Korean Job Discussion Forums

[oldfatfarang]

Any advice would be appreciated.
I am a sole 'Western' Teacher at a small hakwon in Coastal city. I'm renegotiating my next years contract. I want to get MY conditions right before I show it to the school.
NB: I like my school and want to stay _ great adults/businessmen/ and kids. But I'm not going to work for less than other teachers or have poor working conditions anymore.

SALARY:
Current Contract: 1.800,000 (gross - before tax) 27 hours per week. Mon - Frid.
New Contract: I have a verbal agreement for 27 hours at 2.000,000 (2 mil) a month BEFORE tax. Working monday to friday only.
This is about 1.910,00 per pay. Is that OK. ???

TAX:
Current Contract: sais 4.5 % but they have been deducting 5 %.
Director sais he will refund the last .5 % in my final pay.
I see some contracts in seoul offer 3.3 % tax. I heard on TV that Korean Govt has reduced taxes. Any ideas???
New Contract: What rate of tax should I pay???

OVERTIME:
Current Contract is 16,000 per hour (on 1,800.000).
What's the rate for overtime on 2 mill (gross - before tax) per pay???.
I need to know the percentage eg., 3.3 %, 4.5 %, 5% ??

UNUSED VACATION DAYS:
What's the daily rate for unused vacation days on 1.8 million (gross - before tax??) and 2 million (gross before tax). Working monday to friday.
I havent got a clue how to work this out.

VACATION
Current Contract: states '2 weeks paid vacation" But my school has only given me 3 days (Wed/thurs/frid) for summer vacation. I've worked nearly 10 months now.

New Contract: I want to stipulate 2 X five day vacations (summer and winter) in new contract. Is this feasible??
What sort of advance notice should they give me of holidays. I didn't have time to book airflights or get visas last time so spend my 3 days holiday in my apartment. I'm still fuming.

TERMINATION NOTICE
Currentl Contract: a minimum of 2 months notice.
New Contract: I want to change this to 1 month notice so I can apply for other school/uni jobs. Is this reasonable??

WORKING HOURS
Current Contract: I teach one or two classes till 10 or 10.30pm on regular basis (and it's killing me).
New Contract: I want to stipulate "no classes after 10pm" and change contract to read: "late classes (after 9.30pm) are to be negotiated with the Emloyee/teacher. Is this unreasonable??
I usually start at 4pm but they change this some months to 1.30pm or 2pm.

SICK DAYS
Current Contract: requires medical cert BEFORE i'm supposed to start class.
New Contract: I want to delete this clause as I always turn up (even when I'm sick) and I can't speak Korean so couldn't get a doctor in a hurry anyway.

LEGAL PROBLEMS
Current Contract: Has an unenforceable clause about prosecuting 'run way' teachers in other countries.
Is it worth deleting this type of rubbish??

Any advice would be appreciated. I'll post my contract when your suggestions are included.

[crazylemongirl]

Airfare.

Severance - make sure you get paid out for your current contract now. Don't let severance accumlate esp. in a hogwon.

[chiaa]

I would just go work someplace else and shoot for a higher salary.

[prairieboy]

The notes that CLG has pointed out are worth mentioning. Will you get your airfare at the end of you second contract?

Definately get your severance now or next year will be around a 4 million won hit for the hagwon and they may be very hesitant to pay it out.

Other comments:

Salary seems reasonable. 2 mill a month for being outside of a main center like Seoul.

[oldfatfarang]

Thanks for the tips. Great advice.
I am still unsure about the airfare. Is this paid for EACH contract period. ie, if I work for 2 years do I get 2 return airfares??? (1 for each year).
I will definately get my severance and airfare paid at the end of this contract.

Is it worth putting in a clause to get my new contract bonus and airfare paid on pro-rata basis for some circumstances (eg, school closes, school changes owners etc)?????

[oldfatfarang]

I'm surprised about it being illegal for hagwons to have classes after 10pm.
My director and teacher wife work classes until 1am 6 days a week.
I think that's quite common in schools specializing in high school students.

Can anyone give advice on this as I sure would like to stop working past 10pm.

If it is illegal to work past 10pm then it could be worth me putting in a clause saying stating: "No work past 10pm and school is not to ask Employee to violate Korean law."
(They have already asked me many times to teach at their friends Hagwon to make up some hours) and finally stopped asking when I got snappy and asked them if they wanted me to be deported.

[prairieboy]

I'm glad you liked my advice. Remember, it's just advice and may be good or may be bad (hopefully not).

On the airfare, don't count on getting a second paid round-trip. That's extra cost for the hagwon and you're already here. Maybe what you can do is get the return airfare paid out in cash and then just bank that separately, but asking for airfare on the second contract not likely to happen.

In Seoul, it is illegal for institutes to offer classes after 10pm. That said, it does happen in established hagwons and with private lessons. Sometimes there are busts and sometimes not. I can't see this law being different there because it comes from the Ministry of Education. Contact someone at the local Ministry of Education/Education board in your area and get the real information you need instead of my guess.

If they are asking you to do things that are illegal and you've basically told them it's illegal and they have stopped then great. Likely you won't have any other problems concerning this and I wouldn't bother with asking for a clause that says you don't trust your employer enough not to ask you to do something illegal.

If the owner changes then your contract is simply void as your visa is void. You are not obligated to stay with a new owner of your school if it is sold. You may choose to sign a new contract with the new owner, which would probably also require you to make a visa run to Japan.

This doesn't need to be put in the contract again because in immigration's view, you have no visa and must either leave the country or find a new visa sponsor/job and get a new visa.


If the school closes, what can you do?...not much, just get a reference, collect your final pay, pro-rated severance, etc. and start looking for a new place.

Pro-rata severance on the second contract may be a good idea to include in the body of the contract. However, the labour board should back you up on this as you have worked for more than one year for the same employer even if it was not included in the contract.

Short form advice, get the information from the relevant legal bodies (immigration, ministry of education, ministry of labour, national tax services, national pension corporation, national health insurance corporation) concerning the situations you have questions about so that you have something to show in the event something does happen that is not legal.

The thing to keep in mind when negotiating a second contract is, if it's not worth fighting for then don't. Does this clause make or break the contract? No. Then drop the issue. Is it a big deal? Yes. Make the argument why it should be included. Try to use numbers (amount of won saved by the hagwon) to make your argument as hagwon owners in particular want to see a monetary benefit to themselves.

Hope that helps out.

Cheers

PS. I notice you did not make any mention of Pension or Health insurance in your original post. Is it a non-issue?

[sheba]

Yep that pretty much sums it up nicely.... try not to be too picky or they may just look for someone else.

As for the vacation, I am the only foreign teacher here at a small school and my contract states 2 weeks (I wouldnt apply for anything less) and I talked to my boss half way through my contract, and he's agreed to give me an extra week.

If you want to work another year there then it must be a decent school which sounds pretty hard to come by. By all means, discuss the changes, but if you play nice it may turn out a whole lot better!

[ontheway]

As far as the 10pm closing time being legally required. This is not necessarily true. There are numerous different kinds of hogwans and schools in the Korean law. Some can teach on Saturday, some cannot. Some have hours restrictions, some do not. It depends on how your wonjangnim registered your hogwan, that is, what kind of hogwan is it?

Many posters will advise you to rely on the law. Don't. Koreans often don't follow laws for many reasons. In some cases, government officials tell business owners NOT to follow a law, because they (the officials) want to get it changed. And non-compliance is a good argument for change!

So, whatever is important to you, get it in the contract. But, since you have a good relationship going, TALKING about it first and coming to an understanding is the most important thing to do.

[ontheway]

Now some more specific advice:

The 2 million per month is good.

Ask for 20,000 won per hour for overtime.

Ask for 100,000 won per day for unused vacation. And set a date for when that will be paid for the first year, and another for the second year.
(That's 2,000,000 per month/20 teaching days.) You probably have to settle for 90,000/day for the first year.

Make sure your new contract includes a payment date for your 1st year's bonus/severance of 1,800,000. This should come no later than your regular pay for your last month under the old contract. Make sure you include your second year severance and payment date as well.

Try to get a cash bonus instead of airfare. Ask for a little less than your first year round trip cost. Make it a round number.

Remind them that you are staying, you are a good teacher, and they will have no recruiter fee.

Forget the stuff about sick days, 10 o'clock closing time, 2 month notice to resign, and running.

Taxes. They might not be paying anything to the goverment. You won't get any refund, so ask them to reduce it to 3 or 3.5%. Look up the actual tax on the web and SHOW them. They'll probably refund 1.5 -2.0 % and lower your rate. If not, then you can file for the refund.

Stay calm. Have fun. It's only money. Good luck.

[oldfatfarang]

Thanks for fantastic advice!
I didn't mention pension or medical insurance.
I got a letter from National Pension Office asking for contributions in my 3rd month. I ignored it and they haven't chased me. If they make me pay pension then I'll leave the school. THe wages just aren't high enough to pay for a pension I'll never use in Korea.

Similarly, I don't have health insurance. I've travelled successfully for 10 years and lived and adventured in 41 countries. I have an adventure business at home and I don't even bother with the high insurance costs there. My experience with any form of insurance is that they just don't pay out. Live well, live safely, the rest is not under our control.

Attendance and teaching hours;
I'd appreciate your advice on these clauses I want inserted in new contract. I'm basically working these hours now - but in the past I have had to work past 10pm on regular basis and I had to ask the school for a 30 min break because they wanted me to teach for 6 straight hours with only 10 mins between classes. These 10 min breaks are rubbish because students always want to keep talking - need photocopying, I need the toilet etc. It's just a blur.

I'd appreciate it if you could clarify my clumsy wording.

ATTENDANCE
Employee will attend the Institue for a maximum of eight ( hours per day (monday to friday). Final class will finish no later than ten (10) pm (monday to thursday) and nine (9) pm (on friday).

Employee will not work split shifts or on saturday or sunday (weekends).

CLASS/TEACHING HOURS

(a) Classes will be scheduled between 2pm and 10pm (monday to thursday) and 2pm to 9pm (on friday).

(b) 'Late' Classes (starting after 9pm) will finish no later than ten (10)pm.

(c) Employee will be paid the full overtime rate (20,000 won) per class
for teaching any class outside the hours stated above in (a).

Employee will teach a maximum of six (6) classes per day.

Employee is to take a rest break (minimum of 30 minutes) after teaching five (5) classes in a row.

NOTICE OF VACATION
To assist Employee in arranging holiday/vacation visas/travel the Employer is to :
(a) provide Employee with a list of annual Korean National Holidays when the school will be closed.
(b) give the Employee a minimum of six (6) weeks notice of school closure for vacation breaks.

KOREAN NATIONAL HOLIDAYS
Korean national holidays are not to be deducted from Employee's ten (10) paid annual vacation days.

CONTRACT TERMINATION
If for any reason Employer terminates Employee's employment during contract period the Employer is to pay Employee: (a) severance pay and (b) airfare and (c) untaken annual vacation days on a pro-rata basis.

Is it worth asking for a reference/release letter clause????

[oldfatfarang]

I've tried accessing the korean tax office info but cant get it to work. when I click on check you monthly ... etc I get a pop up box in Korea which I cant read. Can anyone help me ????? I'd like to print out the tables and show them to my boss.

I need the deductions for 1.800,000 and 2.000,000
Thanks

http://www.nts.go.kr/eng/default.html

Click on "Check your monthly withholding tax" under the heading "Tax Guide"

[sheba]

Most of what you've suggested is reasonable... except...

'Contract Termination' clause is asking too much... or it should at least be changed. (For example) You turn up to work drunk and assult a student so you get fired, but they still have to pay your severance, airfare and holiday pay???

Also Vacation time.... often the hagwon vacations are based on the public school vacations, which sometimes arent decided until a few weeks beforehand - and even then the hagwons arent always notified right away. Its stupid I know, but its not always the hagwons fault.

Also keep in mind that the hagwon whould be focussed around the needs of the students, not the teachers.....(or the boss for that matter).

If this school has been good, why are you ripping their contract to shreds? I mean fair enough making some changes but I think you are being a bit picky in some instances....

But thats just my opinion.

[ontheway]

Sheba gives some good advice.

For national Korean holidays, get a Korean calendar. They're all listed.

That tax website worked for me just now: 19,960 and 28,950 for 1.8 and 2.0 million won/ month, respectively.

When you do it to print, be sure to enter the amount in thousands:
1800 (thousands), 2000 (thousands).

[kprrok]

in regards to your severance, if you get it paid now, at your 1.8 salary, but get a raise for year 2, you'll lose out on 200.000 won. Your severance is the average of your last three months, so you'd get 4.000.000 instead of 3.800.000. Also, if you take it now, then have to leave halfway through or something because of an emergency, you'll get nothing. But if you let it wait until you finish, you'll get it prorated (ie. leave after 6 months, on good terms obviously, you'd get 3.000.000 instead of 1.800.000 for the first year and notta for the 2nd).

Of course, if you want the cash now, take it now. Or if you think your boss might stick it to ya, take it now.

KPRROK