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Help needed on contracts

 
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thomasdr



Joined: 02 Feb 2005

PostPosted: Thu Feb 03, 2005 11:04 am    Post subject: Help needed on contracts Reply with quote

I have been offered the following contract to teach at a school in Daegu. I am not sure if this is a standard contract or if it leaves me open to abuse. I will be a new teacher but I have experience substitute teaching in public schools, 9 years of language training in Spanish, a B.A. in history, 1 year of volunteer teaching in Spanish at the elementary level, and significant experience living abroad. With only these credentials, is this the type of contract that I can expect to be offered? How far should I push in negotiating?

Thank you,
Drew

TEACHER EMPLOYMENT AGREEMENT
ONE YEAR CONTRACT

This EMPLOYMENT AGREEMENT has been made this ____ of ____________ 2005 between the GnB English Education Company being represented by ________________,the director of the school located at _________________________________________ established under the laws of South Korea at Seoul Republic of Korea (hereinafter referred to as the "Employer") and ______________________ a citizen of __________________whose passport number is _________________________(hereinafter referred to as the "Teacher") under the terms and conditions set forth below.

Both parties agree on the following terms and conditions:

1. WORKLOAD
A: The workload is a maximum of 30 hours per week, which is organized in a one-block shift of 6 hours a day, Monday through Friday from 2 pm. to 8 pm or 9 a.m. to 3 pm. This depends on the season.
B: In the event that overtime is required, the teacher will be compensated. (see payment section) The teacher will have the option of working overtime.

2. PERIOD OF EMPLOYMENT
A: The period of employment is from ____________ to_______________.
B: The teacher agrees to discontinue his/her residence in Korea under the visa status arranged and sponsored by employer and leave from the status within five days of termination of this contract.
C: Whether the contract will be renewed for one more year will be discussed two months before the end of this contract.

3. PAYMENT
A: The period of a calendar month is accounted for as a payment session.
B: The monthly compensation will be ___________________ Korean Won to be paid on each payday.
C: Income tax (3%) + residence tax (0.3%), and (1.5%) health insurance will be deducted off the salary according to Korean tax laws. Note that for health insurance, the Korean laws stipulate that the employer pays half and the teacher pays half.
D: If applicable, overtime pay of 20,000 Korean Won per hour is paid on the same payday on the basis of the calendar month.
E: Attendance at scheduled staff meetings and workshops are mandatory and are not accounted for as overtime.
F: The salary will be paid on the ____ day of each month. However, the payment for the last month plus the severance pay will be made on the teacher's last workday.

4. SEVERANCE PAY
Upon completion of this one-year contract, the teacher will receive a severance pay equal to one month's salary. This payment will be made at the completion of the contract period.

5. HOUSING
A: A furnished apartment is provided by the employer.
B: All necessary furniture and living materials are provided in the accommodations.
C: Monthly costs such as utilities and telephone charges for the accommodations will be paid by the teacher. In Korea, under normal use, the monthly utilities usually range from 30,000 to 50,000 won, depending on the season.
D: Any problems that may arise in the functionality of the apartment will be taken care of by the employer.

6. PAID HOLIDAYS & SICK LEAVES
A: Paid time off work will include all national holidays which totals approximately 20 days (eg. Children? Day, Buddhist Birthday, Christmas, Independence Day, etc). In Korea, the big vacations are the summer vacation is for about 5 days at the end of July, Chusok (Thanksgiving) in September for 3 days and Seorla (Lunar New Years) in January for 3 days. All other days off are single days throughout the year.
B: 5 days of sick leave are allowed. Any more days beyond this will be deducted from the regular pay.

7. MEDICAL INSURANCE
A: The teacher will be covered for medical needs.
B: One half of the insurance premium is to be paid by the employer and the other half is deducted from the teacher's pay (The current rate is approx 1.5% of the salary).

8. PAID AIRFARE, VISA AND RESIDENCE CARD
A: The employer will pay for a one-way ticket to Korea. At the end of the contract, the employer will pay for a one-way ticket back to the teacher? original destination. If the teacher elects to travel elsewhere, the employer will pay for a ticket equal to or less than the amount for the one-way ticket back home.
B: In the case the teacher leaves the school before the contract period ends, the employer will not pay for the return ticket.
D: If the teacher breaks the contract within 3 months of the contract, the teacher must reimburse the employer the cost of the one-way ticket the employer has paid for at the beginning of the contract.
E: Should the teacher need to go to another country to obtain a work visa, the school will cover all costs.
F: Should the teacher be let go before the one year contract ends, the school does not have to pay for the return fare.

9. DISMISSAL OR VOLUNTARY RESIGNATION
A: The employer reserves the right to dismiss the teacher from employment for the following reasons;
a) Neglecting his/her duties as stipulated in this agreement.
b) Frequent absences from work and lack of preparation for classes in advance.
c) Having received two warning letters.
d) A criminal misconduct.
e) Working for another school or business. (this is illegal and immigration is quite strict on this policy)
B: In the case of early dismissal, employer will give 30 days notice. However, in the case of a criminal misconduct, dismissal from employment may happen immediately with no warning or notice.
C: In the case when the teacher wants to resign from employment due to personal reasons, 30 days notice must be given in advance to the employer.
D: In either case of dismissal or resignation, the school will not compensate for the return flight.
E: In the case of dismissal or resignation, the teacher's pay is calculated up to the last day of the teacher's work.

10. TEACHER'S DUTIES
A: During the term of this agreement, the teacher must cooperate and comply with the instructions and disciplines of the school and the duties as stated below.
B: The teacher must adequately prepare for classes in advance.
C: The teacher's work will include the following:
a) Teach English using GnB books and materials only unless told otherwise.
b) Indoors and Outdoor classroom activities for/with students.
c) Grading and assessment of students.
d) Students counseling or evaluation.
e) Attending teachers' meetings, workshops and parents' meetings.
f) Any related activities that may be deemed necessary for the betterment of the school.

_________________________ _________________________
Employer Teacher

_________________________ _________________________
Signature Signature

_________________________ _________________________
Date Date
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Grotto



Joined: 21 Mar 2004

PostPosted: Thu Feb 03, 2005 2:52 pm    Post subject: Reply with quote

Quote:
1. WORKLOAD
A: The workload is a maximum of 30 hours per week, which is organized in a one-block shift of 6 hours a day, Monday through Friday from 2 pm. to 8 pm or 9 a.m. to 3 pm. This depends on the season.
B: In the event that overtime is required, the teacher will be compensated. (see payment section) The teacher will have the option of working overtime.


It doesnt say how long the classes are, I would ask.

Quote:
E: Attendance at scheduled staff meetings and workshops are mandatory and are not accounted for as overtime.


I would ask how often staff meetings and workshops occur and for how long.

[quote]6. PAID HOLIDAYS & SICK LEAVES
A: Paid time off work will include all national holidays which totals approximately 20 days (eg. Children? Day, Buddhist Birthday, Christmas, Independence Day, etc). In Korea, the big vacations are the summer vacation is for about 5 days at the end of July, Chusok (Thanksgiving) in September for 3 days and Seorla (Lunar New Years) in January for 3 days. All other days off are single days throughout the year.
Quote:


This is a little sketchy. The amount of holidays you will get from national holidays is about 10 days this coming year due to many of them falling on weekends.

You are also entitled to 10 days paid vacation, maybe they have included it in the 20 days off but they do fail to mention it.

10. TEACHER'S DUTIES

B: The teacher must adequately prepare for classes in advance.
Quote:


I would ask how much time is expected to be spent preparing for classes?

c) Grading and assessment of students.
d) Students counseling or evaluation.
Quote:


How often, how intensive are the evaluations and grading?

e) Attending teachers' meetings, workshops and parents' meetings.
Quote:


Again how often, how long?


f) Any related activities that may be deemed necessary for the betterment of the school
Quote:


I would delete this section as it gives them carte blanche to make you do anything they want for the 'betterment' of the school.

Overall it is a pretty good contract. No big warning signs and pretty fairly written.

The only thing I dont like about it is that they are not clear on how much time is expected to be spent marking, preparing, at meetings and whatnot.
I would ask for clarification in writing just so there wouldnt be any unplelasant surprises.

With your credentials I would definately negotiate the salary level.

You should actually try looking into a public school position over here.

Good luck
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Zenpickle



Joined: 06 Jan 2004
Location: Anyang -- Bisan

PostPosted: Thu Feb 03, 2005 4:37 pm    Post subject: Reply with quote

I agree, Grotto. It's not a bad contract. I have seen (and signed) much worse.

I don't like the vacation clause and what Grotto calls the "carte blanche" clause. You can change it to "activities directly related to classes and the students." The clause is there to guarantee you'll be there for field trips and sports days. But "betterment of the school," in a worst case scenario, could mean giving the hallways a new paint job. Nonetheless, it says nothing about the teacher not getting paid for these duties.

Other than that, the contract clearly states you will be working a specific block of hours. You can use that to your advantage if they try to make you work beyond this block. I like this because it does not say "teaching hours" but says "workload" in general. You are paid for face time and have a predictable schedule. In reality, you more than likely will not be teaching during all those hours but will have hefty gaps. You are expected to do your class prep and paperwork during those hours. The only downside is that if you have something like a 2-hour break, you can't go home and take a nap. Some people prefer this. Others think it's a prison.

Now, I like to get creative when teaching a class, so I would feel constrained about (10 a.), teaching only from approved materials. But then again, it may be easy to get permission to use other materials.

So generally, yeah, it's not a bad contract.
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the eye



Joined: 29 Jan 2004

PostPosted: Thu Feb 03, 2005 7:08 pm    Post subject: Reply with quote

check your Private messages.

you didn't disclose your salary...so part of our judgment is handicapped.

however, a cool thing in your contract is that the school will pay for your visa run to Japan. that's a few hundred thousand won.
the 5 day schedule is good, too.

bad things:
-no stipulation on class length. 1 class = 1 hour or 45min??
-only 5 days vacation in addition to national holidays...and you are forced to take it in July.
-no admission as to how many workshops and meetings you must attend.

over all, it's not a bad deal. make sure you have a talk with current teachers there, and eventually post the name of the school on here to get some feedback.
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chronicpride



Joined: 16 Jan 2003

PostPosted: Thu Feb 03, 2005 7:57 pm    Post subject: Reply with quote

the eye wrote:

over all, it's not a bad deal. make sure you have a talk with current teachers there, and eventually post the name of the school on here to get some feedback.


I'm guessing that it's GnB, as that's what books he'll be teaching with. GnB has good and bad schools in that city. I worked at a good one in Chimsan, north of downtown. I've introduced a few others to other GnBs and they had good feedback. Depends which one.

But I agree with Eye's comments about reference-checking. Needling away at contracts doesn't amount to very much, considering that this is a culture that operates on soft contracts. We are putting Western eyes on a Korean issue. Sometimes they are soft on the contract which may benefit the teacher. Or, in some cases may benefit the school. The only way to confirm how the contract plays out in reality is by talking to past and current teachers. And asking them why they are hiring. Expansion? Replacement? Why did the teacher whom you are replacing, not re-sign? Make sure you get his/her contact info.

A well-versed and structured contract that has all of its I's dotted and T's crossed, isn't worth squat, when you find yourself trying to persuade your director to fumigate your apartment of an extended family of roaches. Or that your director is impossible to deal with, because he has a TOEIC score of 50, and was an ex-major in the Korean army.

Ask the past and current teachers there about how the contract, schedule, and working conditions really play out upon execution, plus talk about the additional factors of location and apartment.
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thomasdr



Joined: 02 Feb 2005

PostPosted: Thu Feb 03, 2005 8:12 pm    Post subject: Reply with quote

Thank you everyone for your help Very Happy It is great that people are willing take the time to help a poor newbie like myself make this difficult decision.

In answer to your questions, the school is GnB English Education Company at 988-36 Wansan-dong, Youngchun City, Gyoungbook. My purposed salary is 2,000,000 and the head director is Mr. Joohyoung. If you have any information on the area or school, please let me know. I appreciate all your help.

Sincerely,

Drew
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chronicpride



Joined: 16 Jan 2003

PostPosted: Thu Feb 03, 2005 8:37 pm    Post subject: Reply with quote

Youngcheon is in the sticks, past Palgong Mtn, I believe. Send a PM to FUBAR, as he lives/works in that town, and can give better advice about location, and possibly info on that school.
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