Korean Job Discussion Forums

[aristotle84]

Hi all, below is an e-mail from the hagwan manager who responded to my request for some revisions in the contract. He changed some of them, but not all. Take a look, and please help me decide if it is okay..thanks..

__________________________________________________________

Hello, this is XXXXX (the hagwan manager) at XXXXX school.

We read your e-mail carefully. Our answers to your questions are below.


1. Payment : 2,000,000 Korean Won, ----------> 2,100,000 Korean won.

- ok, we can do that


2. During the duration of this contract and without prior consent of the employer, the employer can deny a release letter to the employee seeking another job position elsewhere.

- Working for less than a year can cause damage to our institute. The condition for E2visa also requires for the employee to stay here at least for a year.


3.. Teachers do not receive additional compensation for these days. I should receive compensation for ANY days I work.

- All of 400 talking clubs use this contract for contracting with teachers, so we must follow this as a franchised institute. And we have usually 1 or 2days of seminar.


4. If the teacher leaves the school prior to completing 12 months for any reason as agreed to in this contract, the teacher must reimburse the school the cost of the airfare paid by the school or the school may deduct the equivalent amount from the teacher�s last month�s pay. MUST be changed to 6 months.

- Working for less than a year can cause a damage to our institute. The condition for E2visa is also required at least a year.


5. What about pension?

- You can't get pension because you are a foreigner.


6. How many days total per year for vacation?

- 10 days.


7. What about air conditioner, heating system, pots, pans?

- Air conditoner and heating system are set, but a teacher should buy a blanket and cooking utensils.


8. NO DEPOSITS!

- Our institute rents you a room, so we need your deposits. The reason for this is Koreans pay a maintenance fee a month later after using. We deduct deposits from your paycheck for the first two months, and then return them to you later when you finish your teaching duties.


Guys, what do you all think? He says pensions are NOT allowed for foreigners. He also says that even after 6 months I am responsible for airline tickets if I decide to resign or get terminated. Any input is much appreciated folks.

Anyway, he wants me to go over ASAP and I am wondering if the changes to the contract is enough to warrant heading over there this week.

[spliff]

What a joke...I wouldn't use that contract to wipe my arse with! Keep looking! There are much better situations out there...you'd be sorry if you went w/ whatever hellish hagwan this is...

[ChuckECheese]

I agree with spliff. What a suckass contract. It's not even worth wiping the school director's ass with it.

Oh! next time ask for 2.2 million. That rate is becoming standard rate and bare minimum rate now.

[BigBuds]

[babtangee]

[ttompatz]

[alabamaman]

1. Payment : 2,000,000 Korean Won, ----------> 2,100,000 Korean won.

- ok, we can do that


2. During the duration of this contract and without prior consent of the employer, the employer can deny a release letter to the employee seeking another job position elsewhere.

- Working for less than a year can cause damage to our institute. The condition for E2visa also requires for the employee to stay here at least for a year.

There are alot of employees who leave hagwons for legitimate reasons. If this employer violates Korean Labor Laws routinely, then writing a letter of release would be a good idea for both parties concerned. In my opinion, you should seek employment elsewhere. I didn't have to read past clause #2 to make up my mind.



3.. Teachers do not receive additional compensation for these days. I should receive compensation for ANY days I work.

- All of 400 talking clubs use this contract for contracting with teachers, so we must follow this as a franchised institute. And we have usually 1 or 2days of seminar.

I'm sure this hagwon owner is aware that you cannot work seminar hours if you don't have an E2 Visa, and doesn't pressure employees towards working without one. That's why I always advocate for contractual language stating, "The employee shall work as well as participate in any work related activities for the employer when the employee has been issued an E2 Visa by Korean Immigration Officials." Korean Immigration Officials will deport you if they catch you working as well as participating in any work related activities for your employer without an E2 Visa. When you have been issued your E2 Visa, then work for full pay!

4. If the teacher leaves the school prior to completing 12 months for any reason as agreed to in this contract, the teacher must reimburse the school the cost of the airfare paid by the school or the school may deduct the equivalent amount from the teacher�s last month�s pay. MUST be changed to 6 months.

- Working for less than a year can cause a damage to our institute. The condition for E2visa is also required at least a year.




5. What about pension?

- You can't get pension because you are a foreigner.

He's lying out his rear end!

1. Foreigners and Coverage

At the time of the introduction of the Scheme, foreigners were not mandatorily covered. Only foreigners working in a workplace covered under the Scheme could be covered as an Workplace based Insured Person by submitting an application.

Foreigners working at the workplace with more than 5 full-time employees were included in the mandatory coverage in August 1995 and those working at the workplace with less than 5 employees including self-employed foreigners were also included in the mandatory coverage in April 1999. Accordingly, foreigners aged from 18 to less than 60 who reside in Korea must be, in principle, covered under the Scheme. But foreigners falling under any of the following items are excluded from the coverage.

Those whose country does not mandatorily cover Korean citizens under its pension scheme.

Foreigners who are not registered under the Immigration Act, or to whom the forced deportation order has been issued under the same Act, or who are staying in Korea without being permitted to extend their term of stay.

Among the registered foreigners under Immigration Act, those whose stay status falls under any of the followings; culture & art, studying abroad, industrial training, general training, religion, visiting & living together and others.

People excluded from the mandatory coverage of National Pension Scheme, by the social security agreement

6. How many days total per year for vacation?

- 10 days.

Just a reminder

Emergency leave

Ask for 5-7 days of emergency leave in your labor contract. Emergency leave days are unpaid, separate from paid sick days, and separae from annual leave days. Emergency leave is for a major death in the family, and your employer will require proof.




7. What about air conditioner, heating system, pots, pans?

- Air conditoner and heating system are set, but a teacher should buy a blanket and cooking utensils.

Accommodation

The following items should be in working condition, and your apartment should be clean upon arrival.

Rent for a one bedroom apartment
Bed
Desk
Closet
Table
TV
Washing machine
Clothes rack
Pots
Pans
Dishes
Forks/Knives/Spoons
Phone
Refrigerator
Stove
Air conditionar
Heating system
You're are not responsible for the previous occupant's unpaid bills.

8. NO DEPOSITS!

- Our institute rents you a room, so we need your deposits. The reason for this is Koreans pay a maintenance fee a month later after using. We deduct deposits from your paycheck for the first two months, and then return them to you later when you finish your teaching duties.

Labor contracts generally state "The employee shall pay for utilities such as water, electricity, phone, cable, and internet." There are some contracts that have deposits written into them in the event the school has to pay employee's unpaid utility bills.

Penalty clauses should be removed from your contract.

Article 27 (Prohibition of Predetermination of Nonobservance)

An employer shall not enter into any contract by which a penalty or indemnity for possible damages incurred from nonobservance of a labor contract is predetermined.

Seek employment elsewhere!

[aristotle84]

thanks all, for the advice...

i'll tell the hagwan manager to go shove a jar of kimchi up his ass