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Contract Review: Kids College Gwanjin - Walker Hill

 
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jon_blazon



Joined: 24 Nov 2006

PostPosted: Tue Nov 28, 2006 5:36 am    Post subject: Contract Review: Kids College Gwanjin - Walker Hill Reply with quote

I have been offered a job with Kid's College - Walker Hill. The supervisor interviewed me and she seemed nice enough. I spoke with a teacher there and it sounds like she's satisfied working there, but didn't pursue any other options, just took the first contract she was offered. There is one person who is getting fired (that's why a spot opened up) but I couldn't get the reason out of the employee or the supervisor. I'm thinking that this isn't the best company to go with.
If you wouldn't mind taking a peek at what they've offered me see if there are any "red flags" that I should be aware of, I would greatly appreciate it

Jon Blazon


EMPLOYMENT AGREEMENT



This Agreement is made between , herein referred to as "Instructor," and KID�S COLLEGE Walker-Hill Language Institute, herein referred to as "Employer,� whose principle place of business is located at 7F, DaeOh B/D, 148-11, Gwangjang-Dong, Gwangjin-Gu, Seoul, Korea.



Employer: KID�S COLLEGE Walker-Hill Language Institute


Instructor Name: _______________________________________________

Date of Birth: _______________________________________________

Nationality: _______________________________________________

Address: _______________________________________________

_______________________________________________

Telephone #: _______________________________________________

E-mail address: _______________________________________________

Passport #: _______________________________________________


Position: English Conversation Teacher (or Instructor)


Period of Employment: One Year

(Upon mutual agreement may be extended to 2 years)


From ___________________ to


Revised February/12/2006


In consideration of the mutual promises and agreement herein contained, KID�S COLLEGE
Walker-Hill Language Institute (hereafter referred to as the �Employer�) employs ______________________________ (hereafter referred to as the �Instructor�). The Instructor agrees to work for the Employer under the following terms hereby agreed on by both parties.



The services to be performed, by the Instructor shall be that of a conversational English Language Instructor.



The Instructor shall commence his/her employment on ________________. The employment shall continue to ________________ unless terminated sooner as provided herein, and for such further period as provided for herein, subject to the following qualifications.


If as a result of wilful and wanton negligence, gross negligence or intoxication, the Instructor damages facilities, materials or other property belonging to Employer; or causes damage to the institute and/or the image of the Employer, the Instructor shall assume pecuniary liability in accordance with Korean Law. Furthermore, if the Instructor violates any of the covenants of this agreement, the Employer has the right to terminate this agreement at the time of the violation without further compensation or responsibility to the Instructor.


If the Instructor seeks release from this contract, he/she must do so in writing at least forty-five (45) days prior to the date of termination. Extenuating circumstances, which might require termination of employment without prior notice, will be handled on a case-by-case basis.


In the event of the death or total incapacity for business of either party hereto, or upon the Employer ceasing to carry on said business, or becoming bankrupt, this contract shall terminate. In case of the sickness of the Instructor or other reasons causing him/her from attending to his/her duties for 10 consecutive workdays (without valid proof), the Employer may terminate this agreement.


The Employer may terminate this contract at any time because of the Employer's dissatisfaction over, violation of instructions or rules of the Institute, or failure of Instructor to comply with any one of the agreements contained herein.


The Employer may terminate this contract if the services rendered by Instructor are not satisfactory to the Employer, and the Employer shall be the sole judge of such satisfaction. Services considered include, though are not limited to, adequate class preparation, the effective presentation of class lessons and the ability to work professionally with other staff members and supervisors.



IV. The Employer agrees:


Compensation will be paid monthly by the Employer. Any errors in compensation shall be reported by written notice within one week of receipt of compensation. If there is any class taught beyond 120 hours (one hour is 60 min.), it will be considered overtime and its rate is 15,000 won per hour (60 min.)


Instructors will be paid ________2,000,000___ won per month for the Teaching schedule:
Kindergarten � Mon~Fri (9:40 am~ 2:30 pm)

Elementary 1 � Mon~Fri (2:30 am ~ 4:00 pm)

Elementary 2 � Mon, Wed, Fri (4:00 pm ~ 5:30 pm)

Elementary 3 � Mon, Wed, Fri (5:30 pm ~ 7:00 pm)

Within the working schedule, instructors are given a total of 30 hours teaching time per week.


Instructors will be paid _______2,000,000___ won per month for the Teaching schedule:
Kindergarten � Mon~Fri (9:40 am~ 2:30 pm)

Elementary 1 � Mon~Fri (2:30 am ~ 4:00 pm)

Elementary 2 � Mon~Fri (4:00 pm ~ 5:30 pm)

Within the working schedule, instructors are given a total of 30 hours teaching time per week.


Instructors will be paid ______1,900,000____ won per month for the Teaching schedule:
Kindergarten � Mon~Fri (9:40 am~ 2:30 pm)

Elementary 1 � Mon~Fri (2:30 am ~ 4:00 pm)

Elementary 2 � Mon, Wed, Fri (4:00 pm ~ 5:30 pm)

Within the working schedule, instructors are given a total of 27 hours teaching time per week.


Not withstanding section B, if the Instructor misses one whole class, then 15,000 won deduction will be made from the salary. Based on 15,000 won deduction per 40 minute class, deduction will be made according to the time the Instructor has missed.


F. Taxes : Taxes will be deducted from the employer�s income in accordance to Korea law.

Monthly pay is taxed, and the taxes will be deducted as income tax and residence tax on a

Monthly basis. (approx. 1.5%- 1.8% / 29,000 - 39,000 won)


G. Medical Insurance: The employer is required to subscribe to the Medical Insurance plan. Medical insurance is split 50/50, 50% is paid by the employer and 50% is paid by the employee. (Approx. 1.9%-1.95% / 37,000-41,000won) After 30 to 45 days in Korea, the Employer agrees to provide the Instructor with medical insurance. This delay is caused by the processing time involved in obtaining Korean medical insurance. Dental and eye care coverage is not included. Furthermore, life insurance coverage is not included.


H. Meal : If instructors have a meal which is provided by the school, one meal a day will be split 50/50. 50% is paid by the employer and 50% is paid by the employee. The payment of meals for a month is less than 30,000 won. Instructors should apply for meals a month in advance. The school will provide a free lunch to the instructor until end of February 2007. The lunch can not be converted into cash.


I. The Employer will assign classes based on teacher performance, professionalism and attendance record. Assignment of classes and substitute teaching assignments is the sole prerogative of the Employer and is necessary to the effective operation of the institute. Acceptance of these assignments by Instructors is mandatory.


J. For summer camp and winter camp (scheduled from Thursday to Saturday, one in January one in August): Instructors will not be paid an hourly wage, they will be paid a wage of 100,000 won per day during the period of the camp. Not all Instructors will attend summer or winter camp. The Employer will select those Instructors required to attend.


K. Instructors are supposed to be in the school 20minutes before the first class starts. The duration of a class is 35-50 minutes with kindergarten and elementary. There is a 5 or 10-minute break between each class. Lunch time is 30 minutes up to 50 minutes long. Break times and lunch hours can change in accordance with the school schedule. Teachers are not paid for this time.


L. The Employer agrees to provide return portion will be given upon completion of the instructor�s employment with KID�S COLLEGE.


M. At the successful completion of a one-year contract, the Instructor will receive severance pay. Severance pay will be equal to an average of last three months� salary.


The Employer agrees to provide three sick-leave days to Instructors each year. On the first three days per year on which an Instructor misses work he or she will be paid in full for that day, with the following conditions. The Instructor must notify his or her supervisor either the night before the absence, or as early as possible on the morning of the absence. The Instructor must also present a doctor's note to his or her supervisor on the day on which he or she returns to work. Unused sick days may not be used as vacation days. Should the Instructor be absent for ten consecutive days without a valid reason, his or her contract may be terminated.


Instructors, on occasion, request an emergency leave in order to attend to urgent matters in their home country. Since there is no substitute Instructor available, the extended absence of Instructors creates a serious problem for this institute. Additionally, when requests for leaves coincide with holidays observed by the Employer, such as Christmas, the potential for abuse, in order to extend existing vacation days, compounds the seriousness of the situation. Therefore, any Instructor requesting a leave of absence during his or her contract will be subject to a 30 percent deduction from the Instructor's severance pay. Should a leave request coincide with a holiday on which KID�S COLLEGE Walker-hill Language Institute does not hold classes, the percentage of this deduction will be raised to 50 percent.


The Employer will provide housing for all Instructors. (See attached housing contract) If, at the time the Instructor is hired by the Employer, all company apartments are occupied the Instructor may either ask the Employer to provide an apartment or the Instructor may arrange his or her own housing. Instructors who choose to provide their own accommodations will be given a 300,000 won monthly housing allowance. If, at the time the Instructor is hired by the Employer, company housing is available, the Instructor is required to live in the company�s apartment. Instructors living in housing provided by the Employer will be required to leave a 400,000 won deposit with the Employer to cover any damage to the apartment or unpaid bills left by the Instructor when the apartment is vacated.


If Instructors wish to take advantage of the housing provided by the Employer, the housing contract must be signed before arrival in Korea. Instructors who initially choose to provide their own housing and later elect to take advantage of company housing will be accommodated only as housing becomes available.


Whenever possible, Instructors be provided with an orientation period. This is generally the Instructor�s first working day, on which the Instructor meets with experienced Instructors, observes classes and becomes familiar with KID�S COLLEGE Walker-hill Language Institute teaching techniques and activities.
There is a training program for all teachers as soon as they arrive to the school (first session) and there is a second training program (second session) after three months teaching. This is compulsory for all teachers working at KID�S COLLEGE. The training session will be held on Saturday (this day is subject to change.) from 10:30 to 15:00 (there is one hour lunch break.) On this day, or for the period designated by the Employer as the training period, during which time the Instructor will not be asked to conduct classes, the Instructor will be paid a training wage. This wage will be 7,000 won per hour.

The instructor�s first monthly salary will be calculated starting the first day right after the completion of the orientation.


Holidays & Vacation
KID�S COLLEGE schools observe Korean National Holidays. In addition to holidays, KID�S COLLEGE instructors receive eleven to fourteen days of paid vacation a year (including weekends and holidays). In general, summer vacations are four to five days long (including weekends and holidays) and winter vacations are seven to nine days long (including weekends and holidays).

When an instructor completes the first year contract with KID�S COLLEGE Walker-Hill with honor, he or she will receive a one week unpaid holiday. One week will be added every year when an instructor completes the contract (up to 4 weeks can be gained).



V. The Instructor agrees:


To teach any group assigned by the Employer and to participate in special activities (such as over -nights 2 times per year, summer & winter schools, summer & winter camps as required by the Employer.


To prepare for his/her classes on his/her own time. Class preparation should include researching and producing teaching materials, on time submission of weekly lesson plans, semi-annual tracking reports, tri-monthly progress reports. Failure to submit these items on 3 occasions will be subject to a 30 percent deduction from the Instructor's severance pay. Three late submissions of any of these items will count as l non-submission.


To, at all times, follow the rules regulations set by the Employer and the Institute director. To follow class schedules and activity schedules, to not dismiss, cancel or begin classes late without the express consent of senior management. To submit all progress reports, tracking reports, weekly lesson plans, monthly books or other requested work on time. Instructors, who routinely fail to observe the rules of the institute, will be verbally notified by the supervisor, continued non-compliance would result in a warning letter. Three warning letters in the period of one year will result in suspension without pay, a reduction of teaching hours or termination.


To have the accompanying statement of general physical health completed by a physician certifying that the Instructor is free of contagious diseases and may safely participate in activities such as leading outdoor games and exercises.


To use the teaching materials supplied and recommended by the Employer. The Instructor is encouraged to supplement these materials with other materials, but must obtain prior approval from the Employer. All books, tools, craft supplies or other materials issued by the Employer remain the property of the Employer and any must be returned to KID�S COLLEGE Walker-hill Language Institute when no longer required to conduct class.


To perform his/her duties in a professional manner and refrain from conduct which could damage the reputation of the Institute, including, but not limited to: conducting class while smoking or under the influence of alcohol or illegal drugs: making sexual advances entering into sexual relationship with students or employees of the Institute; conducting any business or accepting any funds without the express written consent of the Institute; and borrowing or lending of funds or selling of items to students.


To reimburse the full cost of ticket to the Employer, if Instructor terminates his/her contract within 6 months from commencing date of his/her contract.


To reimburse half of the cost of ticket to the Employer, if Instructor terminates his/her contract after 6 months but within 12 months from commencing date of his/her contract.


If Instructor terminates his/her contract within 12 months from commencing date of his/her contract, he/she will not receive a return ticket back to home.


Private teaching outside of KID�S COLLEGE Walker-hill Language Institute is prohibited without the written approval from the Employer. If the Instructor desires additional employment, such interest shall be expressed in writing to Employer. Upon receipt of such request, the Employer may, at its sole discretion, allow additional employment. Any and all exceptions to this provision can and must be made by written consent of the Employer.


Extremely short or revealing attire is prohibited. Instructors are required to dress formally for special events such as Graduation or Entrance Ceremonies. Male Instructors shall wear a dress shirt, tie and slacks. Female Instructors shall wear dress, skirt or slacks and an appropriate top.


If the Instructor wishes to drive in Korea, an international driver's license is required. The Instructor shall take full responsibility for any cost of acquiring a vehicle, the maintenance of such vehicle, any insurance/fees of such vehicle, and shall hold the Employer free from any harm and/or responsibility of and from such vehicle.



The Instructor accepts liability for any damages that arises out of the conduct of Instructor.


The Instructor will not at any time or in any manner, either directly of indirectly, divulge or disclose to any person, firm or corporation in any manner whatsoever any information concerning any matters affecting or relating to the business of the Employer, including without limiting the generality of the foregoing, any of its customers, the prices it obtains or has obtained from the sale of, or at which it sells or has sold, its products or services, or any other information concerning the business of the Employer, its manner of operation, its plans, processes, or other data without regard to whether all of the foregoing matters will be deemed confidential, material, or important, the parties hereto stipulating that as between them, the same are important, material, and confidential and gravely affect the effective and successful conduct of the business of the Employer, and the Employer's good will and that any breach of the terms of this paragraph shall be a material breach of this Agreement.



VI. It is further agreed between the parties that:


The services to be rendered by the Institute are of a unique and original character entitling the Institute to acknowledgement of this contract by injunction or other relief in a court of equity.


No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed a aforesaid, and the parties further agree that the provisions of this Section may not be waived except as herein set forth.


Both parties have read the above conditions and agree to the terms contained herein in good faith.
The Employer



Signed on _____________________



Signature ________________________________________________________

Principal of KID�S COLLEGE Language Institute


The Instructor



Signed on _____________________



Signature ________________________________________________________

Instructor of KID�S COLLEGE Language Institute




Housing Contract

This agreement between KID�S COLLEGE and _______________________________ is concerned with housing for teachers employed by KID�S COLLEGE This Housing Contract is stated under provision IV. N

Housing Maintenance Deposit
Teachers choosing to live in housing provided by KID�S COLLEGE will be required to leave a 400,000 won deposit with KID�S COLLEGE to cover any damage to the apartment or unpaid bills left by the teacher when the apartment is vacated. The teacher will be required to pay the full amount of this deposit within the first 2 months of employment.

At the completion of the contract term, the 400,000 won security deposit will be returned to the teacher. Otherwise the deposit will be remitted to the teacher within ten days after all outstanding monthly service, utility and telephone charges have been paid. (note: some of the bills take two months to arrive to the apartment.) A 50,000won deduction will be made should the apartment need additional cleaning.


The apartment will not be shared with another Instructor. The apartment must be kept clean and the appliances maintained in good working order. Instructors should report malfunctioning appliances or apartment damage to their supervisor as soon as possible. The apartment will be furnished with following: bed, cooking stove, refrigerator, hot & cold running water for bathing, a western style toilet, television and washing machine. (Meals, utilities, telephone and incidental expenses are the sole responsibility of the Instructor) The Instructor shall be responsible for costs resulting from willful damage or neglect of said furniture and appliances as provided by Employer. If an instructor has a visitor who wants to stay temporarily, he or she should report it to the school.


If, for any reason, the Instructor ceases to be employed by KID�S COLLEGE, the Instructor will be given 24 hours in which to vacate the apartment. The Instructor must set up an appointment with the manager of teachers to inspect the apartment prior to moving out, in order to establish the condition of the apartment. The information from this inspection will be used when calculating the amount of the housing deposit to be returned to the teacher. If the apartment requires cleaning or repair, these costs will be deducted from the teacher's deposit.


The procedure for returning the deposit to the teacher at the end of his or her housing contract will be as follows:

An average of the last three months total utility bills will be calculated. This amount will then be increased by 50 percent. If there is no damage to the apartment or its appliances, (as determined by the exit inspection) this amount will be held for payment of bills, the balance of the deposit will be returned to the teacher with his or her final paycheque. After all of the bills for the apartment have been received (usually, 2 or 3 months) any remaining money will be wired to the Instructor's bank account.


Instructor's bank information


Name of bank: ___________________________________________


Account #: ___________________________________________


Barring changes in the employment status of the teacher, this contract confirms that housing will be provided from ____________________ to ____________________



Signed (Employer) ____________________________ Date _________________



Signed (Instructor) _____________________________ Date _________________




Health Verification Form for Prospective Instructor



To the applicant's health care provider:



Concerning: ____________________________________ (Patient's Name)


The above named individual has applied to our company for the position of kindergarten/elementary schoolteacher, in Korea. This job will require that the individual lead children in outdoor games and exercises, group singing and other activities requiring good overall physical health. The individual's workplace will require that he or she frequently climb stairs, and walk as far as one-half mile to work daily.


Having recently examined this individual, I have found him/her to be in good overall health, free from contagious diseases at the time of my examination, and capable of executing the duties described above.



Doctor's Name _______________________________________________



Hospital, Clinic or Health Care facility


_________________________________________________________________


Phone Number _________________________________________________


Address _________________________________________________


Signed _______________________________________________


Date ________________________________________________
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Nov 28, 2006 6:10 am    Post subject: Re: Contract Review: Kids College Gwanjin - Walker Hill Reply with quote

jon_blazon wrote:
I have been offered a job with Kid's College - Walker Hill. The supervisor interviewed me and she seemed nice enough. I spoke with a teacher there and it sounds like she's satisfied working there, but didn't pursue any other options, just took the first contract she was offered. There is one person who is getting fired (that's why a spot opened up) but I couldn't get the reason out of the employee or the supervisor. I'm thinking that this isn't the best company to go with.
If you wouldn't mind taking a peek at what they've offered me see if there are any "red flags" that I should be aware of, I would greatly appreciate it

Jon Blazon


Short answer... give it a pass...

This contract is for 120 CLASSROOM hours per month @ 60 minutes per classroom hour and 40 minute classes. This means you will be teaching 180 classes per month for the same or less money that the next guy teaching 120 classes.

60 extra classes @ 40 minutes per class means you will spend an extra 40 HOURS per month IN THE CLASSROOM essentially for free.

Public schools will have you teaching 92 classes for the same money.

There are lots of other sucky things with the contract as well, but this one issue alone should/would be a deal breaker.
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Satin



Joined: 26 Oct 2006
Location: Texas

PostPosted: Tue Nov 28, 2006 6:39 am    Post subject: Reply with quote

This is one of the more laughable contracts! Print it and keep it where you can easily see what NOT to accept. There is very little in it that is acceptable.

You did a good job of detecting the current teacher's lack of vigor. Probably had the director standing in her face. Shocked
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wylies99



Joined: 13 May 2006
Location: I'm one cool cat!

PostPosted: Tue Nov 28, 2006 3:40 pm    Post subject: Reply with quote

Kids College is another large chain with a bad reputation for treatment of teachers with pay, benefits, and working conditions.
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Peter Jackson



Joined: 23 Apr 2006

PostPosted: Tue Nov 28, 2006 7:35 pm    Post subject: Run! Reply with quote

Kid's College is bad, bad, bad...

I don't know why they haven't received as bad a rap yet as Wonderland..they sure deserve it!

Find another haggie
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travelx



Joined: 30 Apr 2006

PostPosted: Wed Nov 29, 2006 4:09 am    Post subject: Reply with quote

My friend worked there and said it was terrible, the owner Mrs Kwan is not to be trusted. She would threaten to fire teachers all the time!

Save the heartache, tear it up.
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jon_blazon



Joined: 24 Nov 2006

PostPosted: Wed Nov 29, 2006 5:53 am    Post subject: Reply with quote

Thanks for the advice, I will definitely be working elsewhere!!!

Jon Blazon
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