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melvaughn
Joined: 11 May 2006
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Posted: Tue Jun 20, 2006 5:01 pm Post subject: Teaching in the middle of nowhere...need contract help |
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I'm about to teach in a small city by the Ocean in Tangyoung which is about five hours from Seoul, so it's basically in the countryside. Anyway, the contract claims there are two week vacation but no pay and there are NO sick days either. Is this normal? I've never taught before but I posted the contract if anyone wants to give me feedback on anything illegal or any redflags before I sign the contract.
thanks
English Center for Children
EMPLOYMENT AGREEMENT
This EMPLOYMENT AGREEMENT has been made this 2006 by and
between Tongyoung Sisa Language Institute ; a Korean company having its office at
1028-2 Mujun dong, Tongyoung City Korea. (hereinafter referred to as "employer");and ______________ , a citizen of ___________ whose domicile is at
_____________________________________
(hereinafter referred to as "employee").
Employer and employee, in consideration of the mutual promises and covenants
contained herein, agree as follows:
1. Employee hereby accepts employment from employer to teach the English
language in the form and manner and under the terms and conditions set forth
here in this agreement.
2. The "Place of Employment" is at the address above. Employee may be required
to reach outside the place of employment. In such case, employee will be
reimbursed for travel expenses incurred beyond those expenses normally
incurred in travel from the employee's home to the place of employment.
3. Term of Agreement
3.1 The "term of this agreement" shall include orientation time, twelve (12)
full and consecutive teaching sessions, and all scheduled vacations
and holidays which fall between or during teaching sessions. The total
term of this agreement is approximately one year, commencing from the
first day of orientation ____ and finishing on the
last teaching day of employee's twelfth teaching session.
(___________ ㅡ____________)
3.2 Employee agrees to discontinue residence in Korea under the visa status
sponsored by employer within five days of termination of employment.
3.3 Periods of employment of employee beyond that covered by this agreement must
be agreed to by employee and employer, in writing, at least three months
before the expiration of the term of this agreement.
4. Duties
4.1 During the term of this agreement, the employee will be required to prepare for,
teach, and carry out all required administrative duties (such as evaluation cleaning, decorating etc) connected with classes assigned by the employer.
No regular schedule of work hours can be guaranteed to employee. Employee agrees to attend meetings and training workshops of matters relating to employee's duties and the institute's operation, or to assist in employee's professional development. No payment in excess of or in addition to employee's monthly salary will be made for attending meetings carrying out all required administrative duties (such as evaluation, cleaning, decorating etc) or workshops scheduled by employer.
4.2 The minimum teaching requirement shall be
157Times(1time=40 minutes),=105hr per month.
Monday through Friday are teaching days except for scheduled public
holidays and vacation days. There are no teaching on Weekends.
4.3 The employer will have the authority to require employee to perform any
classroom duties in excess of the minimum teaching requirement (such excess
hereinafter called "overtime"), but the employer will not have the authority to
require employee to teach more than 157times(= 105hr ) each month, unless employee consents thereto. Only teaching periods in excess of the minimum teaching
requirement and approved by the employer are considered overtime. Employee
will be paid at the rate of 20,000Won for each teaching period of overtime.
One overtime teaching period corresponds to forty minutes.
4.4 The employer has the authority to assign employee some non-teaching hours,
within the limits on total work hours set forth herein above.
4.5 At all times during the term of this agreement, employee will directly adhere to
and obey all the rules and regulations that have been, or may hereafter be,
established by employer for the conduct of employee or generally for the
conduct of instructors at the place of employment.
4.6 Employee agrees to dress appropriately at all times when teaching or when
present on the premises of the place of employment and to follow the advice,
directives and policies of employer regarding what constitutes appropriate dress.
4.7 Employee understands and agrees that, at all times during the term of this
agreement, employee will strictly adhere to and obey all laws, regulations,
provisions, instructions, and guidance from the Government of Korea or any
local government or officials thereof.
4.8 Employee agrees to be present at the place of employment at least one and a
half hours before the commencement of each day's allocated teaching schedule
to allow time for organization of teaching materials and preparation for the
day's lessons.
5. Compensation and Other Treatment of Employee
5.1 Transportation: Employer will provide for employee an economy class ticket
for passage to Korea from an international airport which is mutually agreed to
by employer and employee (henceforth referred to as point of departure). On
completion of the full contract period, employer will provide for the employee
an economy class ticket for passage from Korea to point of departure. The return air ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment. agreement with employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets which are not used by employee. If the Instructor is dismissed or leaves the Institute voluntarily during the first six months of employment, s/he will reimburse the Institute for the cost of air transportation to Korea. The Institute will provide a receipt from the travel agency from which the ticket was purchased.
5.2 Orientation and Training: Shortly after arrival in Korea, employee will be
required to undertake orientation and training intended to provide employee with
the requisite familiarity with institute operation and policies and to ensure that
employee possesses adequate knowledge and skills related to duties of
employment.
5.3 Salary: Employer will pay employee as compensation for all services rendered
a monthly salary of 2,000,000Won for each month of the contract period with
employer. "Month" and "Monthly" refer to a session (4weeks) of the ECC
calendar. Salary will commence from the first day of teaching. Payment for
part of a month of employment will be calculated on the number of the days of
employed. Payment of the aforesaid salaries will be made in Won. Korean
income taxes and Korean National Pension Scheme deductions will be withheld.
Monthly salary payments will be made on or before the eighth day of the
month following the month during which the employment services were
provided.
5.4 Severance Payment: Dependent upon completion of the full contract period,
the employee will be given an additional regular monthly salary payment.
Korean severance tax will be withheld. In the event that the employee does not
renew or extend employment under a subsequent employment agreement with
employer, this payment will be made at the time of completion of the contract
period.
5.5 Holidays and Vacation: Employee will be entitled to observe public holidays
and receive vacation days during the contract term according to a yearly
schedule provided by employer before the commencement of the year to which
the schedule refers. There are at least ten vacation days in each calendar
year (January-December). Public holidays and vacations can only be taken as
scheduled. Employee will not be paid for these holidays and vacation days.
5.6 Absence from Duties: Salary is not maintained when employee is absent from
teaching duties. In the event that employee is absent from duties for whatever
reason, monthly salary will be reduced according to the length of the absence.
Reductions will be based on basic salary rate. Transference of teaching duties
by employee to persons other than employee is not possible without the
permission of employer.
5.7 Emergency Leave: Employee will be eligible to receive up to six (6) days of
paid emergency leave in the event of death or serious illness in employee's
immediate family. The immediate family of employee for the purpose of this
paragraph will include only parents, grandparents, grandchildren, spouse,
children, brothers and sisters. Such emergency leave will be granted at the
sole discretion of employer. The employee will bear the cost of transportation in
the event of a need for emergency leave. Payment for emergency leave will
only be made in the event that the employee resumes duties with the employer.
5.8 Medical Insurance: Employee will be covered by medical benefits under the
Korean Medical Insurance Union, a Government Health Organization. The costs
of this coverage will be borne half by employer and half by employee. Payment
will be made by monthly deduction from employee's salary, at present 1.5%,
and a like amount contributed by employer. Coverage commences from date of
joining the KMIU. Due to requirements from the immigration and taxation
departments, coverage will commence approximately three to four weeks after
arrival in Korea.
5.9 Accident Compensation: In the event that employee sustains injuries from an
accident or mishap during the course of normal work duties, or within the
premises of place of employment, employer agrees to pay all medical and
hospital costs which are in excess of those covered by medical insurance. In
the event that employee sustains injuries from an accident or mishap which
occurs outside the course of normal work duties, employee understands and
agrees that employer will have no responsibility for, nor obligation to pay,
medical and hospital costs which are in excess of those covered by medical
insurance.
5. 10 Housing
5.10.1 Employer will select and provide furnished living accommodation for employee.
The accommodation may be one-bedroom apartment, or one bedroom house.
The housing is private, and not shared.
Furnishings provided by employer for common use by employee include : A kitchen table and chairs, a two-burner gas hot plate, a refrigerator, a telephone, a television, and a washing machine, A bed, a wardrobe, and a fan.
5.10.2 The cost of monthly service, utility, and telephone charges for accommodation
provided by employer will be paid by employee.
5.10.3 Employee agrees to pay employer a housing management deposit to cover
unpaid monthly service, utility, and telephone charges. Such deposit amounting
to 600,000 Won and being payable to employer in three equal installments will
be deducted from the salary during the first three months of employment with
employer. Dependent on a written guarantee from a guarantor acceptable to
employer, employer agrees that the deposit will be returned, in full, to the
employee at the time of completion of employee's period of employment with
employer, including any period of employment beyond that covered by this
agreement. In the absence of such written guarantee, employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid. In the event that employer makes payments covering monthly service, utility, and telephone charges on behalf of employee, the amount of such payments will be deducted from the deposit and the remainder of the deposit returned to employee. Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.
6. Dismissal or Voluntary Resignation
6.1 Employer will have the right to dismiss employee for unwillingness or inability
to meet conditions of employment as set out under this agreement, including
neglect of duties. Prior to any such dismissal, employee will be warned of
dissatisfaction with performance or conduct and will be afforded an appropriate
period in which to remedy the same. Employee agrees to give official notice of
employee's resignation to the director at least 2 months before termination of
contract with ECC in order to allow ECC time to recruit a replacement teacher.
6.2 Employer will have the right to dismiss employee for conduct seriously
jeopardizing any student or staff person, or for criminal activity. In such
instances, employer has the right under this agreement to execute immediate
dismissal and no warning nor time for remedy need be allotted.
6.3 In the event that the employee is dismissed, or in the event that the employee
voluntarily resigns prior to the termination of the term of this agreement,
employer will be obligated to pay all salary due to date of termination.
Employer will have no duty and will not be obligated to pay the cost of return
transportation to point of departure for employee, nor will employer be obligated
to pay any severance pay. Further, employer will be entitled to withhold an
amount less than or equivalent to, but not exceeding, the cost of air fare
provided for travel to Korea.
6.4 In the event that war, civil disturbances, or political conditions prompt a
directive from the government of the Republic of Korea or the government of
employee's citizenship to leave Korea, this employment agreement will be
terminated as of the date of such directive. In such case, employer will provide
to employee an air ticket to point of departure, irrespective of length of
employment period. All salary due at date of termination will be paid.
Pro-rated severance pay will be given for periods of employment of less than
twelve months.
7. Covenants
7.1 Employee hereby agrees, covenants, and undertakes that he/she will not
undertake any teaching duties or employment with any persons or organizations
other than the employer. Failure to comply with this article is cause for
immediate dismissal.
7.2 Employee hereby agrees, covenants, and undertakes that he/she will not disclose
teaching materials, syllabus details, or any other information relating to the
academic program, whether verbally or in written form, to individuals or
corporate entities not employed by employer.
7.3 Unless agreed to in writing, the employee understands and accepts that the
rights to use, sale, distribution, or publication of all original material produced
by the employee during the course of employee's employment, and for which
the employee is compensated as either regular pay, as overtime, or in an
agreed-upon lump sum, remain the sole property of employer.
8. Merger Clause : agreement constitutes the entire understanding between
the parties hereto with respect to the subject matter hereof, and supersedes all
previous negotiations, commitments, and writings with respect hereto. No
modification of this agreement will be binding or have any legal effect unless
set forth in a written agreement amending this agreement and signed by both
parties hereto. Furthermore, this contract nullifies and voids any previous
contract between the two parties.
9. Merger Clause : Employee will indemnify and hold harmless
employer and employer's representatives from any damages which employee
may sustain, in any manner, through the misconduct or negligence of employee.
10. Waiver : The failure of either party at any time to enforce the terms,
provisions, or conditions of this agreement will not be construed as a waiver of
the same or of the right of such party to enforce the same.
11. Governing Language and Jurisdiction : This agreement has been drawn
up and has been executed in the English language; and the English language
text of this agreement will govern and prevail over any translation thereof.
This agreement will be interpreted according to the internal (domestic) laws of
the Republic of Korea. A competent court in the Republic of Korea will have
jurisdiction in regard to any dispute or claim arising out of, or in connection
with, this agreement.
Employer and employee have executed this agreement on the date indicated
below. Intending to be legally bound to, and in witness of, employer and
employee have appended their signatures.
Employer Employee
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braunshade
Joined: 19 Apr 2006 Location: Somewhere better!
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Posted: Tue Jun 20, 2006 7:11 pm Post subject: |
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Thats a horrible contract!!!!!!!! Full of unreasonable/illegal clauses. Look for something better. |
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thursdays child
Joined: 21 Sep 2005
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Posted: Tue Jun 20, 2006 7:24 pm Post subject: |
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Tangyoung is hardly rural (if you're meaning in Gyungsamnamdo???) It's actually a pretty cool place. Close to Pusan to get your city fix. |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Tue Jun 20, 2006 7:25 pm Post subject: |
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That's a bad contract. Holidays should be paid and you should have at least 3 sick days.
Plus what is 4.1? You have to clean as well. NO WAY JOSE! You were hired to teach. You are not a janitor. They could have you cleaning the school from 8-10 every day.
You can find something MUCH better. Do not sign, unless you enjoy being miserable. |
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antoniothegreat

Joined: 28 Aug 2005 Location: Yangpyeong
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Posted: Tue Jun 20, 2006 7:26 pm Post subject: |
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this contract is so bad it isnt even worth the time to write why. flat out terrible... |
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sadsac
Joined: 22 Dec 2003 Location: Gwangwang
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Posted: Tue Jun 20, 2006 10:59 pm Post subject: |
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It's llegal not to pay for gazetted public holidays and unpaid vacation. Run, run away from this very quickly. It's the worst contract I've seen in a long time.  |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Wed Jun 21, 2006 1:20 am Post subject: |
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And not only do the contract terms go from bad going to illegal, you get to teach 157 classes for less money than I make and I only teach 88 classes per month. (22 classes of 40 minutes each per week)
For 2 million, even as a newbie, you should NOT work more than 120 classes per month (about 30 per week).
AND additionally you should be paid for your holidays (2 calendar weeks per year) and have credit for and not work on National Holidays (red days).
You should be paid promptly at the end of each and every month. Why do they hold your pay back for 8 additional days (history of runners perhaps??).
Say NO loudly and look for another school. This absolutely sucks.
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VanIslander

Joined: 18 Aug 2003 Location: Geoje, Hadong, Tongyeong,... now in a small coastal island town outside Gyeongsangnamdo!
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Posted: Wed Jun 21, 2006 1:54 am Post subject: |
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Look...
thursday's child wrote: |
Tongyeong is hardly rural (if you're meaning in Gyeongsangnamdo???) It's actually a pretty cool place. Close to Busan to get your city fix. |
Absolutely. Not rural. Even has an E-Mart and LotteMart for pretty good shopping (I used to go there often from nearby Geoje). And the city has the most awesome street networks (for walking, not driving: narrow, windy, hilly).
And...
Quote: |
there are two week vacation but no pay and there are NO sick days either. Is this normal? |
It is normal in many small hagwons to have no sick days... because they have no one to substitute for you! At least that's how it was at the mom and pop's operation I worked at. Yes, I ended up getting sick a few times but in most cases you are simply expected to go to work sick, as they do. One Korean teacher I know hasn't taken a day off in six bloody years. Now, now, I know many places DO give sick days off, but when it comes to smaller hagwons, I've heard of SEVERAL that don't, at otherwise awesome places to work (like mine was).
Two week vacation is also standard, but ... no pay? That's the first I've heard of such a thing. Not a penny has ever been taken out of my contract or the ESLers at other hagwons I've known personally. That alone is a red flag for me. The other financial/work conditions means you should run away from that position.
Others are right on the money: the contract is rancid.
DON'T try to renegotiate. They will lie through their teeth and promise the moon. I am NOT talking from personal experience but from MANY others. In negotiating in Korea you have to look at what's being offered before expressing your needs. And if what is suggested isn't in the ballpark at least of what you're looking for, then simply look elsewhere. There are a THOUSAND job openings in any given month here. I can put you in touch with two or three hundred of them if your recruiter doesn't. Use other recruiters if that one is handing you contracts like that.
120 hours maximum, plus set rate for overtime, plus guaranteed salary base of minimum 2.0 mill. |
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inspector gadget

Joined: 11 Apr 2003 Location: jeollanam-do in the boonies
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Posted: Wed Jun 21, 2006 4:34 am Post subject: |
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run man run, don't accept that contract.
Tongyeung is a cool place but that contract bites |
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melvaughn
Joined: 11 May 2006
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Posted: Wed Jun 21, 2006 5:33 am Post subject: |
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Thanks for the help. I've talked to one of the teachers who loves the school and renewed his contract (it's also an ECC school) but he is also a new teacher and doesn't exactly have anything else to compare with.
VanIslander, I sent you a PM.
If anyone at all has any better contracts then this one, PM me since I'm not using any recruiters and have no idea which schools are decent or where to look. |
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Octavius Hite

Joined: 28 Jan 2004 Location: Househunting, looking for a new bunker from which to convert the world to homosexuality.
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Posted: Wed Jun 21, 2006 5:42 am Post subject: |
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Look for a public school, i can't say enough about public schools, if you can avoid them don't go near hogwons. And that contract, you'd have to be blind, deaf, dumb and retarded to accept it. |
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Grotto

Joined: 21 Mar 2004
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Posted: Wed Jun 21, 2006 6:41 am Post subject: |
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English Center for Children
EMPLOYMENT AGREEMENT
This EMPLOYMENT AGREEMENT has been made this 2006 by and
between Tongyoung Sisa Language Institute ; a Korean company having its office at
1028-2 Mujun dong, Tongyoung City Korea. (hereinafter referred to as "employer");and ______________ , a citizen of ___________ whose domicile is at
_____________________________________
(hereinafter referred to as "employee").
Employer and employee, in consideration of the mutual promises and covenants
contained herein, agree as follows:
1. Employee hereby accepts employment from employer to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement.
2. The "Place of Employment" is at the address above. Employee may be required to reach outside the place of employment. In such case, employee will be reimbursed for travel expenses incurred beyond those expenses normally incurred in travel from the employee's home to the place of employment.
Okay first of all why would you have to "reach" outside the place of employment .....teaching at any other location needs approval from immi!
3. Term of Agreement
3.1 The "term of this agreement" shall include orientation time, twelve (12) full and consecutive teaching sessions, and all scheduled vacations
and holidays which fall between or during teaching sessions. The total
term of this agreement is approximately one year, commencing from the
first day of orientation ____ and finishing on the last teaching day of employee's twelfth teaching session. (___________ ㅡ____________)
The contract is for one year, 365 days and has nothing to do with teaching sessions or orientation time! Thats the legal duration of an E2 visa.
3.2 Employee agrees to discontinue residence in Korea under the visa status sponsored by employer within five days of termination of employment.
3.3 Periods of employment of employee beyond that covered by this agreement must be agreed to by employee and employer, in writing, at least three months before the expiration of the term of this agreement.
Wow three months thats extreme!
4. Duties
4.1 During the term of this agreement, the employee will be required to prepare for, teach, and carry out all required administrative duties (such as evaluation cleaning, decorating etc) connected with classes assigned by the employer.
No way! Cleaning that could mean anything! Since when did decorating and cleaning become an administrative duty>?
No regular schedule of work hours can be guaranteed to employee.
Deal breaker right here....split shifts, changes in schedules makes for a very big red flag!
Employee agrees to attend meetings and training workshops of matters relating to employee's duties and the institute's operation, or to assist in employee's professional development.
Again could mean anything! Not a good clause!
No payment in excess of or in addition to employee's monthly salary will be made for attending meetings carrying out all required administrative duties (such as evaluation, cleaning, decorating etc) or workshops scheduled by employer.
No pay....no play!
4.2 The minimum teaching requirement shall be 157Times(1time=40 minutes),=105hr per month.
That should read maximum....not minimum! Lets look at this reallistically shall we? 5 or 10 minute break in between classes? Thats 125-131 hours at the school minimum! Thats more than the standard 120 hours! Thats 8 classes a day too many! Now add in the 1.5 hours a day they want you there before classes start for prep your hours jump to 155-161...not good!
Monday through Friday are teaching days except for scheduled public
holidays and vacation days. There are no teaching on Weekends.
4.3 The employer will have the authority to require employee to perform any classroom duties in excess of the minimum teaching requirement (such excess hereinafter called "overtime"), but the employer will not have the authority to require employee to teach more than 157times(= 105hr ) each month, unless employee consents thereto. Only teaching periods in excess of the minimum teaching requirement and approved by the employer are considered overtime. Employee will be paid at the rate of 20,000Won for each teaching period of overtime.
contradictory....they have the authority to require you.......but only if you consent
One overtime teaching period corresponds to forty minutes.
4.4 The employer has the authority to assign employee some non-teaching hours, within the limits on total work hours set forth herein above.
Not a chance! You were hired to teach and just what would these 'non-teaching hours' mean?
4.5 At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be, established by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.
delete bolded.....the rules and regulations need to be attached to the contract....dont allow them to change things in the future at their whim!
4.6 Employee agrees to dress appropriately at all times when teaching or when present on the premises of the place of employment and to follow the advice, directives and policies of employer regarding what constitutes appropriate dress.
Should be listed clearly in the contract!
4.7 Employee understands and agrees that, at all times during the term of this agreement, employee will strictly adhere to and obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.
4.8 Employee agrees to be present at the place of employment at least one and a half hours before the commencement of each day's allocated teaching schedule to allow time for organization of teaching materials and preparation for the day's lessons.
Extreme....half an hour fine....but 1.5 hours not a chance! Unpaid work!
5. Compensation and Other Treatment of Employee
5.1 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an international airport which is mutually agreed to by employer and employee (henceforth referred to as point of departure). On completion of the full contract period, employer will provide for the employee an economy class ticket for passage from Korea to point of departure. The return air ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment. agreement with employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets which are not used by employee. If the Instructor is dismissed or leaves the Institute voluntarily during the first six months of employment, s/he will reimburse the Institute for the cost of air transportation to Korea. The Institute will provide a receipt from the travel agency from which the ticket was purchased.
If you continue employment you should get cash value for a round trip ticket as a rehiring bonus
5.2 Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake orientation and training intended to provide employee with the requisite familiarity with institute operation and policies and to ensure that employee possesses adequate knowledge and skills related to duties of employment.
How long after arrival? How long is the orientation? Paid?
5.3 Salary: Employer will pay employee as compensation for all services rendered a monthly salary of 2,000,000Won for each month of the contract period with employer. "Month" and "Monthly" refer to a session (4weeks) of the ECC calendar. Salary will commence from the first day of teaching. Payment for part of a month of employment will be calculated on the number of the days of employed. Payment of the aforesaid salaries will be made in Won. Korean income taxes and Korean National Pension Scheme deductions will be withheld.
Pay is low for the workload! Salary should start at the beginning of work(orientation)....payday should be at the end of the month(no later than the 5'th) Taxes on 2 mil are about 1.5% and pension is 4.5%.....there should also be mention of NHIC health care 2.24%
Monthly salary payments will be made on or before the eighth day of the
month following the month during which the employment services were
provided.
5.4 Severance Payment: Dependent upon completion of the full contract period, the employee will be given an additional regular monthly salary payment.
Korean severance tax will be withheld. In the event that the employee does not renew or extend employment under a subsequent employment agreement with employer, this payment will be made at the time of completion of the contract period.
5.5 Holidays and Vacation: Employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are at least ten vacation days in each calendar year (January-December). Public holidays and vacations can only be taken as scheduled. Employee will not be paid for these holidays and vacation days.
Gotta be a typo! Its illegal not to pay for public holidays!
5.6 Absence from Duties: Salary is not maintained when employee is absent from teaching duties. In the event that employee is absent from duties for whatever reason, monthly salary will be reduced according to the length of the absence.
Nope! Salary is salary and no other deductions will be taken off!
Reductions will be based on basic salary rate. Transference of teaching duties by employee to persons other than employee is not possible without the permission of employer.
5.7 Emergency Leave: Employee will be eligible to receive up to six (6) days of paid emergency leave in the event of death or serious illness in employee's immediate family. The immediate family of employee for the purpose of this paragraph will include only parents, grandparents, grandchildren, spouse, children, brothers and sisters. Such emergency leave will be granted at the sole discretion of employer. The employee will bear the cost of transportation in the event of a need for emergency leave. Payment for emergency leave will only be made in the event that the employee resumes duties with the employer.
5.8 Medical Insurance: Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The costs of this coverage will be borne half by employer and half by employee. Payment will be made by monthly deduction from employee's salary, at present 1.5%, and a like amount contributed by employer. Coverage commences from date of joining the KMIU. Due to requirements from the immigration and taxation departments, coverage will commence approximately three to four weeks after arrival in Korea.
5.9 Accident Compensation: In the event that employee sustains injuries from an accident or mishap during the course of normal work duties, or within the premises of place of employment, employer agrees to pay all medical and hospital costs which are in excess of those covered by medical insurance. In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.
5. 10 Housing
5.10.1 Employer will select and provide furnished living accommodation for employee. The accommodation may be one-bedroom apartment, or one bedroom house.
The housing is private, and not shared.
Furnishings provided by employer for common use by employee include : A kitchen table and chairs, a two-burner gas hot plate, a refrigerator, a telephone, a television, and a washing machine, A bed, a wardrobe, and a fan.
you want air con listed....as well as kitchen utensils!
5.10.2 The cost of monthly service, utility, and telephone charges for accommodation provided by employer will be paid by employee.
5.10.3 Employee agrees to pay employer a housing management deposit to cover unpaid monthly service, utility, and telephone charges. Such deposit amounting to 600,000 Won and being payable to employer in three equal installments will be deducted from the salary during the first three months of employment with employer. Dependent on a written guarantee from a guarantor acceptable to employer, employer agrees that the deposit will be returned, in full, to the employee at the time of completion of employee's period of employment with employer, including any period of employment beyond that covered by this agreement. In the absence of such written guarantee, employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid. In the event that employer makes payments covering monthly service, utility, and telephone charges on behalf of employee, the amount of such payments will be deducted from the deposit and the remainder of the deposit returned to employee. Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.
Do not agree to deposits....change it to: you will provide monthly reciepts showing payment has been made.....you would have to chock up huge bills to warrent 600,000 won!
6. Dismissal or Voluntary Resignation
6.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, including neglect of duties. Prior to any such dismissal, employee will be warned of dissatisfaction with performance or conduct and will be afforded an appropriate period in which to remedy the same. Employee agrees to give official notice of employee's resignation to the director at least 2 months before termination of contract with ECC in order to allow ECC time to recruit a replacement teacher.
1 month is adequate!
6.2 Employer will have the right to dismiss employee for conduct seriously
jeopardizing any student or staff person, or for criminal activity. In such
instances, employer has the right under this agreement to execute immediate dismissal and no warning nor time for remedy need be allotted.
Sorry but by law you have to give the employee 30 days notice!
6.3 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will be obligated to pay all salary due to date of termination.
Employer will have no duty and will not be obligated to pay the cost of return transportation to point of departure for employee, nor will employer be obligated to pay any severance pay. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of air fare provided for travel to Korea.
After 6 months this cost should be wiaved!
6.4 In the event that war, civil disturbances, or political conditions prompt a directive from the government of the Republic of Korea or the government of employee's citizenship to leave Korea, this employment agreement will be terminated as of the date of such directive. In such case, employer will provide to employee an air ticket to point of departure, irrespective of length of employment period. All salary due at date of termination will be paid. Pro-rated severance pay will be given for periods of employment of less than twelve months.
7. Covenants
7.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. Failure to comply with this article is cause for immediate dismissal.
7.2 Employee hereby agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by employer.
7.3 Unless agreed to in writing, the employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer.
8. Merger Clause : agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof, and supersedes all previous negotiations, commitments, and writings with respect hereto. No modification of this agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties hereto. Furthermore, this contract nullifies and voids any previous contract between the two parties.
9. Merger Clause : Employee will indemnify and hold harmless
employer and employer's representatives from any damages which employee may sustain, in any manner, through the misconduct or negligence of employee.
10. Waiver : The failure of either party at any time to enforce the terms,
provisions, or conditions of this agreement will not be construed as a waiver of the same or of the right of such party to enforce the same.
11. Governing Language and Jurisdiction : This agreement has been drawn up and has been executed in the English language; and the English language text of this agreement will govern and prevail over any translation thereof. This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement.
Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.
Employer Employee
Typical ECC contract
Red flags for me are:
the sheer amount classes(8 per day)
Unpaid holidays(illegal)
No set schedule
No sick days
Teaching at other locations
cleaning and decorating...dont belong in a contract(unless you're a janitor)
Bad airfare clause! |
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