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lhasa
Joined: 26 Jan 2008
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 Posted: Thu Apr 10, 2008 2:43 am Post subject: ideal contract |
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it's likely been done but could someone post an "ideal" hagwon and/or p.s contract that i can use for comparison instead of posting various contracts?
thanks, |
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Dome Vans
Guest
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| Posted: Thu Apr 10, 2008 3:15 am Post subject: |
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C/O Gary Kasparov from the contract posting thread:
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This labor contract was made and entered into as of (month day, year) by and between (name of school), herein referred to as the "employer", and (your name) herein referred to as the "employee".
Article 1 Contract Term
1.01 This labor contract will commence on (month day, year) and terminate on (month day, year).
Article 2 Work Hours
2.01 Working hours per week shall not exceed thirty (30) hours excluding recess hours.
2.02 The employee shall work from (___) to (___) unless both parties mutually agree otherwise.
2.03 Working days shall be Monday through Friday excluding Saturday, Sunday, Korean National Holidays, and annual paid leave days.
2.04 A "working hour" shall consist of classes _____ (___) minutes in length including preparation between classes.
2.05 The employee shall be entitled to a recess _____ (___) minutes in length that may be used freely.
2.06 The employee may not work outside the place of employment without permission from the employer and Korean Immigration Officials.
Article 3 Job Duties
3.01 Interact in a professional manner with students, teachers, and parents.
3.02 Teach English to Korean students between the ages of _____ and _____ .
3.03 Work one (1) hour of class preparation before the first class.
3.04 Gain consent from the employer before starting class late or dismissing class early.
3.05 Submit daily lesson plans to the employer upon request.
3.06 Attend meetings during working hours at the request of the employer.
3.07 Implement the school curriculum under the supervision of the employer and Korean Teachers.
3.08 Wear clean clothing while casual clothing is acceptable excluding blue-jeans, shorts, and clothes with holes in them.
Article 4 Wages
4.01 The employer shall pay the employee a monthly salary of 2,200,000 Korean Won on the fifth (5th), herein "payday," of the following calendar month throughout the contract term. If the fifth (5th) lies on a Saturday, Sunday, Korean National Holiday, or annual paid leave day, the employer agrees to pay the employee on the preceding work day. Wages shall be deposited into the employee's Korean bank account. The employee shall be paid the last working months� salary upon completion of the contract term.
Article 5 Pay Receipt
5.01 Employer agrees to provide the employee with a pay receipt on payday stating the nature and amount of all deductions, taxes, and salary. Pay receipts shall bear the employer's name, signature, and institute seal.
Article 6 Overtime
6.01 Overtime hours offered in excess of a thirty (30) hours per week or eight ( 8 ) hours per day shall be paid at a rate of twenty-two thousand (22,000) Korean Won per hour. The employee can reject requests to work overtime hours from the employer without being subjected to punitive measures or dismissal.
Article 7 Tax
7.01 The employer shall make deductions from the employee's monthly salary for monthly withholding taxes according to Korean Tax Laws.
Article 8 Severance Pay
8.01 Severance pay will be paid to the instructor upon completion of this contract term.
8.02 Employee's severance pay will be calculated as the average of the last three (3) working months salary including overtime wages. Only income tax will be deducted from the employee's severance pay.
Article 9 National Health Insurance Plan
9.01 The employer shall enroll the employee into the National Health Insurance Plan. Monthly contributions will be borne fifty percent (50%) by the employer and fifty percent (50%) by the employee. Employer agrees to provide the employee with a health insurance card within twenty (20) calendar days of the employee's entry into Korea.
Article 10 Alien Registration
10.01 Employer agrees to provide the employee with an Alien Registration Card within ten (10) calendar days of the employee's entry into Korea.
Article 11 National Pension Plan
11.01 The employer shall pay fifty percent (50%) of the National Pension Plan and the employee will pay an equal amount that will be deducted from the employee's monthly salary to be paid to the appropriate agency by the employer.
Article 12 Annual paid leave
12.01 The employee will be entitled to five (5) consecutive days of annual paid leave in the summer and five (5) consecutive days of annual paid leave in the winter. Annual paid leave shall exclude Saturday, Sunday, and Korean National Holidays. The employee shall observe all Korean National Holidays throughout the contract term. No deductions in pay shall occur from the employee's monthly salary.
Article 13 Paid Sick Leave
13.01 The employee will be entitled to five (5) days of paid sick leave throughout the contract term.
13.02 In the event the employee uses two (2) consecutive days of paid sick leave, a medical certificate from a medical physician must be submitted to the employer. The employee shall notify the employer eight ( 8 ) hours before requesting a day of paid sick leave. If the employee requires more than five (5) days of paid sick leave, the employer may pay the employee monthly wages on a pro-rata basis.
Article 14 Bereavement Leave
14.01. The employee may take bereavement leave without pay for a number of days as set forth below for the following events:
a. Seven (7) consecutive work days for employee's marriage.
b. Seven (7) consecutive work days for the death of employee's parents, siblings, grandparents, or spouse.
c. Seven (7) consecutive work days for the death of employee's child.
Article 15 Airfare
15.01 The employer agrees to purchase one (1) round-trip airline ticket for the employee before departing for Korea. Upon completion of the labor contract, the employer will provide the employee with the return portion of the round-trip airline ticket.
Article 16 Housing
16.01 The employer shall provide the employee with rent for a furnished single apartment. Furnishings provided by the employer will include a bed, washing machine, telephone, air-conditioner, refrigerator, stove, chair, table, television, cooking utensils, eating utensils, blanket, and clean linen.
16.02 Employee must care for the furnishings and apartment provided by the employer. The employee will be liable for the cost of repairs or replacement to furniture damaged as a result of negligence. Where used furnishings are provided, the employee will not be responsible for replacement of the said furnishings and equipment due to wear and tear from normal use. The employee shall pay for utility bills. Utilities will include telephone, electricity, television, internet, gas, and water.
Article 17 Dismissal
17.01 The employer may dismiss the employee for justifiable reason. For purposes of this labor contract, "justifiable reason" shall mean:
(1) Breach of the Korean Criminal Code
(2) Written warnings for neglecting the job duties in Article (3) on a frequent basis
(3) Written warnings for frequent absences from work (excluding paid sick leave and bereavement leave) without permission from the employer.
(4) Conducting classes while under the influence of alcohol or illegal drugs excluding prescription medications
(5) Conducting private lessons
(6) Working outside the place of employent without permission from Korean Immigration Officials
(7) Gross negligence
17.02 The employer will give a notice of dismissal to the employee in writing thirty (30) days before dismissal. Whereas the notice is not given thirty (30) days before dismissal, the employer shall pay wages greater than thirty (30) days to the employee. The notice of dismissal shall state the reasons for dismissal, notification date and bear the institute seal.
Article 18 Resignation
18.01 The employee must submit a letter of resignation to the employer thirty (30) calendar days prior to resigning from the place of employment.
18.02 The employee will not be entitled to severance pay if the employee resigns before completing the contract term.
18.03 If the employee resigns before six (6) full months of employment have been worked, the employee must reimburse the employer for the cost of the round-trip ticket from the �point of hire� (employee's residence) to South Korea.
18.04 If the employee resigns after six (6) full months of employment have been worked, the employee must reimburse the employer for the cost of the round-trip ticket from South Korea to the �point of hire� (employee's residence).
Article 19 Labor Contract Modifications
19.01 The provisions of this labor contract may not be modified, amended or waived, except by a written instrument duly executed by both parties.
Article 20 Governing Law
20.01 The terms of this labor contract shall be construed and determined in accordance with the laws of the Republic of Korea.
20.02 That the governing language for this labor contract shall be Korean and the employer hereby agrees to provide the employee with a true and faithful written translation in English.
20.03 If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first try to resolve it in accordance with a principle of good faith. However, if the parties fail to mutually resolve such disputes or disagreements or come to amicable settlements, their disputes or disagreements shall be finally resolved by arbitration of the Korean Commercial Arbitration Board.
20.04 Both parties hereby agree to sign the Korean language and English language version of this labor contract.
Date:
Employer Name:
Employer Signature:
School Name:
School Address:
School Telephone Number:
Employee Name:
Employee Address:
Employee Signature:
Institute Seal: |
The big things to watch out for are:
*Unpaid extra work and duties (including compulsory weekend work)
*No pension
*No Health insurance
*No Tax
*Shared housing and lack of itinerary including things like A/C.
*Deposits or monies owing (severance, deposits etc) after the contract expires, difficult to sort out if you've left the country at the end of the contract
*Slave contracts with excessive number of lessons, unspecified working days or 'teaching hours'
*The one way ticket should not be paid back by the employee if you complete six months of the contract.
*Excessive deposits taken from your salary for the first few months, especially if they get paid back after you leave.
(These are all my tired brain can think of at the moment but I'm sure others will add some extra)
Watch out for vague wordy contracts. These are mostly for Hagwon's these things.
PS contracts are pretty water tight. You'll have your basic paid, tax, health and pension. Different schools will interpret the contract in different ways especially when it comes to some unpaid duties. But on the whole I think they're better. Also you stand a better position with PS when it comes for renewal to amend the contract more favourably. |
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BS.Dos.
Joined: 29 Mar 2007
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| Posted: Thu Apr 10, 2008 3:22 am Post subject: |
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Pay: Name your price
Hours: Come on in if you feel like it.
Vacation: Relax, we've got it covered. Enjoy yourself.
Job Description: We're promoting a new approach to language acquisition it's called the YouTube yourself stupid to better English. Fast.
Experience: Excellent. So you've actually been to school. |
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greedy_bones
Joined: 01 Jul 2007
Location: not quite sure anymore
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| Posted: Thu Apr 10, 2008 8:57 am Post subject: |
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A couple nice parts of my contract are
*Overtime must be agreed to by both the employee and employer
*Maximum of 30 50 minute classes a week
Additionally, if there is mention of any additional time for lesson planning, meetings, phone teaching, etc., make sure the contract mentions working hours in addition to teaching hours. My first year, I was working about 50 hours a week with teaching plus all the extra work.
Also, avoid phone teaching like the plague. This is where you call every one of your students in your free time and have to talk to them for 5-10 minutes, and then call them again and again until you reach them if they aren't home. |
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