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Opinions on this contract?

 
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cgroch



Joined: 22 Jun 2006

PostPosted: Sat Jun 24, 2006 1:40 pm    Post subject: Opinions on this contract? Reply with quote

I thought I'd let some of you veterans take a stab at this contract. Let me know what you think!

Ⅰ. Period of Employment
The instructor will be employed by the institute for the following dates.
From 15th July 2006 To 14th July 2007 . .

Ⅱ. Schedule
The number of regular teaching hours will be 36 hours per week. Class will be held from Monday to Saturday class and teachings are scheduled in accordance with the needs of the Institute; however, reasonable efforts will be made to accommodate Employee's requests. Current daily schedule of the institute is from 5:40pm �11:40pm from Monday to Friday and Saturday is from 2:30pm � 8:30pm

Ⅲ. Pay
Employer agrees to pay Employee monthly salary 2.5 million Korean Won.
Pay period begins on the first day and ends on the last day of each month, and the monthly salary is paid on the _____ of the month following each pay period. However, on the last month of the contract term, the monthly salary and severance pay is to be paid on the last day of the contract term.
B. Overtime rate for the each hour worked over and above 36 hours per week is 20,000 won per hour.
C. Bonus/Severance Payment: Employee will be given an additional one/twelfth of annual salary for completing the contract period. This amount will be paid at that time of completion of the full contract term.
D. Korean income tax will be deduced from the salary according to Korean tax law
(currently 3~5%)

Ⅳ. Airfare
Employer agrees to provide Employee a round trip ticket. However, in the event the Employee fails to complete 6 months term of the contract employee agree to reimburse Employer the cost of the said initial one way portion of the airfare. For a local hire Employer will provide a visa run cost and the return ticket at the end of the contract.

Ⅴ. Accommodation
Employer agrees to provide housing suitable for a couple Employees. Employee is responsible for the payment of the utilities.

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

Ⅶ. Instructor's duties
A. English teacher/ Instructor:
Employee as an English teacher, will direct and guide the students in conversational English, and as such, minimal class preparation is required. Employee will be provided with the books and teaching materials necessary to conduct the class. Employee is expected to conduct the class without assistance.

B. Native English speaker:
Employee, as a native speaker, will instruct the students in pronunciation exercises. Employee will be provided with the necessary material to conduct such exercises. Employee may be assisted by a Korean English teacher. Employee also agrees to participate in the monthly field trip.

C. The instructor will set a good positive example at all times. The instructor will follow set class schedules and will not dismiss class, cancel classes, start classes late without the approval of the director. The instructor should be good health.

D. Dress code: Employee is expected to dress in a clean cut, professional attire, preferably a tie, button up shirts, khaki pants, skirts, dress shirt, etc. No torn, worn-out, or revealing clothes or open-toe shoes are acceptable.

Ⅷ. Holidays/annual leave/tardiness notification procedures:

A. Vacation: There are 2 mid terms and 2 finals in a year for the public school test periods. The employee will be off those days with pay (100% of the salary for 2weeks off vacation, 75% of the salary for 3 weeks off vacation)
C. Unpaid leave: Unpaid leave is permitted only under extreme and unusual circumstance. Extreme and unusual circumstance includes, but not limited to, death or serious illness of self or immediate family member. Upon presentation of proper notice and proof to the Employer, Employee may be granted up to seven days of unpaid leave.
3 of 3
D. Sick leave: Employee is permitted up to 3 days of paid sick leave per year. Unused sick leave may not be taken as annual leave. In order to be eligible for paid sick leave, when Employee is unable to attend class due to illness, he or she shall notify Employer, with an accompanying proof of illness from a physician, at least a half an hour prior to the commencement of the class. If Employee fails to notify Employer with proper of illness, the employer has the right to deduct one day's pay for every day the employee is absent from work.

Ⅸ. Release from contract
Both parties have the right to make the contract null and void fewer than one of the following circumstances:
A. The health of the Employee is such that it is deemed impossible for the Employee to continue work
B. Blatant misconduct by Employee either professionally or otherwise
C. Employee or dependants violate Korean law
D. In the event of war, civil strife, or other disturbances or matters that are deemed by either the Employee's government or Korean government as being unusual and of adequate reason for leaving the country, provided that official document from respective embassies presented.

Notification Requirement: Employer or Employee may annual the contract by giving a minimum of one month advance notice in writing. In the case of Employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment include but not limited to, persistent blatant and gross misconduct, conducting classes under the influence of intoxicants, continual absence and/or tardiness for classes. If Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms as they are required to complete according to the contract.
Ⅹ. Legal action
If there is a dispute between the parties involved in this contract, parties agree to the final judgment of a Korean civil court, or Korean civil law, whatever the final decision may be. If at anytime Employee leaves Institution without giving prior notice and without going through the appropriate procedures, Employer has the right to pursue legal actions, for damages and attorney fees, against Employee. If Employee has left Korea altogether, Employer has the right to pursue legal actions outside of Korea.
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Grotto



Joined: 21 Mar 2004

PostPosted: Sat Jun 24, 2006 2:27 pm    Post subject: Reply with quote

Ⅰ. Period of Employment
The instructor will be employed by the institute for the following dates.
From 15th July 2006 To 14th July 2007 . .

You want the full name and address of the school listed here.

Ⅱ. Schedule
The number of regular teaching hours will be 36 hours per week. Class will be held from Monday to Saturday class and teachings are scheduled in accordance with the needs of the Institute; however, reasonable efforts will be made to accommodate Employee's requests. Current daily schedule of the institute is from 5:40pm �11:40pm from Monday to Friday and Saturday is from 2:30pm � 8:30pm

long hours and weekends....if you like that kind of work for an entire year go for it!

Ⅲ. Pay
Employer agrees to pay Employee monthly salary 2.5 million Korean Won.
Pay period begins on the first day and ends on the last day of each month, and the monthly salary is paid on the _____ of the month following each pay period. However, on the last month of the contract term, the monthly salary and severance pay is to be paid on the last day of the contract term.

Payday should be no later than the 5'th...salary is ok...BUT....thats alot of teaching!

B. Overtime rate for the each hour worked over and above 36 hours per week is 20,000 won per hour.

go for classes not hours
.

C. Bonus/Severance Payment: Employee will be given an additional one/twelfth of annual salary for completing the contract period. This amount will be paid at that time of completion of the full contract term.
D. Korean income tax will be deduced from the salary according to Korean tax law
(currently 3~5%)

Not more than 3! Didnt check monthly withholding on 2.5 but it sure as hell aint 5%

Ⅳ. Airfare
Employer agrees to provide Employee a round trip ticket.

From where to where? You want your nearest international airport to your home to Korea and back!

However, in the event the Employee fails to complete 6 months term of the contract employee agree to reimburse Employer the cost of the said initial one way portion of the airfare. For a local hire Employer will provide a visa run cost and the return ticket at the end of the contract.

Ⅴ. Accommodation
Employer agrees to provide housing suitable for a couple Employees. Employee is responsible for the payment of the utilities.

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

2.24% each!

Ⅶ. Instructor's duties
A. English teacher/ Instructor:
Employee as an English teacher, will direct and guide the students in conversational English, and as such, minimal class preparation is required. Employee will be provided with the books and teaching materials necessary to conduct the class. Employee is expected to conduct the class without assistance.

B. Native English speaker:
Employee, as a native speaker, will instruct the students in pronunciation exercises. Employee will be provided with the necessary material to conduct such exercises. Employee may be assisted by a Korean English teacher. Employee also agrees to participate in the monthly field trip.

as long as it falls within regularily scheduled hours(travel time included)

C. The instructor will set a good positive example at all times. The instructor will follow set class schedules and will not dismiss class, cancel classes, start classes late without the approval of the director. The instructor should be good health.

D. Dress code: Employee is expected to dress in a clean cut, professional attire, preferably a tie, button up shirts, khaki pants, skirts, dress shirt, etc. No torn, worn-out, or revealing clothes or open-toe shoes are acceptable.

Ⅷ. Holidays/annual leave/tardiness notification procedures:

A. Vacation: There are 2 mid terms and 2 finals in a year for the public school test periods. The employee will be off those days with pay (100% of the salary for 2weeks off vacation, 75% of the salary for 3 weeks off vacation)

It should be full salary regardless of vacation...thats 625K out of your pocket....on the flip side thats not bad vacation time

C. Unpaid leave: Unpaid leave is permitted only under extreme and unusual circumstance. Extreme and unusual circumstance includes, but not limited to, death or serious illness of self or immediate family member. Upon presentation of proper notice and proof to the Employer, Employee may be granted up to seven days of unpaid leave.
3 of 3
D. Sick leave: Employee is permitted up to 3 days of paid sick leave per year. Unused sick leave may not be taken as annual leave. In order to be eligible for paid sick leave, when Employee is unable to attend class due to illness, he or she shall notify Employer, with an accompanying proof of illness from a physician, at least a half an hour prior to the commencement of the class. If Employee fails to notify Employer with proper of illness, the employer has the right to deduct one day's pay for every day the employee is absent from work.

Illegal deduction! You also shouldnt have to provide a doctors note unless you miss 2 or more days!

Ⅸ. Release from contract
Both parties have the right to make the contract null and void fewer than one of the following circumstances:
A. The health of the Employee is such that it is deemed impossible for the Employee to continue work
B. Blatant misconduct by Employee either professionally or otherwise
C. Employee or dependants violate Korean law
D. In the event of war, civil strife, or other disturbances or matters that are deemed by either the Employee's government or Korean government as being unusual and of adequate reason for leaving the country, provided that official document from respective embassies presented.

Notification Requirement: Employer or Employee may annual the contract by giving a minimum of one month advance notice in writing. In the case of Employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment include but not limited to, persistent blatant and gross misconduct, conducting classes under the influence of intoxicants, continual absence and/or tardiness for classes. If Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms as they are required to complete according to the contract.
Ⅹ. Legal action
If there is a dispute between the parties involved in this contract, parties agree to the final judgment of a Korean civil court, or Korean civil law, whatever the final decision may be. If at anytime Employee leaves Institution without giving prior notice and without going through the appropriate procedures, Employer has the right to pursue legal actions, for damages and attorney fees, against Employee. If Employee has left Korea altogether, Employer has the right to pursue legal actions outside of Korea.

sure they have the right....everyone does....bit of a weird clause....makes you wonder if the previous teacher left under less than stellar circumstances? Make sure you talk to them~!

Lots of hours....6 days a week is rough...especially for a year....i'd ask for more money myself!
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Sat Jun 24, 2006 4:12 pm    Post subject: Reply with quote

A couple of things (to add to what Mr. Grotto said)


Regarding V. Make sure that is single only housing. The way it is worded they could stick another teacher in there with you. Insist on your own place. Believe the last thing you want to do, is hang around with people or a person you work all day with.



Regarding X. I'd insert a clause saying that I had the right to pursue legal action if the contract was in any way violated.
As for pursuing legal action outside of Korea, I doubt it. Even if he spent all the money to fly to your home country and pursue a lawsuit against you, if you were unemployed there's no way he could get money from you. And as a citizen you'd be entitled to legal aid, while he'd have to pay a lawyer. He's not going to spend thousands of dollars on airfare and lawyers if there's no prospect of getting money. That clause is there simply for intimidation.
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cgroch



Joined: 22 Jun 2006

PostPosted: Sat Jun 24, 2006 4:40 pm    Post subject: Reply with quote

I guess I should have mentioned that I'm going with my boyfriend, so they're placing us as a couple, so aside from being really vague, the housing thing should be okay.

In regards to the long work week, I figure I'm trading in my Saturdays for close to 2-3 months vacation time! That doesn't sound too bad now, does it?
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Grotto



Joined: 21 Mar 2004

PostPosted: Sat Jun 24, 2006 6:27 pm    Post subject: Reply with quote

maybe i'm just blind but 5 weeks does not make 2-3 months vacation!
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cgroch



Joined: 22 Jun 2006

PostPosted: Sat Jun 24, 2006 6:53 pm    Post subject: Reply with quote

midterms and finals, each semester, which makes twice a year, ten weeks total, 2.5 months all together.
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Pak Yu Man



Joined: 02 Jun 2005
Location: The Ida galaxy

PostPosted: Sat Jun 24, 2006 9:25 pm    Post subject: Reply with quote

Plus there are a lot of extra days off if this is an elementary or middle school. Even more if it's a high school. But Saturdays??????? That's harsh and the hours are way too long.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Sun Jun 25, 2006 2:41 am    Post subject: Reply with quote

Pak Yu Man wrote:
Plus there are a lot of extra days off if this is an elementary or middle school. Even more if it's a high school. But Saturdays??????? That's harsh and the hours are way too long.


It's a hakwon not a public school. There are not likely to be any extra days off, besides the vacation and holidays/Sundays.
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Son Deureo!



Joined: 30 Apr 2003

PostPosted: Sun Jun 25, 2006 3:24 am    Post subject: Reply with quote

I'm not sure that's a tradeoff I'd be willing to make, all of my Saturdays for ten weeks of vacation time plus an extra half million a month, but I can understand why some people might be willing to.

If I wanted the money that badly I'd find a decent five day a week job (elementary school after school program, decent hogwon, etc.) and make up the difference with privates and take the vacation time between contracts.

To each his own, I guess.
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John Henry



Joined: 24 Sep 2004

PostPosted: Sun Jun 25, 2006 4:03 am    Post subject: Reply with quote

I see a job that requires thirty some odd hours a week including Saturdays.

Not acceptable in my book.
And I get a similar salary and vacation.


You'lll ne hurting f you take this.
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alabamaman



Joined: 25 Apr 2006

PostPosted: Sun Jun 25, 2006 4:28 am    Post subject: Re: Opinions on this contract? Reply with quote

cgroch wrote:
I thought I'd let some of you veterans take a stab at this contract. Let me know what you think!

Ⅰ. Period of Employment
The instructor will be employed by the institute for the following dates.
From 15th July 2006 To 14th July 2007 . .

Employment commences from the issue date until your expiry date on your E2 Visa. Make sure there is contractual language stating exactly that. You will also want contractual language stating that, "The employee shall work for the employer when the employee has been issued an E2 Visa from Korean Immigration Officials." Employers have built themselves a reputation for pressuring new teachers into teaching while on a Tourist Visa. Immigration will deport you, slap you with a fine, and interrogate you!

Ⅱ. Schedule
The number of regular teaching hours will be 36 hours per week. Class will be held from Monday to Saturday class and teachings are scheduled in accordance with the needs of the Institute; however, reasonable efforts will be made to accommodate Employee's requests. Current daily schedule of the institute is from 5:40pm �11:40pm from Monday to Friday and Saturday is from 2:30pm � 8:30pm



Ⅲ. Pay
Employer agrees to pay Employee monthly salary 2.5 million Korean Won.
Pay period begins on the first day and ends on the last day of each month, and the monthly salary is paid on the _____ of the month following each pay period. However, on the last month of the contract term, the monthly salary and severance pay is to be paid on the last day of the contract term.
B. Overtime rate for the each hour worked over and above 36 hours per week is 20,000 won per hour.

Overtime should be at 25,000 Korean Won per hour.

C. Bonus/Severance Payment: Employee will be given an additional one/twelfth of annual salary for completing the contract period. This amount will be paid at that time of completion of the full contract term.
D. Korean income tax will be deduced from the salary according to Korean tax law
(currently 3~5%)

How much money will your 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


Ⅳ. Airfare
Employer agrees to provide Employee a round trip ticket. However, in the event the Employee fails to complete 6 months term of the contract employee agree to reimburse Employer the cost of the said initial one way portion of the airfare. For a local hire Employer will provide a visa run cost and the return ticket at the end of the contract.

You shouldn't have to repay the employer if you've terminated the contract in accordance with Article 26 of Labor Standards Act.

How much was the airfare?

Ⅴ. Accommodation
Employer agrees to provide housing suitable for a couple Employees. Employee is responsible for the payment of the utilities.

If you want single housing, then get it written in the contract. The accomodation clause is poorly written. The following below should be written in this contract.

single housing
rent
air conditioner
bed
bedding
sheets
desk
table
dining set
TV
washing machine
clothes rack
pots
pans
dishes
phone
fridge
stove


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

Korean National Insurance Plan
*How much will your employer deduct from your monthly salary?
*What % of your monthly salary will your employer deduct? (2.24%)
*When will you be presented with your insurance card?
*When will your employer enroll you in the KNHIP?
*How much will your employer contribute every three months?


http://www.nhic.or.kr/wbe/faq/faq.html




Ⅶ. Instructor's duties
A. English teacher/ Instructor:
Employee as an English teacher, will direct and guide the students in conversational English, and as such, minimal class preparation is required. Employee will be provided with the books and teaching materials necessary to conduct the class. Employee is expected to conduct the class without assistance.

B. Native English speaker:
Employee, as a native speaker, will instruct the students in pronunciation exercises. Employee will be provided with the necessary material to conduct such exercises. Employee may be assisted by a Korean English teacher. Employee also agrees to participate in the monthly field trip.

C. The instructor will set a good positive example at all times. The instructor will follow set class schedules and will not dismiss class, cancel classes, start classes late without the approval of the director. The instructor should be good health.

D. Dress code: Employee is expected to dress in a clean cut, professional attire, preferably a tie, button up shirts, khaki pants, skirts, dress shirt, etc. No torn, worn-out, or revealing clothes or open-toe shoes are acceptable.

Ⅷ. Holidays/annual leave/tardiness notification procedures:

A. Vacation: There are 2 mid terms and 2 finals in a year for the public school test periods. The employee will be off those days with pay (100% of the salary for 2weeks off vacation, 75% of the salary for 3 weeks off vacation)

75% of the salary for 3 weeks off vacation Laughing

C. Unpaid leave: Unpaid leave is permitted only under extreme and unusual circumstance. Extreme and unusual circumstance includes, but not limited to, death or serious illness of self or immediate family member. Upon presentation of proper notice and proof to the Employer, Employee may be granted up to seven days of unpaid leave.
3 of 3

I'm not quite sure what this 3 of 3 means. Ask for 5 days.

D. Sick leave: Employee is permitted up to 3 days of paid sick leave per year. Unused sick leave may not be taken as annual leave. In order to be eligible for paid sick leave, when Employee is unable to attend class due to illness, he or she shall notify Employer, with an accompanying proof of illness from a physician, at least a half an hour prior to the commencement of the class. If Employee fails to notify Employer with proper of illness, the employer has the right to deduct one day's pay for every day the employee is absent from work.

Ⅸ. Release from contract
Both parties have the right to make the contract null and void fewer than one of the following circumstances:
A. The health of the Employee is such that it is deemed impossible for the Employee to continue work
B. Blatant misconduct by Employee either professionally or otherwise
C. Employee or dependants violate Korean law
D. In the event of war, civil strife, or other disturbances or matters that are deemed by either the Employee's government or Korean government as being unusual and of adequate reason for leaving the country, provided that official document from respective embassies presented.

Notification Requirement: Employer or Employee may annual the contract by giving a minimum of one month advance notice in writing. In the case of Employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment include but not limited to, persistent blatant and gross misconduct, conducting classes under the influence of intoxicants, continual absence and/or tardiness for classes. If Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. Employee may seek annulment in cases where the employer does not complete the terms as they are required to complete according to the contract.

Change this mumbo jumbo: "Employee may seek annulment in cases where the employer does not complete the terms as they are required to complete according to the contract." to "Employee may terminate his/her contract in accordance with Article 26 of the Labor Standards Act."

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