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Contract Help!

 
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mooncalf



Joined: 30 Jan 2006

PostPosted: Tue Feb 07, 2006 12:40 pm    Post subject: Contract Help! Reply with quote

Keep in mind: I'm a newbie looking for my first job in Korea!

A few days ago, I received a job offer from a private school in Seoul. After looking over the contract, I noticed some of the typical "deal breakers" mentioned on this forum:

-housing deposit
-recruiter fee reimbursement (if fired before 6 months)
-undefined hours and pay for "summer / winter intensives"
-no sick leave

Other than these things, the contract looked great:

-defined block shifts (2pm to 10pm)
-no weekends
-volunteer overtime only, paid at 120%
-2.0 mil won
-single apartment

In any event, I modified the contract and sent it back to the school. The next thing I know, I get an email from my recruiter that says I am no longer being offered the position.

Can anyone offer insight into why?

I wrote the school in search of an explanation, so I'll give you all updates as the situation unfolds . . .

Thanks!
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daniellelievre



Joined: 27 Jan 2006

PostPosted: Tue Feb 07, 2006 1:11 pm    Post subject: Reply with quote

I am also a newbie but have had this sort of thing happen and what is more than likely happening is they have another teacher (a dumb one) who is ready to sign the contract without modifying it. I've had a couple of contracts retracted because "we have another teacher willing to take this position". Sure, they might be bluffing, but who cares, they're not good employers if they aren't willing to work out things like you mentioned.
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Big Mac



Joined: 17 Sep 2005

PostPosted: Tue Feb 07, 2006 1:42 pm    Post subject: Reply with quote

You're too smart for them, that's why. If it's a school that knows it is doing things wrong, then they want a teacher who is naive and won't ask questions. You asked too many questions. You're not naive enough. Look at it as a good thing...you've weeded out a bad weed.

The things you mentioned aren't necessarily deal breakers though. Someone like Grotto will tell you to just say no to deposits, and I see his point. But I think it is a reasonable request for a school to ask for one...many have been burned by midnight runners. If you agree to it, and if there is a provision saying that it will be returned immediately upon completing your contract, I see nothing wrong with it. I agreed to a deposit and got it back at the end. It's highly unusual to see a contract without such a provision.

I do agree that you shouldn't have to refund recruiters fees though...but I think it is reasonable that they ask that you pay them back airfare if you leave willingly before six months are up.

I think bigger red flags are inflated tax rates, no offer of medical insurance and no mention of pension.
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mooncalf



Joined: 30 Jan 2006

PostPosted: Tue Feb 07, 2006 4:51 pm    Post subject: Update! Reply with quote

Well everyone . . . here's an update!

The school never replied to my email, but my recruiter informed me how contract negotiations are viewed in South Korea. Here's what he said:

1. Schools are offended. If a teacher doesn't like the contract, why would he or she apply for the job in the first place?

2. Schools think the teacher is a trouble-maker. They want someone flexible and easy-going. Many foreign teachers have trouble adjusting to Korean values. If a teacher has too many questions about the contract, he or she may be difficult to deal with in the workplace.

3. Schools use a set contract for everyone. As a result, they don't like to make changes.

Any thoughts?
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Big Mac



Joined: 17 Sep 2005

PostPosted: Tue Feb 07, 2006 5:07 pm    Post subject: Re: Update! Reply with quote

mooncalf wrote:
Well everyone . . . here's an update!

The school never replied to my email, but my recruiter informed me how contract negotiations are viewed in South Korea. Here's what he said:

1. Schools are offended. If a teacher doesn't like the contract, why would he or she apply for the job in the first place?

2. Schools think the teacher is a trouble-maker. They want someone flexible and easy-going. Many foreign teachers have trouble adjusting to Korean values. If a teacher has too many questions about the contract, he or she may be difficult to deal with in the workplace.

3. Schools use a set contract for everyone. As a result, they don't like to make changes.

Any thoughts?


1/ Schools are offended: Well too bad. You should explain to them that you are offended to be offered a crappy contract. Really, if an employer offered me a contract saying they were going to deduct 8 per cent tax or something like that I would view that as an insult to my intelligence. Any school that won't make changes to satisfy you isn't worth working for.

2/ Schools think the teacher is a trouble maker: Well, that is a reasonable thing for a school to worry about if they are underhanded. If they are above-board then they shouldn't have to worry about it. A school that wants to take advantange of an employee is looking for a naive one, like I said before.

3/ They make a set contract for everyone: That's a load of crap. I think to have a fair contract both sides should be able to negotiate. Do you think big business deals are closed with no negotiation? Why should this be any different?

My advice to you: find a better recruiter!!
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peppermint



Joined: 13 May 2003
Location: traversing the minefields of caddishness.

PostPosted: Tue Feb 07, 2006 5:18 pm    Post subject: Re: Update! Reply with quote

mooncalf wrote:
Well everyone . . . here's an update!

The school never replied to my email, but my recruiter informed me how contract negotiations are viewed in South Korea. Here's what he said:

1. Schools are offended. If a teacher doesn't like the contract, why would he or she apply for the job in the first place?

2. Schools think the teacher is a trouble-maker. They want someone flexible and easy-going. Many foreign teachers have trouble adjusting to Korean values. If a teacher has too many questions about the contract, he or she may be difficult to deal with in the workplace.

3. Schools use a set contract for everyone. As a result, they don't like to make changes.

Any thoughts?


1. They could be offended, but if it's handled with some tact, they shouldn't be.

2. There are people here who will complain about every little thing, and you came off as one of them. Those things you referred to as red flags, really shouldn't be. The only one worth raising trouble over would've been the recruiter fee repayment.

3. Schools do like to have a set contract for new teachers, keeps things simple. If you're a good teacher, and you renew, then you'll have proven that you're worth a better contract.


This is my main beef with Grotto's contract critiques. He tells people what the ideal contract should look like, instead of what's reasonable
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mooncalf



Joined: 30 Jan 2006

PostPosted: Tue Feb 07, 2006 5:31 pm    Post subject: Reply with quote

So peppermint . . . two questions:

1) What are the reasonable bare minimums for a newbie contract?

2) Any advice on how to bring up contract changes in a tactful manner?

Others feel free to answer!
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peppermint



Joined: 13 May 2003
Location: traversing the minefields of caddishness.

PostPosted: Tue Feb 07, 2006 5:59 pm    Post subject: Reply with quote

2.0/month, single housing, no weekends, volunteer overtime only, medical and pension split 50/50. 10 days vacation is good but it will probably be a week in summer and one in winter, when all the Koreans take their holidays too.

block shifts aren't the end of the world, either is a housing deposit ( though anything over 300,000 is a bit much) No mention of sick leave doesn't mean there isn't any- it's a question to ask the current teachers about. Don't expect defined hours for things like intensives- it's hard to plan that stuff until they happen.

Negotiating with Koreans can be picky, and in this case it might've been handled badly by the recruiter. If there's a clause in there you don't like, suggest an alternative that would be acceptable for both parties.

housing deposits- suggest either a lower amount, getting the bills set up for withdrawal from your bank account ( good if you're staying in country but at another school) or finding a guarantor that's acceptable to the school.

vacation time- there's really little room to move on this at most schools, but ask for a month or so's notice so you can plan your vacation at least.


you get the idea?
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Big Mac



Joined: 17 Sep 2005

PostPosted: Tue Feb 07, 2006 6:15 pm    Post subject: Reply with quote

mooncalf wrote:
So peppermint . . . two questions:

1) What are the reasonable bare minimums for a newbie contract?

2) Any advice on how to bring up contract changes in a tactful manner?

Others feel free to answer!


I think Peppermint is right. You have to use common sense and be reasonable. From the details you provided, I would have asked to have the recruiter fee refund clause removed and I would have asked for at least two sick days to be added to the contract. Those aren't big deals, and I'm sure any good employer wouldn't have argued too much about them.

You're never going to get a contract that will stand up in utopia. But by tactfully negotiating with your employer, you should be able to come up with something you both can live with. Make compromises...unless it is something that is clearly illegal.
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chessmaster9000



Joined: 31 Jan 2006

PostPosted: Tue Feb 07, 2006 6:36 pm    Post subject: Re: Contract Help! Reply with quote

mooncalf wrote:
Keep in mind: I'm a newbie looking for my first job in Korea!

A few days ago, I received a job offer from a private school in Seoul. After looking over the contract, I noticed some of the typical "deal breakers" mentioned on this forum:

-housing deposit

*****They will not even give it back to you. So go tell them to kiss your "rear-end." This is a very deceptive practice.

-recruiter fee reimbursement (if fired before 6 months)

*****This stinks like dog sh***. Some employers are notorious for violating Korean Labor Laws by letting go of employees for unjust reasons at the 6th month mark. Deceptive practice so they can make more money.

-undefined hours and pay for "summer / winter intensives"

*****I had my schedule set in stone on my contract. Having a set schedule equals a piece of mind. Having a schedule that employer changes whenever equals a year of pain. It's priceless! If you accept this contract without the establish pay for summer/winter intensive, then you might get paid lowsy. I'm sure that's not what you want.

*****Your being set up for early dismissal, and a whole slew of problems with this undefined pay clause.

no sick leave

*****All contracts have atleast 3 sick days



Other than these things, the contract looked great:

-defined block shifts (2pm to 10pm)
-no weekends
-volunteer overtime only, paid at 120%
-2.0 mil won
-single apartment

In any event, I modified the contract and sent it back to the school. The next thing I know, I get an email from my recruiter that says I am no longer being offered the position.

Can anyone offer insight into why?

*****They don't want you anymore because you have caught on to their deceptive schemes. In my opinion move on to another school. There are other ones out there. You can go to www.esl-law.com which may be a good starting resource. There are some big-time red flags, and I would seriously advise you to move on to another school.


I wrote the school in search of an explanation, so I'll give you all updates as the situation unfolds . . .

Thanks!
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