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TB
Joined: 07 Jan 2006
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Posted: Sun Jan 08, 2006 12:23 pm Post subject: Contract Help Needed (ASAP) |
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Hey all, I've been reading this site for several months and this is my first post. I have a unique situation and would appreciate any advice that you can give me. I'm sure there will be plenty of criticism, which is also welcomed.
I have a friend who is teaching in Seoul at the moment. He loves the school he is at and is quite close with his boss. His boss and his associates own several schools in the area and they want to hire me to work in one of them. Now the contract is quite vague and I wouldn't sign it as it is, but they have bought a ticket for me to fly down there this week. I have talked to this man and he seems like a genuine person and is working hard to help me with any problems or questions I have. My friend also told me that this guy is trustworthy and that I'm not going to get screwed over. I've already decided that I'm going to get on the flight. I figure that I have enough money to stick around and look for another job if this one doesn't work out, and a free flight to Korea will give me the chance to look at the schools firsthand before I make a decision.
In terms of this contract though, what kind of things would need to be clarified and sorted out before I signed? He told me that they would show me my apartment and the school and if I didn't like it, they would try to find me something else. If all looks good though, what should I ask be added to the contract, or clarified? Thanks for any help or suggestions.
One more question. He said that I can start teaching immediately without a E2 Visa as long as we are in the process of getting the paperwork organized before they send me on a visa run. Is this true?
Employment Contract
The following contract is an employment agreement between the Employer:
Employee name : Passport #
Employer name : Title : Director
The contract is made and duly signed by both of the parties, intending to be legally bound, under the terms and conditions as set forth below:
This contract subjects the employer and employee to the following conditions and terms;
1. Validity of Contract
The employee agrees to hire the employee to fulfill the position of English Language Instructor and all duties thereof for the duration of the time from the day the employee starts his/her duties included in the contract or by agreement between the two parties.
2. Period of Employment
The employer will employ the employee during the period;
Employment Term : From: To :
3. Salary and severance pay
A month salary of \ 2,000,000 will be guaranteed for basic 35~40 teaching classes (40~50 minutes lesson) a week. Salaries are paid monthly on the tenth of the month. 3.3% of Korean income taxes from the employee�s gross pay will be withheld.
One month�s salary will be given upon the completion of the contract.
4. Transportation
The employer agrees to provide the employee with a ticket to Korea and the flight back to his or her mother country from the International Airport only on the basis that the employee finishes his or her contract.
5. Class time and days
The employee shall be required to work teaching hours Monday through Friday. While the employer will endeavor to set a regular schedule for the employee, the employer reserves the right to change this schedule at any time without notice so as to fulfill customer needs and staffing requirements.
6. Paid annual leave and Holidays
The employee will receive paid vacation 7 days including Sundays during the contractual period. During the aforementioned holidays, the employee�s basic salary amount is still paid without any deductions.
7. Housing
a. Rent-free Accommodations: the employer will provide the employee with a rent-free studio type of apartment or shared housing with other teachers.
b. Items included with the studio: All the following items are rented, free of charge, to the employee by the employer during the contract period: necessary items for the studio.
c. Utility costs: Utility costs (water, gas, electricity, cable TV monthly service charges, and maintenance fees cost approximately 80,000~120,000 won per month per person on average) of the rent-free accommodations. Cable TV connection with English TV channels can be installed for the employee�s convenience. Internet service is optional and installation must be discussed between the employee(s) and the employer.
8. Duties of the employee
The employee shall cooperate, comply with the instruction, training and cooperation of the director and shall carry out such assignments as directed by the director.
a. EFL(English as a foreign language) instruction in any and all phases of the institutes program to classes that range form preschool and all ages.
b. Curriculum design and implementation.
c. Development of educational program and materials.
d. Out-of-classroom activities for/with students.
e. Student evaluation.
f. Attendance at teacher�s meetings and workshops.
9. Dress code
At all times during the term of this contract, males should wear ties and females should wear dress or dressy pant suits except Saturdays
10. Resignation
The employee agrees to inform the employer at least two months in advance of any significant changes in plans which might have some bearing on the employee�s period of employment and his/her ability to complete the term of employment.
The employee has the right to terminate the contract with a written statement to the employer under the following condition. The Employer has not paid the employee as scheduled.
11. Dismissal
The employer and employee agree that this agreement is fully legal and binding under the law of the Republic of Korea and may be terminated by the employer at any time should one of the conditions arise:
a. The employee or any his/her dependents act in violation of Korea law.
b. The employer discovers that any documents or information provided by the employee regarding his/her credentials or qualifications for employment have been falsified or deliberately fabricated.
c. The employee conducts seriously jeopardizing any student or staff person or has drug, alcoholic problem.
d. The employee�s class enrollment drops below institute�s average enrollment for the three consecutive months.
e. The employee has private lessons even in free time either before or after work.
--------------------------- ------------------------------ 2006 . . 2006. . . |
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Grotto

Joined: 21 Mar 2004
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Posted: Sun Jan 08, 2006 12:57 pm Post subject: |
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3. Salary and severance pay
A month salary of \ 2,000,000 will be guaranteed for basic 35~40 teaching classes (40~50 minutes lesson) a week. Salaries are paid monthly on the tenth of the month. 3.3% of Korean income taxes from the employee�s gross pay will be withheld.
One month�s salary will be given upon the completion of the contract.
No way! 35~40 classes a week is 7+ classes a day...thats a few too many. Allowing for 10 minute breaks in between classes 7x40+70=350 minutes okay its under 6 hours...if they are block scheduled.
But if they are 50 minute classes 50x7+70= 420 =7 hours...it doesnt say anywhere they are blocked. Tax on 2 mil is about 30,000 won....not 3.3 its a sliding scale check tax rate under the FAQ.
4. Transportation
The employer agrees to provide the employee with a ticket to Korea and the flight back to his or her mother country from the International Airport only on the basis that the employee finishes his or her contract.
5. Class time and days
The employee shall be required to work teaching hours Monday through Friday. While the employer will endeavor to set a regular schedule for the employee, the employer reserves the right to change this schedule at any time without notice so as to fulfill customer needs and staffing requirements.
To me this screams out split shifts...I wouldnt take it.
6. Paid annual leave and Holidays
The employee will receive paid vacation 7 days including Sundays during the contractual period. During the aforementioned holidays, the employee�s basic salary amount is still paid without any deductions.
Excuse me did they say including Sundays I wouldnt accept less than 10 days paid holidays not including weekends!
7. Housing
a. Rent-free Accommodations: the employer will provide the employee with a rent-free studio type of apartment or shared housing with other teachers.
Delete the shared accomodations part....unless you are a masochist
b. Items included with the studio: All the following items are rented, free of charge, to the employee by the employer during the contract period: necessary items for the studio.
Its always nice to get a list of things....what they deem necessary and you deem necessary might differ...clarity is good
c. Utility costs: Utility costs (water, gas, electricity, cable TV monthly service charges, and maintenance fees cost approximately 80,000~120,000 won per month per person on average) of the rent-free accommodations. Cable TV connection with English TV channels can be installed for the employee�s convenience. Internet service is optional and installation must be discussed between the employee(s) and the employer.
8. Duties of the employee
The employee shall cooperate, comply with the instruction, training and cooperation of the director and shall carry out such assignments as directed by the director.
a. EFL(English as a foreign language) instruction in any and all phases of the institutes program to classes that range form preschool and all ages.
Ahh preschool......definately split shifts....unless you like little tiny screaming kids..take a pass
b. Curriculum design and implementation.
c. Development of educational program and materials.
d. Out-of-classroom activities for/with students.
e. Student evaluation.
f. Attendance at teacher�s meetings and workshops.
9. Dress code
At all times during the term of this contract, males should wear ties and females should wear dress or dressy pant suits except Saturdays
Wait a minute here...doesnt it claim that work hours are Mon-Fri I guess its generous of them not to tell you what to wear on your days off
10. Resignation
The employee agrees to inform the employer at least two months in advance of any significant changes in plans which might have some bearing on the employee�s period of employment and his/her ability to complete the term of employment.
The employee has the right to terminate the contract with a written statement to the employer under the following condition. The Employer has not paid the employee as scheduled.
30 days notice is plenty. You have the right to terminate the contract for a whole host of reasons...not just if you havent been paid!
11. Dismissal
The employer and employee agree that this agreement is fully legal and binding under the law of the Republic of Korea and may be terminated by the employer at any time should one of the conditions arise:
a. The employee or any his/her dependents act in violation of Korea law.
b. The employer discovers that any documents or information provided by the employee regarding his/her credentials or qualifications for employment have been falsified or deliberately fabricated.
c. The employee conducts seriously jeopardizing any student or staff person or has drug, alcoholic problem.
alcoholic problem... its great that Koreans dont have that problem
d. The employee�s class enrollment drops below institute�s average enrollment for the three consecutive months.
Nope...its not up to the teacher to recruit new students nor should they be held accountable for market fluctuations.
e. The employee has private lessons even in free time either before or after work.
Again....with permission from immigration it is legal....why its in the contract here? who knows
I would refuse it just on the sheer amount of classes they want you to teach. 7-8 classes a day is a recipe for burnout...especially for the low wage.
You would definately be working splits and from the wording Saturdays.
Top it off with all the administration work, evaluations, workshops(unpaid mind you) I wouldnt be surprised if you ended up putting in more than 50 hours a week.
Add in all the other tripe in it I would ask myself a question: Just how good of a friend is this pal of yours?...looks like he is selling you into hogwan slavery. |
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TB
Joined: 07 Jan 2006
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Posted: Sun Jan 08, 2006 1:03 pm Post subject: |
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Hey, thanks a lot for your advice. I had a feeling that things weren't looking good with the contract. I still plan on taking the flight anyways though. I figure that a free flight down there will give me the ability to meet the director myself, see the school, the apartment and hopefully negotiate a better contract.
If this job turns out to be a dud, as it sounds, would it be easy for me to find another job fairly quickly? I have about a month's cash and I would be able to crash at my friends for a bit. How long do you think it would take me? |
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sheba
Joined: 16 May 2005 Location: Here there and everywhere!
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Posted: Sun Jan 08, 2006 2:21 pm Post subject: |
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I agree with Grotto. You should be able to find a job relatively quick, especially if you are in the country because it means you could start immediatly. Definately negotiate the contract before signing ANYTHING.... this contract is crap. The teaching hours and holidays really bugged me.... |
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laogaiguk

Joined: 06 Dec 2005 Location: somewhere in Korea
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Posted: Sun Jan 08, 2006 2:25 pm Post subject: |
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I really don't like that at all. Especially the vacation and working hours. But if you do take that flight (this is considering it is refundable), and don't negotiate something better, and don't reimburse them for the ticket, your friend is probably going to have a very hard time from the boss until the end of time. |
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TB
Joined: 07 Jan 2006
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Posted: Sun Jan 08, 2006 2:46 pm Post subject: |
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Well, Im really hoping that I will be able to negotiate with the director and come up with a better contract. The guy I have been talking to seems quite genuine and has been working hard to answer all my questions. He said that the boss is a reasonable guy and would do his best to fullfill my requests. I hope this can work out, but if not hopefully I'll find something better. It's hard being a first-timer and being at home. I'm not very picky at all, and have done a lot of very difficult work in my time, so as long as I'm getting paid on time I'll be able to survive. After the contract is up I'll hopefully have a much better idea of the job market and requirements and be able to make a better informed decision about my next job. |
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denverdeath
Joined: 21 May 2005 Location: Boo-sahn
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Posted: Sun Jan 08, 2006 3:05 pm Post subject: |
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Quote: |
One more question. He said that I can start teaching immediately without a E2 Visa as long as we are in the process of getting the paperwork organized before they send me on a visa run. Is this true? |
Maybe someone else can verify this, but I don't think you should be working until you get the visa.
Also, if you choose to not go with this company, make sure you get your airfare from your new place up front (one-way) and pay this guy back for paying for your airfare over here. |
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Cheonmunka

Joined: 04 Jun 2004
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Posted: Sun Jan 08, 2006 3:35 pm Post subject: |
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There's no such thing as a "free flight to Korea."
If you get a flight, with the school purchasing your ticket, and then you decide not to take the job, don't expect to walk away clean.
The employer is not purchasing a ticket for you to attend an interview, rather, that is the flight promised in the contract and he is expecting you to begin work. |
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Grotto

Joined: 21 Mar 2004
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Posted: Sun Jan 08, 2006 4:03 pm Post subject: |
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Quote: |
One more question. He said that I can start teaching immediately without a E2 Visa as long as we are in the process of getting the paperwork organized before they send me on a visa run. Is this true? |
No it is not true. If you get caught teaching without the visa in your passport you can be fined and deported.
You would need to do a visa run first. Once the visa run is done then you can legally teach.
No visa....no teacher. If you get caught...its your ass! |
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