Korean Job Discussion Forums

[MonLMari]

Ok ESL Gurus, I recieved a contract from a school. I've reivewed the contract and noticed they really don't specify prep time guidelines. Is this normal? Please review this and share your thoughts and comments.

What's the best way to negotiate this prep time issue?

Is this a bad contract?

Thanks!!!

This employment agreement has been made between ___________ (hereinafter referred to as "employer"): an institute organized and existing under the laws of the Republic of Korea and _______________________ (Hereinafter referred as "employee")

I. EMPLOYMENT OF EMPLOYEE
Employer employs employee to teach the English language in the form and manner and under the terms and conditions set forth in this agreement.

II. PLACE OF EMPLOYMENT
Employee will be employed as an English teacher at 4832, Bangi-dong, Songpagu, Seoul.

III. DEFINITIONS
As used in this agreement, the following terms shall have the meanings stated:
The employment date is the first teaching day in the Institute.
___________________

��Termination Date" shall mean the date one (1) year from the employment date.
___________________

IV. DUTIES OF EMPLOYEE
1. Duties
During the term of this agreement, the employee will accept, strictly comply with the instruction, supervision, and discipline of the Director of employment��s Institute..
The director has the entire right to ask to do the tasks related to teaching during the working hours.

Duties may include, but are not limited to:
�� teaching
�� substitute teaching
�� supervision of students
�� preparation / production of teaching materials
�� curriculum design and implementation
�� attendance at teachers' meetings and workshops
�� writing evaluation comments and preparing evaluation reports
�� journal and essay correction
�� execution of duties as an assistant homeroom teacher
�� participation in micro-teaching presentations


During the term of this agreement, the employee will be required to work for 8 hours per per day per week and to teach a maximum of 28 classes (1 class = 50 minutes) per week.

IF the teacher has the classes less than 28 classes, the teacher is expected to teach staff members or teach students over the phone.

The academic programs may be modified, from time to time, after an agreement is made between the employee and the employer. Any modifications in the academic programs shall not constitute a termination of the employment.

The Employee��s schedule will be different during the summer and winter sessions of the school year. Each session will be 4-6 weeks long, and will take place in January and July/August of each year. During these sessions, overtime will be required. The Employee may work longer than the usual working hours with a class load of 10 classes. Overtime rules will apply and the Employee will be compensated as outlined within this agreement. Due to the way the Korean education system works, this schedule is unavoidable. The Employer understands that this is a heavy load and the Employee��s understanding is greatly appreciated.

The employee shall not partake in any activities that may damage the reputation of Topia English Zone, including, but not limited to, making sexual advances towards, or enter into relationships with students or employees of Topia English Zone. Violation of this provision will be considered grounds for immediate dismissal.

2. Dual Employment Prohibition
The employee agrees that he/she will not undertake any teaching duties or any other employment with any persons or organizations other than the employer without prior written consent from the employer. Failure to comply with this article is the cause for immediate dismissal.


V. COMPENSATION AND OTHER MONETARY AGREEMENTS
1. Salary
Monthly compensation in the amount of 1,900,000 Won will be paid . In accordance with Korean Labor Law, Korean income taxes of 3.3% (as determined by a scale established by Korean law) will be withheld.

The employee will be paid on the 10th of the month for the previous months services rendered. For example, the employee will be paid on September 10th of your work in August.

Salary paid for a partial month's work will be calculated as follows: Base monthly salary divided by the # of days in the month, multiplied by the number of days worked. For example, if your last day of work is March 19, and your base salary is 1,900,000 won, you would divide 1,900,000 by 31 and multiply by 19.

2. Overtime
In addition to the aforesaid 28 classes of classroom teaching each week, the Institute Director may require the employee to perform additional teaching duties in excess of these 28 classes per week. Only classroom contact hours in excess of 28 classes per week and approved by the Institute Director are considered overtime at a rate of 18,000 Won per class. Attendance at scheduled staff meetings and workshops is not considered overtime, nor is oral testing given to the students when they have level tests held during working hours. Individual Make up class for the student who doesn��t catch up with the other student is not considered as overtime.
Topia might have staff events like sport event or mountain climbing. All employees are required to participate and attend such events. The preparation and attendance for special events such as Field Day, Halloween Party, Speech contest, etc. demands the teacher to stay in school for one or two Saturdays in a year and the party itself lasts during the regular school hours. The employee will not receive any compensation for attendance at such events.

3. Paid Vacation Days
The Employee will be granted 10 days paid vacation. The Employer will schedule all 10 days of paid vacation to coincide with the school��s operating schedule.

In addition to the paid vacation, there are 13~15 Korean National holidays observed in Korea. Once a year, In the event of a government appointed temporary holiday, it may or not be observed by Topia, depending on the needs of the school.

4. Sick Leave
The employee will be granted 3 paid sick days when the employee is unable to perform his duties due to physical illness. In such case the employee should hand in a doctor��s confirmation of illness or a prescription. This 3 days sick leaves are granted under the condition that the employee works for an year; this means if the employee terminates the contract before 1 year, sick days taken already will be deducted from the salary.

5. Orientation
The employee will receive up to 5 days of orientation. During this orientation period the employer will pay 50,000 won per day.

6. Single Housing
The employer will provide furnished living accommodations for the employee. The accommodations may be in a studio, an apartment. The cost of monthly maintenance fee of housing, fee for utilities and telephone charges is the sole responsibility of the employee. Furnishings will include a single bed, TV, regular phone (not the cellular phone), cooking burners, microwave oven, washing machine, meal table, refrigerator, closet, and kitchenware.

The Employee will have to share his/her apartment for up to 10 days one time with a new incoming teacher.

In the event that the employee keeps a pet at house, the employee should pay 100,000 won to the employer, and this will be deducted from the salary. This money will be used to clean up the smell, or some possible damages due to the pet after employee leaves the house.

7. Airfare
The employer agrees to provide one-way economy class airline ticket from employee's home of record to Inchon Airport, Korea.

The employer agrees one-way economy class airline ticket to the international airport nearest to the employee's home at the satisfactory conclusion of the contract.

In the event the Employee must go to Japan to get visa, the Employer will pay for the full roundtrip airfare. Also, the Employer will pay the Employee 100,000 won as a visa trip allowance. This will cover the visa application fee, transportation to the airport, and misc. expenses.

8. Health Insurance
50% of the insurance premium is paid by the employee and 50% is paid by the employer. Korean government asks foreigners to pay the insurance premium for 3 months at one time. Therefore the employee should pay 50% of insurance premium for 3 months at one time and this will be deducted from the gross salary. The premium costs will start from the Employee��s arrival date into Korea. Once you are registered for Korean insurance, you must keep it for the entire term of employment. The premium costs will start from the Employee��s arrival date into Korea. Once you are registered for Korean insurance, you must keep it for the entire term of employment. It is not mandatory for foreign teachers to have Health Insurance.

9. Completion Bonus
Completion Bonus equivalent to one month��s salary will be paid to the employee upon the successful completion of this contract. However, if the teacher fails to complete the full period of one year contract, none of the completion bonus shall be paid according to Korea Labor Standard Law.

VI. EARLY TERMINATION BY EMPLOYER
The employer maintains the right to terminate the contract for clear and frequent neglect of duties under this agreement, including but not limited to unauthorized absences from the place of employment without the approval of the Institute Director, or for manifest inability to perform the duties under this agreement.

If the employer concludes that the employee does not fulfill the agreement, the employer will terminate the contract with a 30-day written notice.

In this case, the employer's sole obligation to the employee shall be to pay the employee through the date of such early termination his/her earned monthly compensation, and no other benefits. The employee shall reimburse the airfare from his place to Korea if he has not finished 6 months of the contract.

VII. EARLY TERMINATION BY EMPLOYEE
In the event that the employee terminates the contract, he/she should give a month written notice. In this case, the employee shall reimburse the employer all expenses incurred in anticipation of the employment of employee including airfare, and the recruiting fee on a pro-rated basis.

VIII. DISMISSAL
Criminal, alcohol addict, spiritual disorder or other conduct inside or outside the place of employment that would, in the opinion of the Institute Director, seriously endanger any student or staff, or the reputation of the employer, will be cause for immediate dismissal and no time for remedy will be allotted.


Upon dismissal, the employer's sole obligation to the employee shall be to pay the employee through the date of such early termination his/her earned monthly compensation, and no other benefits. The employee shall reimburse the employer all expenses such as airfare and the recruiting fee on a pro-rated basis.

VIIII. OTHERS
1. Merger Clause
This agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof, and supersedes all previous negotiations, commitments, and writings with respect hereto. No modification of this agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties hereto. Furthermore, this contract nullifies and voids any previous contract between the two parties.

The employee will indemnify and hold harmless the employer and the employer��s representatives from any damages that the employee may sustain, in any manner, through the refusal of the government of Korea to permit entry to the republic.

2. Waiver
The failure of either party at any time to enforce the terms, provisions, or conditions of this agreement will not be construed as a waiver of the same of the right of any party to enforce the same.

3. Governing Law and Jurisdiction
This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with this agreement. The employer and the employee have executed this agreement on the date indicated below, intending to be legally bound, and in witness whereof, the employer and the employee have appended their signatures

4. Misscellany
The employee agrees to supply the employer with a copy of his/her university degree and to allow such degree to be posted at the school.

The employee should supply the employer with 3 passport-sized photos. The photos will be used in Topia��s advertising.

The employee agrees to pay 500,000won as a housing management deposit. Employer agrees that the deposit will be returned in full to the employee in the event of no outstanding charges. The employer will deduct 250,000won per month for the first 2 months from the salary.

This deposit will be paid back to the employee after all bill he/she is responsible for have been paid (usually about 2 months after leaving). The remaining money will be wired to the employee to an account of the employee��s choosing.

The employee is responsible for paying maintenance fee for the housing, fee for all utilities and must submit the receipt of payment to the school, no later than the 5th of each month. Failure to do so will result in the withholding of the employee��s monthly salary until receipts showing payment of utilities are submitted.

5. Renewal Option
During the sixty-day period prior to the expiration of this agreement, the employer and the employee may agree to extend the employment.

[oneiros]

Yes. Run away now.

Your contract does talk about prep time. You agree to be at the worksite 40 hours a week. The kicker for me is what doesn't classify as class hours.

[marista99]

It doesn't seem THAT bad to me. 1.9 is on the low side and you could probably do better. The university degree thing--if they want "a copy" that means a photocopy. Don't hand over the original.

The over time, and the stuff they classify as "not counting as overtime", does seem rather sketchy, as does the part where they won't pay you unless you prove you've paid your bills. See how much they're willing to change or re-word about those clauses. Some schools will gladly reword things if you have a problem withi them being to general, too specific, or just find them unacceptable. And the "spiritual disorder"--they probably mean someone being mentally ill; but you should clarify that with them and have that clarification written into the contract.

The housing deposit is annoying but many schools have been burned by teachers who totally destry their housing, so they probably won't negotiate on it. But it's worth asking if it could be lower or if you could get rid of it.

[oneiros]

[marista99]

[prosodic]

Bad! Bad! Bad!

[MonLMari]

Ok, I dumping this one too. . God, I'm so frustrated! This has got to be the 4th contract I've considered and declined!

I recieved an offer from Taejon SLP (ya, ya I know Slave Labor Program) sounds pretty good though. Thoughts? Thanks!


The Taejon SLP Institute at Taejon, South Korea (The institute) under the license of SLP, (Corp.) So-Gang Univ. and _______________________________, ("The Teacher") agree to a contract for regular full-time English teaching as follows:

TEACHER OBLIGATIONS

A. Supervision
The Teacher will work closely with the Academic Supervisor and other colleagues in the planning, observation, and review of instructional methods.

As a member of the Institute, the Teacher will contribute to the cumulative experience, wisdom, and resources of the teaching team and remain dedicated to developing, implementing, and evaluating a comprehensive program for teaching English to Koreans.

B. Behavior
The Teacher should respect the rules and standards of conduct of the Institute (written, verbal and tacit) and obey the laws, regulations, instructions, and ordinances of the national and local Governments.

Any teaching or employment other than at the above address shall not be permitted according to Korean Law. Non-compliance may result in discipline including fines and deportation.

C. Workload
The Teacher will have at least 20 (80-minute) classes per teaching week. The Teacher is expected to devote no less than one hour a day at the Institute for lesson planning, with co-teachers, student evaluation, reporting, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, teachers' meetings, and upgrading one's professional knowledge and skills without additional pay. The workweeks will follow the yearly academic calendar issued by SLP, (Corp.) Sogang Univ. The total teaching load including overtime will not exceed for any given week 23/80-min classes a week, unless both parties agree.

Staff meetings will be scheduled at the discretion of the Institute Director. Attendance is required. Staff meetings will allow time for discussion of topics of current concerns such as new policies, procedures, methods of training, instruction, curriculum, and other matters as needed. The staff is encouraged to help work out practical solutions to problems at these meetings.

D. Special Research Projects
Any part of the Teacher workload can be converted into sub-teaching, research and development work.

E. Overtime
Overtime teaching is paid at the rate of 1.2 times of the regular pay beyond the regular 72 or 80/ 80-min classes a month. Should overtime classes be assigned that class/ those classes will be designated as overtime and paid as such. If the week includes holidays/ sick days/ etc. the overtime classes taught by the teacher will still be paid as overtime. Overtime will not be paid on holidays, sick days, or emergency-leave days. The assignment of overtime above the regular 18/20 classes and less than 21/23 classes is at the sole discretion of the institute.

F. Work Schedule
The working time is from Monday through Friday. The Institute Director will assign the teacher��s schedule.

TEACHER BENEFITS

A. Monthly Salary
The Institute will pay the Teacher a total monthly basic salary on the fifth day of the following month and if the fifth day is a holiday, it will be paid on the following day. The salary is based on the sessions as dictated by the SLP calendar. The sessions provide 18-22 teaching days per month. Korean income tax, National Pension, & Medical Insurance will be withheld from the monthly salary. Medical insurance will only be withheld if the teacher chooses to join the Korean National health plan. Salary ranges are as following

27 hours/week ---------- 1. 8 million
30 hours/week ---------- 2. 0 million

B. Housing
The institute will provide each teacher an apartment/house. Married couples may be provided with their own housing provided they both teach at the same institute. The apartment will be equipped with a refrigerator, washing machine, wardrobe, telephone, gas range, bed & Korean style bedding, dining table & chairs, and some eating & cooking utensils

If the teacher does not need his/her accommodation the school will reimburse 200,000won monthly over and above her/his monthly payment. The teacher can choose to live in school provided housing or to be reimbursed for outside housing.

C. Health Insurance (optional)
Korean National Health Insurance will cover the Teacher according to the government law for teachers. According to this law, the Institute and the Teacher will each pay half of the monthly insurance charge. According to the insurance law, you will be covered from the date you choose to join, however, if you choose to join sometime after your arrival, you will have to pay retroactively.
D. National Pension Plan
In accordance with Korean Law all foreign workers employed by Korean business shall pay into the Korean National Pension plan at a rate of 6% (or the ratio stipulated by the Korean National Pension Law) deducted against monthly earning with the employer's contribution of 3%. This rate is subject to the National requirement for Pension deduction and may change without notice. SLP-Taejon has absolutely no control over this rate of Pension. Similarly, in the U.S. and other countries, there are Social Security and other Pension deductions. Please be aware this is not a Korea specific policy.

E. Paid Sick Leave and Emergency Leave
Documented sick leave and emergency leave will be paid for a combined total of three workdays a year. The Teacher should provide the Institute with as much advance notice as possible. Unused sick/emergency leave is converted into a cash payment on a daily basis at the completion of one-year contract. If a teacher who is teaching less hours than the basic hours, yet still receiving basic salary takes a day off for a personal matter, in the following month��s pay, he/she will be paid by the actual hours taught. If the hours/days of absence reported as sick leave or emergency leave are not proved with a certain document related or a slip of a doctor��s treatment, related costs shall be subtracted from the following month's pay. The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.

F. Airfare
The Institute shall pay round-trip airfare between the nearest International Airport from the Teacher's living place and a major city in Korea. Round-trip airfare is provided only once. A one-way ticket will be provided to Korea and at the end of one's contract a one-way ticket to the port of the departure will be provided. However, if the teacher does not need a return ticket moving to another school provided a ticket by the new school, the Institute will not pay for it again. Teachers hired in country shall have the visa trip to Japan or another destination nearby with a Korean consulate reasonably paid for by the Institute. After the contract is completed, a difference of the Round Trip costs (averaging the peak and low season prices) minus the visa trip to Japan or nearby country will be paid to the teacher to help pay for a one way trip back home. However, if the difference is higher than the cost of the one way trip home, the teacher will NOT be paid cash beyond the costs of the plane ticket. In case the Teacher fails to complete the contract by his or her own fault/reason, the Teacher shall pay back to the Institute the total amount of the air ticket and the actual amount for the visa trip to Japan, in the case of an in-country hiring.

G. Teacher Training
The Teacher shall have a period of training, most likely class observation period, before starting to teach in the Institute. The Teacher will receive briefings from their Academic Supervisor, and the Institute Director, and will get acquainted with the local institute policies. During this time the Teacher will receive half the rate of the regular pay.

H. Vacation & Holidays
The 12-15 days of vacation will be scheduled as per the yearly academic calendar, which is decided by the SLP, (Corp.) Sogang University. Normally the vacation would be in the form of one week in the summer, and one week at the end of the year. Holidays are scheduled throughout the year according the calendar created by Sogang Head Office, including Korean national holidays averaging approximately one per month. The basic monthly salary remains the same regardless of vacation time and National Holidays.

I. Quarterly Reviews
The Institute will carry out quarterly reviews of the teachers' performance. Criteria for satisfactory fulfillment of contract and teaching responsibilities include the aforementioned within the contract, along with the following:
1.Prompt attendance and recognition of time spent in class (starting class on
time, finishing a minimum of 80 minutes on a regular basis and regular attendance by the teacher)
2.Cleanliness, Personal Grooming and proper Public Relations with parents. Teachers are held in high esteem in Korea so it is important teachers�� dress and behave in an acceptable manner. The teacher��s image and appearance along with teaching skills are observed regularly by parents. (Sandals, thongs or sandals are not considered suitable footwear) This proper image includes not acting in a careless manner in front of parents, i.e. not smoking or drinking in front of a parent unless invited to do so. There is to be no hitting of any students under any circumstances. Desks, classrooms and working areas should be kept reasonably clean for parent viewing.
3. Caring for ALL children despite any physical, emotional or intellectual problems.
4.Finishing all duties in the aforementioned (planning for and teaching class, counseling with parents, if necessary, and counseling with administrative staff & finishing monthly reports on time).
5.Proper use of Institute and supplies (abusing office supplies, telephone, fax or other long distance consistently over time may be serious grounds for warning and/or termination of contract).
6.Other miscellaneous standards (over time, more standards may apply in the quarterly reviews, but staff will have a significant say into these standards).

Extreme inability to perform these contract guidelines and/or quarterly review standards satisfactorily may be grounds for warning and/or termination of contract. Sixty days will be given in most cases and reasonable assistance in finding "new employment" may also be available if problems do arise with employment.

J. Severance Pay Incentive, Starting and Finishing Date
Severance pay equivalent to one month��s salary will be paid upon completion of a one-year contract. Severance Pay is an incentive for a teacher to work to the best of their professional ability at all times ensuring that the high standards of English Language teaching are maintained at SLP Taejon.

This contract shall start on ___________________ and will end on ___________________. On completion of the full contract period, an additional month of regular salary per one year shall be paid as severance pay. If the Teacher, however, does not complete the full one-year contract, none of the severance pay shall be paid according to Korean Labor Standard Law.. Korean severance tax will be withheld. Any outstanding debts (international phone calls, utilities, etc.) will be subtracted from the severance pay.

The Institute reserves the right to terminate this agreement for cause with written notification sixty days in advance, and for serious cause without notice. The Teacher agrees to give written notification sixty days in advance of intention to terminate this agreement or of interest in renewing it. Breaking contract and leaving the Institute without any notice in advance, which may cause lots of problems to the Institute will result in fines- pay the penalty equivalent to one month salary and refund the airfare paid to the Institute.
Although pay starts the day the Teacher starts his/her Teacher Training Program, the effective date of this contract is the first full teaching day in the institute. The total period of this agreement is approximately one year, commencing from the first day of the session and finishing on the last teaching day of the teacher's 12th teaching session. A delay in the Teacher's arrival at the Institute, or in the opening of a new Institute may call for a re-negotiation of the contract period.



Date: Date

Teacher: Director:

Signature: SLP institute

















COMPENSATION PACKAGE

1. SLP will pay for the round trip airfare.
2. Housing allowance is calculated on the basis of the monthly cash allowance of 200,000 (US$200) won which is not actually paid. If the Institute does not provide housing, the 200,000 won will be given in addition to the regular compensation.
3. Your compensation will be paid in Korean Currency. (US dollar amounts are for your reference only.) The institute will assist the teacher in establishing a banking and wiring account. The currency exchange rate applied here is won/USS1.00 (The rate may vary in the future.)

Note: Teacher is responsible for monthly apartment utilities (garbage removal, electricity, natural gas for stoves, water, etc.), miscellaneous apartment charges (security guards, basic television, etc.), periodic local taxes & telephone bill.

[prosodic]

Yeah, pretty good except for the lies.

[marista99]

[MonLMari]

But a good contract is an excellent starting point...it won't be perfect but it shouldn't blatantly violate the law, as this one does.

That is my thinking. I don't expect much, I just don't want to get stuck working 55 hours a week an only getting paid for 40. Well I guess I need to just continue my search and bide my time.

[marista99]

Yes. And as Samantha Amara said in her book on teaching in Korea ("Chopsticks and French Fries"), Korean job offers are like buses. If you miss [or turn down ] one, another will be along shortly.

No need to take a job that you don't feel good about or that has a bad contract. Just keep looking and the right one will come along. It's a teacher's market--many schools will take pretty much anyone so you get to pick.

[MonLMari]

Thanks for the book tip

[marista99]

[oneiros]

Looks like a pretty standard SLP contract. Actually, it's a little better than some SLP contracts I've seen (more vacation time, and less required prep time.)

I haven't heard anything about the Daejon branch, good or bad, but there should be plenty of current and ex-teachers for you to talk to.

SLPs do all have a set curriculum, with teacher's manuals, homework books, student books, etc, so that's one less thing to worry about.

The drawback is that those 80 minute classes are actually divided into 40 minute halves at most locations, so 20 X 80 classes could mean 30-40X 40 minute classes. I won't guarentee that's how it works at that branch, though, since they're all franchises.

[MonLMari]

Do you think I could live fairly well and save a little emergency cash with a salary of 1.9 Mil Won in the current Seoul economy? I'm not a big drinker, but I am a smoker so I guess that is my worst habit other than eating out alot (hate to cook).