Korean Job Discussion Forums

[alwynjo]

Hi, I was sent this contract today - it sounds dodgy to me, but thought I would see what others thought.

ALSO if I dont want the contract whats the best way of saying that I dont want it? I want to be polite...

anyway here it is:EMPLOYMENT AGREEMENT

This agreement is entered into by the Institute as EWHA AMERICAN LANGUAGE SCHOOL
ULSAN CAMOUS, in Ulsan, Korea, hereinafter called Institute or Employer and
, Hereinafter called Employer or Institute.

2. Position or Title: English Teacher or Instructor

3. Salary: Monthly 1,900,000 Korean Won
Minimum pay: 1,900,000 Korean won per month for the first 6 month. The salary will be increased to 2,000,000 Korean won thereafter for the duration. The minimum pay is still due if the Institute is unable to provide this amount of hours but the instructor must teach at least this minimum requirement if the institute can provide classes to fill the hours. If deemed necessary by the employer to remain competitive, the instructor is obligated to accept overtime classes. The overtime pay rate beyond 40 classes /week will be $13,000/40 min.
WORKING HOURS: The instructor shall perform his/her duties for 30 hours (40 classes/45 minutes including break time). 6 days (Mon thru Sat) per week. For the first five month, there will be no Saturday classes to teach and for the sixth month there may be or may not
be Saturdays classes.

HOUSING: A private studio apartment will be provided with basic furnishing.
UTILITIES: Instructor pays utilities which include Housing management, Service payable for Condominium Services (electricity, gas, telephone, water, etc.).
The employee will have 200,000 Korean deducted from first salary to help off-set and for set-up maintenance expenses. This will also be reimbursed to employee at the end of contract.
MEDICAL INSURANCE: The institute will provide a half (50%) of comprehensive medical insurance plan.
AIRFARE: The employer will provide an economy one-way ticket to Korea from a major International Airport. On Successful completion of the one-year contract, the employer will provide the instructor with a return ticket to his/her country.
COMPLETION BONUS: The full payment of one-month salary will be given to the instructor at the end of the contract. Any early release shall not be subject to this clause.
SICK DAYS: 2 days off with doctor�s note. Should the instructor be absent due to sickness, he/she is required to contact the Employer first. The doctor�s note must be submitted upon return to work.
VACATION: 3 days of vacation after each quarter (Spring, Summer, Fall and Winter) will be granted to instructor except Korean national holidays (Usually 12 days for a given year)
VISA: The employer will provide all necessary documents for and to the employee to obtain an E-2 working visa. This includes transportation, meal, accommodation, processing fee.
TAXES: 3.3 % of income will be deducted for Korean taxes.

4. The employee, above named, agreed to the endeavor to enhance to the image and to promote the educational purpose of the Institute and to that and 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 followings,

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, materials as needed.

b) The employee shall observe class hours strictly: any absence or tardiness, early dismissal of class, non-observance of working hours, etc�. can only take place with the permission of the director.

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 40 minutes of teaching as prescribed by the institute. The instructor is obligated to attend orientation program prior to the first day of teaching, teacher�s meetings, training programs or any other necessary for the classes or the school. The instructor is also required to interview new students and evaluate their placement level. As with any teaching position, the instructor should be adequately prepared for classes and also should make and mark term papers for his/her classes using instructor�s own time as necessary. And the instructor understands that such meetings, programs, activities, are not subject to compensation.

e) If the instructor seeks release from his/her contract because of cultural differences, home sickness, or personal problems, he/she will report to the institute, at least 60 days, in writing and will reimburse the employer as liquidated damages all expenses increased in anticipation of the employment of employee, such as travel allowance, housing deposit, and administrative costs etc.

The instructor understands that any early release for the purpose 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.

6. The employee further agrees not to take part in any of the following activities or any other activities which would 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 institute other than items officially sanctioned by the institute.

c) Conducting classes in an intoxicated state.

d) Sexually advances towards students or questionable inter-personal relationship with individual students which results in the loss of other students.

e) Teaching classes or students without the approval of the institute.

7. Other matters:0

a) Employee agrees to conduct monthly or mid-term and final 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 (1) hour of absence and one-hour pay shall be deducted.

c) Salary will be paid monthly, on the normal payday for instructors.

d) Employee shall return all instructional and related materials to the institute following completion of each session.

e) Any error in the computation of salary shall be reported by either party to the other party within 30 days.

f) If as a result of willful negligence, gross negligence or intoxication, employee damages facilities, materials and other properties belonging to the institute, the employee assumes pecuniary in accordance with Korea Law.

g) 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 does not carry out the responsibilities stipulated in paragraph 4 and 5 of this agreement or violates the provisions of paragraph 6.
(3) In such case as the instructor or his/her dependants violate the law of the Republic of Korea
(4) In the event the instructor commits violence or threatens violence against any staff members, fellow instructors, students or other persons whether at work or not at work.

h) All parties agree to the conditions of this contract, in good will, and agree to resolve disputes as gentle persons, willing to compromise, but will submit to the ultimate Judgment of Korea Civil Law for any unresolved disputes arising from matters herein or not addressed.

i) This agreement constitutes the entire agreement between the parties and supercedes all previous representation, understandings or agreements, oral or written, between the parties with respect to the subject matters hereof.




If you read this far then thanks for your interest! Any advice would be great!

[schwa]

40 classes a week & saturdays -- just say no. No need to apologize for declining that.

[Grotto]

[alwynjo]

thanks for looking at my contract guys - i really appreciate it!

[buymybook]

[Grotto]

Technically your visa is cancelled (or should be) when your employment is terminated. If you are fired or your employer violates your contract you should go to the labour board and file a complaint. That being done once you leave the country and turn in your ARC card your visa ?should? be cancelled. Once that is done you should be able to return.

Because of the lack of communication between immigration departments it is often quite easy to get a new visa in a different province. So if you got screwed over in Seoul head down to Pusan for a year. Not a gaurantee but I know some people who have done exactly that.

Oh and thanks

[buymybook]

Yes, even though the employer contacted Immigration to cancel my Visa, Immigration still told my I could not work for another employer until the Visa issuance date passed. Why would they tell me that?

And, if(which I did) I file a claim with the local labor board I would not be able to continue with my claim(must be present) if I lived in another province such as Busan. The labor board agreed with me that I was fired illegally but is unable to help me due to the small number size of employees.

That should help me in civil court and part of the reason why I counter-sued. Can you tell me who would sponsor my new Visa(send me out of country with a blue paper) without a letter of release? Which makes me wonder why all potential employers don't insist on seeing current ARC cards? My old Visa issuance date has passed but the reason I ask is two-fold, first to give you something to think about in your future analysis of contracts and secondly, for my information which is too much to explain at this time.

[Squid]

Yup, Grotto has spotted the weasels.

Don't accept the contract in the contract in its current form. You can change and rewrite sections if you can be bothered but its probably not worth your while...they're pretty intent on screwing you from the outset and even if they agreed to changes they'd revert to "original" clauses as soon as you started the job.

I find it amazing that Hagwons and Universities still produce contracts which are out of step with, or just plain contradict, current labor law- I guess they're just stupid.

Such is life... keep looking

[chronicpride]

Yes, this is one of Grotto's better ones. But don't rule the school out, unless you are unable to iron out the wrinkles of the contract and there are other non-contract warning signs, first. I'd get more specifics on the working hours and it's not clear that the 'may or may not be 6 days a week after 6 months' is definite lie. There's not enough info to support if it is a lie, or if a school has a planned consolidation with another school at that time and expanding enrollment, or if there is something else. I'd get come clarity on that area.

As for schedule considerations, see if they can fax or email you their most recent weekly schedule before signing, so you can get a better idea of what they are talking about, and when your prep and breaks are, so you plan accordingly.

As for sick days, push for the wording to be 'paid sick days'. Although there is no legislature governing sick days, there is one for menstrual leave (1 day a month), which has recently been revised from paid to an unpaid day and the school will also want to push for unpaid sick days, as such.

Make sure you are clear on if the school is deciding when your vacation days are or if you have a say in this matter. Also, if you have any particular holiday considerations that you want throughout the year, like xmas or whatever, then get this on the table now, and see if it can be accomodated or if you can work it off somewhere within the contract. Some schools will allow you to take a period off during the contract, if you were to work it off during, or by tacking on the extra days at the end of your contract, and extending your visa and airticket for that time.

If you can get the school to get more clear on some of the points raised, then make sure you qualify the crap out of them on other matters, particularly in talking to past/current teachers. I know people that have fared well at some of the Ewhas throughout the country, but there isn't much news on that school in particular, however one guy did mention in this thread on Ewha schools that the your director is dubious. It was a very vague report and teachers are not known for being forthcoming on their blacklisting, nevertheless, it's good to be extra careful and thorough about checking this place out.

[just because]

Double Post

[just because]

[Grotto]

Chronicpride wrote