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Help! What do you think of this contract?
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JongnoGuru



Joined: 25 May 2004
Location: peeing on your doorstep

PostPosted: Sun Jul 31, 2005 8:15 pm    Post subject: Reply with quote

Grotto, is there a sticky somewhere on employment contracts that prospective teachers can refer to? Maybe with some samples of "good", "fair", "sneaky", "bad", "laughable" model contracts? I think that would be a very valuable resource. Posters could refer to that, see where their contract differs, spot potential deal-breakers, phrasing to look out for, items to negotiate, etc.
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Hater Depot



Joined: 29 Mar 2005

PostPosted: Sun Jul 31, 2005 8:42 pm    Post subject: Reply with quote

Notice also that, in this contract, the employer has sole discretion over your vacation days, supposeduly they will provide you with a schedule in advance. Not a good thing if you like being able to make plans--Koreans are notoriously bad long-term planners.

They also have "sole discretion" whether you get days off even if there is a death in your family! As a person likely to lose my grandfather to cancer this year, I can tell you this is not a clause you want in your contract.

And personally I would never accept 17,000 won as an overtime rate. 25,000 seems fair to me.
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Grotto



Joined: 21 Mar 2004

PostPosted: Sun Jul 31, 2005 9:04 pm    Post subject: Reply with quote

EFL law has some good advice on contracts. What is a fair contract and illegal practices.

Right now GEPIK wants to withhold 900,000 won as a deposit against possible illegal activities. They were told its illegal so they changed it to a housing deposit, and were told thats illegal too(by the ministry of labour) but they are still trying to force teachers to pay it Laughing

The ministry of labour has told several teachers that if the school or GEPIK takes any money off their checks and withholds it to contact them and they will fix it. Stupidity at its finest!
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pegpig



Joined: 10 May 2005

PostPosted: Mon Aug 01, 2005 1:27 am    Post subject: Reply with quote

Grotto's analysis is leaning towards a perfect contract which is something you will rarely get, imho. Try, by all means, but in the end realize you won't get it all.

Contrary to Gopher's advice, definitely come to Korea. It sure beats sitting in your basement wilting. Then in a few years you're wondering, what if, what if....

Experiencing a new country is worth the risk of a bad experience. My first year wasn't great by any means. I worked a double split shift, woke up at 5:30, and finished at 8:30. I averaged 130 hours a month, with 160 in January. At the time I thought it was hell, but I look back on it all rather fondly.

I'm not someone who particularly likes Korea. I definitely don't love it. But, it's an experience. Just don't plan on staying too long or you may find yourself in the ESL industry for life, whether you like it or not.
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Grotto



Joined: 21 Mar 2004

PostPosted: Mon Aug 01, 2005 1:56 am    Post subject: Reply with quote

I wouldnt say its leaning towards a perfect contract by any means. The fact is the contract is the only thing you have protecting you in this country. Some people say the most important thing is your relationship with your boss...that is true up to a point! The point being where they decide to screw you over due to a poorly worded contract.

If you want relative safety coming over to Korea go with a public school job, or a chain like ECC, Pagoda, YBM, etc. They dont pay the best but they are for the most part fairly reliable.
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Real Reality



Joined: 10 Jan 2003
Location: Seoul

PostPosted: Mon Aug 01, 2005 2:04 am    Post subject: Reply with quote

Gopher wrote:
RachaelRoo wrote:
My situation in Canada is being unemployed and living in my parents basement. Confused

Still might trump what your situation in Korea could be. (Maybe the teacher you talked with is under duress to get a replacement?) If you're in Canada, and have some time, why not take the time to at least investigate other positions in Mexico, Indonesia, Taiwan, or Japan?

I wouldn't recommend Korea to anybody, unless they already loved Korea, like an Asian-studies student, for example. Furthermore, 1.9 million won is less than average pay, based on what I've seen.

Gopher wrote:
And I took her question one step back to expose the real issue she is dealing with, even though she may not know it. So many people in Canada -- based on what I've read on this site -- seem to have a dismal employment outlook in Canada and apparently judge that Korea is their only hope.

But are you sure that that's true? Why does it have to be Korea? And should it be a hogwon under any circumstances, especially for an innocent "newbie"? I agree that we should give her useful advice...and that would include advising her that her decision to escape her parents' basement and unemployment by taking a job in a Korean hogwon may not be her best option. She has other alternatives...


Posted by EFL-Law
.... School owner tells me...you are fired. Last day is the 20th of July. I said that I want to complete my contract...school owner says no. Fired. The 20th of July comes and Wangja asks me to "stay until the new teacher comes." Anyway...I am still here...My last day is Friday, August 12th. The school has also changed my pay to hourly pay instead of the monthly salary and is not paying me for vacation either. I am to start work on Monday, August 1st. The school closed down on Wednesday, July 27th for vacation. I did agree to it...if I did not...the school will cancel my visa and then I have 14 days to leave Korea. After being in Korea for 11 years...I just can't pack up in 14 days and leave! I have been in Korea since 1994 and have had this problem with other hakwons....but never did complain. I have a plane ticket for August 29th. I am leaving Korea for good.

half-snapped wrote:
Wow, how can someone who has been here for 11 years end up in such a situation?


Bozo Yoroshiku wrote:
Doesn't matter how long you've been here, or how savvy and contract-smart you get, or how good your boss seems since you started working for him, all it takes is one situation or one change of opinion on his part for you to get screwed
.
EFL-Law (July 28, 2005)
Post subject: Dismissal (EFL-Law.org Forum Index: Contracts - made & broken)
EFL-Law.org
http://efl-law.org/forums/viewtopic.php?t=787

Deceptive Practices by Employers
a) Dismissal at the 11 Month Mark of the Contract
b) Dismissal at the 5 Month Mark of a Contract
c) Teacher Assaulting Students
d) Shared Accommodation With Strangers
e) Flouting Immigration Law
f) School Being Sold to New Owner
g) School Borrowing Money From Teacher
h) Airfare Calculations
i) Apartment Security Deposit
j) The EPIK Renewal Process
k) Misleading Vague Contractual Conditions On Working Times
l) Racial Discrimination Sadly we have received many reports of Teachers arriving at Incheon International Airport following being hired from their home country - and as soon as the school owner sees them and sees that they are NOT Caucasian, the school owner refuses to have anything to do with them - in fact abandoning them in the airport.
m) Work Illegally or be Dismissed
n) Health Insurance
o) Employer seeking Recruiter's Commission back
p) False Job advertising
EFL LAW: Deceptive Practices by Employers
http://efl-law.com/deceptive_practices.html

Rotten to the Core?
Transparency International's "Corruption Perceptions Index 2003" lists Korea 10 places lower than what it was last year, meaning the country ranked 50th. It means that in this new government in which civil servants are given lectures about reform and ministers in tune with the government's politics throw their work aside and run around the country, the corruption has gotten that much worse. According to a recent survey, as many as 90 percent of Korea's youth think they live in a country that's corrupt, and a considerable number of them say they're ready to join the club if the occasions calls for it later in life. Our society has become rotten to the core.
Editorials/Columns, Chosun Ilbo (October 9, 2003)
http://english.chosun.com/w21data/html/news/200310/200310080034.html

Income Tax to Be Levied on Bribes
by Jung Sung-ki, Korea Times (April 22, 2005)
http://times.hankooki.com/lpage/nation/200504/kt2005042217230511990.htm

"No chair for foreigner" GM Daewoo head told
.... The "no-foreigners" rule was first made in 2001 when then-Samsung Motor was being sold to Renault.
by Kim Tae-jin and Lee Ho-jeong, JoongAng Daily (January 18, 2005)
http://joongangdaily.joins.com/200501/17/200501172228551609900090509051.html

Most Foreign Firms Find Korea Less Than Friendly
Cho Hyeong-rae, Chosun Ilbo (April 24, 2005)
http://english.chosun.com/w21data/html/news/200504/200504240010.html

Foreigners Experience Difficulties in Living in Korea
by Jae-Dong Yu and Soo-Jung Shin, Donga.com (July 4, 2004)
http://english.donga.com/srv/service.php3?biid=2004070522448
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pegpig



Joined: 10 May 2005

PostPosted: Mon Aug 01, 2005 2:07 am    Post subject: Reply with quote

I tend to look at contracts a little differently. If they're a shady school the greatest contract in the world isn't gonna stop them from trying to shaft you. My last contract was concise to the tune of 1 page. Of course, I'm here so I can actually check the school out personally (which is much more important). Also, I have an F2, and if I don't like it - goodbye. Those are 2 reasons why our situations are perhaps a little different I guess.
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Gopher



Joined: 04 Jun 2005

PostPosted: Mon Aug 01, 2005 2:25 am    Post subject: Reply with quote

pegpig wrote:
Also, I have an F2, and if I don't like it - goodbye...our situations are perhaps a little different I guess.


I think your visa status makes for more than "a little" difference. You have more room to maneuver than someone, like the OP, who will only have an E2 visa and will be considered to be working for her "master" by immigration...once I learned that Immigration considers our employers our "master," that alone changed a few things for me.

These are things that they don't go into detail about when they're recruiting you...
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JongnoGuru



Joined: 25 May 2004
Location: peeing on your doorstep

PostPosted: Mon Aug 01, 2005 3:25 am    Post subject: Reply with quote

Gopher wrote:
pegpig wrote:
Also, I have an F2, and if I don't like it - goodbye...our situations are perhaps a little different I guess.


I think your visa status makes for more than "a little" difference. You have more room to maneuver than someone, like the OP, who will only have an E2 visa and will be considered to be working for her "master" by immigration...

And F2-holders aren't likely to be required to pee in a jar for their visa, as far as I know.
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pegpig



Joined: 10 May 2005

PostPosted: Mon Aug 01, 2005 3:48 am    Post subject: Reply with quote

JongnoGuru wrote:
And F2-holders aren't likely to be required to pee in a jar for their visa, as far as I know.


I'd think that if they actually went the drug-testing route (which I doubt) they would, they'd include all teachers or at least all foreign teachers. Since f2 teachers are also e2 holders (although someone would erroneously disagree) the f2s would also have to pee unless they're doing something else other than teaching.
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bosintang



Joined: 01 Dec 2003
Location: In the pot with the rest of the mutts

PostPosted: Mon Aug 01, 2005 8:31 am    Post subject: Reply with quote

Gopher, I think you're a bit too harsh. You got sucked into a bad experience, and yes, many others, perhaps even most their first year or two do as well. However people get by, and there are still some things that may make a trip through the minefields in Korea worth it:

For instance:

1) If you're worried about startup money -- As far as I know, only in Korea airfare is provided, and you don't need lots of startup money.

2) If you have no teaching experience - Most countries paying living wages want experience and/or credentials.

3) You can get a job quickly - there's little beauracracy in the way of starting work.

--------------------------------------------------------------------
Instead of saying avoid Korea altogether, I'll give some more moderate advice:


1) Don't come to Korea if you're looking for a dream career or to get rich, and don't expect things to go smoothly. Expect the unexpected and take your dose of irony pills.

2) Have a backup plan, and that means bring enough money so that you're not stuck here.

3) Research your contract, but rather than going through Grotto's unrealistic nitpicking point-by-point analysis to get that perfect contract that not even he signed, stick to the rather obvious signs of a bad contract. EFL-law's list of common deceptions is a good place to start. More important than the contract itself, speak to a former teacher from the school. Only go with a start-up school, if you're very adventurous (some may say insane).

4) Trust your instincts. If something doesn't seem right, it probably isn't. Be flexible and willing to adapt, but don't let people walk over you. Don't let recruiters or employers use a language barrier as an excuse to be vague or ignorant.

5) Everything can be summed up in understand the risk you are taking. It's really easy to get a job in Korea, but with it comes a large risk that the job may not work out. All I can tell someone who's never been here is that they have no idea just how bad, a bad situation can really be.
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bosintang



Joined: 01 Dec 2003
Location: In the pot with the rest of the mutts

PostPosted: Mon Aug 01, 2005 9:35 am    Post subject: Re: Help! What do you think of this contract? Reply with quote

Hi Rachel,

I looked over your contract. If the other teacher says the school is a good place to work, then I don't see anything glaringly wrong with this contract. Just a few changes I'd make:

RachaelRoo wrote:


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


I'd change the wording to be The maximum teaching requirement before overtime, is 120 classes per month. (1 class =45 minutes).

Or something like that.

Quote:

2.3 No regular schedule of work hours can be guaranteed to employee.
Payment made for assigned teaching periods is inclusive of payment for
preparation and administrative duties connected with those assigned classes.


There's nothing wrong with this, but it looks like it means you could be working a split shift. Split shifts suck, but they're not the end of the world.
It's just something you should be aware of.

Quote:

3.2 Orientation and Training : Shortly after arrival in Korea, employee will require to undertake orientation and training before commencing teaching. The period of training and orientation will usually be one week but employer reserves the right to reduce that period in cases where employee arrives in Korea less than one week before the commencement of a scheduled teaching session.


Unpaid training..sucks, but it's standard. Many hagwons are trying to get a teacher too late to actually have time to train them anyways.

Quote:

3.3 Salary : Except for the period of orientation and training, employer will pay employee for the minimum teaching requirement the amount of 1.9 million Won (to be determined) for each month of this
agreement, In addition to the minimum teaching requirement, employer may give employee extra teaching period per month. Payment for the minimum teaching requirement plus overtime is 17,000 Won /
teaching periods.


1.9mil is a bit low for teaching 120hrs+/mth. If this job is in Seoul and/or involves kindergarten, you could try negotiating 2.0mil, maybe 20,000won hour overtime.

Quote:

4. Dismissal or Voluntary Resignation


There's no clause here stating what you have to do to break the contract. I suggest you add one.

Something like:

If Employee voluntarily resigns before contract completion, they must provide 30days notice in writing. A Letter of Release will be provided.
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Grotto



Joined: 21 Mar 2004

PostPosted: Mon Aug 01, 2005 12:36 pm    Post subject: Reply with quote

FYI I signed a contract for 2.4, for working 22 forty minute classes a week. 14 days vacation + national holidays + various school holidays thrown in. I have a large 2 bedroom apartment with a full size fridge, an oven(thats right an actual oven), couch, etc. My bedroom is bigger than most ESL apartments.

I guess this is what "nitpicking" gets you. By all means feel free to follow bosintangs poor advice and settle for a poorly worded illegal contract! Rolling Eyes

Quote:
If the other teacher says the school is a good place to work, then I don't see anything glaringly wrong with this contract


Rolling Eyes maybe some people dont think having the school make up the schedule as they go along isnt a bad thing....you know working split shifts which could start at six AM and end at ten PM well thats just freakin hunky dory!

Illegal clauses are so standard for the course over here we should all just accept that fact and stop being so freakin nitpicky Rolling Eyes

Yeah dont forget unpaid meetings, duties and whatnot. Many people are ignorant as to what that can and does entail. Possible crap you would have to put up with? Placement tests, evaluations(that mean absolutely nothing), phone teaching(total waste of time), meetings(often conducted solely in Korean that dont affect you at all).

Laughing signing a contract that allows them to change it during its course....well thats just plain crazy! Crazy I tells ya! Laughing

Taxes should be taken off in accordance to Korean law. The law does not say its a flat 3% or 5%. go to the tax site to see how much taxes you should have withheld. http://www.nts.go.kr/eng/default.html

Air con that allows you to be comfortable and enjoy your summer here instead of sweating your balls off in the humid morass that is July and August.

sick days should not require a doctors note. Unless you miss more than 3 or 4 days at a time.

the MOL has decided that airfare is prorated. after 6 months they dont make the teacher pay back the airfare so why should you agree to a contract that is unfair?

To all those who claim that the contract is secondary to the experience of someone that already works there I say BULLCRAP! While you can take into consideration the experience of someone who works there you are not them and things change. People lie, some people are ass kissing toadies of the howgwan owner and some people see the world through rose colored glasses.

The contract is the only thing you have to protect yourself. In my experience a poorly worded contract can and will be used against you as often as possible. A clear and concise contract protects you to some extent.
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Captain Corea



Joined: 28 Feb 2005
Location: Seoul

PostPosted: Mon Aug 01, 2005 5:08 pm    Post subject: Reply with quote

Also, the "other teacher" is something i've sen used a lot more of late.

I know of a school where the last 3 teachers have left unhappy BUT the teacher how new recruits are reffered to is the new one (less than 4 months).

Ask for a few teachers contact numbers, past and present.
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bosintang



Joined: 01 Dec 2003
Location: In the pot with the rest of the mutts

PostPosted: Mon Aug 01, 2005 9:18 pm    Post subject: Reply with quote

Grotto wrote:
FYI I signed a contract for 2.4, for working 22 forty minute classes a week. 14 days vacation + national holidays + various school holidays thrown in. I have a large 2 bedroom apartment with a full size fridge, an oven(thats right an actual oven), couch, etc. My bedroom is bigger than most ESL apartments.


blah blah blah and more blah. How many years have you been here? You got what you got because you were in Korea and have experience, not because you nitpicked over a contract from across the ocean.

Grotto wrote:

The contract is the only thing you have to protect yourself. In my experience a poorly worded contract can and will be used against you as often as possible. A clear and concise contract protects you to some extent.


If your employer is going to lie or deceive you, they're going to do it anyways. You can have the best bloody contract in the world and it's not going to matter if your employer unilaterally wants to change it. You have almost no recourse except to refuse to do what they're asking you to do and let them fire you, or hand in your 30 days notice and find another job.

I'm not going to bother replying to the rest of the message. That was a fine PM you sent me Grotto. It says a lot about you when you resort to childish retorts through a PM.
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