Korean Job Discussion Forums

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THIS EMPLOYMENT AGREEMENT has been made on this day _____________ , 2005 between Reading Town Guri Campus located in Guri City, South Korea (here in after referred to as the �� Employer��) a citizen of The United States of America passport # (here in after referred to as the �� teacher��). The teacher is hired by the Employer and both parties agree on the following terms and conditions :

1. PERIOD OF EMPLOYMENT
(1) The total agreement term is approximately one year, commencing from the date of arrival in KOREA and finishing on the last teaching day of the teacher��s twelfth teaching month.

Contract period is one year..period! Under no circumstances should the period exceed one year!

(2) The terms of this Agreement includes preparatory period, twelve(12) full and
consecutive teaching sessions and all scheduled vacations and holidays.
(3) The teacher agrees to discontinue residence in Korea under the visa status
sponsored by employer within five days of completion of this employment.

Unless I am mistaken dont you have to exit the country by the date on your ARC card!

2. TEACHER��S DUTY
(1) The teacher will follow set class schedules and will not dismiss classes, cancel classes or start classes late without the approval of the institute director.
(2) The teacher agrees not to partake in the following activities since they may damage the reputation of the institute.
-. Conducting class while under the influence of alcohol, while smoking or under
the influence of illegal drugs.
-. Making sexual advances towards or entering into relationships with students and teachers of the institute.
-. Conducting any private classes or accepting any funds without the permission from the institute.

(3) If the institute needs the teacher to teach outsides, he/she should go outside to teach.

Strange clause....never saw this one before. I would inquire as to its meaning.

(4) During the terms of this agreement, the teacher is required to prepare for teach,
and carry out all required administrative duties connected with classes assigned by the employer.(EX, mid & final exam, call to students every month and correct students�� book reports and ..)

Biggest red flag in my opinion is calling students. There is a lot of admin that they seem to want done but they dont seem to include it in your paid hours!

(5) The teacher should arrive at the institute at least one and half hours earlier than the class starts to prepare class.

An hour and a half not unless they consider that time paid I would never agree to it! Showing up half an hour before your shift fine...but an hour and a half

(6) The institute can request to serve on Saturday to interview students for level test without extra paying salary. However, in case of over working hours (term #3) the institute has to pay overtime salary.

WTF? They want to make you come in on Saturdays and not pay you ...how does that song go? Hit the road Jack and dontcha come back no more no more no more!

(7) If an emergency happens(sick & ..,), the teacher has to notify director 5 hours early and submit a doctor��s subscription in 3 days.
( In the event of absence due to illness, the school will deduct the amount of 18,000 Won per class from the teacher��s monthly salary. This money will be used to provide a substitute teacher.

Its not your responsability to pay for a replacement teacher(that most likely will never be hired) 5 hours notice I would never agree to this clause!

3. WORKING HOURS
The number of regular teaching hours will be 30, 50-min(37, in case of 40-minute classes) teaching hours per week. Classes will be held from Monday to Friday. Classes and teaching are scheduled at the institute��s sole discretion although reasonable efforts will be made to accommodate the teacher��s requests. If the teacher is absent for any reason, he/she will be required to make up time lost. During the term of this Agreement, the teacher shall be required to work well and closely with the academic supervisor each week from Monday to Friday at the times the academic supervisor shall direct

So they only pay for in class time......they can jerk you around shiftwise and if you miss any classes(sick) you have to make them up.....but you also have to pay for your replacement when you were sick Seems they want to have their cake and eat it too.

4. SALARY & OVERTIME
A monthly salary of 2,000,000 won will be guaranteed for 37, in case of 40-minute classes per workweek. In the event of 60-minute classes during summer special sessions, the Employee will be paid the monthly salary at 2,000,000 won for 25 classes per week. This salary will be paid monthly of the following month. Each teaching hour in excess of 30, 50-min classes per week is considered overtime. The overtime pay will be 18,000 won per working hour. Attendance at scheduled staff meetings and workshop (which is mandatory � no pay) cannot be considered as overtime. Tax for income will be deducted from the salary according to the Korean tax. Failure to pay teacher promptly at the end of each and every month under contract will terminate this contract within 5 days if there is no payment by that time at which time the Institute will provide for return airfare from origination.

? first of all thats an awful lot of classes per week....and if the pay is late the contract has already been broken....the way they have this set up allows them to be late paying your salary by up to a week...no way!

5. HOUSING and DEPOSIT
The school shall provide furnished a single living accommodation. Furnishings provided by the Employer, include : blanket, pillow, bed, refrigerator , washing machine, microwave, VTR, television. Selection of apartments will be made by the Employer. The cost of monthly service, utilities for the accommodation provided will be paid by the teacher. Teacher agrees to a deduction of 200,000 won per month from the first two months of employment.
This deposit will be refunded 5 days after the completion of this contract.

Illegal deductions from your check....not allowed by labour laws!(even if you are stupid enough to agree to it they are still illegal!)

6. RELEASE FROM CONTRACT
Both parties have the right to make the contract null and void if the following occurs :
(1) If the teacher seeks release from the contract for cultural differences, homesickness or personal problems, the teacher agrees to work until the new teacher arrives.
(2) If the teacher fails to conduct him/ her in a professional manner, resulting in the damaged image of the institute, the institute has the right to terminate this contract, only after allowing teacher sufficient time to correct behavior and when problem still exists contract may be terminated and the Institute must provide at least one week notice to the teacher. (Return airfare may not be provided.)
(3) If the teacher fails to improve his or her teaching after receiving two complain letters from parents about class performance (After said complaint letters are received, the school will give the teacher a chance to observe four to six model classes in an attempt to improve his or her own teaching.), the institute has the right to terminate this contract.
(4) Both parties have read the above conditions and agree to the terms in good faith and will attempt to resolve any dispute in a reasonable manner. All decisions that cannot be resolved by the two parties above will be solved in accordance to Korean Civil Law.

Hmmmm

7. AIRFARE
The Employer will pay one way trip air ticket. The teacher will be given the return leg airfare on completion of his/her one year contract. If the teacher willfully leaves the school before six(6) months, the teacher must payback the initial airfare. The school may deduct the amount of the airfare from the teacher��s last payment if the teacher fails to pay them.

8. SEVERANCE PAYMENT
Upon completion of this contract, the Teacher will receive one month salary(2,000,000 won) as severance pay in accordance with Korean Labor laws. This payment will be made at the time of completion of the contract period.

9. VACATION & HOLIDAYS
There are 2 weeks paid vacation, which is separated one week during summer vacation and the other during winter vacation including Saturday and Sunday. The time of the vacation is to be set according to the agreement of the institute and the teacher 15 days before its starting.

10. Health Insurance
The Institute will pay 50% of the premiums for the teachers health plan.. Coverage
Will begin from the date of joining Korean medical insurance union, approximately 3 to 4 weeks after the teacher's arrival of Korea. National Pension Plan

11. National Pension Plan
In accordance with the Korean Law, all foreign workers employed by Korean businesses shall pay into the Korean National Pension plan at a rate stipulated by the Korean National Pension Law deducted from monthly earnings with the Institute's contribution.
Refund of the National Pension to a teacher who becomes a compulsorily insured Teacher, where the Pension Act of the Teacher's home country provides the benefit corresponding to the lump-sum refund of the National Pension Plan, the lump-sum refund of this plan shall be paid to the foreigner, according to Korean Law.

12. GOVERNING LAW
This agreement will be governed by the law of the Republic of Korea.

Signature of contract employer :

[BDups]

Ok, I mentionned some of the grievences that you kind souls have pointed out to me, and was given a reason for each and ever one of them.

I might point out too that this contract "negotiation" is through the recruiter and not with the school directly. I don't know whether this is the norm or not, but I would think that I should be dealing with the school for these issues.

I was told (by the recruiter) that the contract came from Head Office and that beause of that and because the school has so many franchises around Korea that the contract cannot be changed.

I get the impression that there will be little to no negotiations on this contract. I know that a school should not trust me any more than I should trust them, but surely there can be some changes made to this thing. I mean I've posted it in a few different places and am getting the same type of responses from everyone.

The recruiter seems very nice and genuine...I don't want to think I'm naiive, but she seems to really care.

Ugh so confused.

Thanks again

[some waygug-in]

Why are you still thinking of taking this job? Move on, there are better jobs out there. If you still want to work with that recruiter, tell her that this is not what you are looking for and you would like to consider some other offers.

Put your name and resume on some of the forums, the offers will come pouring in.

Good Luck

[BDups]

Hahaha

I figured that would be your response as I was waiting for the page to load. I think you are right. I guess I am naiive, I really thought the recruiter was sincere about what she was saying.

I just got an email from a Mr. Grace showing me what an ideal contract would look like. Looks nothing like the one I was offered.

Thanks for the push! I will move on!

[some waygug-in]

Good luck. The thing about recruiters is they all seem sincere......... and they are sincere in the fact that they want you to take the job. They are not always so sincere however in making sure you are satisfied once you accept the job.

My advice to you is to check out www.efl-law.com. Read the sections called "deceptive practices" and "caveat emptor". and anything else that may look interesting. I believe there is even a sample contract on there that you can look at.

I'm still looking for a job too, by the way.
It seems no one wants to hire a 43 year old guy.

Check out www.pusanweb.com, there are some OK jobs on there.

cheers

[forgesteel]