Korean Job Discussion Forums

[Rios]

I'm a newbie that just received my first GARBAGE contract from XXXXX

This is the actual contract with additions that I have included. Feel free to point anything out that I may have overlooked.

Employment Contract
This Employment Contract has been made by and between XXXXX School having its location at XXXXX Korea (hereinafter called Employer) and _________________ whose address is ______________________________________(hereinafter called Employee) for one year employment from September 4th 2006 to September 3rd 2007.

1. Schedule
The regular teaching time will be 120 hours a month (ex: 144classes of 45 minutes class or 160 classes of 40 minutes), Monday through Friday. It includes regular 5 minutes short break time after class but doesn�t include times that are for class preparation, meal, staff meeting and seminar for training. Classes and teaching schedules will be organized by employer and will be flexible in accordance with the special needs and situations of the school and students.

I�ve read to NEVER EVER agree to teaching "X" amount of hours a month. ONLY agree to teach "X" amount of classes a MONTH...NOT "X" amount of hours per week or "X" amount of classes per week.

In addition, I think I read somewhere that my hours should be written clearly on a contract. For example 2:00pm � 8:00pm instead of how it is stated above �Classes and teaching schedules will be organized by employer and will be flexible in accordance with the special needs and situations of the school and students.�

I would need to know how many classes I will be teaching per week! 50 minutes should be classified as a teaching hour!

Some things to point out�
When do I start work?
When do I finish work?
What are the operational hours of the school?
Is there contractual language stating your employer will allow you a recess period of more than 30 minutes for every 4 working hours and more than 1 hour for every 8 working hours during the working hours?


2. Pay/ Overtime
The Employer agrees to pay the Employee a basic salary 2.0 Million won per month. The salary will be regularly paid every month to the Employee.
As for the overtime teaching beyond 120 hours a month, the Employee will be paid 20,000 Korean won per hour (60 minutes). Overtime work except emergency should be informed to employee at least 7 days in advance and employee is to be positive to take it.
Although the Employer taught less than the regular 120 hours per month, the Employee will still be paid a base salary of 2.0 Million won per month.

From my understanding, I should get paid 20,000 Korean won per teaching 40 minute overtime classes or 25,000 Korean won for teaching 50 minute overtime classes. Here, you want me to teach 60-minute overtime classes and get only 20, 000 won � the overtime pay is too little.

It also states that I should agree or �be positive� to accept overtime work. From my understanding, this is forced labor which means it is illegal! In addition, I don�t have to work overtime if I don�t want to!

3. Severance Payment
The Employee will be given a bonus of one month salary, 2.0 Million won as bonus (this means severance payment) for completing one year contract period. This amount will be paid at the time of, and is dependent on, the completion of the full contract term.
4. Air Ticket
Economy class air ticket from the nearest international airport of employee�s home (Chicago) to Korea will be provided to the employee before the employee leave USA on condition of arrival at the working place in Korea. A returning air ticket will be provided to the Employee�s home upon completing of the full contract period. Regardless of the point of departure, the return ticket will be provided to the nearest international airport to the Employee�s home, and not to the point of departure, should they differ. The employer will sponsor visa run to Japan, if it need.
In the event that the Employee continues employment under a subsequent employment agreement with the Employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s).
When the Employee resigns within 6 months from his/her arrival in Korea because of the Employee�s faults, the Employee shall reimburse the Employer the airfare paid at the time of arrival in Korea.
When the Employee resigns after 6 months from the Employee�s arrival in Korea and not completed 1 year contract, the Employer shall not give the Employee a returning ticket to his/ her home country.

From my understanding I have a right to receive money for my return ticket back home upon completion of my 1-year contract. In addition, should I decide to travel to another country and not return back home after I complete my 1-year contract, I should still have the right to receive money for my departure from korea. If money is not given in exchange for air ticket, then I should be able to receive a refundable ticket so that I can cash it in.

5. Housing
The Employer will provide the furnished housing for the employee with the rental at the Employer�s cost as agreed upon by both parties and stated below.
* A private furnished single apartment.
Running cost of the accommodation (including electricity, gas, water bills, telephone and other utility charges) other than the rental of the housing will be paid by the Employee. The Employee is not responsible for the previous occupant�s unpaid bills.
6. Medical Insurance
The Employer agrees to join employee Korean national medical insurance scheme in compliance with Korean labor law. It doesn�t include dental insurance.

Sample health insurance clause
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.

7. Accident Compensation
In the event that the Employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, the Employee understands and agrees that the Employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.
8. Teaching Materials
The Employee will be given materials to teach to the class. And very little reparation time may be given. The Employee may be expected to work alone without a Korean English teacher�s assistance.
9. Holidays/ Sick days/ Lateness/ Absence
During the school year, there are Korean national holidays. And besides these national holidays the employee will have leaves for 10 days ( 5 days in the first six months and 5 days in the second six months) subject to the arrangement by the employer and being requested by the employee more than four weeks in advance and approved subject to convenience of re-arranging the teaching schedules by the employer.

From my understanding, this contract needs to state that I have 10 days of paid vacation.

School holidays will be included in above employee�s holidays.
The Employer will allow the teachers 3 sick days paid a year. In case of exceeding 3 days of illness, the Employer may deduct a day�s pay for every day the Employee is absent from work or deduct days from holidays. The Employee must notify the Employer at least five hours before class time of illness with the doctor�s diagnosis.
Lateness: If the Employee is late to the class 10 minutes without notification, one hour rate of payment may be deducted.

From my understanding, In case of exceeding 3 days of illness, the Employer should not and does not have the right to deduct a day�s pay for every day the Employee is absent from work nor deduct days from holidays.
I say NO to penalty clauses.


10. The Employee�s Obligation
1. The Employee shall observe the Employer�s work system and regulations concerning administration of foreign experts and shall accept the Employer�s arrangement, direction, supervision and evaluation in regard to his/ her work.
2. 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.

I can legally work a 2nd job with approval of immigration. If they want an exclusive contract, then they should pay for it.

3. The Employee shall complete the tasks agreed on schedule and guarantee the quality of work.
4. Professional dress and grooming in the work are essential to maintain the desired reputation to the school. The Employer shall establish general guidelines for this.


I understand what Professional dress and grooming are. However, I don�t understand why the Employer shall establish additional �general guideless� for Professional dress and grooming when I already know what Professional dress and grooming are.

5. The Employee shall be expected to prepare daily topics for the class beforehand.

From my understanding, most ESL teaching positions don�t require very detailed lesson plans! In addition, the school should provide me with tests....they have been in the ESL business for years and should have detailed curriculum!


6. The Employee can be required to attend all the staffs� meeting. If the Employee must be absent, he/she informs the Employer prior to the meeting.


From my understanding, my participation in Staff meetings should not be required. In addition, meetings and workshops should be held within my working hours. Also, if the institute opens at 7 AM that does not mean I should have to come in 3 hours before my work shift for a meeting.

7. The Employee must behave in professional manner during class or when socializing with students after class.
8. The Employee can be required to interview new students and evaluate their placement level.

This is extra work, which I will not do. I am looking to teach English not interview new students and evaluate their placement level � this is someone else�s job.

9. The Employee shall not be absent without the Employer�s permission 2 days in advance notice.
10. The Employee shall respect the Korean people�s moral standards and customs.
11. The Employee shall not sexually harass students in his/ her charge.
12. Any form of physical punishment to students cannot be tolerated.
13. At all times during the term of this agreement, the Employee will directly adhere to and obey all the rules and regulations that have been or may hereafter be established, by the Employer for the conduct of the Employee or generally for the conduct of instructors at the place of employment.
11. Taxes
Taxes and deductions in compliance with Korean Law shall be withheld automatically from the Employee�s monthly salary. The deductions will be income tax, residence tax, medical insurance (50%) and so forth if any, from monthly and severance payment.

I should not be required to pay residence tax. There should be no deductions from my severance pay.
12. Relocation and Orientation Time
The Employee will be allowed several days from the date of arrival in Korea for adjustment and school orientation before beginning regular teaching duties. Computation of initial pay period of the Employee will commence from the first teaching day.
[b]
From my understanding I should get paid for attending orientation.[/b]

13. Termination
The Employer and the Employee may terminate the contract with the written notice 40 days in advance. The proper reasons and adequate grounds must be provided in order for the contract to be dissolved. In the event that this contract is canceled the employer must issue a letter of release, without delay or any undue fee being charged to the employee or potential employers.

Actually it should be 30 days


14. Arbitration
The two parties shall consult with each other and mediate any disputes which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign expert affairs in Korea according to the Korean Regulations and Codes. In the event that no solution is deemed proper to both parties and either party decides to terminate this contract, they must do so in accordance with Section 14 above. Additionally, the employee may seek annulment in case where the employer does not complete the terms of the contract as required of them according to the contract.
15. Sympathy
In the event of death of an immediate family member of the employee arrangements will be made to excuse the employee from work. These days missed will be unpaid days but will not be counted as sick or vacation days.
This contract is signed in duplicate on the 6th day of August , 2006 in English for each party�s perusal and keeping.
Employee�s full name
Employee�s signature
Employer�s full name
Employer�s full signature

YOU FORGOT TO MENTION �PENSION� 4.5% (of 9%)� this is a must for any contract and by the law!

All Employees contribute to the Korean Pension Plan. Employer will match Employee�s contribution. Employee�s payment will be deducted from his/her monthly salary. In accordance with Korean Pension laws, Employees with Canadian or American citizenship are eligible to receive a full pension refund. Employees may apply for this refund within the last month of the employment period.

4.5% each



I guess I have to do more looking around for a teaching gig in Korea.
-Rios

[alabamaman]

Excellent topic title You made some good points in your evaluation. I would like to know what his reaction will be to all the contract corrections.

[soviet_man]

Assuming you have:

- Zero teaching experience
- No TEFL certificate
- A degree in a totally unrelated field
- Never been to Korea before

Then 2.0 mil with 20,000 OT to work at a kids hagwon in Sanbon (or anywhere in Gyeonggi) is about how much your going market value is - in Korean eyes.

I'm not saying settle for this particular contract.

But at the same time - you have to be realistic about where you stand in the overall food chain.

In my experience, most good schools (where the pay is above 2.4/2.5) wouldn't take a newbie fresh off the boat - unless they were desperate.

Because it is as much a risk for them, as it is for you.

You have to give them some sort of justification or reason as to why you deserve a higher pay scale (qualifications, past experience, etc).

[alabamaman]

[alabamaman]

Kudos to the OP for not accepting a dirtbag contract! This guy has obviously done his homework, and is not willing to get suckered by some dirtbag recruiter. He may have to wait longer, but he will land the right job. When he comes over to South Korea fresh off the fishing troller from Cuba, won't be suckered by some law breaking crook! He will be glad he didn't sign garbage meant for the circular file.! OP, good job, and don't settle for this!

[Rios]

alabamaman,

Thanks for your support! Your right alabamaman, although a newbie I refuse to be treated like a newbie. That is why there are so many horror stories out there because people don't do there research and simply jump into things.

I would much rather read and learn from others experiences then learn the hard way - which is settling for any job that comes my way because I am a newbie that is hoping for the best.

-Rios

[Son Deureo!]

You're right to be discriminating about your contract, and I wouldn't recommend signing that contract either based on the lack of a set schedule and the possibility of forced overtime, but there are a few points I don't think you're being very realistic about.

[Rios]

Son Deureo!

Thanks for your feedback!

You are not being harsh with your feedback but rather providing your opinion to my comments about the contract.

What bothered me about the contract was the forced labor issue (overtime), the fact that they would only provide me with a return ticket back home, the fact that they want to deduct money from my pay if I am absent more than 3 days, the fact that my pension was not mentioned and some other things.

As a newbie, I have been doing my research about teaching English in Korea especially when it comes to signing a contract.

Based on what I have read on the forums, I have come to learn that a vague contract is a vague contract. I am looking for specifics in order to protect myself.

I am willing and ready to take the 'plunge' and teach English in Korea for 1 year. However, I don't want it to be a year I regret. Therefore, I am doing research by reading previous posts, by reading over others contracts submitted on the forum and learning as much as I can about teaching English in Korea in order to have not a good experience but rather a great experience.

-Rios

[dodgybarnet]

Everything mentioned here is true, but you have to be careful - If you stomp in there guns a'blazing, demanding changes, then the only thing you'll get is the door thacking your butt as you're rejected.

As someone who is in the middle of my second contract negotiation (as in 2nd year of work) I'm fully aware of walking the line between getting what I want, yet not sounding like a kid going "I want this! I want that! I want those too!"

My school looks kosher. The teachers at the school that I've spoken too only complain about normal stuff (teaching is hard, getting up early with a hangover is tricky, etc) not about pay, getting screwed, draconian boss etc. When I asked if they were ever screwed-over about flights or whatnot they looked at me like I was a tin-foil-hat paranoid. So, I'm more relaxed about really nailing the contract.

A good relationship with the school/boss is paramount. My own experience of my last contract was that it was full of holes, yet because I got on with the boss (at least as well as one can ever get on with a boss, not least a Korean one) nothing ever went wrong. Got paid, got flexability, yet according to the contract they could have hung me up to dry.

You could have a air-tight contract, yet be in a school that's as dodgy as my hair, and have a crapola experience. Although if that happens you'll be able to provide readers here in Dave's with a juicy new train-wreck story to pour over

I guess it's like getting a partner: if you're Brad Pitt, you can get Angolina. If you're a mortal though, perfection is likely to be out of reach. Go with your gutt.

P.S. Angolina wants me. Oh yes, she does...

[Grotto]

[ontheway]

FYI

Regarding item 10.2 Employee's Obligation:

You are not correct. You are an exclusive employee of your sponsor under the E2 visa under Korean law. You may not work legally at any other place of employment or teach privately. You may add a second place of employment ONLY WITH THE PERMISSION OF YOUR EMPLOYER.

All E2 contracts are exclusive unless your employer/sponsor agree otherwise. IF your employer agrees, and provides the required paperwork, you may then obtain the necessary approval from Immigration to make it legal.

[Hyeon Een]

[Milwaukiedave]