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Is this a Decent Contract for a first timer?????

 
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rookies



Joined: 05 Apr 2004

PostPosted: Tue Jul 20, 2004 9:48 am    Post subject: Is this a Decent Contract for a first timer????? Reply with quote

Is this a good contract to sign????


Can anyone help please?


EMPLOYMENT AGREEMENT
Name of instructor :
Country of Citizenship:
Date of Birth:


1. INTRODUCTION:This is an agreement between the employee (hereinafter called `the instructor') and the School (hereinafter called `the institute' or `the school' Korea). The instructor agrees to teach students at the institute at the times designated by the institute management, and agrees to develop and present educational programs for the students. The instructor agrees to follow and strictly comply with the School's policies and guidelines during the period of this agreement.

2. CONTRACT DURATION:
(A) It is hereby agreed between the school and the instructor that the instructor shall teach at the school for one year, starting from August 2004 (starting date may be later if position not available on indicated date).
(B) If the instructor wishes to renew his/her contract at the end of one year, he/she must inform the School two months prior to the end of one year's service, and the contract may, if both parties agree, be renewed at that time for another year by mutual agreement.

3. RESPONSIBILITIES OF TEACHER:
(A). The teacher is expected to devote no less than 1 hour a day at the institute for the lesson planning with co-teachers, student evaluations, syllabuses, telephone English, report cards, field trips, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading ones professional knowledge and skills without additional pay. The work week will follow the yearly academic calendar issued by the school. The total teaching load including overtime will not exceed for any given 30 hours a week, unless both parties agree.
(B) The instructor's working hours shall be determined by the School's schedule.
(C) The instructor is responsible for familiarizing him or herself with all institute materials relevant to teaching at the School. The instructor shall faithfully teach and train students at the School.

4. TEACHER'S SALARY:
(A) The teacher's total monthly salary shall be 1.9 million won. The teacher's annual salary will total 22.8mil won. A severance pay bonus equivalent to one months salary will also be paid at the end of the contract. This compensation is in exchange for teaching an average of 6 hours a day, five days per week, totaling 120 hours a month during the contract year.
(B) On completion of ones responsibilities of the full contract period, the severance pay is 1.9 mil won equivalent to the monthly salary. It will be paid only at the completion of the contract.
(C) ) If the instructor teaches, by mutual agreement of the instructor and
employer, additional teaching hours over and above 30 hours per week, overtime compensation at 18,000 Won/hour shall be paid for those hours. Overtime is not obligatory. The instructor reserves the right to refuse to do overtime or any activity for or with the employer in his free time or on holidays.
(D) The instructor's salary will be paid monthly on the regular day for payment of instructor's salaries.

5. AIRFARE TO KOREA:

The instructor's one-way economy class or regular class airfare to Korea will be paid by the school or the school reimburse to the teacher in case the teacher buy the ticket. Return airfare to the teacher's home country shall be paid by the school upon completion of the 12 month contractual teaching period. Return airfare will not be provided if the teacher leaves the school prior to completion of the 12 month teaching period.


6. HOUSING:
(A) The institute will provide a private single person accommodation or shared apartment with private room free-of-charge to the teacher.
(B) The teacher's apartment furnishings shall include: basic cooking utensils such as pots pans and dishes; a stove; a refrigerator; a bed with clean linen; a washing machine; and a closet, heater, table and chairs, TV, and phone.
(C) Costs for all utilities, including lighting, heat, and water, shall be borne by the teacher.


7. VACATION TIME:
The teacher shall enjoy 10 days of paid vacation (in addition to all Korean
national holidays and Saturdays and Sundays). The paid vacation will be normally 5 days for Summer and 5 days for winter. But the schedule can be changed by school�s schedule. Documented sick leave and emergency leave will be paid for a combined total of 3 working days a year. The teacher should provide the institute with as much advance notice as possible. Unused sick leave may not be converted into any cash payment. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following months pay. The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.

7. INCOME TAX:
Approximately 5% per month of the instructor's salary shall be deducted by the employer as withholding tax. as provided by Korean law.

8. KOREAN HEALTH INSURANCE:
Instructor will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by employer and half by instructor. Instructor's share of this coverage will be deducted from instructor's monthly salary."

9. DUTY OF SECRECY:
(A) The instructor shall not disclose any of the contents of this agreement, including salary, to a third party (including other employees of the school)
B) The instructor shall not disclose any information relating to the contents of lecturers and business operation of the School without prior permission of the School. Violation of this portion of the contract will cause the Instructor to be responsible to compensate the School for all possible losses suffered by the School.

10. ADDITIONAL DUTIES:
(A) The instructor is required to conduct him/herself in a professional manner and to wear neat attire while at the school. Casual clothing is acceptable, provided that it is neat and clean.
(B) The following forms of behavior will not be permitted.
1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director.
2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.
3) Making sexual advances towards, or entering in to relationships with students or employees of the School.
(C) The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At least two weeks termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor.
(D) If the Employee wishes to voluntarily resign from employment before the completion of this contract the employee must provide written notice to the Employer at least 6 weeks before the resignation
E) For a dismissal or voluntary resignation within the eight months of this Contract period, the amount of airfare will be deducted from the Employee�s last monthly salary.


11. Both parties have carefully read this contract; They have agreed to its terms in good faith; and they will attempt to resolve any disputes which may arise in accordance with the terms of the contract, and in a reasonable manner. All disputes which cannot be resolved by the parties to this contract will be resolved through the legal system of Korea in accordance with Korean law.
I duly agree on the contract stated above.


Date :


Director Teacher
Name : Name :
Signature: Signature:[/size]
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Aidge



Joined: 15 Jul 2004
Location: CA

PostPosted: Tue Jul 20, 2004 10:08 am    Post subject: Looks good Reply with quote

Hi, I've been debating over a contract, too. It's good to see what else is out there.
Two things are good about yours: Non-obligated overtime and casual dress. These are two things that my school says the opposite about. Mine mandates overtime, which scares me a bit. And clean pressed dress clothes are required. SO...count yourself lucky.
The only different thing I noticed is thta you're not allowed to hook up with any co-worker. That could be a bummer. But oh well...Everything else looks good.
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peppermint



Joined: 13 May 2003
Location: traversing the minefields of caddishness.

PostPosted: Tue Jul 20, 2004 10:15 am    Post subject: Reply with quote

Take a good look at clause 3A. Prep time is generally not paid for, but telephpone teaching, supervising kids and field trips should be.
1.9 is a little low for Seoul, but not bad for the country, and your overtime is good.

Try to get your hours specified a little more- between what time and what time.

It's not bad, for a newbie, but beware that you voided the secrecy clause already.

edit:
Now that I'm awake- take a quick look at clauses 10 C and E too.
10 C- the law requires that you be given 30 days, or a months pay in lieu of notice( but only after you've worked for six months)

10E The contract is 8 months???????? Ask about that.


Last edited by peppermint on Tue Jul 20, 2004 2:08 pm; edited 2 times in total
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rookies



Joined: 05 Apr 2004

PostPosted: Tue Jul 20, 2004 10:16 am    Post subject: Reply with quote

Thanks for your help, my wife and I are going together so hooking up with other teachers wouldn't be an option.


Anyone else have an opinion on this contract?
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turtlepi1



Joined: 15 Jun 2004
Location: Abu Dhabi, UAE

PostPosted: Tue Jul 20, 2004 10:44 am    Post subject: Reply with quote

Hehe...I was going to point out the fact that you violated the security clause also...and now that I see the contract I won't be applying so they lose the chance of hiring me. Therefore they have suffered immeasurable losses which once you sign the contract you will be resposible for compensating them for...*giggle*

Seriously though the contract outlines everything from the typical job posting. Assuming you aren't looking at hooking up then you should be OK. Now just remember the contract doesn't mean that is what you will experience, but it gives you a framework to work from. A good school can have a contract that seems ridiculous and a bad director can make a school with a good contract a living hell. Twisted Evil

I noticed there is no mention of teaching privates in your contract. Does anyone elses contract have wording explicited forbidding the practice? (I don't want to get in a discussion about the legality of privates just wondering about the contract wording...)
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rookies



Joined: 05 Apr 2004

PostPosted: Tue Jul 20, 2004 10:56 am    Post subject: Reply with quote

I guess I never was good a keeping secrets!!!!!
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hellofaniceguy



Joined: 10 Jan 2003
Location: On your computer screen!

PostPosted: Tue Jul 20, 2004 2:27 pm    Post subject: Reply with quote

As many times as it's been posted.....
Never agree to 120/130/140 hours. Not even 100 hours.
Only agree to teach "X"amount of classes per day/month. Over those, then overtime.... your choice.
4-5 50 minute classes a month at a hakwon is more than fair. But, some people never learn and agree to 120 or more hours.
120 hours could mean 6/7 classes a day depending on if the school goes by the minute as many do! You'll burn out big time! Besides, who can teach 6/7/8 classes a day, everyday and do a good job?! No one. Too many classes.
The dating clause?
I suppose a professional would not date their student(s). A non professional could care less.
Tax? 5%? I think NOT! 3.5% is the average. And you can make a trip to the local NTS (tax office) and ask them in person how much you should be paying. Take that info to the school and show them if they charge you 5%. Don't pay into unemployment insurance as many schools charge teachers that rate also. A foreigner can't collect unemployment in korea! So why pay into it!
Salary? 1.9? Nope. 2.0 and over.
Housing? Single! Never, never, ever share housing! Too many kooks in korea! You'll have NO privacy! Roommates are a bad idea unless you're a child. One of you will be dirty and one won't...c;eaning problems, guests problems...quiet time problems. Nope...never share.
If you do sign..find out exactly when payday is. If payday falls on a weekend, you'd want to be paid that Friday before you go home.
When you move into your apartment...change the locks. Hire a locksmith, they are all around! And DON'T give a copy of the key to the school!
Learn from this contract and don't sign again with a hakwon! Go the university way! You'll enjoy your stay in korea more that way.
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marista99



Joined: 05 Jun 2004
Location: Incheon

PostPosted: Tue Jul 20, 2004 2:36 pm    Post subject: Reply with quote

You should ask them to specify whether your housing will be shared or single. Shared housing sucks, in my personal opinion.

Also, I agree with the person who said you need more specific hours. Especially, find out about the split shift situation. Doing 3 classes in the morning, 4 hour break, then 3 classes in the evening would be no fun at all.
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prosodic



Joined: 21 Jun 2004
Location: ����

PostPosted: Tue Jul 20, 2004 3:45 pm    Post subject: Re: Is this a Decent Contract for a first timer????? Reply with quote

rookies wrote:
4. TEACHER'S SALARY:
(B) On completion of ones responsibilities of the full contract period, the severance pay is 1.9 mil won equivalent to the monthly salary. It will be paid only at the completion of the contract.


Severance pay is supposed to be calculated as the average of the last three months salary and overtime is included in that calculation. Since this contract starts in August, it would run through July, which is part of ����, or public school vacation. That means you will probably have the option of a lot of overtime your last month. REPEAT: that overtime is supposed to be included in the calculation of your severance pay if they do it according to the law.
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No L



Joined: 17 May 2004

PostPosted: Tue Jul 20, 2004 5:43 pm    Post subject: Reply with quote

Vacation time: EFL-Law is recommending that people ask for at least 15 days.
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oneiros



Joined: 19 Aug 2003
Location: Villa Straylight

PostPosted: Tue Jul 20, 2004 5:54 pm    Post subject: Reply with quote

This is an SLP contract, isn't it? Laughing
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sadsac



Joined: 22 Dec 2003
Location: Gwangwang

PostPosted: Tue Jul 20, 2004 6:13 pm    Post subject: Reply with quote

Two ponts, I would ask about part 3A, particularly field trips as they will generally last more than an hour. Just have them be more specific regarding what is stated. Also taxation, 5% is high for 1.9, it should be more like 3%. Otherwise no major faults with it. Smile
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rookies



Joined: 05 Apr 2004

PostPosted: Wed Jul 21, 2004 6:42 am    Post subject: Reply with quote

Thanks for all the help....
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