tue Jun 20, 2006 6:16 am Post subject: |
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1. EMPLOYMENT OF EMPLOYEE
a. The Employer hereby employs the Employee to teach the English Language in the form and manner directed by the Employer and under the terms and conditions set forth here in this agreement.
b. Cambridge Language School shall employ the Employee as an Instructor of English to work in Cambridge Language School in the Republic of Korea. The Employee shall accept Cambridge Language School's decision as to the location of work in the Republic of Korea (hereinafter referred to as the "place of Employment").
2. PERIOD OF EMPLOYMENT
a. The total agreement term is one year, from / / 2006
Month day year
to / / 2006
Month day year
for a period of 365 days.
b. If the Employee is not able to complete the full contract period, the
Employee should give at least two months prior notice to the school.
3. CONDITION OF EMPLOYMENT
The instructor's work shall consist primarily of the following:
a. English Language instruction in any and all phases of the institute's program to classes that range from the Pre School to High School Level.
b. Attendance at level meetings, workshop and out of classroom activities with teachers (Sports Day, Hiking, Having big dinner…).
c. Graduating, evaluating and counseling of students.
d. Program promotion
Isnt this the same contract that was posted a couple weeks ago? b, c and d are all stupid clauses.....you are there to teach English not go hiking or out for dinner.....doesnt belong in a contract!
4. DUTIES OF EMPLOYEE
a. The Employee shall observe the Employer's work system and regulations concerning administration of foreign experts and shall accept Employer's arrangement, direction, supervision and evaluation in regard to his/her work.
b. Without the Employer's consent, the Employee shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with the Employer.
c. The Employee shall complete the task agreed on schedule and guarantee the quality of work.
d. Professional dress and grooming in the work are essential to maintain the desired reputation to the institute. The Employee shall establish general guidelines for this.
Should be stated clearly right here right now so you know what to pack!
e. The Employee shall be expected to prepare daily topics for the class beforehand.
curriculum should be provided
f. The Employee can be required to attend all the staffs' meeting. If The Employee must be absent, he/she shall inform the Employer prior to the meeting.
"can be required" so right now its optional
g. The Employee must behave in professional manner during class or when socializing with students after class.
socializing with students after class
h. The Employee can be required to interview new students and evaluate their placement level.
These interviews will take place during regular hours(some schools make you come in on Saturday to interview)
i. The Employee shall not be absent without the Employer's permission 2 days in advance notice.
now thats just stupid!
j. If the Employee is more than 10 minutes late or leave the class earlier without notification, one hour rate of payment may be deducted.
penalty clauses are illegal....never agree to this....OR make sure you are only 9 minutes and 59 seconds late
k. The Employee shall attend promotional activity for some of marketing plan of institute.
and all promotional activities will be paid out at 50,000 won per hour including traveling time
l. The Employee shall respect the Korean people's moral standards and customs.
Great could you list them for us here? I wasnt aware they had any
m. The Employee shall not make sexually harass the students in his/her charge.
WTF does that mean exactly? I guess these guys are in desperate need of an English teacher
n. During the term of this agreement, the Academic Supervisor can ask the Employee to discuss and comply with the instructions, supervisors, training, and discipline of the Academic Supervisor.
They can ask.......doesnt mean you will have to comply Ahhh the silliness of Korean contracts
These duties shall include instruction in any and all phrases of the instructional program, administrative duties related to the Employee's classroom duties, attendance at the scheduled staff meetings and workshops, and any other duties as may be assigned by the Academic Supervisor.
Wasnt this mentioned way up at 3a?
Also the Employee has to participate in outside events for the school. These days are not considered as paydays.
Arent paydays once a month? I slay me no thanks......if you dont pay me for them then I dont have to participate...see how this works Mr. Park....no pay....no play
o. The Academic Supervisor is responsible for establishing and communicating the Standards of Performance and is responsible for taking all reasonable steps necessary to assure that those standards are met.
p. The Academic Supervisor shall also have the power and authority to assign the Employee some non- teaching duties related in students' education.
No thanks....you hired me to teach.....if you assign non-teaching duties then you have to pay for them
q. At all times during this term of Agreement the Employee shall directly adhere to and obey all the rules and regulations that have been established for the conduct of instructors at the Place of Employment. Also, the Employee shall strictly adhere to and obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local Government or officials thereof.
5. WORKING HOURS
The number of regular teaching hours will be 30 hours per week / 120 hours per month.(N.B; This is actual teaching hours and class preparation time and break time are not included).
Guess what then.......you dont get any prep then no pay...no play
a. Class will be held from Monday to Friday. And the Employee's working hours will be from 2:00pm to 8:00pm (Working hours could be changed in summer and winter intensive course - approximately one month each- in Cambridge Language School ).
Anything outside of 2-8 Mon to Fri will be paid out as overtime(20,000 won per 50 minutes )
b. The Employee's Initial: Occasionally if asked by the Academic Supervisor, the Employee agrees to take some training to make the class better.
Okay....but it happens between 2-8 Mon-Fri
c. Classes and teaching will be scheduled in accordance with the needs of the Employer.
No you posted the schedule clearly in 5a you cant change it now
6. SALARY
a. The Employee's monthly salary will be guaranteed ₩2,000,000 (Korean currency), which can be converted into foreign currency monthly.
it can also be converted into bottles of soju, movie tickets, and various other sundries....seems superfluous to mention it
b. Pay period begins on the first working day and ends on the last day of each month.
c. If the Employee's first or(and) last working month is(are) not a full teaching month(s), the salary will be calculated by the formula below,
(The Employee's Full Salary/30 days)� (The Employee's actual # of working days of that month)
No no no....you dont work weekends see....so you count up the actual amount of teaching days that month and divide the salary by that....otherwise they are ripping you off....unless you add in all the weekends in the month onto your actual # of days and then you get more money
d. For every hour worked over 120 hours per month, the Employee will receive overtime payment and Overtime rate for each hour will be ₩30,000
e. On completion of 1 year contract, the Employee will receive the amount of one-month salary as a severance pay.
g. The Employee will receive payment on the 1st of each month. In the case the Employee miss any scheduled teaching day, the salary will be calculated by an hour amount of payment with total working hours of the session.
sorry you cant do that! Salary is salary!
7. DEDUCTIONS / TAXES
a. South Korean income taxes will be withheld automatically from Employee’s monthly salary. Income tax on the monthly salary runs at about 3.3%(depends on the rule of national tax service).
yes and the rule is about 1.5% on 2 mil!
b. The Employee will be required to file an annual tax return each taxable year employed at Cambridge Language School with the local tax office.
c. Any taxes owed to any foreign government are the responsibility of the Employee. The Employer does not involve itself in foreign tax law.
d. The Employee is required by law to participate in the Korean pension plan. 4.5% will be deducted from the instructor's salary and put into the pension plan. The Employer will contribute 4.5% to the fund, for a total of 9%. This amount of money (9%) will be returned to the Employee when the Employee's contract is finished and he/she leaves Korea. (It depends upon the official agreement between Korea and the Employee's Country.)
8. VACATION AND HOLIDAYS
a. The instructor shall be entitled to 10 vacation days annual leave per contract.
b. The instructor can have three days unpaid sick leave with a medical certificate per year.
unpaid thats crap
c. Those Public Holidays can be switched with regular working days according to the school's situations.
no they cant! public holidays are public holidays....you are entitled to them off
9. HOUSING
a. The Employer will select and provide furnished living accommodations for the Employee.
The accommodation may be an efficiency apartment a one or two- room apartment (which is shared by two employees with a private bedroom for each Employee and a shared kitchen and bathroom).
just say no to shared accomodations
b. Furnishings provided by the Employer include: basic cooking utensils such as a pot, a pan and dishes, a stove, a refrigerator, a bed, a kitchen table, two chairs, TV and a washing machine. The cost of monthly service, monthly management fee of the apartment, utilities, telephone charge, cable for the accommodation provided will be paid by the Employee. However, Cable and Telephone will be installed by the Employee's name.
gotta have air con!
10. TRANSPORTATION
The Employer will purchase for the Employee an economy class ticket from the point of hire for passage on a regularly scheduled airline in Korea. Upon the completion of this contract period, the Employer will purchase for the Employee an economy class ticket for passage on a regularly scheduled airline to the point of hire from Korea. The return airfare will be provided at the time of termination of Employment. However in the case of the Employee resign the second year contract, the return ticket will be provided at the tome of the second year contract's termination. However, in the event that the Employee fails to complete the contract terms, the Employee agrees to reimburse the Employer the cost of the paid airfare.
worst written airfare clause of all time bravo bravo
11. DISMISSAL OR VOLUNTARY RESIGNATION
a. The Employer will have right to dismiss the Employee for clear and frequent neglect of duties under this assignment, including but not limited to, frequent absences from the place of Employment without the approval of the Academic Supervisor or good reason therefore, or for manifest inability to perform the duties stated under this agreement. When appropriate, prior to any such dismissal, the Employee will be warned of dissatisfaction with performance will be afforded least (20) (30)working days in which to remedy the same. Criminal or other conduct that has been clearly substantiated inside or outside the place of Employment that would, in the opinion of the Academic Supervisor and General Manager, seriously jeopardize any student or staff person, or the reputation of the Employer, will be cause for immediate dismissal and no warning nor will time for remedy be allotted.
b. If the Employee gets two Written Warning Letters, he/she will get dismissed anytime later without 20 days notice.
still 30 days notice required by law...or a months pay in lue of
12. INDEMNIFICATION CLAUSE
The Employee will indemnify and hold harmless the Employer from and damages which the employer may sustain, in any manner, through the misconduct of employee.
I like this one! So if I kick your ass I wont blame myself wow can you say copy and paste contract? I knew that you could
13. MEDICAL INSURANCE
The Employee agrees to support medical insurance. The Employer pays fifty percent of medical insurance premiums for the Employer and other fifty percent should be paid by the Employee. The Employee's insurance premium will be deducted from his/her monthly salary. Dental and pre-existing conditions (diseases) are not covered from the insurance.
2.24% each
This contact takes effect on the date signed by both parties and will automatically expire when the contract ends.
Really the contract dies when it ends thats just sad
Yeah its a crap contract written by feces flinging monkeys |
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IwalkAlone
Joined: 30 Nov 2005 Location: Daegu
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Posted: Tue Jun 20, 2006 6:28 am Post subject: |
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Contract isn't crap, and I would take any advice you get here with more than a grain of salt, especially the bitter ones......No names but many of the comments made are strewn with contradictions...but no names  |
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alabamaman
Joined: 25 Apr 2006
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Posted: Tue Jun 20, 2006 6:52 am Post subject: Re: Contract Review |
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I have been following most of these threads the past month and I noticed that some folks have been posting their contracts to get some feedback. On a side note, I want to let you know how good that made me feel to know that there are people going out of their way to help others out.
But back to the current topic, I (and my girlfriend) have been offered a job by someone named Jackie at Cambridge Language School. The employers name is actually if anyone has ever heard or worked for him.
Here is the contract he sent me:
1. EMPLOYMENT OF EMPLOYEE
a. The Employer hereby employs the Employee to teach the English Language in the form and manner directed by the Employer and under the terms and conditions set forth here in this agreement.
b. Cambridge Language School shall employ the Employee as an Instructor of English to work in Cambridge Language School in the Republic of Korea. The Employee shall accept Cambridge Language School's decision as to the location of work in the Republic of Korea (hereinafter referred to as the "place of Employment").
2. PERIOD OF EMPLOYMENT
a. The total agreement term is one year, from / / 2006
Month day year
to / / 2006
Month day year
for a period of 365 days.
You need; for your own benefit, to have contractual language stating you will not work for the employer until you have your E2 Visa since it's illegal to do so. Furthermore, if you are asked to do so, then refuse!
I will give you a much better of period of employment clause as the original one is to vague!
The employee shall begin working for the employer when Korean Immigration has issued the employee an E2 Visa. The period of employment wil begin on the employee's E2 Visa issue date ______/________/________ and end on the worker's E2 Visa expiry date _____/________/________. If the employee seeks contract renewal, a written notice shall be submitted to the employer 30 days prior to the worker's E2 Visa expiry date. The employer shall render a written notice within 5 working days of the worker's E2 Visa expiry date.
b. If the Employee is not able to complete the full contract period, the
Employee should give at least two months prior notice to the school.
Get it changed to 30 days and get it written in your contract.
3. CONDITION OF EMPLOYMENT
Get the changed to "Duties"
The instructor's work shall consist primarily of the following:
a. English Language instruction in any and all phases of the institute's program to classes that range from the Pre School to High School Level.
b. Attendance at level meetings, workshop and out of classroom activities with teachers (Sports Day, Hiking, Having big dinner�).
Ask the school if you go on Sports days and Hiking. If you don't then get it removed from the contract! I wouldn't say anything about the big dinners. They pay for it, and you can eat like an animal!
c. Graduating, evaluating and counseling of students.
Leave the counseling of students up to the Korean Bosses, and teachers as there is the language barrier present. Get it removed from the contract!
Ask what they mean by evaluating students and ask how often. Get it written in the contract. Inquire about the graduating of students. If there are no graduations, then get it removed from the contract!
d. Program promotion
Do you get pay raises? Get it written in the contract and the amount also in the contract!
4. DUTIES OF EMPLOYEE
a. The Employee shall observe the Employer's work system and regulations concerning administration of foreign experts and shall accept Employer's arrangement, direction, supervision and evaluation in regard to his/her work.
b. Without the Employer's consent, the Employee shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with the Employer.
You can work elsewhere if you have permission from Korean Immigration Officials! Get this changed and have it written in the contract.
c. The Employee shall complete the task agreed on schedule and guarantee the quality of work.
d. Professional dress and grooming in the work are essential to maintain the desired reputation to the institute. The Employee shall establish general guidelines for this.
The employer established the guidlines for this, and they need to be written in the contract!
e. The Employee shall be expected to prepare daily topics for the class beforehand.
Get a clarification on how long beforehand is? It needs to be written in t he contract!
f. The Employee can be required to attend all the staffs' meeting. If The Employee must be absent, he/she shall inform the Employer prior to the meeting.
How long prior to the meeting? Get it written in the contract.
g. The Employee must behave in professional manner during class or when socializing with students after class.
h. The Employee can be required to interview new students and evaluate their placement level.
I wouldn't want to have anything to do with that. That might not sit well with irate Korean parents. Get it removed from the contract. Your there to teach conversational english!
i. The Employee shall not be absent without the Employer's permission 2 days in advance notice.
j. If the Employee is more than 10 minutes late or leave the class earlier without notification, one hour rate of payment may be deducted.
Penalty clause as it should be removed!
k. The Employee shall attend promotional activity for some of marketing plan of institute.
l. The Employee shall respect the Korean people's moral standards and customs.
m. The Employee shall not make sexually harass the students in his/her charge.
n. During the term of this agreement, the Academic Supervisor can ask the Employee to discuss and comply with the instructions, supervisors, training, and discipline of the Academic Supervisor. These duties shall include instruction in any and all phrases of the instructional program, administrative duties related to the Employee's classroom duties, attendance at the scheduled staff meetings and workshops, and any other duties as may be assigned by the Academic Supervisor. Also the Employee has to participate in outside events for the school. These days are not considered as paydays.
You should be paid for paid for these days, and get it written in the contract!
o. The Academic Supervisor is responsible for establishing and communicating the Standards of Performance and is responsible for taking all reasonable steps necessary to assure that those standards are met.
What are the standards of performance? Get it written in the contract!
p. The Academic Supervisor shall also have the power and authority to assign the Employee some non- teaching duties related in students' education.
q. At all times during this term of Agreement the Employee shall directly adhere to and obey all the rules and regulations that have been established for the conduct of instructors at the Place of Employment. Also, the Employee shall strictly adhere to and obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local Government or officials thereof.
5. WORKING HOURS
The number of regular teaching hours will be 30 hours per week / 120 hours per month.(N.B; This is actual teaching hours and class preparation time and break time are not included).
*How long you teach per class?
*What are the institution operation hours?
*What constitutes a class?
*How many classes do you work month?
*Do you have a class schedule written in your contract? (if applicable)
*Change 30 hours week/120 hours per month to 120 classes per month.
Class will be held from Monday to Friday. And the Employee's working hours will be from 2:00pm to 8:00pm (Working hours could be changed in summer and winter intensive course - approximately one month each- in Cambridge Language School ).
What will those working hours be during the intensives?
They should be included in the contract.
b. The Employee's Initial: Occasionally if asked by the Academic Supervisor, the Employee agrees to take some training to make the class better.
Contractual language as such should be included:
(Include a written explanation as what the complaint was, and and what plan of action you intend to use. Have another witness present. All parties present should sign off on the written explanation/plan of action and the schools Institutional Seal should be stamped upon it!)
c. Classes and teaching will be scheduled in accordance with the needs of the Employer. "Both parties shall come to an mutually consent in writing prior to working classes outside the employees established working hours."
6. SALARY
a. The Employee's monthly salary will be guaranteed ₩2,000,000 (Korean currency), which can be converted into foreign currency monthly.
b. Pay period begins on the first working day and ends on the last day of each month.
c. If the Employee's first or(and) last working month is(are) not a full teaching month(s), the salary will be calculated by the formula below,
(The Employee's Full Salary/30 days)� (The Employee's actual # of working days of that month)
d. For every hour (class) worked over 120 (classes ) hours per month, the Employee may choose to work overtime classes at the rate of 30,000 Korean Won per class.
*How long is each overtime class?
*What constitutes an overtime class?
e. On completion of 1 year contract, the Employee will receive the amount of one-month salary as a severance pay.
g. The Employee will receive payment on the 1st of each month. In the case the Employee miss any scheduled teaching day, the salary will be calculated by an hour amount of payment with total working hours of the session.
Refer to Korean Labor Laws on this one as to the legalities.
7. DEDUCTIONS / TAXES
a. South Korean income taxes will be withheld automatically from Employee�s monthly salary. Income tax on the monthly salary runs at about 3.3%(depends on the rule of national tax service).
Monthly Withholding Taxes
*How much money will my employer deduct for withholding taxes per month throughout the contract period?
*What is the exact (%) percentage being deductued per month for monthly withholding taxes?
http://nts.go.kr/front/service/refer_cal/gani/refer_gani_eng.asp
b. The Employee will be required to file an annual tax return each taxable year employed at Cambridge Language School with the local tax office.
c. Any taxes owed to any foreign government are the responsibility of the Employee. The Employer does not involve itself in foreign tax law.
d. The Employee is required by law to participate in the Korean pension plan. 4.5% will be deducted from the instructor's salary and put into the pension plan. The Employer will contribute 4.5% to the fund, for a total of 9%. This amount of money (9%) will be returned to the Employee when the Employee's contract is finished and he/she leaves Korea. (It depends upon the official agreement between Korea and the Employee's Country.)
This clause above is a little vague and doesn't hold the employer accountable enough!
Korean Pension Scheme
*Does your contract state the total deductions for KPS per month throughout the contract period?
*Should a foreign instructor working for a language institute in Korea pay contributions to the National Pension Scheme?
http://www.nps4u.or.kr/social/index_en.html (Click on FAQ & then #3)
8. VACATION AND HOLIDAYS
a. The instructor shall be entitled to 10 vacation days annual leave per contract.
Vacation days are annual leave
b. The instructor can have three days unpaid sick leave with a medical certificate per year.
Go for 4-5 paid sick days! They are paid, and not unpaid!
c. Those Public Holidays can be switched with regular working days according to the school's situations.
You are entitle to all Korean National Holidays.
9. HOUSING
a. The Employer will select and provide furnished living accommodations for the Employee.
The accommodation may be an efficiency apartment a one or two- room apartment (which is shared by two employees with a private bedroom for each Employee and a shared kitchen and bathroom).
Say no to shared housing!
b. Furnishings provided by the Employer include: basic cooking utensils such as a pot, a pan and dishes, a stove, a refrigerator, a bed, a kitchen table, two chairs, TV and a washing machine. The cost of monthly service, monthly management fee of the apartment, utilities, telephone charge, cable for the accommodation provided will be paid by the Employee. However, Cable and Telephone will be installed by the Employee's name.
10. TRANSPORTATION
The Employer will purchase for the Employee an economy class ticket from the point of hire for passage on a regularly scheduled airline in Korea. Upon the completion of this contract period, the Employer will purchase for the Employee an economy class ticket for passage on a regularly scheduled airline to the point of hire from Korea. The return airfare will be provided at the time of termination of Employment. However in the case of the Employee resign the second year contract,
The only contractual language that should be written in a contract about a second year is contract renewal. "However in the case of the Employee resign the second year contract, the return ticket will be provided at the tome of of the second year contract's termination."
However, in the event that the Employee fails to complete the contract terms, the Employee agrees to reimburse the Employer the cost of the one way ticket from the point of hire.
They are breaching Korean Labor Law. However, it will be very hard to find a job in South Korea if you tell them, "I'm not paying for any plane ticket if I don't fullfill my contractual obligations." Airfare reimbursements should be waived off after 6 months. Persoanlly, I would insist on it.
Article 42 (Payment of Wages)
(1) Payment of wages shall be directly made in full to worker in cash; however, if otherwise stipulated by special provisions of laws or decrees or a collective agreement, wages may partially be deducted or may be paid by other than cash.
(2) Wages shall be paid more than once per month on a fixed day; however, this shall not apply to extraordinary wages, allowances, or any other similar payment or those wages provided for by the Presidential Decree.
The follow should also be written in your contract in the event there is a dispute regarding much the place ticket from the point of hire costs in case you do terminate your contract early.
*When was the airfare paid?
*What was the total amount of the ticket?
11. DISMISSAL OR VOLUNTARY RESIGNATION
a. The Employer will have right to dismiss the Employee for clear and frequent neglect of duties under this assignment, including but not limited to, frequent absences from the place of Employment without the approval of the Academic Supervisor or good reason therefore, or for manifest inability to perform the duties stated under this agreement. When appropriate, prior to any such dismissal, the Employee will be warned of dissatisfaction with performance will be afforded least (20) working days in which to remedy the same.
Criminal or other conduct that has been clearly substantiated inside or outside the place of Employment that would, in the opinion of the Academic Supervisor and General Manager, seriously jeopardize any student or staff person, or the reputation of the Employer, will be cause for immediate dismissal and no warning nor will time for remedy be allotted.
b. If the Employee gets two Written Warning Letters, he/she will get dismissed anytime later without 20 days notice.
30 days!
Article 32 (Advance Notice of Dismissal)
(1) An employer shall give an advance notice to a worker at least thirty days before dismissal(including dismissal for managerial reasons). If the notice is not given thirty days before the dismissal, normal wages for more than thirty days shall be paid to the worker, except in cases, prescribed by the Ordinance of the Ministry of Labor, where it is impossible to continue a business because of natural disaster, calamity, or other unavoidable causes, or where a worker has caused considerable difficulties to a business, or damage to properties on purpose.
12. INDEMNIFICATION CLAUSE
The Employee will indemnify and hold harmless the Employer from and damages which the employer may sustain, in any manner, through the misconduct of employee.
13. MEDICAL INSURANCE
The Employee agrees to support medical insurance.
The Employer pays fifty percent of medical insurance premiums for the Employer and other fifty percent should be paid by the Employee. The Employee's insurance premium will be deducted from his/her monthly salary. Dental and pre-existing conditions (diseases) are not covered from the insurance.
Use this clause below!
The employer will enroll the worker in the Korean National Healthcare Insurance Plan. The worker will be physically presented with his medical insurance card on __________/__________/__________. The sum of 3 months contribution, **********, will be prepaid by 3 month intervals (the contribution payment duty is retroactive to the day he was registered for his residence in Korea) except for the permanent foreign resident. Responsibility to pay said sum of 3 months contribution is upon the employer. The employer will deduct **********(2.24%) from the worker's monthly salary and pay it to the National Health Insurance Corporation per month throughout the contract period.
This contact takes effect on the date signed by both parties and will automatically expire when the contract ends.
Dress code
*Does your boss want you to dress casual?
*Does your boss want you to dress formal?
*Where's the emergency leave clause?
Visa Run
http://www.efl-law.com/visarun.php
*Who pays for what on the Visa Run?
Last edited by alabamaman on Tue Jun 20, 2006 9:47 am; edited 11 times in total |
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huffdaddy
Joined: 25 Nov 2005
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Posted: Tue Jun 20, 2006 7:26 am Post subject: |
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IwalkAlone wrote: |
Contract isn't crap, and I would take any advice you get here with more than a grain of salt, especially the bitter ones......No names but many of the comments made are strewn with contradictions...but no names  |
It all depends on the intent of the director. It could just be cut and paste, standard BS wording. Or it could be a headache of unpaid activities and extracurriculars. A contract is only as good as the paper it's written on. It's the director who can make a good contract bad, or a bad contract good.
Talk to the other foreign teachers. How long have they been there? How many have renewed? What are the hours, in practice? Etc.
Feel free to take the advice given here with a grain of salt. But take an even bigger grain of salt with anything your recruiter or wanna-be director tells you. If in doubt - Get it in writing!!! If they're unwilling to put their promises in writing, look elsewhere. It's a sellers market, be choosey. |
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alabamaman
Joined: 25 Apr 2006
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Posted: Tue Jun 20, 2006 8:30 am Post subject: |
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huffdaddy wrote: |
IwalkAlone wrote: |
Contract isn't crap, and I would take any advice you get here with more than a grain of salt, especially the bitter ones......No names but many of the comments made are strewn with contradictions...but no names  |
It all depends on the intent of the director. It could just be cut and paste, standard BS wording. Or it could be a headache of unpaid activities and extracurriculars. A contract is only as good as the paper it's written on. It's the director who can make a good contract bad, or a bad contract good.
Talk to the other foreign teachers. How long have they been there? How many have renewed? What are the hours, in practice? Etc.
Feel free to take the advice given here with a grain of salt. But take an even bigger grain of salt with anything your recruiter or wanna-be director tells you. If in doubt - Get it in writing!!! If they're unwilling to put their promises in writing, look elsewhere. It's a sellers market, be choosey. |
2-3 teachers have stayed there since 2000 |
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Grotto

Joined: 21 Mar 2004
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Posted: Tue Jun 20, 2006 8:46 am Post subject: |
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Quote: |
Contract isn't crap, and I would take any advice you get here with more than a grain of salt, especially the bitter ones......No names but many of the comments made are strewn with contradictions...but no names |
So you think this is a good contract Did you write it
Its a very poorly written contract at the very least with many clauses that are totally in favor of the school and very few for the teacher. As long as there are people advocating crap contracts people will continue to sign their life away.....the problem with ESL is that the industry is so overrun with crap contracts its almost become the norm! |
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alabamaman
Joined: 25 Apr 2006
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Posted: Tue Jun 20, 2006 9:07 am Post subject: |
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Grotto wrote: |
Quote: |
Contract isn't crap, and I would take any advice you get here with more than a grain of salt, especially the bitter ones......No names but many of the comments made are strewn with contradictions...but no names |
So you think this is a good contract Did you write it
Its a very poorly written contract at the very least with many clauses that are totally in favor of the school and very few for the teacher. As long as there are people advocating crap contracts people will continue to sign their life away.....the problem with ESL is that the industry is so overrun with crap contracts its almost become the norm! |
I confess Grotto. I'm guilty.... I wrote it! |
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jacl
Joined: 31 Oct 2005
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Posted: Tue Jun 20, 2006 9:27 am Post subject: |
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IwalkAlone wrote: |
Contract isn't crap, and I would take any advice you get here with more than a grain of salt, especially the bitter ones......No names but many of the comments made are strewn with contradictions...but no names  |
Well, let me read it. Hold on. |
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alabamaman
Joined: 25 Apr 2006
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Posted: Tue Jun 20, 2006 9:34 am Post subject: Contract Review |
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Last edited by alabamaman on Tue Jun 20, 2006 9:40 am; edited 2 times in total |
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jacl
Joined: 31 Oct 2005
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Posted: Tue Jun 20, 2006 9:38 am Post subject: |
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IwalkAlone wrote: |
Contract isn't crap, and I would take any advice you get here with more than a grain of salt, especially the bitter ones......No names but many of the comments made are strewn with contradictions...but no names  |
Ok. I haven't even finished reading it. What's wrong with you, IwalkAlone. This contract is crap. Maybe the employer would ignore some clauses, but you don't know.
If you're going to post. Post something useful. |
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jacl
Joined: 31 Oct 2005
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Posted: Tue Jun 20, 2006 10:03 am Post subject: |
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It could be a good employer, but there are thing in the contract that just shouldn't be there. Sometimes these things aren't worth paying attention to. Just regular BS. Looks like some changes were made to an original because of someone who understands English and was applying questioned it.
I didn't pick everything out but:
The Employee shall accept Cambridge Language School's decision as to the location of work in the Republic
Hope that's at one place.
two months prior notice
One month. Don't sign your life away.
classes that range from the Pre School to High School Level
Range is too high. Do you want to go nuts. Elementary and middle school, ok. Kindergarten to high school. Good luck.
Attendance at level meetings, workshop and out of classroom activities with teachers (Sports Day, Hiking, Having big dinner�).
Fuk that
Graduating, evaluating and counseling of students.
Evaluating. Well..ok. Give 'em that. Counseling? Whatever "graduating" is. Mabye one of those unimportant issues where you just look at your boss with quizzical eyes and say, "I don't know? I'm going to Seoul. Bye."
Program promotion
What's that?
10. TRANSPORTATION
The Employer will purchase for the Employee an economy class ticket from the point of hire for passage on a regularly scheduled airline in Korea. Upon the completion of this contract period, the Employer will purchase for the Employee an economy class ticket for passage on a regularly scheduled airline to the point of hire from Korea. The return airfare will be provided at the time of termination of Employment. However in the case of the Employee resign the second year contract, the return ticket will be provided at the tome of the second year contract's termination. However, in the event that the Employee fails to complete the contract terms, the Employee agrees to reimburse the Employer the cost of the paid airfare.
One thing to remember is that if they hire you in Korea or somewhere close that this would make them free from paying you to fly back home to America or Canada. Something to think about. Gotta have a "back to my hometown" (nearest international airport) clause put in.
12. INDEMNIFICATION CLAUSE
The Employee will indemnify and hold harmless the Employer from and damages which the employer may sustain, in any manner, through the misconduct of employee.
Ok? Whatever that is.
You want your contract short and sweet. There are some weird extra work thing in your contract. You must be careful withe some things. Not too bad, but it's crappily written and just not good.
There's not mention of some pertinent things. Anyway, it's 2 million. That = crap contract. |
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jacl
Joined: 31 Oct 2005
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Posted: Tue Jun 20, 2006 10:10 am Post subject: |
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IwalkAlone wrote: |
Contract isn't crap, and I would take any advice you get here with more than a grain of salt, especially the bitter ones......No names but many of the comments made are strewn with contradictions...but no names  |
Ok. I see where you're coming from. Most contracutual things aren't usually even followed. But, however, salary is crap. OT is good, but these types are apt to change something. I don't like it.
Last edited by jacl on Tue Jun 20, 2006 3:31 pm; edited 1 time in total |
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