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Contract... what do you think??

 
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headintoasia



Joined: 17 Jan 2008

PostPosted: Wed Feb 13, 2008 8:05 pm    Post subject: Contract... what do you think?? Reply with quote

분당 Wishing Well 외국어학원
EMPLOYMENT CONTRACT FOR ENGLISH INSTRUCTORS

Employee is hired by the employer as an instructor for the following period:
From March 18th, 2008 to December 31st, 2008.
The parties agree to carry out the terms of employment as set forth here in. The following is a description of the employer/employee relationship. Employee and employer are expected to comply with the following conditions:


1. Schedule

The number of regular teaching hours will be 30 (120 hours per month) hours per week. Class will be held from Monday to Friday. Class and teaching are scheduled in accordance with the needs of the institute; however, reasonable efforts will be made to accommodate Employee�s requests. Employee may not accept any work not assigned by the institute.


2. Payment

Employer agrees to pay employee in the amount of 2 million won per month. Pay period begins on the first day and ends on the last day of each month and the monthly salary is payable on the last day of the month following each pay period. Overtime rate for each hour worked over and above 120 hours per month is (\20,000) per hour. Korean income and resident taxes will be withheld. Income tax rate on salary is 3.5% to 5%.



3. Accommodation

The school shall provide a furnished living shared accommodation. Furnishings provided by the Employer include: blanket, pillow, television, toaster, bed, kitchen table, chairs, two-burners, refrigerator, wardrobe, telephone, and washing machine. Employer is responsible for the payment of the rent. However, employee is responsible for payment of utilities that they use (telephone bills, gas, electricity, e.t.c).


4. Airfare

The employer is to provide the teacher with an economy class ticket (from nearest international airport to South Korea) and transportation from the airport in Korea to the teacher�s residence in Korea. After completion of the contract, the teacher will be provided with a return ticket. If the teacher leaves the school before his/her contract period ends, the school will not pay for his/her return ticket. If the teacher leaves the school before six (6) months the school may deduct the recruitment fee and the ticket the school has paid for his/her trip to Korea or the equivalent amount off the teacher�s last month payment.


5. Medical Insurance

Employer agrees to provide medical insurance for Employee through group membership. Employer further agrees to pay fifty (50) percent of the monthly premium. Employee is responsible for the other fifty (50) percent, and Employee�s portion of the monthly premium is made through deduction from salary. Dental and pre-existing conditions are not included.


6. Job Description

1) English teacher/Instructor:

Employee as an English teacher, will direct and guide the students in English related subjects, and as such, minimal class preparation is required. Employee will be provided with the books and teaching materials necessary to conduct the class. Employee is expected to conduct the class without assistance.

2) Native English Speaker:

Employee, as a native speaker, will instruct the students in pronunciation and English related exercises. Employee will be provided with the necessary material to conduct such exercises. Minimal class preparation is required. Employee is expected to conduct the class without assistance. Korean teacher may assist. Employee is expected to do minimal amount of phone conversations with students when requested by the academic supervisor or the director.

3) CONDITIONS OF EMPLOYMENT

The teacher's work shall consist primarily of the following:

a. EFL instruction in any and all phases of the Institute�s program to classes that range
from the pre-school to adult.
b.Curriculum design and implementation.
c. Development of educational program and materials.
d. Out-of-classroom activities for/with students.
e. Grading and evaluation of students.
f. Student counseling or evaluation.
g. Attendance at teachers' meetings and workshops.
h. There will be a teacher�s training for the first month.
i. Other related activities.


7. Holidays/ Vacation/ Sick leave/ Tardiness notification procedures

1) Holidays: There are about 10-15 Korean National Holidays per year. Employee is not required to work on these days.

2) Vacation: Employee is permitted one week of paid vacation per year. (One set 1 week vacation in the summer)

3) Unpaid leave: Unpaid leave is permitted only under extreme and unusual circumstances. Extreme and unusual circumstances include, but not limited to, death or serious illness of family member in direct line. Upon presentation of proper notice and proof to the Employer, Employee may be granted up to seven (7) days of unpaid leave.

4) Sick leave: Employee is permitted up to four (4) days of paid sick leave per year. Unused sick leave may not to taken as annual leave. In order to be eligible for paid sick leave, when Employee is unable to attend class due to illness, he/she shall notify Employer, with an accompanying proof of illness from a physician, at least 3 hours prior to the commencement of the class. If Employee fails to notify Employer with proper proof of illness, the employer has the right to deduct one day�s pay for every day the employee is absent from work.

8. Release from contract

Both parties have the right to make the contract null and void under one of the following circumstances:
1) The health of the Employee is such that it is deemed impossible for the employee to continue working.

2) Blatant misconduct by Employee either professionally or otherwise.

3) Employee violates Korean law.

4) In the event of war, civil strife, or other disturbances or matters that are deemed by either the Employee�s government or Korean government as being unusual and of adequate reason for leaving the country, provided that official documents from respective embassies are presented.

Notification Requirement: Employer or Employee may annul the contract by giving a minimum of two (2) months advance notice in writing. In the case of Employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment includes, but not limited to persistent blatant and gross misconduct, conducting classes under the influence of intoxicants, continual absence and/or tardiness for classes. If Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter.

9. Legal action

If there is a dispute between the parties involved in this contract, parties agree to the final judgment of a Korean civil court, or Korean civil law, whatever the final decision may be. If at anytime Employee leaves the institution without giving prior notice and without going through the appropriate procedures, Employer has the right to pursue legal actions, for damages and attorney fees, against Employee. If Employee has left Korea altogether, Employer has the right to pursue legal actions outside of Korea.

Employer:

Name of Institute: 분당 Wishing Well 외국어학원

Address: _____________________________________________________________

Name of Employer: ___________________________________________________

Signature: ______________________________________________

Date: ___________________________________________________



Employee:

Address: _____________________________________________________________

Name of Employee: ___________________________________________________

Signature: ______________________________________________

Date: _________________________________


What does everyone think about this contract?? I am a first timer so any advice would HEW분당 Wishing Well 외국어학원
EMPLOYMENT CONTRACT FOR ENGLISH INSTRUCTORS

This contract is an agreement between two parties:
Chrisitne Heron, the Employee and 분당 Wishing Well 외국어학원, the Employer.

Employee is hired by the employer as an instructor for the following period:
From March 18th, 2008 to December 31st, 2008.
The parties agree to carry out the terms of employment as set forth here in. The following is a description of the employer/employee relationship. Employee and employer are expected to comply with the following conditions:


1. Schedule

The number of regular teaching hours will be 30 (120 hours per month) hours per week. Class will be held from Monday to Friday. Class and teaching are scheduled in accordance with the needs of the institute; however, reasonable efforts will be made to accommodate Employee�s requests. Employee may not accept any work not assigned by the institute.


2. Payment

Employer agrees to pay employee in the amount of 2 million won per month. Pay period begins on the first day and ends on the last day of each month and the monthly salary is payable on the last day of the month following each pay period. Overtime rate for each hour worked over and above 120 hours per month is (\20,000) per hour. Korean income and resident taxes will be withheld. Income tax rate on salary is 3.5% to 5%.



3. Accommodation

The school shall provide a furnished living shared accommodation. Furnishings provided by the Employer include: blanket, pillow, television, toaster, bed, kitchen table, chairs, two-burners, refrigerator, wardrobe, telephone, and washing machine. Employer is responsible for the payment of the rent. However, employee is responsible for payment of utilities that they use (telephone bills, gas, electricity, e.t.c).


4. Airfare

The employer is to provide the teacher with an economy class ticket (from nearest international airport to South Korea) and transportation from the airport in Korea to the teacher�s residence in Korea. After completion of the contract, the teacher will be provided with a return ticket. If the teacher leaves the school before his/her contract period ends, the school will not pay for his/her return ticket. If the teacher leaves the school before six (6) months the school may deduct the recruitment fee and the ticket the school has paid for his/her trip to Korea or the equivalent amount off the teacher�s last month payment.


5. Medical Insurance

Employer agrees to provide medical insurance for Employee through group membership. Employer further agrees to pay fifty (50) percent of the monthly premium. Employee is responsible for the other fifty (50) percent, and Employee�s portion of the monthly premium is made through deduction from salary. Dental and pre-existing conditions are not included.


6. Job Description

1) English teacher/Instructor:

Employee as an English teacher, will direct and guide the students in English related subjects, and as such, minimal class preparation is required. Employee will be provided with the books and teaching materials necessary to conduct the class. Employee is expected to conduct the class without assistance.

2) Native English Speaker:

Employee, as a native speaker, will instruct the students in pronunciation and English related exercises. Employee will be provided with the necessary material to conduct such exercises. Minimal class preparation is required. Employee is expected to conduct the class without assistance. Korean teacher may assist. Employee is expected to do minimal amount of phone conversations with students when requested by the academic supervisor or the director.

3) CONDITIONS OF EMPLOYMENT

The teacher's work shall consist primarily of the following:

a. EFL instruction in any and all phases of the Institute�s program to classes that range
from the pre-school to adult.
b.Curriculum design and implementation.
c. Development of educational program and materials.
d. Out-of-classroom activities for/with students.
e. Grading and evaluation of students.
f. Student counseling or evaluation.
g. Attendance at teachers' meetings and workshops.
h. There will be a teacher�s training for the first month.
i. Other related activities.


7. Holidays/ Vacation/ Sick leave/ Tardiness notification procedures

1) Holidays: There are about 10-15 Korean National Holidays per year. Employee is not required to work on these days.

2) Vacation: Employee is permitted one week of paid vacation per year. (One set 1 week vacation in the summer)

3) Unpaid leave: Unpaid leave is permitted only under extreme and unusual circumstances. Extreme and unusual circumstances include, but not limited to, death or serious illness of family member in direct line. Upon presentation of proper notice and proof to the Employer, Employee may be granted up to seven (7) days of unpaid leave.

4) Sick leave: Employee is permitted up to four (4) days of paid sick leave per year. Unused sick leave may not to taken as annual leave. In order to be eligible for paid sick leave, when Employee is unable to attend class due to illness, he/she shall notify Employer, with an accompanying proof of illness from a physician, at least 3 hours prior to the commencement of the class. If Employee fails to notify Employer with proper proof of illness, the employer has the right to deduct one day�s pay for every day the employee is absent from work.

8. Release from contract

Both parties have the right to make the contract null and void under one of the following circumstances:
1) The health of the Employee is such that it is deemed impossible for the employee to continue working.

2) Blatant misconduct by Employee either professionally or otherwise.

3) Employee violates Korean law.

4) In the event of war, civil strife, or other disturbances or matters that are deemed by either the Employee�s government or Korean government as being unusual and of adequate reason for leaving the country, provided that official documents from respective embassies are presented.

Notification Requirement: Employer or Employee may annul the contract by giving a minimum of two (2) months advance notice in writing. In the case of Employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment includes, but not limited to persistent blatant and gross misconduct, conducting classes under the influence of intoxicants, continual absence and/or tardiness for classes. If Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter.

9. Legal action

If there is a dispute between the parties involved in this contract, parties agree to the final judgment of a Korean civil court, or Korean civil law, whatever the final decision may be. If at anytime Employee leaves the institution without giving prior notice and without going through the appropriate procedures, Employer has the right to pursue legal actions, for damages and attorney fees, against Employee. If Employee has left Korea altogether, Employer has the right to pursue legal actions outside of Korea.

Employer:

Name of Institute: 분당 Wishing Well 외국어학원

Address: _____________________________________________________________

Name of Employer: ___________________________________________________

Signature: ______________________________________________

Date: ___________________________________________________



Employee:

Address: _____________________________________________________________

Name of Employee: ___________________________________________________

Signature: ______________________________________________

Date: _________________________________

What does everyone think ? I am new at this so any info would help!!


Last edited by headintoasia on Thu Feb 14, 2008 3:07 pm; edited 3 times in total
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Ut videam



Joined: 07 Dec 2007
Location: Pocheon-si, Gyeonggi-do

PostPosted: Wed Feb 13, 2008 8:10 pm    Post subject: Reply with quote

I think you should post this in the contracts sticky thread. Razz
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nomad-ish



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

PostPosted: Wed Feb 13, 2008 8:22 pm    Post subject: Reply with quote

just briefly looked through it. i wouldn't sign that. besides other reasons, you do realize that in some areas you can get 2mil/month as a public school newbie teaching 22hrs/wk?
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Atavistic



Joined: 22 May 2006
Location: How totally stupid that Korean doesn't show in this area.

PostPosted: Wed Feb 13, 2008 8:31 pm    Post subject: Re: Contract... what do you think?? Reply with quote

headintoasia wrote:

Employee is hired by the employer as an instructor for the following period:
From March 18th, 2008 to December 31st, 2008.


Why is this less than a year?

Quote:

The number of regular teaching hours will be 30 (120 hours per month) hours per week. Class will be held from Monday to Friday. Class and teaching are scheduled in accordance with the needs of the institute; however, reasonable efforts will be made to accommodate Employee�s requests. Employee may not accept any work not assigned by the institute.


NO. Get the TIMES. Otherwise you open yourself up to being jerked around/split-shifted.

Quote:

Employer agrees to pay employee in the amount of 2 million won per month. Pay period begins on the first day and ends on the last day of each month and the monthly salary is payable on the last day of the month following each pay period.


Negotiate for more pay.

And wait, this says that you will get paid for September's work, say, at the END of October? NO. NO NO NO. Pay should be done as SOON as the pay period is worked, in my opinion, but the 10th seems to be a common day. But a one month pay wait? HELL NO.

Also, should say pay will be prorated for you because you're starting mid-month.

Quote:
The school shall provide a furnished living shared accommodation.


You want to share housing with a stranger? Just say no. I don't think MOST people here share housing (unless by choice because they're married or whatever).

Quote:

The employer is to provide the teacher with an economy class ticket (from nearest international airport to South Korea) and transportation from the airport in Korea to the teacher�s residence in Korea. After completion of the contract, the teacher will be provided with a return ticket. If the teacher leaves the school before his/her contract period ends, the school will not pay for his/her return ticket. If the teacher leaves the school before six (6) months the school may deduct the recruitment fee and the ticket the school has paid for his/her trip to Korea or the equivalent amount off the teacher�s last month payment.


The full ticket/six month clause is normal in year long contracts. Your contract is not one year, they should shorten the six month part for you.

Quote:
Dental and pre-existing conditions are not included.


I have no idea if Dental is on the national plan, but pre-existing conditions? Ha ha! They're only pre-existing if you tell them.

Quote:

Employee is expected to do minimal amount of phone conversations with students when requested by the academic supervisor or the director.


Ugh. When? Where? Is this overtime? Prep time? Teaching time? What?

Quote:

d. Out-of-classroom activities for/with students.


Like what?

Quote:

g. Attendance at teachers' meetings and workshops.


Like what?

Quote:

h. There will be a teacher�s training for the first month.


A MONTH? Are they kidding? What does this consist of? Is it paid or unpaid? Full time, half time, what?

Quote:

i. Other related activities.


I hate this clause cause they use it for everything.

Quote:

2) Vacation: Employee is permitted one week of paid vacation per year. (One set 1 week vacation in the summer)


WAY too low. 10 is the hogwon standard, and people keep saying that LEGALLY it's 15 per year now. DO NOT think that 10-15 national days are special. They are legally required to give them to you.

Quote:

4) Sick leave: Employee is permitted up to four (4) days of paid sick leave per year. Unused sick leave may not to taken as annual leave. In order to be eligible for paid sick leave, when Employee is unable to attend class due to illness, he/she shall notify Employer, with an accompanying proof of illness from a physician, at least 3 hours prior to the commencement of the class. If Employee fails to notify Employer with proper proof of illness, the employer has the right to deduct one day�s pay for every day the employee is absent from work.


Again, 5 seems to be the standard. 3 HOURS before class? Bullshit. Make it one hour. Doctor's note is stupid, but standard, and should be given WHEN YOU RETURN to class. Otherwise, you show up with a note, and they want you to work. Yeah, right. Just say no. By the way, you have no medical privacy here.

Quote:

8. Release from contract

Both parties have the right to make the contract null and void under one of the following circumstances:
1) The health of the Employee is such that it is deemed impossible for the employee to continue working.

2) Blatant misconduct by Employee either professionally or otherwise.


OR EMPLOYER.

Quote:

Notification Requirement: Employer or Employee may annul the contract by giving a minimum of two (2) months advance notice in writing.


Change to one month.

ALSO

Edit your full name out of your post.
Your contract says nothing about pension or I missed it. You are legally required to pay pension.
The contract should allow for severance, prorated since this is less than a year, in my opinion.
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chachee99



Joined: 20 Oct 2004
Location: Seoul Korea

PostPosted: Wed Feb 13, 2008 11:08 pm    Post subject: Reply with quote

I wouldn't let my worst enemy sign this contract.
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headintoasia



Joined: 17 Jan 2008

PostPosted: Thu Feb 14, 2008 4:54 pm    Post subject: Reply with quote

Thanks for all the help Atatvistic..


- it's less than a year because we asked if we could be finished before 2009 (due to personal reasons)

- The increased the pay to 2.2 and my boyfriends pay to 2.2 as well!!
- shared apartment because I will be living with my boyfriend
- only 1 week vacation because we are leaving 2 months early
- they have added the working hours 9:30- 6:30 Monday to Friday
- They have added the prorated since we start in the middle of the month

Other then that does anyone else see a problem with this contract ??
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cbclark4



Joined: 20 Aug 2006
Location: Masan

PostPosted: Thu Feb 14, 2008 6:52 pm    Post subject: Reply with quote

Turn slowly and walk away swiftly.
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Atavistic



Joined: 22 May 2006
Location: How totally stupid that Korean doesn't show in this area.

PostPosted: Thu Feb 14, 2008 8:10 pm    Post subject: Reply with quote

headintoasia wrote:
Thanks for all the help Atatvistic..


- it's less than a year because we asked if we could be finished before 2009 (due to personal reasons)

- The increased the pay to 2.2 and my boyfriends pay to 2.2 as well!!
- shared apartment because I will be living with my boyfriend
- only 1 week vacation because we are leaving 2 months early
- they have added the working hours 9:30- 6:30 Monday to Friday
- They have added the prorated since we start in the middle of the month

Other then that does anyone else see a problem with this contract ??


All of those are good, BUT is the shared room a one or two bedroom place or a studio? 1 week vacation is still too low since it's now legally 15 days. They should prorate it to at least 10 if not 12. What about phone teaching? Pension? PENSION is important AND legally required. If your boss isn't paying pension, they aren't going to pay health either. 9:30-6:30 is 9 hours. Most people do NOT work that long and since you're only supposed to be working 30 hours a week, why do you need to be there for 45? Should be 8 hours, possibly less.

Look, I know you guys want a job. I know they're putting pressure on you, BUT YOU have the upperhand, even (and sometimes especially) if there are two of you.
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xCustomx



Joined: 06 Jan 2006

PostPosted: Thu Feb 14, 2008 8:45 pm    Post subject: Reply with quote

Since you'll be living with your boyfriend, you should see if they'd be willing to give him a housing allowance since they're saving money by getting both of you in the same officetel. See if you can get an extra 300,000/month.


This is copied from the other thread that I replied to regarding this contract:
"Why isn't there any mention of pension contributions? That's about $1000 a year if you and your boss aren't contributing. It's basically free money at the end of your contract, but your boss is probably hoping he won't have to pay into it.

"d. Out-of-classroom activities for/with students.
e. Grading and evaluation of students.
f. Student counseling or evaluation.
g. Attendance at teachers' meetings and workshops."

I would be VERY careful with these. How often and when are these out of classroom activities? Are you going on field trips? If it's within the work hours then it's no problem, but what if it's not? How much grading and evalution will you have to do? At my first hagwon I had to write about 30 report cards every month, which were EXTREMELY detailed. I was writing about 1 page, single spaced for each student. Needless to say it was very time consuming. I also took work home with me, grading student essays, speeches, etc. In addition, I made 3-6 page exams every month for each of my 6 classes, then I got to grade them all."
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Norith



Joined: 02 Nov 2007

PostPosted: Thu Feb 14, 2008 8:53 pm    Post subject: Reply with quote

I would NOT accept that contract.

First off, the idea of phone conversations is insanely offputting. I've heard many a story about teachers being required to call every student they have once or twice a week for about 2 min. a piece. So...by the time you get the student on the phone (parents will probably answer; in the beginning there may be some confusion), it's reasonable to assume closer to 5 min. Lets say you only have 50 students (you will have a lot more), that's over 4 hrs per session. I've only heard of one or two instances where teachers were actually paid for this work (ie, counts as 'teaching hours'/overtime), but I've heard of three or four instances where teachers had to do the calls at home...and pay for the telephone bill themselves.

Besides that, 3.5-5% tax is criminal. Either that, or they are including the pension, medical and tax all together...in which case, it's still criminal (pension being 4.5%, medical being somewhere around 2.3%, and tax being rediculously low).

Also, unless you have really good reasons for finishing before 2009, I'd go with a full 12month contract. Without the full monty, you don't get severence; which, between you and your boyfriend, would be near $4500 US.


I also didn't see mention of how long a teaching hour is; if the classes are actually one hour long....thats harsh. Teaching 30 actual hours per week isn't much fun, especially with prep....and figure out when your breaks would be if you want to take the job anyways.
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