|
Korean Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
|
View previous topic :: View next topic |
Author |
Message |
buymybook
Joined: 21 Feb 2005 Location: Telluride
|
Posted: Wed Feb 23, 2005 5:46 am Post subject: Contract Warning |
|
|
This contract was obtained by "one of the best jobs in Korea." They make those things that float on water. I should point out first that they asked for my last employers phone number for a reference, I gave it to them but they never called because I told them that they probably wouldn't speak of me very highly(of course they are all lies, really)! I gave them reasons and proof of some facts that happened or what they did to me which is why they probably wouldn't speak of me highly.
The place of this said contract is about 60 miles south of Seoul and they say they offer some good things. I will point out some not so good things in the contract besides obvious spelling errors throughout.
Article 13 says...13.3 INDEMNITY
The English Teacher shall be indemnified for and keep EMPLOYER out of harm from any liability or damages arising from or in relation to any negligent, international or illegal activity of exercised by the English Teacher during the term of employment under this contract
I have never seen or read anything like this before "I or we shall be indemnified for..." Yeah right, get rid of it!
Article 14 says...ARTICLE 14. ARBITRATION
14.1 EMPLOYER and the English Teacher shall use every reasonable effort to ensure that all disputes, controversies or differences which may arise between the parties, out of or in relation to this CONTRACT, or for the breach thereof, and that it be settled amicably between the parties by full and complete discussion .
14.2 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.
I think arbitration could be good but in no way would it be "final" in my contract.
Article 15 says...ARTICLE 15 FORCE MAJEURE
15.1 Neither party shall be liable to the other party for any loss, damage or delay caused by force majeure, which is defined as one or more of the following :
Causes such as Act of God, war, revolt, riot, fire, flood, other natural disasters, acts of terrorism and changes in the law of the Governments of the two parties.
"as one of the following" O.K. fine, but not "or more!" What more of the following? No way, don't sign unless a change is made!
Article 16 says...ARTICLE 16. GOVERNING LAW
1. This CONTRACT shall be governed and amended in accordance with the laws of Republic of Korea.
EMPLOYER does is in no way responsible for any financial liabilities
except for the articles which are mentioned in this contract and the
English Teacher shall keep EMPLOYER safe from any claim or suit in
connection therewith.
The last sentence states that they can fire you and you can't make a claim, not even to the Labor Ministry. You can't sue them even if they sue you. Don't be stupid and sign such a thing.
This place might be good, but the contract states some unbelievably stupid things. Have you ever taught English to workers of place that make those things that float on water? Is it or was it good? |
|
Back to top |
|
 |
Wangja

Joined: 17 May 2004 Location: Seoul, Yongsan
|
Posted: Wed Feb 23, 2005 1:45 pm Post subject: |
|
|
Quote: |
Article 14 says...ARTICLE 14. ARBITRATION
14.1 EMPLOYER and the English Teacher shall use every reasonable effort to ensure that all disputes, controversies or differences which may arise between the parties, out of or in relation to this CONTRACT, or for the breach thereof, and that it be settled amicably between the parties by full and complete discussion .
14.2 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.
I think arbitration could be good but in no way would it be "final" in my contract. |
If you won? |
|
Back to top |
|
 |
John Henry
Joined: 24 Sep 2004
|
Posted: Wed Feb 23, 2005 2:01 pm Post subject: Re: Contract Warning |
|
|
This contract was obtained by "one of the best jobs in Korea." They make those things that float on water. I should point out first that they asked for my last employers phone number for a reference, I gave it to them but they never called because I told them that they probably wouldn't speak of me very highly(of course they are all lies, really)! I gave them reasons and proof of some facts that happened or what they did to me which is why they probably wouldn't speak of me highly.
The place of this said contract is about 60 miles south of Seoul and they say they offer some good things. I will point out some not so good things in the contract besides obvious spelling errors throughout.
Article 13 says...13.3 INDEMNITY
The English Teacher shall be indemnified for and keep EMPLOYER out of harm from any liability or damages arising from or in relation to any negligent, international or illegal activity of exercised by the English Teacher during the term of employment under this contract
I have never seen or read anything like this before "I or we shall be indemnified for..." Yeah right, get rid of it!
Boy do I feel dumb, I don't even know what this means.
Article 14 says...ARTICLE 14. ARBITRATION
14.1 EMPLOYER and the English Teacher shall use every reasonable effort to ensure that all disputes, controversies or differences which may arise between the parties, out of or in relation to this CONTRACT, or for the breach thereof, and that it be settled amicably between the parties by full and complete discussion .
14.2 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.
I think arbitration could be good but in no way would it be "final" in my contract.
Well, what would you suggest?
Article 15 says...ARTICLE 15 FORCE MAJEURE
15.1 Neither party shall be liable to the other party for any loss, damage or delay caused by force majeure, which is defined as one or more of the following :
Causes such as Act of God, war, revolt, riot, fire, flood, other natural disasters, acts of terrorism and changes in the law of the Governments of the two parties.
"as one of the following" O.K. fine, but not "or more!" What more of the following? No way, don't sign unless a change is made!
WFT??? You're not even making sense here. They are saying one or a combination of teh following things.
Article 16 says...ARTICLE 16. GOVERNING LAW
1. This CONTRACT shall be governed and amended in accordance with the laws of Republic of Korea.
EMPLOYER does is in no way responsible for any financial liabilities
except for the articles [b]which are mentioned in this contract and the
English Teacher shall keep EMPLOYER safe from any claim or suit in
connection therewith. [/b]
The last sentence states that they can fire you and you can't make a claim, not even to the Labor Ministry. You can't sue them even if they sue you. Don't be stupid and sign such a thing.
Well then put these in the contract. Are you really going to sue if you get fired anyway? This also protects you from getting sued, if you...oh...suck as a teacher, accidently sink one of their boats or take off halfway through the contract.
This place might be good, but the contract states some unbelievably stupid things. Have you ever taught English to workers of place that make those things that float on water? Is it or was it good?
I've seen that job posted a few times in the last couple of months. A shipyard would be a cool place to work for me, cuz I like dem boats, but have no idea what it's like to work there.
[/u] |
|
Back to top |
|
 |
John Henry
Joined: 24 Sep 2004
|
Posted: Wed Feb 23, 2005 2:01 pm Post subject: Re: Contract Warning |
|
|
This contract was obtained by "one of the best jobs in Korea." They make those things that float on water. I should point out first that they asked for my last employers phone number for a reference, I gave it to them but they never called because I told them that they probably wouldn't speak of me very highly(of course they are all lies, really)! I gave them reasons and proof of some facts that happened or what they did to me which is why they probably wouldn't speak of me highly.
The place of this said contract is about 60 miles south of Seoul and they say they offer some good things. I will point out some not so good things in the contract besides obvious spelling errors throughout.
Article 13 says...13.3 INDEMNITY
The English Teacher shall be indemnified for and keep EMPLOYER out of harm from any liability or damages arising from or in relation to any negligent, international or illegal activity of exercised by the English Teacher during the term of employment under this contract
I have never seen or read anything like this before "I or we shall be indemnified for..." Yeah right, get rid of it!
Boy do I feel dumb, I don't even know what this means.
Article 14 says...ARTICLE 14. ARBITRATION
14.1 EMPLOYER and the English Teacher shall use every reasonable effort to ensure that all disputes, controversies or differences which may arise between the parties, out of or in relation to this CONTRACT, or for the breach thereof, and that it be settled amicably between the parties by full and complete discussion .
14.2 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.
I think arbitration could be good but in no way would it be "final" in my contract.
Well, what would you suggest?
Article 15 says...ARTICLE 15 FORCE MAJEURE
15.1 Neither party shall be liable to the other party for any loss, damage or delay caused by force majeure, which is defined as one or more of the following :
Causes such as Act of God, war, revolt, riot, fire, flood, other natural disasters, acts of terrorism and changes in the law of the Governments of the two parties.
"as one of the following" O.K. fine, but not "or more!" What more of the following? No way, don't sign unless a change is made!
WFT??? You're not even making sense here. They are saying one or a combination of teh following things.
Article 16 says...ARTICLE 16. GOVERNING LAW
1. This CONTRACT shall be governed and amended in accordance with the laws of Republic of Korea.
EMPLOYER does is in no way responsible for any financial liabilities
except for the articles [b]which are mentioned in this contract and the
English Teacher shall keep EMPLOYER safe from any claim or suit in
connection therewith. [/b]
The last sentence states that they can fire you and you can't make a claim, not even to the Labor Ministry. You can't sue them even if they sue you. Don't be stupid and sign such a thing.
Well then put these in the contract. Are you really going to sue if you get fired anyway? This also protects you from getting sued, if you...oh...suck as a teacher, accidently sink one of their boats or take off halfway through the contract.
This place might be good, but the contract states some unbelievably stupid things. Have you ever taught English to workers of place that make those things that float on water? Is it or was it good?
I've seen that job posted a few times in the last couple of months. A shipyard would be a cool place to work for me, cuz I like dem boats, but have no idea what it's like to work there. |
|
Back to top |
|
 |
Wangja

Joined: 17 May 2004 Location: Seoul, Yongsan
|
Posted: Wed Feb 23, 2005 2:53 pm Post subject: |
|
|
Quote: |
Article 15 says...ARTICLE 15 FORCE MAJEURE
15.1 Neither party shall be liable to the other party for any loss, damage or delay caused by force majeure, which is defined as one or more of the following :
Causes such as Act of God, war, revolt, riot, fire, flood, other natural disasters, acts of terrorism and changes in the law of the Governments of the two parties.
"as one of the following" O.K. fine, but not "or more!" What more of the following? No way, don't sign unless a change is made!
|
This is a fairly standard force majeure clause and protects both parties.
Were it not there, the teacher would be obliged to continue teaching while being shot at. I think you might be well adivsed to leave it in. |
|
Back to top |
|
 |
Wangja

Joined: 17 May 2004 Location: Seoul, Yongsan
|
Posted: Wed Feb 23, 2005 2:57 pm Post subject: |
|
|
Quote: |
Article 16 says...ARTICLE 16. GOVERNING LAW
1. This CONTRACT shall be governed and amended in accordance with the laws of Republic of Korea.
EMPLOYER does is in no way responsible for any financial liabilities
except for the articles which are mentioned in this contract and the
English Teacher shall keep EMPLOYER safe from any claim or suit in
connection therewith.
The last sentence states that they can fire you and you can't make a claim, not even to the Labor Ministry. You can't sue them even if they sue you. Don't be stupid and sign such a thing. |
How do you come to that conclusion?
It looks to me that:-
1. The governing law is RoK, and
2. That other than provided in the contract (or the law) no claim will be considered. |
|
Back to top |
|
 |
Wangja

Joined: 17 May 2004 Location: Seoul, Yongsan
|
Posted: Wed Feb 23, 2005 3:01 pm Post subject: |
|
|
Quote: |
Article 13 says...13.3 INDEMNITY
The English Teacher shall be indemnified for and keep EMPLOYER out of harm from any liability or damages arising from or in relation to any negligent, international or illegal activity of exercised by the English Teacher during the term of employment under this contract
I have never seen or read anything like this before "I or we shall be indemnified for..." Yeah right, get rid of it!
|
This is not unusual. It means that if the teacher does something illegal or negligent he indemnifies the Employer. A bit like a doctor does for his patients. And other professionals do for their clients. |
|
Back to top |
|
 |
buymybook
Joined: 21 Feb 2005 Location: Telluride
|
Posted: Wed Feb 23, 2005 7:35 pm Post subject: Clarification |
|
|
My point in article 13 was only that of poor English.
article 14 would be fine if the said parties would attempt to make things final in arbitration.
article 15, thank you! I stand corrected.
article 16, Mr. John Henry does not stop them from filing a lawsuit against me. It would only stop me from suing them. And I would only sue them if "Arbitration," or Labor Office can't help me in case I was fired illegally. Yes, I would really sue them! I recently filed a counter-lawsuit against my Wonjang because they sued my for picketing. They also sued my Korean male friend for translating the picket sign into Hangul for me. If they hadn't included my Korean friend in the lawsuit I doubt I would have been able to have other Korean people supposedly help me with this situation. Of course help by a Korean is limited, they often quit/give up after awhile and put you through some real crazy crap while they say they are helping you. Sometimes when people quit on you, you may have been better off without their help from the beginning. I've had a Reverend tell a member of a church not to help me and then I think I was paid off to leave the church because of some controversy I was stirring within the church. I'm sure my situation caused members to argue with each other. I can't find a legal job, they sent me across town to another Reverend and I'm not happy where I'm at for a few reasons. Now, I'm simply looking for a legal job without a reference. I've been told I'm the first foreigner at a particular district court in Seoul and I'll be going back for the 4th time soon. I'm currently in civil court but the Wonjang continues to also try and sue me in criminal court. The police tried to stop me from picketing but in the end they allowed me to go back, how can they now say what I did was a criminal offense? The labor office agreed with me that I was fired illegally and am owed money from hours worked my last month. But, they can't help me because of the size(5 teachers or less) of the Hakwon and because they are weak. The Wonjang would rather pay a fine than pay me. My Wonjang also paid a 300,000 Won fine for assaulting me one day when I was on my way to the Hakwon to picket(they jumped me and stole my picket sign). Mr. Wonjang tried many times but couldn't get it from me, there was a huge crowd of people watching maybe 100 Koreans. I practically begged them for help but they just stood there watching. Finally(at this particular spot), a man I recognized from somewhere who also knows someone at the police station stopped Mr. Wonjang just before the police arrived. We went to the police station, they told Mr. Wonjang to quit trying to steal my picket sign but he stalked me when I left the police station and then had his wife help him attack me behind the police station. His wife is bigger/taller than him and he hit me from behind, I fell to my knees, was able to get his head in a head lock and run over towards a truck to attempt to bash his head into it but he escaped all while I was holding the picket sign and the wife was attempting to steal or grab it out of my hands. After that they did finally steal my picket sign and we then went to a bigger police station. I was there for 6 hours, they finally got a translator to take my statement. I left before the Mr. and Mrs. Wonjang. To be continued...maybe when I win my court case in excess of 12,000.000 Won. |
|
Back to top |
|
 |
kprrok
Joined: 06 Apr 2004 Location: KC
|
Posted: Wed Feb 23, 2005 8:28 pm Post subject: Re: Clarification |
|
|
buymybook wrote: |
Article 14 would be fine if the said parties would attempt to make things final in arbitration. |
That's exactly what arbitration is. Both parties come together because they can't work out a solution on their own. They agree to abide by the ruling of the arbitrator and that's the end of it. No more. No appeals, no nothing.
Arbitration is the final contest. You win, cool; you lose, you're SOL.
KPRROK |
|
Back to top |
|
 |
|
|
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum
|
|