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OK, I've negoitated this contract....What do you think?
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John Henry



Joined: 24 Sep 2004

PostPosted: Fri Mar 11, 2005 8:18 am    Post subject: OK, I've negoitated this contract....What do you think? Reply with quote

For a job in Yangsan. New school, I'm the first foreign teacher. What do you think?

1. PERIOD OF EMPOLYMENT

a. The total Agreement term is approximately one year, commencing from the date of arrival in Korea and finishing on the last teaching day of the teacher's twelfth teaching session.

b. The term of this Agreement includes preparatory period, twelve (12) full and consecutive teaching sessions, and all scheduled vacations and holidays that fall between or during teaching sessions.

c. The teacher agrees to discontinue residence in Korea under the visa status sponsored by employer within five days of completion of this employment.

2. CONDITIONS OF EMPLOYMENT

The teacher's work shall consist primarily of the following:

a. EFL instruction in any and all phases of the Institute's program to classes that range from the Preschool to Adults.
b. Curriculum design and implementation.
c. Development of educational program and materials.
d. Out-of-classroom activities for/with students.
e. Grading and evaluation of students.
f. Student counseling or evaluation.
g. Attendance at teacher's meetings and workshops.
h. Other related activities.


3. DUTIES OF TEACHERS

a. During the term of this Agreement, the teacher shall cooperate, and comply with the instructions, training and supervision of the Academic Supervisor and shall carry out such assignments as directed by the Academic Supervisor. These duties shall include the instructional program, related to the teacher's classroom duties, attendance at scheduled staff meetings and workshops, and any additional duties as assigned by the Academic Supervisor. The Academic Supervisor is responsible for establishing and communicating the Standards of Performance as related to above mentioned duties.

b. The Academic Supervisor shall also assign the teacher some duties such as lesson preparation time for thirty minutes prior to the classes.

c. If the teacher doesn't show up for the class (even with a sudden notice), the owner will judge the situation and the teacher should follow the judgment. The situation might be judged as a sick day or non-sick day.

4. SALARY &OVERTIME

(1) A monthly salary of 2,000,000 (salary will be higher based one your qualification) will be guaranteed for 30 teaching hours per weekly session (one hour is 60 minutes). This salary will be paid on the fifth (5th) day of the following month. Each teaching hour in excess of 120 teaching hours is considered as Overtime. The overtime pay will be 20,000 won per working hour. Attendance at scheduled staff meeting and workshops (which is mandatory-no pay) cannot be considered as overtime. This meeting will be held every Monday one hour prior to the classes.
During the term of this Agreement, the teacher will be required to perform work assigned to him/her by the Employer for 30 classroom hours each week. (Monday to Friday; 6 one-hour classes a day )

5. WORKING HOURS

During the term of this Agreement, the teacher shall be required to work well and closely with the Academic Supervisor each week from Monday to Friday, at the times the Academic Supervisor shall direct. No regular schedule of work hours as requested by the teacher can be guaranteed to the teacher.

6. TAX

Income tax and retirement taxes will be observed from the salary according to the Korean tax law.

7. TRANSPORTATION

The Employer will purchase for the teacher an economy class ticket from the closest international airport of point of hire to Korea. After completing the one-year contract, the teacher will be provided a return ticket. However, when the teacher continues working after the first year contract, the teacher will have an another year contract and the return ticket will be given after the second year contact. In the event that the teacher willfully leaves the school before his/her contract is over, the school will not be responsible for the return ticket. If the teacher willfully leaves the school before six (6) months, the teacher must payback the initial airfare or the school may deduct the amount of airfare from the teacher's payment.

8. PREPARATORY PERIOD

After arrival in Korea, teachers may be allowed a few days for adjustment and school preparation before beginning regular teaching duties. The preparatory period will be spent in the institute preparing for classes and learning the instructional system.

9. MEDICAL INSURANCE

The teacher will be covered by medical benefits under the Korean Medical Insurance Union, a private health organization. The costs of this coverage will be borne half by the Employer and half by the teacher. Payment will be made by deduction from the teacher1s salary, at present 1.7%, and alike amount contributed by the Employer.

10.VACATION &HOLIDAYS

Teachers will observe vacation and holidays as scheduled by the EGY Schedule that is detailed in an yearly calendar provided before the commencement of the year to which the calendar refers. There are at least 7 days vacation on top of the National holidays in each calendar year (January~December). Teachers may take up to three (3) days of sick leave with doctor��s note. Unused sick leave may not be taken as vacation leave.

11. HOUSING

The school shall provide a single furnished living accommodations. Furnishings provided by the Employer include; blanket, pillow, television, toaster, bed kitchen table, chairs, two-burner gas hot plate, refrigerator, wardrobe, telephone, and washing machine. Selection of apartments will be made by the Employer.
The cost of monthly service, utility, and telephone charges for the accommodation provided will be paid by the teacher.
For the last month, the Employer will collect the average cost of monthly service, utility and telephone charges used by the teacher from his last payment.

12. SEVERANCE PAYMENT

Upon completion of the full contract period, the Employee will be given one month salary (2,000,000 Won) in accordance with Korean Labor Laws. This payment will be made at the time of completion of the contract period.

13. DISMISSAL OR VOLUNTARY RESIGNATION

a. The Employer will have the right to dismiss the teacher in case of neglecting his/her duties under this Agreement, including but not limited to, frequent absences from the place of Employment without the approval of the Academic Supervisor, of receiving reprimand letter twice, or manifesting inability to perform the duties stated under this Agreement. Prior to any such dismissal, the teacher will be warned of dissatisfaction with performance and will be afforded at least twenty (20) working days in which to remedy the same. Criminal or other conduct that has been clearly substantiated inside or outside the place of Employment, and that would in the opinion of the Academic Supervisor and the Employer be cause for immediate dismissal will result in dismissal with on warning nor time for remedy being allotted. In addition, it will also cause to be dismissed in that case of seriously jeopardizes any student or staff person, or the reputation of the employer according to the EGY Rule. In any cases of dismissal or voluntary resignation, the employer will not provide a return ticket and will not pay the severance payment. In addition, the teacher who is dismissed before six (6) months must payback the initial airfare or the school may deduct the amount of airfare from the teacher's last payment.

b. Teachers will not be allowed to teach private lessons outside of the place of employment without permission of the Employer. Such action is grounds for immediate dismissal. In this case, the Employer will not pay the teacher return ticket and severance payment.


14. GOVERNING LAW & JURISDICTION

This Agreement will be governed by the appropriate laws of the Republic of Korea.

The following Employment Agreement is made between the following two parties.
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bosintang



Joined: 01 Dec 2003
Location: In the pot with the rest of the mutts

PostPosted: Fri Mar 11, 2005 8:47 am    Post subject: Reply with quote

Looks like a standard contract to me...there's a couple things I'd be leary about though:

1) "b. Curriculum design and implementation."

- Not a show-stopper, but if I were you I'd get a verbal confirmation of what exactly he's going to expect from you in this regard, since it is a new school and who knows what their expectations are.

1) "A monthly salary of 2,000,000 (salary will be higher based one your qualification) will be guaranteed for 30 teaching hours per weekly session (one hour is 60 minutes)."

- In my opinion, this is a show-stopper. I'd have the wording here changed so it's "will be guaranteed for a maximum of thirty 60-minute classes a week." Make it clear that it is 30 classes a week and not 30 hours a week, and that it's a maximum (not a minimum). This is very important, so I would get a verbal confirmation of this as well just so you're clear.

A few other things:
- thirty 60-minute classes is quite a lot, but you probably won't actually work that many in the beginning if it's a start-up school.
- Pre-school to Adults and no set hours in your schedule practically guarantees you are going to end up with some split shifts and a demanding schedule.
- If it's a start-up school, there is very high potential for extreme disorganization; money-hungry, hagwon-dragon-mother pandering management; and most importantly, there is a very high risk of late pays, contract-breakers, and even bankruptcy.

...Not that I think those things should necessarily stop you from signing, however you should be aware of them. If you don't have any teaching experience or back-up money (which honestly, you should have anyways), there is a very real risk you will be taking.
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chronicpride



Joined: 16 Jan 2003

PostPosted: Fri Mar 11, 2005 8:48 am    Post subject: Reply with quote

I think it looks good, John. You couldn't get the extra 3 days of vacation to make it 10?

Just curious on some other matters. You said elsewhere that they are a new school? Does the director have any past experience running schools, or more importantly employing and/or working regularly with a foreigner? Also, how's their enrollment? Did they buy out another school with students or are they starting with lower numbers? New schools can sometimes get to 3-4 months in and the entrepeneurial spirit of your director starts to wane, as they realize that running a hogwan is not a 'build it and they will come' financial model that many Koreans often treat their hyper-optimistic restaurant/PC bang/hogwan business ideas. And then you see how stressful and dicey a situation could become when a new Korean director tries to do crisis and panic management, when things don't go to plan. Sure, you can have a solid contract and have your legal bases covered, but that doesn't remove you from incurring a lot of potential stress and headaches that might come with working with a newb director. Make sure that you qualify this area, if you haven't done so already.
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John Henry



Joined: 24 Sep 2004

PostPosted: Fri Mar 11, 2005 9:04 am    Post subject: Reply with quote

bosintang wrote:
Looks like a standard contract to me...there's a couple things I'd be leary about though:

1) "b. Curriculum design and implementation."

- Not a show-stopper, but if I were you I'd get a verbal confirmation of what exactly he's going to expect from you in this regard, since it is a new school and who knows what their expectations are.

1) "A monthly salary of 2,000,000 (salary will be higher based one your qualification) will be guaranteed for 30 teaching hours per weekly session (one hour is 60 minutes)."

- In my opinion, this is a show-stopper. I'd have the wording here changed so it's "will be guaranteed for a maximum of thirty 60-minute classes a week." Make it clear that it is 30 classes a week and not 30 hours a week, and that it's a maximum (not a minimum). This is very important, so I would get a verbal confirmation of this as well just so you're clear.



A few other things:
- thirty 60-minute classes is quite a lot, but you probably won't actually work that many in the beginning if it's a start-up school.
- Pre-school to Adults and no set hours in your schedule practically guarantees you are going to end up with some split shifts and a demanding schedule.
- If it's a start-up school, there is very high potential for extreme disorganization; money-hungry, hagwon-dragon-mother pandering management; and most importantly, there is a very high risk of late pays, contract-breakers, and even bankruptcy.

...Not that I think those things should necessarily stop you from signing, however you should be aware of them. If you don't have any teaching experience or back-up money (which honestly, you should have anyways), there is a very real risk you will be taking.


Thanks for the info. I have written in the contract that there are six one hour classes. I think the classes are 60 minutes each. We have talked, and he has email to me that classes will be 3-9 However, he doesn't have the classes set up yet, as it is a new school, I'm not there yet, etc. There is no guarantee oin what I would be teaching.

This guy has never run a school before. He has never hired a foreigner that I am aware of. Definately some risk involved, which is why I haven't already signed. They want me to do a visa run tho, so I figure if it is a suck ass job........ya'know?
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chronicpride



Joined: 16 Jan 2003

PostPosted: Fri Mar 11, 2005 9:07 am    Post subject: Reply with quote

How do your other offers measure up to this?
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John Henry



Joined: 24 Sep 2004

PostPosted: Fri Mar 11, 2005 9:30 am    Post subject: Reply with quote

The other one I'm considering is for a larger kiddie hagwan in Ulsan. There are 9 foreign teachers there now. I'd have a studio, and teach six kid classes. This guy told me he needs someone for primarily adults, and he thinks the mix will be 4 adults, two kids. Both places have benefits and drawbacks, and it's been really hard for me to decide.

There's a thread about it at the expat site, in the esl forum. Anyway, the both want to know wtf I'm going to do.
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bosintang



Joined: 01 Dec 2003
Location: In the pot with the rest of the mutts

PostPosted: Fri Mar 11, 2005 9:38 am    Post subject: Reply with quote

Are you already in Korea or already have teaching experience? If it was my first time, I'd personally go for the kiddie hagwon with the nine other teachers without even blinking an eye. With that many teachers it's unlikely there will be financial problems (I can't stress enough how important that can be!).

As well, I can handle a hagwon teaching children or teaching adults, but a small, new school teaching both?! Warning bells go off in my mind when I think that about a new school. It doesn't sound like there's a target audience or specialisation, but rather as CP said, a "build it and they will come" mentality.
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