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Bored? Read this contract.

 
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John Henry



Joined: 24 Sep 2004

PostPosted: Thu Jan 20, 2005 8:18 am    Post subject: Bored? Read this contract. Reply with quote

Hi all,

So now that I got this passport thing, I posted on the 'Looking for Jobs" site. Whew I got in this morning, a recruiiter had sent me this contract for a position in Busan. I know it's hella long, but if you're bored, and wondering what contracts look like nowadays, here ya go:



This agreement is entered into by the institute known as KYOUNGSUNG Foreign Language Institute Pusan hereinafter called Institute or Employer and called Employee or Instructor.

1. Duration of Employment
Year From:
To:

2. POSITION OR TITLE: English Conversation Instructor
3. PROVISIONS
SALARY: 1.8~ 1.9 million won per month (depending on experience)
Overtime pay is 15,000won per hour or 250,000won per additional class.
WORKING SCHEDULE: 6 classes (50min)= 5 hours per day ( but only M~F)
HOUSIONG ASSISTANCE: Single rent free Housing
UTILITIES: Instructor pays fair share of utilities which includes Housing Management, Service payable for Condominium Service.
BASIC HOUSEHOLD FURNISHING: Provided.
MEDICAL INSURANCE: The Institute will provide a comprehensive medical insurance plan.
TRANSPORTATION: On complete of the full contract period, employer will provide for the employee an economy class ticket fir passage from Korea to point of departure. The return air ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment agreement with employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). Employer does not agree to and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets which are not used by employee.
COMPLETION BONUS: 1.8~1.9 Korean Won will be given to instructor at the end if the contract. If Instructor departs early for any reason the instructor will not be entitled to 1.8~ 1.9.

SICK DAYS: 3 days off WITH DOCTORS LETTER.
PAID VACATION: 4 days in the summer, 4 days in the winter including weekend vacation. It can only be taken as schedule by employer.
KOREAN HOLIDAYS: 10~14 Korean holidays will be granted to instructor with no reduction of monthly pay.
TAXES/ DEDUCTIONS: 5~7% of income will be deducted for Korean taxes.
OTHER BENEFITS: Transportation paid to any classes that Institute arranges outside of the Institute to home.

4. The employee, above named, agrees to endeavor to enhance the image to promote the educational purpose of the Institute and, to that end, act responsibly and to follow the instructions of the Director of the Institute in good faith.
5. To comply with paragraph 4 the employee agrees to the following
a. The employee shall instruct students faithfully in accordance with the designated textbook and, with the permission of the Institute��s Director, may adopt supplementary textbooks, material as needed.
b. The employee shall observe class hours strictly: and absence or tardiness, early dismissal of class, non-observance of working hours, etc., can only take place with the permission of the Director. Occasional, understandable, tardinesses till be excused or dealt with under the provisions of 7b.
c. The employee is obligated to accept the minimum amount of classes assigned by this agreement and is obligated to accept up to the maximum defined on page one of this agreement. The employee is also obligated to teach any age groups assigned by the Institute.
d. A Teaching Hour is defined as 50 minutes of teaching as prescribed by the Institute. The Institutor is obligated to attend teacher or training meetings, etc., up to 4 hours compensation but that hours over 4 hours per month fall under overtime pay. As with any teaching position, the Instructor should be adequately prepared for classes using Instructors own time as necessary.
e. The employee is required to accept Saturday classes if (in the opinion of the employer) the employer requires such as to maintain a competitive business and to keep the instructor gainfully employed.
f. In the event that the employee seeks release from the present Agreement he/she shall so inform the Director of the Institute, in writing, as lease 45days in advance, and the said release shall not take place until a suitable substitute or successor has begun work. The instructor understands that any early release for the purposes of teaching elsewhere in Korea cannot be approved without written permission by the employer which is then approved by the Korean immigration authorities and that such requests are usually disapproved by Immigration. If employee does not comply with this clause, Institute may initiate Civil Action under the Korean Law. Only Acts of Nature and God are exempt from this clause.
g. In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will pay salary due to date of termination. Employer will not pay the cost of return transportation to point of departure for employee, nor will employer pay any severance pay. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of E2 visa and the cost of air fare provided for travel to Korea.

6. The employee further agrees not to take part in any of the following activities or any other activities which defame the Institute or its prestige.
a. Any activity which involves acceptance of tuition or other funds in person, or any other unsanctioned monetary transactions related to, or on behalf of, the Institute.
b. Borrowing funds from, or selling items to, the students of the Institute other than items officially sanctioned by the Institute.
c. Conducting classes in an intoxicated state.
d. Sexual advances towards students or questionable inter-personal relationships with individual students which in the loss of other students.
e. Teaching classes or students without the approval of the Institute.
7. Other Matters:
a. Employee agrees to conduct monthly examinations in accordance with the academic schedules of the institute and to report the result of examinations to the Director of the institute.
b. Employee agrees that two (2) tardiness in class sessions will be regarded as one hour of absence and one hours pay shall be deducted.
c. Salary will be paid monthly, on the normal payday for instructors or 30 days after the instructor begins instructing and every month thereafter.
d. Employee shall return all instructional and related materials to the institute following completion of each session. Employee may retain adequate materials to prepare for future class sessions.
e. Any error in the computation of salary shall be reported by either party to the other party within 7 days excluding Sundays and Korean Holydays.
f. If as a result of willful negligence, gross negligence or intoxication, Employee damages facilities, materials and other property belonging to the institute ( or homestay family, if applicable). The employee assumes pecuniary liability in accordance with Korean Law.
g. The employees effectiveness in attracting and retaining students in paramount to the interests of the institution. Therefore, if an employee who sincerely wants to remain in Korea and teach, experiences any decrease in enrollment of 50% of the instructors students in any given calendar month will require arbitration between the institute and the instructor and a mutually agreed upon third party. If arbitration assigns a probationary period and intensified training the instructor will continue to receive payment for 30 days at the prescribed hourly /minimum rate, as agreed upon. If enrollment continues to decrease during the probationary period the instructor may be given notice at any time during the probationary period but retained for at least 30 days from notification.
h. The institute may terminate this agreement for the following reasons:
1) in such case as the health of the instructor becomes seriously endangered and further continuation of teaching is determined impossible.
2) in such case as the instructor or his/her dependents violate the law of the republic of Korea.
3) in such case as the instructor does not carry out the responsibilities stipulated in paragraphs 4 and 5 of this agreement or violates the provisions o paragraphs 6.
4) in the event that the submitted documents attesting to the applicant��s credentials or qualifications prove to be invalid.
5) in the event that the instructor commits violence or threatens violence against any staff members, fellow instructors, students or other persons whether at work or not at work.
i. the starting date of this agreement cannot be absolutely guaranteed because of normal visa processing procedures which sometimes extend beyond the starting date. If delays occur and the instructor arrives beyond the start date, the institute will do its best to provide classes upon the instructors arrival in Korea. If unavoidable delays occur, the institute may opt to begin the full salary payment period on the first day of the next new month and may pay an hourly rate of 13,000won per hour including Saturday classes to cover the first partial month. The institute may also opt to begin classes on the first teaching day of the next new month.
j. All parties agree to the conditions of this contract, in good will, and agree to resolve disputes as gentlepersons, willing to compromise, but will submit to the ultimate judgement of Korean Civil Law for any unresolved disputes arising from matters herein or addressed herein.
k. This agreement constitutes the entire agreement between the parties and supercedes all previous representations, understanding or agreements, oral or between the parties with respect to the subject matter hereof.



***

There are a few things I would work on, obviously, but any input would be appreciated. Thanks.

John
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Grotto



Joined: 21 Mar 2004

PostPosted: Thu Jan 20, 2005 11:57 am    Post subject: Reply with quote

Quote:
Overtime pay is 15,000won per hour or 250,000won per additional class.


isnt a class 50 minutes? so is it 15 per hour or 250 per hour clarify this.

Quote:
WORKING SCHEDULE: 6 classes (50min)= 5 hours per day ( but only M~F)


Time? From when to when? Is it 12-3 and 9-11?

Quote:
UTILITIES: Instructor pays fair share of utilities which includes Housing Management, Service payable for Condominium Service.


Which amounts to how much a month?

Quote:
BASIC HOUSEHOLD FURNISHING: Provided.


What furnishings? A basic list would be nice. The concept basic furnishing can vary greatly from place to place.

Quote:
MEDICAL INSURANCE: The Institute will provide a comprehensive medical insurance plan.


No cost to employee?

Quote:
PAID VACATION: 4 days in the summer, 4 days in the winter including weekend vacation. It can only be taken as schedule by employer.


Should be a minimum of 10 days per year. What is this including weekends crap? As scheduled by employer? Get exact dates~!

Quote:
TAXES/ DEDUCTIONS: 5~7% of income will be deducted for Korean taxes.


No income tax is no more than 3-5% usually even less for foreign teachers

Quote:
OTHER BENEFITS: Transportation paid to any classes that Institute arranges outside of the Institute to home.


Are they going to clear it through immigration first? Multiple work sites are illegal without immigrations permission.

Quote:
4. The employee, above named, agrees to endeavor to enhance the image to promote the educational purpose of the Institute and, to that end, act responsibly and to follow the instructions of the Director of the Institute in good faith.


I would add 'follow the instructions within reason.'

Quote:
d. A Teaching Hour is defined as 50 minutes of teaching as prescribed by the Institute. The Institutor is obligated to attend teacher or training meetings, etc., up to 4 hours compensation but that hours over 4 hours per month fall under overtime pay. As with any teaching position, the Instructor should be adequately prepared for classes using Instructors own time as necessary.


I would take it down to 1 hour a month. Prep time should be part of the work time. How much prep is required per class? I have no problem putting in an hour or two a week doing prep, but if you end up doing more you should be compensated for it.

Quote:
e. The employee is required to accept Saturday classes if (in the opinion of the employer) the employer requires such as to maintain a competitive business and to keep the instructor gainfully employed.


ummmm no thank you....this means you will be teaching Saturdays. Bullcrap clause.

Quote:
f. In the event that the employee seeks release from the present Agreement he/she shall so inform the Director of the Institute, in writing, as lease 45days in advance, and the said release shall not take place until a suitable substitute or successor has begun work. The instructor understands that any early release for the purposes of teaching elsewhere in Korea cannot be approved without written permission by the employer which is then approved by the Korean immigration authorities and that such requests are usually disapproved by Immigration. If employee does not comply with this clause, Institute may initiate Civil Action under the Korean Law. Only Acts of Nature and God are exempt from this clause.


If you give 45 days notice that is all that is required. At the end of that time you are free to leave. Being able to work elsewhere in Korea may be difficult but if you have a signed letter of release you should have no problem. NOT TRUE

Quote:
g. In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will pay salary due to date of termination. Employer will not pay the cost of return transportation to point of departure for employee, nor will employer pay any severance pay. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of E2 visa and the cost of air fare provided for travel to Korea.


No thanks. If you have been here 6 months or more your air fare here should be covered. The cost of the E2 visa is not your responsability either.

Quote:
7. Other Matters:
a. Employee agrees to conduct monthly examinations in accordance with the academic schedules of the institute and to report the result of examinations to the Director of the institute.


Are these exams overtime? Or part of the regular class time?

Quote:
b. Employee agrees that two (2) tardiness in class sessions will be regarded as one hour of absence and one hours pay shall be deducted.


No thanks. So if you are late twice just dont teach that class~! What is thier definition of tardiness? One minute? One second? And really what the hell is tardiness in class?

Quote:
f. If as a result of willful negligence, gross negligence or intoxication, Employee damages facilities, materials and other property belonging to the institute ( or homestay family, if applicable). The employee assumes pecuniary liability in accordance with Korean Law.


Again it is up to the courts to decide liability.

Quote:
g. The employees effectiveness in attracting and retaining students in paramount to the interests of the institution. Therefore, if an employee who sincerely wants to remain in Korea and teach, experiences any decrease in enrollment of 50% of the instructors students in any given calendar month will require arbitration between the institute and the instructor and a mutually agreed upon third party. If arbitration assigns a probationary period and intensified training the instructor will continue to receive payment for 30 days at the prescribed hourly /minimum rate, as agreed upon. If enrollment continues to decrease during the probationary period the instructor may be given notice at any time during the probationary period but retained for at least 30 days from notification.


Holding a teacher responsible for decrease in students. What if there is an increase? Also your contracted salary is your salary...there is no minimum or maximum. Crap section.

Quote:
i. the starting date of this agreement cannot be absolutely guaranteed because of normal visa processing procedures which sometimes extend beyond the starting date. If delays occur and the instructor arrives beyond the start date, the institute will do its best to provide classes upon the instructors arrival in Korea. If unavoidable delays occur, the institute may opt to begin the full salary payment period on the first day of the next new month and may pay an hourly rate of 13,000won per hour including Saturday classes to cover the first partial month. The institute may also opt to begin classes on the first teaching day of the next new month.


Laughing yeah right....Mon- Fri remember? The starting date would be on your visa or just arrange for the teacher to arrive on the first of the month....what a concept Rolling Eyes

I dont like it just due to the working on Saturdays that they have sleazily slipped in.[/quote]
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The Bobster



Joined: 15 Jan 2003

PostPosted: Thu Jan 20, 2005 12:24 pm    Post subject: Reply with quote

Quote:
I would take it down to 1 hour a month. Prep time should be part of the work time. How much prep is required per class? I have no problem putting in an hour or two a week doing prep, but if you end up doing more you should be compensated for it.

I never do less than an hour a day of prep time, usually more when you average things out. If I teach even just 5 classes a day that's 12 minutes per class, and I can't see how anyone can honestly do less unless you just pass out crossword puzzles and read a newspaper for the rest of the 50 minutes.

Even using the crossword method, there's just not enough reading the International Herald Tribune to stretch through awhole day of work ... you big into novels, Grotto?

Wink

Aside from the kidding around, naw, I wouldn't sign the contract either - the rest of what you say is pretty close to dead on there.
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John Henry



Joined: 24 Sep 2004

PostPosted: Thu Jan 20, 2005 1:31 pm    Post subject: Reply with quote

Yeah, I had to give the "Thanks, but no thanks" on that one. It's not that I'm opposed to working on Sats (for the right price, of course), but I can already see what's gooing to happen there.

You mean I have to work ALL DAY Saturday!? Every Saturday?

Oh, also went to recruiter's website and found that job's hours. 6:30-9:30am & 6:30-9:30pm M-F. Add in Sats, and dang...that kinda sucks.

I know adults = splits, but not that desperate...yet.

Still, I got offered a contract for a job overseas...Cool!!!
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SuperFly



Joined: 09 Jul 2003
Location: In the doghouse

PostPosted: Thu Jan 20, 2005 1:35 pm    Post subject: Reply with quote

Jesus, I was making more than that in 1998! Have these people ever heard of inflation?? Mad
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Grotto



Joined: 21 Mar 2004

PostPosted: Thu Jan 20, 2005 1:51 pm    Post subject: Reply with quote

Hey it was early in the AM when i wrote this. But if I teach 6 classes a day I do expect prep time to be set out a bit more clearly.

One of the biggest problems I have with contracts over here is they say they only pay for classtime but then expect 2-3 hours of unpaid prep time.

I usually prep an hour a day for class but any more than that I expect to be paid for.

Its the unpaid waste of time meeting bullcrap that irks me. 4 hours a month? Shocked Every meeting I have had at any hogwan or public school I have worked at has been a colossal waste of my time. Nothing gets done, its almost always all in Korean and nobody tells you what is going on. The actual time needed is about 5-10 minutes. 1 hour? no way!
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