Site Search:
 
Speak Korean Now!
Teach English Abroad and Get Paid to see the World!
Korean Job Discussion Forums Forum Index Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
 
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Contract help please!!!!!

 
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum
View previous topic :: View next topic  
Author Message
ksagain



Joined: 27 Nov 2006
Location: USA

PostPosted: Wed Dec 06, 2006 5:44 pm    Post subject: Contract help please!!!!! Reply with quote

I know there is a contract thread, but I thought I might get lost in there. This is time sensitive, so any prompt feedback would be much appreciated.

Thanks!!!!!!



The following agreement is an employment contract between . Both parties agree to follow the next items and promise to carry out their duties faithfully.

Contract Items
1) Duration of Employment: 1st of March, 2007 ~ 29th of February, 2008 (366Days)

2) Job Position: English Teaching Assistant

3) Work Place: Elementary School

4) Job Description

(1) English Education (2) After School English Education

(3) Vacation English Camp * The Employee can be asked to do other duties.

2. "Employee" Working Hours

1) The Employee must be in school by 08:40 AM. Class preparation and consultation from Monday to Friday. Working Hours (09:00~17:00), as required to prepare the classes and give counsel to the students. The Employee will be in the school during the Working Hours.

2) The Employee will be assigned to teach a maximum of 24 class hours per week.(Regular Class: 16class hours, After School Class : 8class hours) The students and the time to teach will be assigned by the school.

3) Working Hours during vacation are according to the next items.

During Summer and Winter vacation, the employee will be assigned to teach a maximum of 24 class hours per week (from Monday to Friday) for more than 3 weeks.


4) Paid vacation will start after the completion of the summer and winter English camp.(summer-about 2weeks/ winter-about 3weeks)

5) On the second weekend of February, the employee will be assigned to lead

a Family English Camp(Saturday and Sunday/ two days one night)

6) Orientation: There will be a 3-5 day orientation before "the Employee" begins the first class. At this time, the employee will check our school English curriculum and yearly schedule and prepare for the employee yearly and weekly plan.

7) The Employee will be assigned to attend the teachers workshop once a week.

3. Monthly Salary

1) The Employee draws a salary of 26,400,000 won a year.

Monthly base salary will be deposited to the employee's bank account by dividing the annual salary into 12months on the last day of each month. When that day is a Saturday, Sunday or Public Holiday, the Employer must pay the Employee on the immediate preceding business day.

2) As the special educational program (outside regular teaching duties), special additional payment of 20,000 Won per hour will be paid for each hour of teaching.

- Regular Class: Even if the employee doesn't complete weekly hours 16 classes, due to school's events or schedule, the employee will be paid in full for 16classes.

After School Class : Overtime will be given only when the employee exceeds 8 After School Classes a week.


3) The Employee will be paid a salary after deducting a sum of pertinent dates from employee's monthly salary, when the employee doesn't have classes over 7days because of absence without notice, sick leave, etc.
The rest of all matters will be followed by a related law, "The Guideline of teaching staff's holidays business transaction" published by the Education Ministry.

4) Medical Insurance

According to the related laws and regulations, the employer shall initiate the employee into the Social insurance(Health insurance, State pension, Employment insurance, Industrial accident compensation insurance) and each should bear apart of the expense according to the ratio of the related Korean Law.(50/50%)

5) The employee should pay Income and Residents Tax according to the related Korean Law.

6) Upon the completion of this contract, a severance amount is calculated in accordance with the Korean Labor Laws.(About one month salary)

(It will also be deducted according to the Korean Tax)

4. Benefits

1) Housing & Utilities

- The employer shall provide a single furnished apartment from the date the employee moves in apartment to the date the employee vacates.

- The employee is expected to pay the utilities (the furniture provided by school)

The employee is responsible for repairing and maintaining all the school's property if broken.


2) Airfare

- The "Employee"will be provided with a FREE economy class ticket from the nearest major International airport from their home to South Korea (Incheon).

The airfare will be provided to the "Employee" on the basis of the receipt for the airfare. - If the "Employee" decides to resign or terminate the contract for whatsoever reason and did not finish at least 1/2 months of the agreed one year contract, then the "Employee" must reimburse the "employer" for the cost of the air fare to Korea. And the employee won't be also provided with a one-way return tick home.

At the end of the contract, the "Employee" will be provided with a one-way return ticket home. - The employee will be provided as mentioned above at the extension of a contract for one year.

5. The Employee Duties

1) Professional dressed and groomed at the school are essential.

2) The Employee is required to attend all teacher's meeting as requested by the employer. If the Employee has a reason to be absent from a meeting, the employee must inform the employer prior to the meeting.

3) If the Employee wants to absent from school, the employee must inform the employer prior to two weeks in advance.

4) The Employee shall prepare teaching materials for each class beforehand and will be honest and diligent in teaching students in all classes.

5) The Employee is not able to have an another job without permission by the employer.


6) A detailed Job Description of the "Employee" will be as follows:

- Implementing the curriculum given by the school

- Finding and using materials and resources positively to update the curriculum

- Evaluation of students and feedback

- Handing in weekly plan in advance (before previous Wednesday)

- Various activities directly related to teaching (Visiting class, Open class, etc)

- Weekly student management meetings with English Co-teachers

(Once per week)

- When the "Employee" misses any classes as a result of sickness, the employee must do supplementary lessons and notify the school in a timely fashion and provide a doctor’s note stating the nature and severity of the illness.

6. The Termination of Contract

1) The "Employer" may dismiss the "Employee" from employment under the following conditions:

- Being lack of competence for a task, neglecting the employee duties (Repeated failures to follow the teaching guidelines)

- Proved to get physically or mentally unstable after the lapse of a given period of sick leave

- Causing damage to school through the fault

- Delinquent of duty (Absence from work without valid reason, etc) and Violation of the laws of the Republic of South Korea

- Teaching classes while under the influence of drugs or alcohol

- When the employer should terminate the contract at the conclusion of the school business or the reduction of the budget (The decrease in the number of students, etc)

2) When the "Employer" intends to dismiss the "Employee" from employment under the reason of the Section 6, prior written notice is required to be given by the employer to the employee.

7. Changes to Contract

When the employer changes this contract because of serious and valid problems, it can be changed by the written consent and approval of both parties.

8. When the employee causes (property)damage to the employer through the fault, the employee must pay for the damage.

9. Language of Contract

1) The idioms of not specified on this contract will be followed "The Gist of School Treasurer Contrast Management.

2) After the contrast is to be made out in duplicate, the "Employer" and "Employee" keep each one.

3) When it may be interpreted variously, the Korean contract takes first priority


Both the "Employer" and "Employee" have read and understood all the terms

and conditions of this contract. The “Employee” agrees to follow the items and promise to carry out their duties of the contract faithfully.
Back to top
View user's profile Send private message
ksagain



Joined: 27 Nov 2006
Location: USA

PostPosted: Wed Dec 06, 2006 7:41 pm    Post subject: Reply with quote

7 views and no responses????? Please....I sincerely want to know if this is a decent contract before I sign and send it out tomorrow.
Back to top
View user's profile Send private message
TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Wed Dec 06, 2006 7:43 pm    Post subject: Reply with quote

You are being shafted six ways to Sunday: Here's why.



2. Working hours are a bit long. Most people do 22. Not a biggie though, it is the vacation work that raises a red flag...atlhough not too bad.

5. You have to work Saturday AND Sunday for a family English camp.
NEVER agree to something like this...there will be more Sats and Suns if you do.


Salary is very low. They are including severance pay to make it seem higher but it averages out to just over 2 million a month without the severance pay.

"Overtime will be given only when the employee EXCEEDS 8 After School Classes a week" (Capitals are mine).
So if you teach seven OT classes you won't get any more money than base salary?

You should not have money deducted because you are sick...you should have at least 3 days of paid sick leave.

No mention of pension.


I would NOT sign if I were you. Get ready for a year of misery if you do.
Back to top
View user's profile Send private message
ksagain



Joined: 27 Nov 2006
Location: USA

PostPosted: Wed Dec 06, 2006 7:54 pm    Post subject: Reply with quote

Thanks for your reply but I need to clarify a few things

1. The salary is 2.2million won a month....the severance is not included in the salary figure given

2. the 8 afterschool hours are part of my obligated 24hrs...I get overtime at the rate of 20,000/per hour when I go above my 24

3. The family camp is only 1x/per year and it's all at the above overtime rate

Saying all of this, what are your thoughts about the rest of the contract now?
Back to top
View user's profile Send private message
ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Dec 06, 2006 8:39 pm    Post subject: Reply with quote

ksagain wrote:
Thanks for your reply but I need to clarify a few things

1. The salary is 2.2million won a month....the severance is not included in the salary figure given

2. the 8 afterschool hours are part of my obligated 24hrs...I get overtime at the rate of 20,000/per hour when I go above my 24

3. The family camp is only 1x/per year and it's all at the above overtime rate

Saying all of this, what are your thoughts about the rest of the contract now?


What you understand is NOT what is in the contract. Rewrite the contract or prepare for it to be interpreted in ways you do NOT expect.
Back to top
View user's profile Send private message Send e-mail
TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Thu Dec 07, 2006 2:44 am    Post subject: Reply with quote

ksagain wrote:
Thanks for your reply but I need to clarify a few things

1. The salary is 2.2million won a month....the severance is not included in the salary figure given

2. the 8 afterschool hours are part of my obligated 24hrs...I get overtime at the rate of 20,000/per hour when I go above my 24

3. The family camp is only 1x/per year and it's all at the above overtime rate

Saying all of this, what are your thoughts about the rest of the contract now?



1. Maybe...but it is a hakwon and the way they put YEARLY salary as opposed to monthly makes me wonder. BTW if you are going to be doing overtime how can they put such a precise figure on your yearly salary? Something doesn't seem quite right there.

2. That's better, but the way the contract is worded bugs me.

3. I can 99.99% guarante that if you do Saturdays or Sundays once, you will be asked to do it again...and likely again and again. You may have a very good hakwon, but somehow I doubt it.

And the rest of my objections still stand.

Oh one other thing I missed. It says that the KOREAN version takes priority in a contract dispute. Unless you can read Korean, that clause could be used to screw you over in so many ways..
Also they can terminate the contract should student enrollment fall.

You have less than adequate protection. This contract is set up to screw the teacher. But hey if you still want to, it's your decision.

Personally I wouldn't work there for 4 million a month.
Back to top
View user's profile Send private message
ksagain



Joined: 27 Nov 2006
Location: USA

PostPosted: Thu Dec 07, 2006 6:35 am    Post subject: Reply with quote

Just to clarify...the position is for a private elementary school.


Thanks for the replies....they have been helpful.
Back to top
View user's profile Send private message
kfred



Joined: 06 Dec 2006

PostPosted: Thu Dec 07, 2006 7:21 am    Post subject: Reply with quote

sounds fine to me
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Korean Job Discussion Forums Forum Index -> Job-related Discussion Forum All times are GMT - 8 Hours
Page 1 of 1

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


This page is maintained by the one and only Dave Sperling.
Contact Dave's ESL Cafe
Copyright © 2018 Dave Sperling. All Rights Reserved.

Powered by phpBB © 2001, 2002 phpBB Group

TEFL International Supports Dave's ESL Cafe
TEFL Courses, TESOL Course, English Teaching Jobs - TEFL International