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Calling all Contract Gurus!

 
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duchess73



Joined: 25 Oct 2007

PostPosted: Sun Oct 28, 2007 3:17 pm    Post subject: Calling all Contract Gurus! Reply with quote

Hi Folks,

I'm very new to this process. Any chance I could get some input on the contract below?

Appreciate your help!


Letter of Agreement
Sogang University Language Program
Daejeon SLP
2-4F Mannyon-dong #345
Seo-gu, Daejeon
South Korea #302-150
Phone: 82-42-485-8581
Fax: 82-42-485-7174

The Daejeon SLP Institute at Daejeon, South Korea (The institute) under the license of SLP, (Corp.) So-Gang Univ. and _______________________________, ("The Teacher") agree to a contract for regular full-time English teaching as follows:

TEACHER OBLIGATIONS

A. Supervision
The Teacher will work closely with the Academic Supervisor, Assistant Academic Supervisors and other colleagues in the planning, observation, and review of instructional methods.

As a member of the Institute, the Teacher will contribute to the cumulative experience, wisdom, and resources of the teaching team and remain dedicated to developing, implementing, and evaluating a comprehensive program for teaching English to Koreans.


B. Behavior
The Teacher should respect the rules and standards of conduct of the Institute (written, verbal and tacit) and obey the laws, regulations, instructions, and ordinances of the national and local Governments.
Any teaching or employment other than at the above address shall not be permitted according to Korean Law. Non-compliance may result in discipline including fines and deportation.



C. Workload
The teacher will have at least 22.5 (80 minutes) classes per teaching week. The Teacher is expected to devote no less than one hour a day at the Institute for lesson planning, with co-teachers, student evaluation, reporting, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, teachers' meetings, and upgrading one's professional knowledge and skills without additional pay. The workweeks will follow the yearly academic calendar issued by SLP, (Corp.) Sogang Univ.

Staff meetings will be scheduled at the discretion of the Institute Director. Attendance is required. Staff meetings will include discussion of topics of current concerns such as new policies, procedures, methods of training, instruction, curriculum, and other matters as needed. The staff is encouraged to help work out practical solutions to problems at these meetings.

D. Special Research Projects
Any part of the Teacher workload can be converted into sub-teaching, research and development work.

E. Overtime

The Institute will designate classes as overtime classes and only such a case will be counted as the overtime classes. Any classes over 22.5 (80 minutes) classes per teaching week will designated as overtime classes.
Overtime pay is 1.2 times the regular pay for each class over 90 classes per month. If the week includes holidays/sick days/ etc., the designated overtime classes taught by the teacher will still be paid as overtime even if the teacher teaches less than 22.5 classes per teaching week. However, if the overtime class itself falls on a holiday, sick day, or emergency leave day, it will not be paid.

F. Work Schedule
The working time is from Monday through Friday. The Institute Director will assign the teacher�s schedule.

TEACHER BENEFITS
A. Monthly Salary
The Institute will pay the Teacher a total monthly basic salary on the fifth day of the following month and if the fifth day is a holiday, it will be paid on the following day. The salary is based on the first month and the first month salary will be the equivalent to the last month salary. The sessions will provide at least 90 classes per month. Korean income tax, National Pension, & Medical Insurance will be withheld from the monthly salary, 2.1 million won. Medical insurance will only be withheld if the teacher chooses to join the Korean National health plan.

B. Housing
The institute will provide each teacher an apartment/house. Married couples will be provided with their own housing provided they both teach at the same institute. The apartment will be equipped with a refrigerator, washing machine, wardrobe, telephone, gas range, bed or Korean style bedding, dining table & chairs, and some eating & cooking utensils.

If the teacher does not need his/her accommodation, the school will reimburse 200,000won monthly over and above her/his monthly payment. The teacher can choose to live in school- provided housing or to be reimbursed for outside housing.

C. Health Insurance (optional)
Korean National Health Insurance will cover the Teacher according to the government law for teachers. According to this law, the Institute and the Teacher will each pay half of the monthly insurance charge. According to the insurance law, you will be covered from the date you choose to join, however, if you choose to join sometime after your arrival, you will have to pay retroactively.

D. National Pension Plan
In accordance with Korean Law all foreign workers employed by Korean business shall pay into the Korean National Pension plan at a rate of 6% (or the ratio stipulated by the Korean National Pension Law) deducted against monthly earning with the employer's contribution of 3%. This rate is subject to the National requirement for Pension deduction and may change without notice. SLP-Daejeon has absolutely no control over this rate of Pension. This is similar to Social Security and other pension deductions in other countries.

E. Paid Sick Leave and Emergency Leave
Documented sick leave and emergency leave will be paid for a combined total of three workdays a year. The Teacher should provide the Institute with as much advance notice as possible. Unused sick/emergency leave is converted into a cash payment on a daily basis at the completion of one-year contract. Any more than three sick or emergency days will be unpaid. If the hours/days of absence reported as sick leave or emergency leave are not proved with a certain document related or a slip of a doctor�s treatment, related costs shall be subtracted from the following moth�s pay. The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.


F. Airfare
The Institute shall pay round-trip airfare between the nearest International Airport from the Teacher's living place and Incheon in Korea. Round-trip airfare is provided only once. A one-way ticket will be provided to Korea and at the end of one's contract a one-way ticket to the port of departure will be provided. In case the Teacher fails to complete the contract by his or her won fault/reason, the Teacher shall pay back the Institute for the total amount of the airfare already provided.
Teachers hired in country shall have the visa trip paid for by the Institute. This trip will be to Japan nearby a Korean Consulate. And at the end of one�s contract a one-way ticket to the port of departure will be provided. If the Teacher fails to complete the contract by his or her own fault or reasons, the Teacher shall pay back to the Institute the actual amount for visa trip to Japan.

G. Teacher Training
The Teacher shall have a period of training, most likely class observation period, before starting to teach in the Institute. The Teacher will receive briefings from their Academic Supervisor, and the Institute Director, and will get acquainted with the local institute policies. During this time the Teacher will receive half the rate of the regular pay.

H. Vacation & Holidays
Approximately two weeks of vacation will be scheduled according to the academic calendar, which is decided by the SLP, (Corp.) Sogang University. Normally the vacation would be in the form of one week in the summer, and one week at the end of the year. Holidays are scheduled throughout the year according the calendar created by the Sogang Head Office. The holidays include Korean national holidays, which average approximately one per month. The basic monthly salary remains the same regardless of vacation time and National Holidays.

I. Quarterly Reviews
The Institute will carry out quarterly reviews of the teachers' performance. Criteria for satisfactory fulfillment of contract and teaching responsibilities include the aforementioned within the contract, along with the following:
1.Prompt attendance and recognition of time spent in class (starting class on time, finishing a minimum of 80 minutes on a regular basis and regular attendance by the teacher)


2.Cleanliness, Personal Grooming and proper Public Relations with parents. Teachers are held in high esteem in Korea so it is important teachers� dress and behave in an acceptable manner. Sandals, thongs or sandals are not considered suitable footwear. Any parents of students of the Institute can observe the Teacher�s image, appearance, and his or her teaching skills through monitors at the Institute. Acting in a careless manner in front of parents, for example, smoking or drinking in front of a parent unless invited to do so, is not appropriate. There is to be no hitting of any students under any circumstances. Desks, classrooms and working areas should be kept reasonably clean for parent viewing.

3. Caring for ALL children despite any physical, emotional or intellectual problems.
4.Finishing all duties in the aforementioned (planning for and teaching class, counseling with parents, if necessary, and counseling with administrative staff & finishing monthly reports on time).
5.Proper use of Institute and supplies (abusing office supplies, telephone, fax or other long distance consistently over time may be serious grounds for warning and/or termination of contract).
6.Other miscellaneous standards (over time, more standards may apply in the quarterly reviews, but staff will have a significant say into these standards).

Extreme inability to perform these contract guidelines and/or quarterly review standards may be grounds for a verbal and/or written warning and/or termination of contract. Sixty days will be given in most cases and reasonable assistance in finding "new employment" may also be available if problems do arise with employment.

J. Severance Pay Incentive, Starting and Finishing Date
Severance pay equivalent to one month�s salary will be paid upon completion of a one-year contract. Severance Pay is an incentive for a teacher to work to the best of their professional ability at all times and it ensures that high standards of English Language teaching are maintained at the Institute.

This contract shall start on ___________________ and will end on ___________________. Upon completion of the full contract period, an additional month of regular salary per one year shall be paid as severance pay. If the Teacher, however, does not complete the full one-year contract, none of the severance pay shall be paid according to Korean Labor Standard Law and Korean severance tax will be withheld. Any outstanding debts (international phone calls, utilities, etc.) will be subtracted from the severance pay. So, the severance pay will be paid by wire in about 6weeks after the teacher�s departure.

The Institute reserves the right to terminate this agreement for breech of contract with written notification given sixty days in advance, and for serious breech of contract without notice. The Teacher agrees to give written notification of intention to terminate this agreement, or of interest in renewing it sixty days in advance to the termination date of the contract. Breaking contract and leaving the Institute without any notice in advance, which may cause lots of problems to the Institute will result in fines. These will be equivalent to one-month salary and the total airfare the Institute has paid to the Teacher.
Although pay starts the day the Teacher starts his/her Teacher Training Program, the effective date of this contract is the first full teaching day in the institute. The total period of this agreement is approximately one year, commencing from the first day of the session and finishing on the last teaching day of the teacher's 12th teaching session. A delay in the Teacher's arrival at the Institute, or in the opening of a new Institute may call for a re-negotiation of the contract period.

Date: Date:

Teacher: Director:

Signature: SLP institute


COMPENSATION PACKAGE

1. SLP will pay for the round trip airfare.
2. Housing allowance is calculated on the basis of the monthly cash allowance of 200,000 (US$200) won, which is not actually paid. If the Institute does not provide housing, the 200,000 won will be given in addition to the regular compensation.
3. Your compensation will be paid in Korean Currency. (US dollar amounts are for your reference only.) The institute will assist the teacher in establishing a banking and wiring account. The currency exchange rate applied here is won/USS1.00 (The rate may vary in the future.)

Note: Teacher is responsible for monthly apartment utilities (garbage removal, electricity, natural gas, water, etc.), miscellaneous apartment charges (maintenance, basic television service, etc.), periodic local taxes and telephone bill.
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The_Conservative



Joined: 15 Mar 2007

PostPosted: Sun Oct 28, 2007 4:04 pm    Post subject: Reply with quote

This should have been posted in the contract sticky thread...maybe the mods can move it.


Anyway this contract is garbage

45 classes (a usual elementary class is 40 minutes long) plus 5 hours of prep a week?

Overtime classes are not paid if they fall on a holiday?

Health insurance is NOT optional. That is a lie. They are trying to save money


Pension plan is NOT 6%. It is 4.5% EACH for Employer and Employee. They are trying to save money by increasing your share.


After six months you shouldn't have to pay anything...while not a law it is standard.


They are shafting you on holidays (half of them taken at the end of the contract)? Yeah right. Also Korean national holidays count as part of your holidays? No. You should have ten days over and above the Korean holidays. Again this is fairly standard.


And I don't like I(6) They can establish other standards AFTER the contract has been signed. NO! All standards MUST be in the contract. Otherwise they can shaft you six ways to Sunday.


Take a pass. They are already lying to you and plan to cheat you. Not to mention you will be worked like a dog.

There are MUCH BETTER contracts out there.
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nomad-ish



Joined: 08 Oct 2007
Location: On the bottom of the food chain

PostPosted: Sun Oct 28, 2007 5:13 pm    Post subject: Reply with quote

it is crap. they are blatantly lying to u in some clauses, like the pension & health insurance, and then being vague about others, like when are the staff meetings u are required to attend (during work hours? or yr time?). plus i've heard many SLPs (probably not all) have their teachers do an obscene amount of reports & paperwork.

pass on it
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Sun Oct 28, 2007 5:34 pm    Post subject: Reply with quote

And this garbage is from a UNIVERSITY, or at lease a uni-hogwan.
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