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PLEASE HELP NOOB WITH FIRST CONTRACT OFFER

 
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FlyKiwiGuy



Joined: 02 Jul 2008
Location: Seoul, Korea

PostPosted: Sun Jan 31, 2010 2:17 pm    Post subject: PLEASE HELP NOOB WITH FIRST CONTRACT OFFER Reply with quote

Hi guys!

This is my first-time going to Korea (zero teaching experience) and i have been reading through the website doing my research. I recently got offered a contract offer for a private hagwon school and was wondering if you could give me advice on what is missing or should be removed from the contract's offer...the obvious one i notice is lack of pension pay (although being Kiwi citizen, i don't think i would be able to claim it back anyway-please correct me if i'm wrong!)--I have written in red writing what i think could be problem areas. ANY suggestions, about this contract, would be greatly appreciated. CHEERS
_________________________________________________________________


Employment Contract

This contract is made as of this ____________________, 2010 by and between the employer, XXX and the employee ____________________.

This is a binding agreement to the following terms and conditions.

1. Position
The employer agrees to hire the employee to fill the position of English Language Instructor and to execute all duties therein for the duration of the contracted period.

2. Period of Employment
The employee will start working from ______________________ until ____________________. Employee may be terminated sooner if the terms under section 18 are not upheld.

3. Salary
A monthly salary of ______________ Korean won will be guaranteed for up to 30 teaching hours a week (45-60 minutes/class), 120 hours a month.

4. Overtime
Overtime taught by the employee in excess of the required 30 teaching hours per week (45-60 minutes/class) will be paid at a rate of 20,000 Korean won per hour (60 minutes). (SHOULD I ASK IF THIS OVERTIME ALSO APPLIES TO ANY CLAUSE 14 �DUTIES OF EMPLOYEE� ACTIVITY?)

5. Pay Cycle
The monthly salary is to be paid once on the anniversary day of each month, beginning one month after employee�s arrival. If employee�s payday falls on Saturday, Sunday or national holiday when banks are normally closed the employee will be paid on the following business day.



6. Completion Bonus
Upon completion of this 12 month contract, the employee will be paid the equivalent of one month�s salary as a completion bonus.

7. Medical Insurance
Medical insurance is required by Korean law for all alien residents. The monthly cost is split (50/50) between employer and employee (the APPROXIMATE monthly cost to employee is 35,000 Korean won. This is around 35 US dollars.) Coverage includes emergency medical services for accidental injury and/or illness associate with, caused by, or due to working at XXX. Pre-existing conditions, dental, cosmetic surgery, and similar non-vital medical services are not included. Employee is responsible for all co-pays for medical care and prescription services.

8. Korean Income Tax
The employee must pay 3.3% tax on income as required by Korean law. (should I ask for monthly deductions to be withheld from wages by employer???)

9. Teaching Hours
The employee should arrive at work Monday through Friday at the time stated by employer; normally 2:30 pm . Employee will have breaks during working hours. Employee work time usually ends at 10 pm, but if employee is finished teaching for the day and has no additional work to do, they may leave after their last class. ( I DON�T LIKE THIS CLAUSE�too nonspecific right??)

10. Transit to and from Korea
The employee will be provided with a round-trip plane ticket. A one-way ticket will be provided for arrival to Korea. If employee is terminated or resigns before six (6) months of the contract have passed they will be responsible for the return of the cost of the one-way ticket to Korea. Upon successful completion of employee�s contract a one-way ticket will be provided for employee to return to his/her country of origin. (this all seems fair to me)

11. Housing
The employer will provide private furnished living accommodations in close proximity to school (no more than a 15 minute walk). The accommodations will include a bed, TV, washing machine, private bathroom, and kitchen set. (what about heating and air-con??)

12. Utilities
Utilities are to be paid by the employee for monthly services such as: electricity, water, gas, telephone, internet or apartment maintenance fees.




13. Paid Annual Leave
The employee shall receive ten (10) days leave in a contract year according to the schedule of the school session breaks.
 The employee may have five (5) days (for vacation or sick leave�SO NO SEPARATE SICK LEAVE RIGHT??) with administrative approval. For sick leave the employee may be asked to visit a doctor or hospital.
The employee may use 3 days during summer break and 2 days during winter break. (SHOULD I ASK FOR THE SPECIFIED CALENDAR PERIODS FOR ELIGIBLE HOLIDAY LEAVE, ALSO SHOULD I ASK FOR CONSECUTIVE DAYS LEAVE? E.G. TEACHER MAY HAVE 3 CONSECUTIVE DAYS OF LEAVE IN THIS PERIOD OF CALENDAR DATES?)
 The other five (5) days will be taken during XXX summer and winter breaks. Employee will be informed of those days off during the summer and winter terms (SHOULD I ASK FOR THOSE DATES NOW??�IT�S A SIMPLE MATTER OF USING A CALENDAR RIGHT?)
 In addition, the employee will be given off all national holidays.

14. Duties of the Employee
The employee should cooperate and comply with the instructions, training, and requests of the director, and then the employee should carry out such assignment as directed.
 Instructions in any and all phases of the institute�s programs or classes for students.
 Curriculum design and implementation.
 Development of educational programs and materials.
 Out of classroom activities for/with students when acting on behalf of XXX. (example: field trips)
 Submitting student grades and evaluations.
 Attendance at teacher�s meetings and workshops.
 Submitting daily reports.
(SHOULD I BE ASKING TO BE PAID OVERTIME FOR ANY DUTIES PERFORMED OUTSIDE AGREED SCHOOL HOURS?)

15. Dinner
Dinner will be provided for the employee by employer at no charge on work days.

16. Dress Code
At all times during the term of this contract is the employee to dress in a professional manner.
Male employees are to wear semi-formal business attire with a necktie. Female employees are to wear semi-formal business attire such as: dress skirts or pants, tops should be professional and appropriate for working with young children. Jeans are not appropriate attire during teaching hours.

17. Resignation
The employee will agree to inform the employer at least two months in advance of any significant changes in plan which have bearing upon the employee�s period of employment and in his/her ability to complete the term of employment. (IS THIS STANDARD PERIOD OF NOTICE??)

18. Termination
The employer and employee agree that this agreement is fully binding under the Republic of Korea and may be terminated by the employer at any time should these conditions not be upheld or violated:
 The employee or any of his/her dependents act in violation of Korean law.
 The employer discovers that any documents or information provided by the employee regarding his/her credentials or qualifications for employment have been falsified or deliberately fabricated.
 The employee�s visa application is rejected or employee�s visa is revoked.
 The employee fails the health and drug inspection for resident card upon arrival to Korea.
 The employee�s conduct seriously jeopardizes any student or staff member.
 The employee is found to have a drug or substance addiction.
The employee�s class enrollment drop below the institute�s average enrollment for three consecutive months.
 The employee�s conduct outside of work jeopardizes or tarnishes the reputation of XXX.
Employee�s performance is not satisfactory. (LIKE SAY...THEY DONT LIKE ME?)
 The employee is found to have violated section 19.

19. Sole Employment Provider--(IS THIS STANDARD CLAUSE?)
XXX is to be the sole employment provider for the employee while under contract. During the period of this contract the employee shall not seek any other forms or sources of income without written authorization from XXX. Considerable penalty shall be applied if the employee is found to be in violation. It is also a violation of Korean law to work without the express permission of your employer.

20. Alien Employment Laws
This agreement will be governed by the related and appropriate laws of the Republic of Korea.

This employment contract is made between:


____________________________________ ____________________________________
XXX
XXX English Language Instructor

____________________________________ ___________________________________ Date Date
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Olivencia



Joined: 08 Mar 2009

PostPosted: Sun Jan 31, 2010 2:22 pm    Post subject: Reply with quote

While others may comment on other things I will focus in on the housing. What about a table and chairs? Yes also ask about heating, AC and a fan. Also a biggie is will this be shared or not. Dude let me tell ya you need your own space.
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balzor



Joined: 14 Feb 2009

PostPosted: Sun Jan 31, 2010 2:33 pm    Post subject: Re: PLEASE HELP NOOB WITH FIRST CONTRACT OFFER Reply with quote

FlyKiwiGuy wrote:
Hi guys!

This is my first-time going to Korea (zero teaching experience) and i have been reading through the website doing my research. I recently got offered a contract offer for a private hagwon school and was wondering if you could give me advice on what is missing or should be removed from the contract's offer...the obvious one i notice is lack of pension pay (although being Kiwi citizen, i don't think i would be able to claim it back anyway-please correct me if i'm wrong!)--I have written in red writing what i think could be problem areas. ANY suggestions, about this contract, would be greatly appreciated. CHEERS
_________________________________________________________________


Employment Contract

This contract is made as of this ____________________, 2010 by and between the employer, XXX and the employee ____________________.

This is a binding agreement to the following terms and conditions.

1. Position
The employer agrees to hire the employee to fill the position of English Language Instructor and to execute all duties therein for the duration of the contracted period.

2. Period of Employment
The employee will start working from ______________________ until ____________________. Employee may be terminated sooner if the terms under section 18 are not upheld.

3. Salary
A monthly salary of ______________ Korean won will be guaranteed for up to 30 teaching hours a week (45-60 minutes/class), 120 hours a month.

4. Overtime
Overtime taught by the employee in excess of the required 30 teaching hours per week (45-60 minutes/class) will be paid at a rate of 20,000 Korean won per hour (60 minutes). (SHOULD I ASK IF THIS OVERTIME ALSO APPLIES TO ANY CLAUSE 14 �DUTIES OF EMPLOYEE� ACTIVITY?)

5. Pay Cycle
The monthly salary is to be paid once on the anniversary day of each month, beginning one month after employee�s arrival. If employee�s payday falls on Saturday, Sunday or national holiday when banks are normally closed the employee will be paid on the following business day.



6. Completion Bonus
Upon completion of this 12 month contract, the employee will be paid the equivalent of one month�s salary as a completion bonus.

7. Medical Insurance
Medical insurance is required by Korean law for all alien residents. The monthly cost is split (50/50) between employer and employee (the APPROXIMATE monthly cost to employee is 35,000 Korean won. This is around 35 US dollars.) Coverage includes emergency medical services for accidental injury and/or illness associate with, caused by, or due to working at XXX. Pre-existing conditions, dental, cosmetic surgery, and similar non-vital medical services are not included. Employee is responsible for all co-pays for medical care and prescription services.

8. Korean Income Tax
The employee must pay 3.3% tax on income as required by Korean law. (should I ask for monthly deductions to be withheld from wages by employer???)

9. Teaching Hours
The employee should arrive at work Monday through Friday at the time stated by employer; normally 2:30 pm . Employee will have breaks during working hours. Employee work time usually ends at 10 pm, but if employee is finished teaching for the day and has no additional work to do, they may leave after their last class. ( I DON�T LIKE THIS CLAUSE�too nonspecific right??)

10. Transit to and from Korea
The employee will be provided with a round-trip plane ticket. A one-way ticket will be provided for arrival to Korea. If employee is terminated or resigns before six (6) months of the contract have passed they will be responsible for the return of the cost of the one-way ticket to Korea. Upon successful completion of employee�s contract a one-way ticket will be provided for employee to return to his/her country of origin. (this all seems fair to me)

11. Housing
The employer will provide private furnished living accommodations in close proximity to school (no more than a 15 minute walk). The accommodations will include a bed, TV, washing machine, private bathroom, and kitchen set. (what about heating and air-con??)

12. Utilities
Utilities are to be paid by the employee for monthly services such as: electricity, water, gas, telephone, internet or apartment maintenance fees.




13. Paid Annual Leave
The employee shall receive ten (10) days leave in a contract year according to the schedule of the school session breaks.
 The employee may have five (5) days (for vacation or sick leave�SO NO SEPARATE SICK LEAVE RIGHT??) with administrative approval. For sick leave the employee may be asked to visit a doctor or hospital.
The employee may use 3 days during summer break and 2 days during winter break. (SHOULD I ASK FOR THE SPECIFIED CALENDAR PERIODS FOR ELIGIBLE HOLIDAY LEAVE, ALSO SHOULD I ASK FOR CONSECUTIVE DAYS LEAVE? E.G. TEACHER MAY HAVE 3 CONSECUTIVE DAYS OF LEAVE IN THIS PERIOD OF CALENDAR DATES?)
 The other five (5) days will be taken during XXX summer and winter breaks. Employee will be informed of those days off during the summer and winter terms (SHOULD I ASK FOR THOSE DATES NOW??�IT�S A SIMPLE MATTER OF USING A CALENDAR RIGHT?)
 In addition, the employee will be given off all national holidays.

14. Duties of the Employee
The employee should cooperate and comply with the instructions, training, and requests of the director, and then the employee should carry out such assignment as directed.
 Instructions in any and all phases of the institute�s programs or classes for students.
 Curriculum design and implementation.
 Development of educational programs and materials.
 Out of classroom activities for/with students when acting on behalf of XXX. (example: field trips)
 Submitting student grades and evaluations.
 Attendance at teacher�s meetings and workshops.
 Submitting daily reports.
(SHOULD I BE ASKING TO BE PAID OVERTIME FOR ANY DUTIES PERFORMED OUTSIDE AGREED SCHOOL HOURS?)

15. Dinner
Dinner will be provided for the employee by employer at no charge on work days.

16. Dress Code
At all times during the term of this contract is the employee to dress in a professional manner.
Male employees are to wear semi-formal business attire with a necktie. Female employees are to wear semi-formal business attire such as: dress skirts or pants, tops should be professional and appropriate for working with young children. Jeans are not appropriate attire during teaching hours.

17. Resignation
The employee will agree to inform the employer at least two months in advance of any significant changes in plan which have bearing upon the employee�s period of employment and in his/her ability to complete the term of employment. (IS THIS STANDARD PERIOD OF NOTICE??)

18. Termination
The employer and employee agree that this agreement is fully binding under the Republic of Korea and may be terminated by the employer at any time should these conditions not be upheld or violated:
 The employee or any of his/her dependents act in violation of Korean law.
 The employer discovers that any documents or information provided by the employee regarding his/her credentials or qualifications for employment have been falsified or deliberately fabricated.
 The employee�s visa application is rejected or employee�s visa is revoked.
 The employee fails the health and drug inspection for resident card upon arrival to Korea.
 The employee�s conduct seriously jeopardizes any student or staff member.
 The employee is found to have a drug or substance addiction.
The employee�s class enrollment drop below the institute�s average enrollment for three consecutive months.
 The employee�s conduct outside of work jeopardizes or tarnishes the reputation of XXX.
Employee�s performance is not satisfactory. (LIKE SAY...THEY DONT LIKE ME?)
 The employee is found to have violated section 19.

19. Sole Employment Provider--(IS THIS STANDARD CLAUSE?)
XXX is to be the sole employment provider for the employee while under contract. During the period of this contract the employee shall not seek any other forms or sources of income without written authorization from XXX. Considerable penalty shall be applied if the employee is found to be in violation. It is also a violation of Korean law to work without the express permission of your employer.

20. Alien Employment Laws
This agreement will be governed by the related and appropriate laws of the Republic of Korea.

This employment contract is made between:


____________________________________ ____________________________________
XXX
XXX English Language Instructor

____________________________________ ___________________________________ Date Date
2,3,4,5 are all normal you are not likely to see overtime as they will kick you lose for the day before that happens or they will find some way to loophole not paying it out. at most you might see an hour or two every now and then. Don't expect it

8 is normal. I would have them take the tax out automatically. then have them pay you in cash. don't give them your bank account. also make sure to get a paystub or something in writing that shows the tax being taken and how much you received from them.

12 the school should help you with this as far as getting the bills together for you and helping you make the payments. For example, the bills will most likely be in the employers name, so they will receive the bill. have them show you the bill and you can either give them the money( make them sign off that they received money from you, like a ledger) that way you and they can see what has been paid and when so no conflicts or turned off utilities happen.
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