Korean Job Discussion Forums

[jellybean4]

Here's the contract I was given. Is it just me, or is it extremely vague. Also, I am planning on working part time for them with around 20 classes a week, and they didn't change the language in the contract to reflect that. Also, I guess according to immigration laws, a person working less than 40 hours can't recieve a work visa, so the school is providing a different contract for immigration. What should I do? Is there any way that I can legally work part-time?

1.0 Employer and employee agree as follows:
Employee accepts employment from employer to teach the English language under the terms and conditions set forth here in this agreement for a period of twelve full and consecutive teaching sessions. Employment commences from the first day of session instruction September 1, 2006 � August 31, 2006 and finishes on the last teaching day of the last teaching session covered under this agreement. (The employee will arrive 14 - 17 days prior to the starting date for training and orientation)

Duties

2.1 During the term of this agreement, employee is required to prepare, teach, and carry out all required administrative duties connected with classes assigned by employer. The minimum teaching requirement is 120 / 50-minute classes per month. (100 actual teaching hours) Monday through Friday are teaching days except for scheduled public holidays and vacation days. The employee will be required to teach up to 8 Saturdays during the contractual term at the rate of 25,000 won per each 50-minute period. Employer will have the authority to require employee to perform paid teaching duties in excess of the minimum teaching requirement (six, actual 50-minute classes per day), such excess being no more than an average of two classes per day.
2.2 Total teaching hours in excess of the minimum requirement are calculated in each session as overtime payment.
2.3 Payment made for assigned teaching hours is inclusive of payment for preparation and administrative duties connected with the assigned classes. Employee agrees to take orientation and training, attend meetings and seminar/ workshops scheduled by employer with no overtime pay.
2.4 Employee is responsible for the return of all teaching materials (including textbooks, tapes, CD�s, tape players) on a session basis. 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

Compensation and Other Treatment of Employee

3.1 Salary: Employer will pay employee an hourly salary of 20,000 won. The yearly salary will be divided into 13 payments with 2 payments made on the last day of the last teaching session. No part of the thirteenth payment will be paid unless the employee completes the full (12-session) one-year contract. Teaching salary will commence from the first day of teaching. When an employee is absent from scheduled teaching duties, salary will be deducted according to the employee�s overtime rate. Korean income taxes and Korean National Pension Scheme deductions will be withheld. Salary payments will be made on or before the seventh day of the month following the teaching session during which the services were provided.
3.2 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an international airport 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 employee an economy class ticket for passage from Korea to point of departure. In the event that 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) only. For employees hired in Korea, a visa run to Japan will be arranged and paid for by the employer. Air ticket provided cannot be exchanged for cash equivalent or transferred to persons other than employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets not used by employee.
3.3 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. In addition, there are between eight to ten (8-10) vacation days in each calendar year.
3.4 Sick Leave: Salary is maintained, according to the limitations below, when employee is absent from teaching duties because of illness. For an employment term of twelve sessions, the sick leave allowance is 6 (six) 50-minute teaching periods. The value of unused sick leave remaining at the completion of this agreement will be paid to employee at the employee�s overtime rate.
3.5 Medical Insurance: Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by employer and half by employee. Employee�s share of this coverage will be deducted monthly from employee's salary.

3.6 Non Payment of Accident Compensation: 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.

Dismissal or Voluntary Resignation

4.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity.

4.2 In the event that the employee is dismissed, the employer will do so with a minimum of a 30 day notice and pay salary due as of date of termination. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding the cost of airfare provided for travel to Korea, In the event that employee was recruited in South Korea and it was necessary for employee to leave South Korea and return to obtain a visa. Employer will be entitled to withhold from the final salary payment the cost of the round trip together with any other expenses incurred by the employer in connection there with. Should the employee fail to fulfill the obligation for the 30 days, the employee will be held responsible for all tuition refunds If there is a need to close the employee�s classes in the middle of the session.

4.3 In the event that the employee voluntarily resigns prior to the termination of the term of this agreement, the employee will do so with a minimum of a 30 day notice and be paid salary due as of date of termination of the contract. Employer will not pay the cost of return transportation to point of departure for employee. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare provided for travel to Korea. In the event that the employee was recruited in South Korea and it was necessary for employee to leave South Korea and return to obtain a visa, employer will be entitled to withhold from the final salary payment the cost of the round trip together with any other expenses incurred by the employer in connection therewith. Should the employee fail to fulfill the obligation for the 30 days, the employee will be held responsible for all tuition refunds if there is a need to close the employee�s classes in the middle of the session.

[jellobean]

If you are going to be part time and want to avoid any "part-time" immigration issues, you should have language that says something like

"teacher will work a maximum of......"

and then state that your salary is hourly at xx,xxx won per hour...

Also include working hours that say when those classes can be held....
"all classes will be conducted M-F (or m-Sat although I don't suggest agreeing to work Saturdays) between blah and blah hours...
Also perhaps note that all classes will be blocked (if that is what you have agreed to)....

One other note, you can have 100 hours per month (I've seen numerous jobs recently that offer 100 hour maximums) and note elsewhere that "an hour" consists of one 40min class...

Don't sign anything that is not exactly what you agreed to....

[jellybean4]

Thanks for the advice. The thing is, I really wanted to work with adults, but I'm beginning to think that if Korean children are more well-behaved than Japanese children (and I mean high school students who act like sixth graders... ) then junior high might not be too bad either. I guess full time might not be that bad...

[Grotto]

1.0 Employer and employee agree as follows:
Employee accepts employment from employer to teach the English language under the terms and conditions set forth here in this agreement for a period of twelve full and consecutive teaching sessions. Employment commences from the first day of session instruction September 1, 2006 – August 31, 2006 and finishes on the last teaching day of the last teaching session covered under this agreement. (The employee will arrive 14 - 17 days prior to the starting date for training and orientation)

2 weeks orientation is extremely long! As you have experience teaching ESL I would want this removed or changed to 2-3 days!(also dont start work or even orientation without your visa in your passport)

Duties

2.1 During the term of this agreement, employee is required to prepare, teach, and carry out all required administrative duties connected with classes assigned by employer. The minimum teaching requirement is 120 / 50-minute classes per month.

Change to maximum!

(100 actual teaching hours) Monday through Friday are teaching days except for scheduled public holidays and vacation days. The employee will be required to teach up to 8 Saturdays during the contractual term at the rate of 25,000 won per each 50-minute period.

Forced overtime is illegal! Also I would not want to give up any of my Saturdays....however if you dont mind then go for it.

Employer will have the authority to require employee to perform paid teaching duties in excess of the minimum teaching requirement (six, actual 50-minute classes per day), such excess being no more than an average of two classes per day.

Nope

2.2 Total teaching hours in excess of the minimum requirement are calculated in each session as overtime payment.
2.3 Payment made for assigned teaching hours is inclusive of payment for preparation and administrative duties connected with the assigned classes. Employee agrees to take orientation and training, attend meetings and seminar/ workshops scheduled by employer with no overtime pay.

nope work is work whether it mental or physical and that includes orientatioin, training, meetings, seminars and workshops!

2.4 Employee is responsible for the return of all teaching materials (including textbooks, tapes, CD’s, tape players) on a session basis. 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 or may hereafter They cannot change the rules and regulations at a later date to suit themselves...bad clause


Compensation and Other Treatment of Employee

3.1 Salary: Employer will pay employee an hourly salary of 20,000 won. The yearly salary will be divided into 13 payments with 2 payments made on the last day of the last teaching session.

What constitutes an hour? Do you get paid for teaching 120 classes? 2.4 mil...or....is it 120 x 50=6000/60=100x20,000= 2 mil? Thats what I would want written in stone...also do you get paid for national holidays? Vacation?

No part of the thirteenth payment will be paid unless the employee completes the full (12-session) one-year contract. Teaching salary will commence from the first day of teaching. When an employee is absent from scheduled teaching duties, salary will be deducted according to the employee’s overtime rate.

thats stupid....so they pay you 20,000 won an hour to work but deduct 25,000 won an hour when you miss a class.....illegal!

Korean income taxes and Korean National Pension Scheme deductions will be withheld. Salary payments will be made on or before the seventh day of the month following the teaching session during which the services were provided.

Payment should be no later than the 5'th...income tax is between 1.5 and 2%....pension is 4.5% from both employee and employer..health is 2.24% from each too.

3.2 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an international airport 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 employee an economy class ticket for passage from Korea to point of departure.

Not good if you are coming from Japan and want to return home at the end of the contract!

In the event that 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) only. For employees hired in Korea, a visa run to Japan will be arranged and paid for by the employer. Air ticket provided cannot be exchanged for cash equivalent or transferred to persons other than employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets not used by employee.

If you dont use your ticket at the end of the year its value should be given to you in cash(1 mil minimum)

3.3 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. In addition, there are between eight to ten (8-10) vacation days in each calendar year.

Which is it? 8 or 9 or 10? Way too vague(10 is minimum)

3.4 Sick Leave: Salary is maintained, according to the limitations below, when employee is absent from teaching duties because of illness. For an employment term of twelve sessions, the sick leave allowance is 6 (six) 50-minute teaching periods. The value of unused sick leave remaining at the completion of this agreement will be paid to employee at the employee’s overtime rate.

It should be a minimum of 3 days...not 6 periods!

3.5 Medical Insurance: Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by employer and half by employee. Employee’s share of this coverage will be deducted monthly from employee's salary.

3.6 Non Payment of Accident Compensation: 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.

Dismissal or Voluntary Resignation

4.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity.

4.2 In the event that the employee is dismissed, the employer will do so with a minimum of a 30 day notice and pay salary due as of date of termination. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding the cost of airfare provided for travel to Korea, In the event that employee was recruited in South Korea and it was necessary for employee to leave South Korea and return to obtain a visa. Employer will be entitled to withhold from the final salary payment the cost of the round trip together with any other expenses incurred by the employer in connection there with. Should the employee fail to fulfill the obligation for the 30 days, the employee will be held responsible for all tuition refunds If there is a need to close the employee’s classes in the middle of the session.

Airfare should be waived after 6 months. Delete the bolded crap! What a crock of doggy do do!

4.3 In the event that the employee voluntarily resigns prior to the termination of the term of this agreement, the employee will do so with a minimum of a 30 day notice and be paid salary due as of date of termination of the contract. Employer will not pay the cost of return transportation to point of departure for employee. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of airfare provided for travel to Korea. In the event that the employee was recruited in South Korea and it was necessary for employee to leave South Korea and return to obtain a visa, employer will be entitled to withhold from the final salary payment the cost of the round trip together with any other expenses incurred by the employer in connection therewith. Should the employee fail to fulfill the obligation for the 30 days, the employee will be held responsible for all tuition refunds if there is a need to close the employee’s classes in the middle of the session.

Walk away from this crapfest! You would have to be insane to sign garbage like this!

[jellybean4]

That officially confirms what I thought. I thought that a lof of the contract was incredibly vague and toward the end, completely outrageous, but you pointed out lots of stuff that I didn't know. Thank you thank you thank you!!!!