Korean Job Discussion Forums

[gypsy trader]

Hi,

I would appreciate any feedback about this contract. The school has a fairly good curriculum, but I'm not sure if the position is for kindy/elementary students or the preschool group. They've also asked if I can do extracurricular activities. The position has shared housing - and by law isn't severence due in full at the end of the contract if you don't renew...
Has anyone ever negotiated contract details - any tips? The current teachers have a 6-mo. contract, which I would prefer.
Thank you very much for your time.
gt


CONTRACT
.....(hereinafter referred to as the ��employer or school��) and ________________________ , a citizen of _________________________________ , passport No : ___________________ (hereinafter referred to as the ��teacher"). The teacher is hereby hired by the employer and both parties agree on the following terms and conditions:

1. PERIOD OF EMPLOYMENT

The total agreement term is approximately one year commencing from the first teaching day determined here as 17th May 2004 after arrival to Korea and finishing on the last teaching day of the teacher��s twelfth teaching session, 16th May 2005
The term of this agreement includes twelve (12) full and consecutive teaching sessions, and all scheduled vacations and holidays that fall between or during teaching sessions.
The teacher agrees to discontinue residence in Korea under the visa status sponsored by the employer within five working days of completion of this employment

2. CONDITIONS OF EMPLOYMENT

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

ESL instruction in any and all phases of the School��s program.
Curriculum design and implementation.
Development of educational program and materials.
Out-of-classroom activities for/with students.
Grading and evaluation of students.
Student counseling or evaluation.
Attendance at teachers�� meeting and workshops.
Preparation and cleaning of the classroom outside the teaching hours
Other related activities.

3. DUTIES OF TEACHERS

During the term of this agreement, the teacher shall cooperate and comply with the instructions, training and supervision of the employer and shall carry out such assignments as directed by the employer. These duties shall include the instructional program, related to the teacher��s classroom duties, attendance at scheduled staff meetings and workshops, and any additional duties and activities as assigned by the employer is responsible for establishing and communicating the standards of performance as related to the above-mentioned duties.
If the teacher doesn��t show up for the class (with or without advance notice), the situation might be considered as sick day or unpaid leave. In order to be considered as a sick day, the teacher needs to provide a doctor��s note. Otherwise, it will be considered as an unpaid leave and will be deducted 20,000 per hour.
Teacher may be required to participate in training and trial period in order to become accustomed to the curriculum and culture.
Teacher must inform Academic Supervisor of any necessary changes in classroom or hours.
When teaching classes, teacher��s attire must be clean and show dignity of Teacher. Torn pants (trousers), revealing clothes, dirty clothes and slippers are not allowed.

4. SALARY & OVERTIME

2,000,000 won (excluding taxes) will be guaranteed for 30 teaching hours per weekly session (1 hour is 60 minutes) so an annual salary will be 24,000,000 won. The number of regular teaching hours will be 30 hours per week. This salary will be paid on the fifth working day of the following month. Each teaching hour in excess of 30 hours per week is considered as overtime. The overtime pay will be 20,000 won per working hour. Attendance at scheduled staff meetings and workshops (which is mandatory – no pay) cannot be considered as overtime.

5. WORKING HOURS

Classes are held from Monday to Friday and work hours are from 9:00am to 6:00pm. During the term of this agreement, the teacher shall be required to work well and closely with the employer shall direct. No regular schedule of work hours as requested by the teacher can be guaranteed to the teacher.

6. TAX

Income tax and retirement taxes will be deducted from the monthly salary according to the Korean National Labor law.

7. TRANSPORTATION

The teacher will purchase a round trip economy class ticket round trip to Korea from a major international airport. The teacher will be reimbursed the full ticket purchase price upon arrival in Korea at which time the teacher will provide the employer with the return ticket portion. After completing the one year contract, the teacher will receive the return portion of the ticket from the employer. In the event that the teacher willfully leaves the school before his/her contract is over, the employer will not be responsible for the return ticket. If the teacher willfully leaves the school before six (6) months, the teacher must payback the initial airfare or the employer may deduct the amount of airfare from the teacher��s last payment.

8. ORIENTATION PERIOD

After arrival in Korea, teachers may be allowed a few days for adjustment and school preparation before beginning regular teaching duties. The orientation period will be spent in the school for preparing for classes and learning the instructional system.

9. MEDICAL INSURANCE

The teacher will be covered by medical benefits under the Korean Medical Insurance Union for the one year contract.

10. VACATION & HOLIDAYS

Holidays: There are 13-15 Korean holidays per year. The teacher is not required to work on these days.
Annual leave: The teacher is permitted ten 10 working days of paid leave per year. The teacher agrees to give at least 10 working days notice in advance. Paid leave can be taken no more than two (5) days at one time unless prior arrangements are made with the employer
Tardiness: If the teacher is late without notification, hourly pay may be deducted.

11. HOUSING

The employer shall provide furnished living accommodations. Furnishings provided by the employer include TV, refrigerator, etc selection of a shared apartment will be made by the employer. The teacher will pay the cost of monthly service, utility, and telephone charges for the accommodation provided.

12. SEVERNACE PAYMENT

Upon completion of this contract, the teacher will receive one month��s salary (2,000,000 won) as the severance pay in accordance with the Korean Labour Laws. Payment of 1,000,000 will be made at the time of completion of the contract. The remaining 1,000,000 won payment will be paid upon receipt of outstanding utilities.

After the monthly utilities for the teacher��s final month are received and paid the remaining balance will be forwarded to the teacher along with receipts verifying the deductions.

13. DISMISSAL OR VOLUNTARY RESIGNATION

The employer will have the right to dismiss the teacher in case of neglecting his/her duties under this agreement, including but not limited to, frequent absences from the place of employment without the approval of the employer, or receiving reprimand letter twice, or manifesting inability to perform the duties stated under this agreement. Prior to any such dismissal, the teacher will be warned of dissatisfaction with performance and will be afforded at least twenty (20) working days in which to remedy the same. Criminal or other conduct that has been clearly substantiated inside or outside the place of employment, and that would in the opinion of the employer, and the employer could cause for immediate dismissal will result in dismissal with no warning and no time for remedy being allotted.
In the case where the teacher's conduct seriously jeopardizes any student or staff person, or the reputation of the employer according to the rule of school, the teacher will be dismissed. In any case of dismissal or voluntary resignation, the teacher will not provide a return ticket and will not pay the severance payment. In addition, the teacher who is dismissed before six (6) months must payback the initial airfare or the employer may deduct the amount of airfare from the teacher��s last payment.
The teacher will not be allowed to teach private lessons outside of the place of employment without permission of the employer. Such action is grounds for immediate dismissal. In this case, the employer will not pay the teacher return ticket and severance payment
With the exception of section 13 of this contract, the teacher may voluntarily resign from this contract with 45days written notice. In the event that the ��teacher�� seeks release from this contract before the contracted term of one year, the ��employer�� will deduct 200,000 won for administrative fee from the last month salary in addition to other relevant fees (e.g. airfare, utility expenses and etc.). The last month salary will not be paid until all the expenses have been cleared and deducted.
With exception of section 13 of this contract, the employer reserves his/her right to terminate this contract without any advance notice if the school can no longer operate due to unforeseeable reasons beyond the management��s control. In this event, the employer will hand over to the teacher immediately the return portion of the air ticket and pay in full any and all outstanding monies due for salary (for the days taught but unpaid), severance pay (if applicable) after deduction all outstanding payments (such as utility and etc). The teacher is also entitled to stay in the apartment until able to leave the country or make alternative arrangements.

14. GOVERNING LAW & JURISDICTION

This agreement will be governed by the appropriate laws of the Republic of Korea.

The following employment agreement is made between the following the two parties.

[mishlert]

There are red flags all over the place:

[phaedrus]

Looks typical for a hagwon.

Just another high headed arse who thinks their little fears and work requirements justify putting bad clauses into a contract.

[Crois]

Once your visa is up you got to leave but you can get an extention just to piss em off.

Dont sign the bloody contract or i will beat you myself.

[gypsy trader]

Thanks everyone, it's nice to hear from the vets. No beating necessary (LOL) - I can wait, and will wait for the right position. Your comments are very much appreciated!

Have a great weekend!

gt

[TheUrbanMyth]

[Toby]

It looks like another standard contract. There doesn't appear to be anything underhand going on.

Talk to someone who works there who can tell you about the boss.

That is your best course of action.

[phaedrus]

[Homer]

mishlert,

These were not red flags...

They were pretty much par for the course contract clauses.

This is not a great job but it is not a horrible job either.

[Grotto]

DO NOT SIGN THIS CONTRACT

If you want to be a slave for a year putting in 50 plus hours go for it.

RED FLAG 1: low pay for excessive hours
RED FLAG 2: sick days being deducted at 20,000 won an hour
that would mean if you missed a days work they would
dock you 180,000 won
RED FLAG 3: Non paid mandatory staff meetings. If you have to
attend a meeting it should be paid
RED FLAG 4: curriculum design? Not without being paid for it!
RED FLAG 5: Preparation and cleaning of the classroom outside
of scheduled times???
RED FLAG 6: no regular schedule

Shared housing isnt a red flag it just sucks

RED FLAG 7: withholding 1,000,000 won kiss that cash goodbye.

RED FLAG 8: With the exception of section 13 of this contract, the teacher may voluntarily resign from this contract with 45days written notice. In the event that the ��teacher�� seeks release from this contract before the contracted term of one year, the ��employer�� will deduct 200,000 won for administrative fee from the last month salary in addition to other relevant fees (e.g. airfare, utility expenses and etc.). 200,000 won for administrative fees

Too many grey areas it is a poorly worded contract almost entirely in the employers favor.

My advice get an eleven foot long pole push it away and avoid.

[gypsy trader]

Thanks everyone for the feedback. For the record, I declined the offer and I'm still looking.

Have a nice day !

[OiGirl]

[chronicpride]

[gypsy trader]

chronic pride,

I always take time to speak with teachers (and email them if possible), the director, read the contract, and then make up my mind. I really appreciate everyone's feedback.

Thanks, and have a good day.

gt

[Gollum]

Out of classroom activities with students??? What is that?

You'd better find out what they do out of class, and how often. Also if you'll get paid for that.

Also, remember that as far as the Korean Gov't is concerned, if you are teaching outside of your hagwon building, it is ILLEGAL! Even if it's with the same hagwon.