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Can someone please take a look???

 
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hillann



Joined: 25 Feb 2008
Location: United States

PostPosted: Thu Mar 13, 2008 7:12 pm    Post subject: Can someone please take a look??? Reply with quote

I was going to post this on the contract posting thread but I don't think anyone looks at those...the last one was posted in '06 so here is mine for St. Peter Junior school in Daegu
Contract of Employment
This employment agreement is for the position of English Teaching Instructor, and is entered into by and between St, Peter Junior School Academy (hereafter referred to as �Institute�) and (Teacher�s Name) (hereafter referred to as �Instructor�) under the following terms and conditions.


Article 1 (Term of Employment)

The Term of Employment shall be 12 consecutive months starting ______________ and finishing on________________, to be renewed annually thereafter by agreement between Institute and Instructor.


Article 2 (Duties)

Instructor shall perform the following duties:
1. To assist Korean teachers with their English class(es) and/or jointly conduct English class(es);
2. To prepare teaching materials for English class(es);
3. To assist with the development of teaching materials related to English language education;
4. To assist with activities related to English language education and other extracurricular activities within the place of employment;
5. To conduct English conversational class(es)/course(s) for Korean teachers and students, and
6. To perform other duties as designated by Employer.


Article 3 (Work Hours)

(1) Instructor shall work forty (40) hours per week (including lunch hour) for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and any national holidays of the Republic of Korea.
(2) The Work Hours of Instructor may follow the normal work schedule of civil servants of the Korean Government; however, such Work Hours may be adjusted by Institute as he/she deems appropriate.
(3) Actual class instruction hours of Instructor shall not exceed thirty (30) hours per week. If, however, Instructor's actual weekly class instruction hours exceed thirty (30) hours due to supplementary class instruction, Instructor shall be entitled to a supplementary class instruction pay at the rate applicable to Korean teachers for the supplementary class instruction hours.
(4) Institute may require Instructor to work overtime in addition to normal Work days and Work Hours. In this case, overtime pay will be provided.



Article 4 (Salary)

(1) Instructor shall be paid the total amount of 2.1 M Korean Won per month. However, the Korean income tax and the national pension contribution (non refundable payment); 5%, as required under Korean law, shall be withheld each month from Instructor's salary. 1/2 health insurance premiums will be deducted from the salary. Overtime shall be paid 30,000 Korean Won for a 90 minutes class.
(2) Instructor's salary shall be paid on the 5th of each month for the previous month�s work. If this day falls on a national holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day.
(3) When Instructor has not worked a full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.
(4) If Instructor should be absent from work without having obtained a prior approval, Instructor's salary for that month shall be lessened by the amount calculated on a pro rata basis for the number of unauthorized absent days.
(5) Instructor shall not claim, against Employer, any compensation and/or payment other than those provided for in this Contract.

(6) Instructor will be given an additional one month�s salary of 2.1 M Korean won for completing the full contract period. This amount will be paid at that time of completion of the full contract term

(7) Staff meeting and workshops are not considered overtime.

(Cool The employee will not be paid for partitioning in English contest or graduation ceremonies.


Article 5 (Renewal)

(1) The Term of Employment may be renewed by the mutual written agreement between Institute and Instructor, provided that each renewed employment term does not exceed one (1) year.

(2) Three months prior to the Instructor�s contract completion, they should notify the Institute if they would like to renew their contract for an additional year or not.


Article 6 (Airfare)

(1) A one-way ticket will be provided to the instructor by the institute. Upon completion of the contract, a return ticket will be provided by the institute. However, if the instructor fails to complete the above contract period for any reason, the return ticket will not be given to the instructor. If the teacher leaves willfully or in case the employment contract was terminated due to cause before 6 months from start of work, the employee must repay the airfare which was paid by the employer.


Article 7 (Housing)

(1) Institute shall provide Instructor with housing selected by Institute. Housing selected by Institute may be, including but not limited to, a leased house, a studio-type room. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing shall be borne by Instructor.
(2) If Institute provides housing to Instructor, Institute may provide, appliances and furniture such as a bed, table and chairs, a closet, a gas range, a refrigerator, a washing machine, a microwave, and a TV set. The Instructor is responsible for the appliances provided and will replace those which are broken. Instructor shall not request or demand any other appliances or furniture than those provided by Institute.


Article 8 (Vacation)

(1) Institute shall be entitled to a vacation period of total of a ten (10) workdays during the Term of the Employment, this will include the days which are closed officially by the school during the summer and the winter.

(2) Scheduling of vacation time should be agreed by both Institute and Instructor. Notice of Intended vacation shall be given two months in advance.
(3) Instructor shall apply for and obtain vacation after 6 months of work from the first day of employment.

(4) Employee shall receive 10 vacation days (including sick days & school vacation) during the contract term according to a yearly schedule refers.


Article 9 (Dress Code)

(1) The Instructor is expected to respect the Institute�s dress code whole in the classroom and must obtain permission from the Institute to wear clothing, jewelry, or other items that are not considered appropriate for a professional environment in Korea.



Article 10 (Codes of Conduct)

(1) Instructor shall not behave in any manner which may damage or tarnish the reputation of the teaching profession.
(2) Instructor shall not engage in any other job (including a part-time job) during the Term of Employment.
(3) Instructor shall not be involved in any activities which may cause harm to the students or be of detriment to the reputation of the school.


Article 11 (Termination of the Contract)

(1) Institute may terminate or cancel this contract upon occurrence of any one of the following events:
1. If Instructor violates the laws of the Republic of Korea.
2. If Instructor fails to perform or unsatisfactorily perform any of the duties stipulated in this contract.
3. If Instructor fails to perform continuously his/her duties for more than a week without any excuse.
4. If any of the information provided in Instructor's application is neither true nor accurate.

Article 12 (Matters not explicitly stated in the Contract)

(1) Matters not explicitly stated in the Contract shall be determined by Institute by taking Instructor's concerns into consideration.


Article 13 (Condition of Employment)

(1) Instructor shall complete several days of orientation conducted by the Institute. The days of orientation will depends on teacher�s experience.
(2) The orientation period shall not be included in the Term of Employment. Thus, Instructor will be paid 50,000 won a day during the orientation period.
(3) If Instructor fails to fully complete the orientation, this Contract shall be subsequently terminated and Instructor must return to his/her home country. In that case, the return airfare shall be borne by Instructor, and the loan for the flight to Korea provided for shall not be available to Instructor. Instructor's visa shall be cancelled.


Article 14 (Indemnity)

(1) Instructor shall indemnify for and keep Institute harmless from any liability or damages arising from or in relation to any negligent, intentional or illegal activity of Instructor during the Term of Employment under this Contract.


Article 15 (Governing Law and Venue)

(1) The terms of this Contract and the rights and obligations of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.
(2) 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 in Seoul, Korea in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board.
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crsandus



Joined: 05 Oct 2004

PostPosted: Thu Mar 13, 2008 7:20 pm    Post subject: Reply with quote

Ummm slightly off topic but did you try looking at the LAST page of the Contracts thread? There's 70+ pages and the last page has multiple updates from the past few days.
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TheChickenLover



Joined: 17 Dec 2007
Location: The Chicken Coop

PostPosted: Thu Mar 13, 2008 7:21 pm    Post subject: Reply with quote

Hogwan's are a complete waste of time. Not worthy of putting on a resume & are a subject of ridicule by substituting 'teaching' with babysitting.

Chicken
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nomad-ish



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

PostPosted: Thu Mar 13, 2008 7:24 pm    Post subject: Re: Can someone please take a look??? Reply with quote

you do realize that you can get a public school contract for 2.0 for 40 working hours a week and 22 teaching hours, right? and your OT rate at a public school will be 20,000-25,000W per class hour (40-50min.), which is better than 30,000/90min.

forced OT, "Staff meeting and workshops are not considered overtime" (you can bet they won't be during your working hours as well). no pay for ceremonies and contests (korea, in general, has a lot of ceremonies)

ok, i'm just going to stop reading now. go for a public school or go for more money or less working hours
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ceesgetdegrees



Joined: 12 Jul 2007

PostPosted: Thu Mar 13, 2008 7:34 pm    Post subject: Reply with quote

TheChickenLover wrote:
Hogwan's are a complete waste of time. Not worthy of putting on a resume & are a subject of ridicule by substituting 'teaching' with babysitting.

Chicken


complete and utter bullshit. Hagwons would make up at least 60% of esl jobs in korea. Do your research, a good hagwon is a lot better to teach at than a public school, most of which are standardised in terms of how you will be treated.
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nomad-ish



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

PostPosted: Thu Mar 13, 2008 7:47 pm    Post subject: Reply with quote

ceesgetdegrees wrote:
TheChickenLover wrote:
Hogwan's are a complete waste of time. Not worthy of putting on a resume & are a subject of ridicule by substituting 'teaching' with babysitting.

Chicken


complete and utter bullshit. Hagwons would make up at least 60% of esl jobs in korea. Do your research, a good hagwon is a lot better to teach at than a public school, most of which are standardised in terms of how you will be treated.


true, but finding a good hagwon is a lot harder than finding a decent PS
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DongtanTony



Joined: 22 Feb 2008
Location: Bundang

PostPosted: Thu Mar 13, 2008 8:23 pm    Post subject: Re: Can someone please take a look??? Reply with quote

hillann wrote:
I was going to post this on the contract posting thread but I don't think anyone looks at those...the last one was posted in '06 so here is mine for St. Peter Junior school in Daegu
Contract of Employment
This employment agreement is for the position of English Teaching Instructor, and is entered into by and between St, Peter Junior School Academy (hereafter referred to as �Institute�) and (Teacher�s Name) (hereafter referred to as �Instructor�) under the following terms and conditions.


Article 1 (Term of Employment)

The Term of Employment shall be 12 consecutive months starting ______________ and finishing on________________, to be renewed annually thereafter by agreement between Institute and Instructor.


Article 2 (Duties)

Instructor shall perform the following duties:
1. To assist Korean teachers with their English class(es) and/or jointly conduct English class(es);
2. To prepare teaching materials for English class(es);
3. To assist with the development of teaching materials related to English language education;
4. To assist with activities related to English language education and other extracurricular activities within the place of employment;

Extracurricular activities...hmmmmm...get more information, and examples, from this school's director.

5. To conduct English conversational class(es)/course(s) for Korean teachers and students, and

English lessons for Korean Teachers?????? Only if it is within normal working hours...

6. To perform other duties as designated by Employer.


Article 3 (Work Hours)

(1) Instructor shall work forty (40) hours per week (including lunch hour) for five (5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and any national holidays of the Republic of Korea.

8 hour days...not bad...not great either.


(2) The Work Hours of Instructor may follow the normal work schedule of civil servants of the Korean Government; however, such Work Hours may be adjusted by Institute as he/she deems appropriate.
(3) Actual class instruction hours of Instructor shall not exceed thirty (30) hours per week. If, however, Instructor's actual weekly class instruction hours exceed thirty (30) hours due to supplementary class instruction, Instructor shall be entitled to a supplementary class instruction pay at the rate applicable to Korean teachers for the supplementary class instruction hours.
(4) Institute may require Instructor to work overtime in addition to normal Work days and Work Hours. In this case, overtime pay will be provided.

Overtime should be an option of the employee...the only mandatory overtime should be for summer and winter intensive sessions.



Article 4 (Salary)

(1) Instructor shall be paid the total amount of 2.1 M Korean Won per month. However, the Korean income tax and the national pension contribution (non refundable payment); 5%, as required under Korean law, shall be withheld each month from Instructor's salary. 1/2 health insurance premiums will be deducted from the salary. Overtime shall be paid 30,000 Korean Won for a 90 minutes class.

5% is high for a pension deduction...4.5% is law...and there should be language stating that they match that figure...they're probably pocketing a few bucks here and there...health insurance should also mention enrollment in NHIC...no private insurance packages.

(2) Instructor's salary shall be paid on the 5th of each month for the previous month�s work. If this day falls on a national holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day.
(3) When Instructor has not worked a full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.
(4) If Instructor should be absent from work without having obtained a prior approval, Instructor's salary for that month shall be lessened by the amount calculated on a pro rata basis for the number of unauthorized absent days.

I haven't read the entire contract yet...but what about sick days??? There should be a minimum of three sick days...paid.


(5) Instructor shall not claim, against Employer, any compensation and/or payment other than those provided for in this Contract.

(6) Instructor will be given an additional one month�s salary of 2.1 M Korean won for completing the full contract period. This amount will be paid at that time of completion of the full contract term

(7) Staff meeting and workshops are not considered overtime.

(Cool The employee will not be paid for partitioning in English contest or graduation ceremonies.


Article 5 (Renewal)

(1) The Term of Employment may be renewed by the mutual written agreement between Institute and Instructor, provided that each renewed employment term does not exceed one (1) year.

(2) Three months prior to the Instructor�s contract completion, they should notify the Institute if they would like to renew their contract for an additional year or not.


Article 6 (Airfare)

(1) A one-way ticket will be provided to the instructor by the institute. Upon completion of the contract, a return ticket will be provided by the institute. However, if the instructor fails to complete the above contract period for any reason, the return ticket will not be given to the instructor. If the teacher leaves willfully or in case the employment contract was terminated due to cause before 6 months from start of work, the employee must repay the airfare which was paid by the employer.


Article 7 (Housing)

(1) Institute shall provide Instructor with housing selected by Institute. Housing selected by Institute may be, including but not limited to, a leased house, a studio-type room. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing shall be borne by Instructor.
(2) If Institute provides housing to Instructor, Institute may provide, appliances and furniture such as a bed, table and chairs, a closet, a gas range, a refrigerator, a washing machine, a microwave, and a TV set. The Instructor is responsible for the appliances provided and will replace those which are broken. Instructor shall not request or demand any other appliances or furniture than those provided by Institute.


Article 8 (Vacation)

(1) Institute shall be entitled to a vacation period of total of a ten (10) workdays during the Term of the Employment, this will include the days which are closed officially by the school during the summer and the winter.

(2) Scheduling of vacation time should be agreed by both Institute and Instructor. Notice of Intended vacation shall be given two months in advance.
(3) Instructor shall apply for and obtain vacation after 6 months of work from the first day of employment.

Hmmmmm...you should get normal vacation time when the school closes as they mentioned above...5 days in summer...5 in the winter.



(4) Employee shall receive 10 vacation days (including sick days & school vacation) during the contract term according to a yearly schedule refers.


Article 9 (Dress Code)

(1) The Instructor is expected to respect the Institute�s dress code whole in the classroom and must obtain permission from the Institute to wear clothing, jewelry, or other items that are not considered appropriate for a professional environment in Korea.



Article 10 (Codes of Conduct)

(1) Instructor shall not behave in any manner which may damage or tarnish the reputation of the teaching profession.
(2) Instructor shall not engage in any other job (including a part-time job) during the Term of Employment.
(3) Instructor shall not be involved in any activities which may cause harm to the students or be of detriment to the reputation of the school.


Article 11 (Termination of the Contract)

(1) Institute may terminate or cancel this contract upon occurrence of any one of the following events:
1. If Instructor violates the laws of the Republic of Korea.
2. If Instructor fails to perform or unsatisfactorily perform any of the duties stipulated in this contract.
3. If Instructor fails to perform continuously his/her duties for more than a week without any excuse.
4. If any of the information provided in Instructor's application is neither true nor accurate.

What is the notification period? How many days notice if they fire you? How many if you quit? 30 days is the minimum...but a contract can request more.

Article 12 (Matters not explicitly stated in the Contract)

(1) Matters not explicitly stated in the Contract shall be determined by Institute by taking Instructor's concerns into consideration.


Article 13 (Condition of Employment)

(1) Instructor shall complete several days of orientation conducted by the Institute. The days of orientation will depends on teacher�s experience.

Several? It shouldn't take several days...plus...you should be paid in full as soon as you step in the building...in my opinion at least.


(2) The orientation period shall not be included in the Term of Employment. Thus, Instructor will be paid 50,000 won a day during the orientation period.
(3) If Instructor fails to fully complete the orientation, this Contract shall be subsequently terminated and Instructor must return to his/her home country. In that case, the return airfare shall be borne by Instructor, and the loan for the flight to Korea provided for shall not be available to Instructor. Instructor's visa shall be cancelled.


Article 14 (Indemnity)

(1) Instructor shall indemnify for and keep Institute harmless from any liability or damages arising from or in relation to any negligent, intentional or illegal activity of Instructor during the Term of Employment under this Contract.


Article 15 (Governing Law and Venue)

(1) The terms of this Contract and the rights and obligations of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.
(2) 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 in Seoul, Korea in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board.


Honestly...it's an average contract. And...there should be quite a bit more language outlining your pension and medical insurance coverage. There wasn't any mention of actual working hours...sometimes they change...but they're generally nice to have. There is some good language...but mostly it's just average. My advice...talk to current teachers...get their opinion of the place. If this is your first time teaching in Korea...it might be a fine start...but I'd talk to other people at the school and get their impressions first.

Good luck and happy hunting!!
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nomad-ish



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

PostPosted: Thu Mar 13, 2008 9:01 pm    Post subject: Reply with quote

if you do decide to pursue this contract, get the phone numbers of the foreign teachers (or even search for them on facebook) that have worked there and contact them when they are NOT at school.

never trust what a korean who works there says.

keep in mind, some people have said that hagwon directors will make the last foreign teacher find their replacement (or they can't leave/collect their final paycheck), so they may lie.
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cbclark4



Joined: 20 Aug 2006
Location: Masan

PostPosted: Thu Mar 13, 2008 9:06 pm    Post subject: Reply with quote

ceesgetdegrees wrote:
TheChickenLover wrote:
Hogwan's are a complete waste of time. Not worthy of putting on a resume & are a subject of ridicule by substituting 'teaching' with babysitting.

Chicken


complete and utter bullshit. Hagwons would make up at least 60% of esl jobs in korea. Do your research, a good hagwon is a lot better to teach at than a public school, most of which are standardised in terms of how you will be treated.


...so you should get a PS job and look around at the Hagwans for a year then you can choose a good one from the many you will see.

This method is tried and true.
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