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eirrehs
Joined: 04 Sep 2007 Location: korea
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Posted: Mon Oct 15, 2007 1:11 am Post subject: Any Suggestions? |
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Once again, I'm asking for your advise. What do you think of this contract?
EMPLOYMENT AGREEMENT
Name of instructor:
Country of Citizenship:
Date of Birth:
1. INTRODUCTION: This is an agreement between (hereinafter called `the instructor �) and ********* (hereinafter called `the institute' or `the school�, Korea). The instructor agrees to teach students at the institute at the times designated by the institute management, and agrees to develop and present educational programs for the students. The instructor agrees to follow and strictly comply with the School's policies and guidelines during the period of this agreement.
2. CONTRACT DURATION:
(A) It is hereby agreed between the school and the instructor that the instructor shall teach at the school for one year, starting from January 21st of 2008 to January 20th 2009.
(B) If the instructor wishes to renew his/her contract at the end of one year, he/she
must inform the School two months prior to the end of one year's service, and the contract may, if both parties agree, be renewed at that time for another year by mutual agreement.
3. RESPONSIBILITIES (Duties) OF TEACHER:
(A) The teacher is expected to devote no less than 1 hour a day at the institute for the
lesson planning with co-teachers, student evaluations, syllabuses, telephone English, report cards, field trips, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading ones professional knowledge and skills without additional pay. The work week will follow the yearly academic calendar issued by the school.
(B) The instructor's working hours (9:00am �4:00 pm) shall be determined by the School's schedule. However, the teaching schedule can be changed according to School�s schedule. It�s mandatory to work late (or on Korean national holidays and Saturdays and Sundays) for the school�s events. The schedule will be noticed at least 2 weeks advanced if there is a change. It�ll be counted as overtime and paid extra.
(C) The instructor is responsible for familiarizing him or herself with all institute materials relevant to teaching at the School. The instructor shall faithfully teach and train students at the School.
4. TEACHER'S SALARY:
(A) The teacher's total monthly salary shall be (2,200,000won)
The teacher's annual salary will total (26,400,000won) a severance pay bonus equivalent to one month salary (2,200,000won) will be paid only at the end of the contract.
This compensation is in exchange for teaching an average of 6 hours a day, five days per week.
(B) If the instructor teaches, by mutual agreement of the instructor and employer, additional teaching hours over and above 30 hours per week. Overtime compensation at 17,000 Won/hour shall be paid for those hours.
(C) The instructor's salary will be paid monthly on the regular day for payment of instructor's salaries.
5. HOUSING
(A)The institute will provide the Employee a single apartment in a safe environment.
The apartment will include the following items: a bed, a closet, a washing machine, TV, phone, A/C, gas range, refrigerator, microwave and kitchenware.
(B)The apartment will be provided at no cost to the Employee with the exception of utilities, phone bills and internet fees. Utilities, phone bills, and internet fees will be the responsibility of the Employee.
(C)The employee should leave the apartment in the same shape as when they arrived. Any damages to the apartment, furniture, or other items provided in the apartment should be restored by the Employee to the original state or the Employee should pay the cost needed in purchasing the same level of substitutes of them.
6. AIRFARE
(A)The institute shall provide a two(2) one-way tickets or one(1) round trip ticket (standard economy class) to employees hired outside of Korea who are fulfilling a 12 month contract with the Employer. The ticket will be from the nearest major international airport in the employee's home country.
(B)The institute will provide return ticket to the point of original departure when and if the contract has been completed. If a round trip ticket has been purchased, the Employee will only receive the return ticket once they have completed employment with the Employer.
(C)In the event that the Employee quits within the first 6 months of Employment, the Employee is required to pay back the cost of the entire flight tickets (including Japan trip cost in case the teacher came to Korea by tourist visa) the Employer has the right to withhold this amount from the Employee's last paycheck.
7. VACATION
(A) The teacher shall enjoy 10 days of paid vacation including school�s summer, winter vacation (in addition to all Korean national holidays and Saturdays and Sundays).
But the schedule can be changed by school�s schedule.
(B) Documented sick leave and emergency leave will be paid for a combined total of 3 working days a year. The teacher should provide the institute with as much advance notice as possible. The teacher should submit doctor�s prescription to the school for approving sick leaves. Unused sick leave may not be converted into any cash payment. (C)If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following months pay.
*The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.
8. INCOME TAX:
Approximately 3% per month of the instructor's salary shall be deducted by the employer as withholding tax as provided by Korean law.
9. PENSION
(A)The institute and the Employer will make regular contributions to the Employee's pension fund, as stipulated by the rules and regulations of Korean National Pension Corporation. Half of the contribution will be made by the Employer, and half by the Employee.
(B)If eligible, the Employee can apply for a reimbursement of all contributions made by him/herself and the Institute upon their departure from Korea.
10. KOREAN HEALTH INSURANCE:
Instructor will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by employer and half by instructor. Instructor's share of this coverage will be deducted from instructor's monthly salary."
11. DUTY OF SECRECY:
(A) The instructor shall not disclose any of the contents of this agreement, including salary, to a third party (including other employees of the school)
(B) The instructor shall not disclose any information relating to the contents of lecturers and business operation of the School without prior permission of the School. Violation of this portion of the contract will cause the Instructor to be responsible to compensate the School for all possible losses suffered by the School.
12 ADDITIONAL DUTIES:
(A) The instructor is required to conduct him/herself in a professional manner and to wear neat attire while at the school. Casual clothing is acceptable that it is neat and clean.
(B) The following forms of behavior will not be permitted.
1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director.
2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.
3) Making sexual advances towards, or entering in to relationships with students or employees of the School.
(C) The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At least two weeks termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor.
(D) If the Employee wishes to voluntarily resign from employment before the completion of this contract the employee must provide written notice to the Employer at least 8 weeks before the resignation
(E)The teacher cannot work for other schools or companies without the consent of the school.
. Both parties have carefully read this contract. They have agreed to its terms in good faith; and they will attempt to resolve any disputes which may arise in accordance with the terms of the contract, and in a reasonable manner. All disputes which cannot be resolved by the parties to this contract will be resolved through the legal system of Korea in accordance with Korean law.
I duly agree on the contract stated above.
Date:
Director Teacher
Name: Name:
Signature: Signature |
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Atavistic
Joined: 22 May 2006 Location: How totally stupid that Korean doesn't show in this area.
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Posted: Mon Oct 15, 2007 1:36 am Post subject: Re: Any Suggestions? |
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| eirrehs wrote: |
3. RESPONSIBILITIES (Duties) OF TEACHER:
(A) The teacher is expected to devote no less than 1 hour a day at the institute for the
lesson planning with co-teachers, student evaluations, syllabuses, telephone English, report cards, field trips, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading ones professional knowledge and skills without additional pay. |
So basically you're working 8 to 4 or 9 to 5, AT LEAST, NOT 9-4 as they claim.
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| (B) The instructor's working hours (9:00am �4:00 pm) shall be determined by the School's schedule. However, the teaching schedule can be changed according to School�s schedule. It�s mandatory to work late (or on Korean national holidays and Saturdays and Sundays) for the school�s events. |
Pure crap. Basically, they claim they can mandate as much OT as they want AND take away your weekends AND take away every national holiday. NOOOOOOOOOOOOOOOOOOOOOO.
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(B) If the instructor teaches, by mutual agreement of the instructor and employer, additional teaching hours over and above 30 hours per week. Overtime compensation at 17,000 Won/hour shall be paid for those hours.
(C) The instructor's salary will be paid monthly on the regular day for payment of instructor's salaries. |
Crap OT rate. And C, oh, wow, we'll pay you when we pay you. OK.
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7. VACATION
(A) The teacher shall enjoy 10 days of paid vacation including school�s summer, winter vacation (in addition to all Korean national holidays and Saturdays and Sundays). |
...except the ones they force you to work.
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But the schedule can be changed by school�s schedule. |
See?
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(C) The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At least two weeks termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor. |
I think 30 days notice is standard law.
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(D) If the Employee wishes to voluntarily resign from employment before the completion of this contract the employee must provide written notice to the Employer at least 8 weeks before the resignation |
8 weeks, crap. If they want 2 weeks, you get two weeks.
I'm sure others will tear it up more, I would pass because they are going to force you to do overtime, and at a really crappy rate. |
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Fresh Prince

Joined: 05 Dec 2006 Location: The glorious nation of Korea
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Posted: Mon Oct 15, 2007 3:49 am Post subject: Re: Any Suggestions? |
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| Quote: |
3. RESPONSIBILITIES (Duties) OF TEACHER:
(A) The teacher is expected to devote no less than 1 hour a day at the institute for the lesson planning with co-teachers, student evaluations, syllabuses, telephone English, report cards, field trips, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading ones professional knowledge and skills without additional pay. The work week will follow the yearly academic calendar issued by the school. |
So you have to do an extra hour of work and it could be anything including more teaching.
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4. TEACHER'S SALARY:
(A) The teacher's total monthly salary shall be (2,200,000won)
The teacher's annual salary will total (26,400,000won) a severance pay bonus equivalent to one month salary (2,200,000won) will be paid only at the end of the contract.
This compensation is in exchange for teaching an average of 6 hours a day, five days per week. |
It sounds like a potential loophole to get out of paying severance pay. If you took your sick days and/or vacation days would you still meet the 6 hour a day average, or would you have to work extra to make up for that?
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(C)The employee should leave the apartment in the same shape as when they arrived. Any damages to the apartment, furniture, or other items provided in the apartment should be restored by the Employee to the original state or the Employee should pay the cost needed in purchasing the same level of substitutes of them. |
Furntiture wears out with use over time. If you break something accidentally it make sense to replace it, but if it's just old and needs replacing you shouldn't have to pay to replace it.
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7. VACATION
(B) Documented sick leave and emergency leave will be paid for a combined total of 3 working days a year. The teacher should provide the institute with as much advance notice as possible. The teacher should submit doctor�s prescription to the school for approving sick leaves. Unused sick leave may not be converted into any cash payment. (C)If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following months pay. |
So if you call in sick you'll have to go to a doctor and have the doctor write a note that says you are too sick to go to work. If they think your not really sick they punish you for it.
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11. DUTY OF SECRECY:
(A) The instructor shall not disclose any of the contents of this agreement, including salary, to a third party (including other employees of the school)
(B) The instructor shall not disclose any information relating to the contents of lecturers and business operation of the School without prior permission of the School. Violation of this portion of the contract will cause the Instructor to be responsible to compensate the School for all possible losses suffered by the School. |
So if they catch you complaining about work online, they can sue you for money.
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12 ADDITIONAL DUTIES:
(C) The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At least two weeks termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor. |
So they don't have to pay you severance or airfare at the end of the contract if they think your not, "professional." |
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Pak Yu Man

Joined: 02 Jun 2005 Location: The Ida galaxy
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Posted: Mon Oct 15, 2007 8:26 pm Post subject: |
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| OP. I hope you're smart enough to laugh at this contract and walk away. |
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