|
Korean Job Discussion Forums "The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
|
View previous topic :: View next topic |
Author |
Message |
cwaddell
Joined: 23 Jan 2006
|
Posted: Thu Feb 09, 2006 1:20 am Post subject: What do you think of this contract? |
|
|
Hey, this is the first contract I've asked for advice on. This is my first time going across to teach, and I have no experience, so I am not expecting an amazing contract by any stretch. Thanks for any advice you can give me, and, of course, I will also be talking (and emailing) the 3 foreign teachers at the school........
TERMS AND CONDITIONS
1. The Responsibilities of the Instructor:
(1) The Instructor is to provide quality education of his/her specialized language by offering the students with his/her expertise and competence. In order to carry this out, the instructor must develop his/her effective teaching methods under the guidance of the Director, manage the students assigned to his/her course of instruction, and make the utmost efforts to maintain positive rapport between School and the students.
(2) The Instructor is to follow School��s decision on the number of hours to teach per month, class schedule, classrooms, and the course of instruction. The Instructor is also required to attend various meetings, seminars, and other events scheduled by School.
(3) The Instructor is to be present at School before the scheduled class hours (working hours) to teach and prepare for language training materials related to the instruction. The instructor must be in his/her classroom 5 minutes before the class-hour.
(4) The Instructor is responsible for preparing teaching materials, using the syllabus and supplementary materials approved by School. In addition, the Instructor is to participate in the activities directly related to teaching such as picnics, field trips and level testing as scheduled by the school.
(5) The Instructor is responsible for grading and evaluation of students at the end of each term.
2. Place of Employment:
The Instructor will work for the School at the following address:
3. The period of Employment and Limitation:
Pending the issuance of and E-2 visa from Korean Immigration, the Instructor will work for the School for a period not exceeding one year in accordance with the E2 visa.
(1) The period of employment under this contract is from ________________ to ___________________, beginning and ending in the Republic of Korea.
(2) The Instructor shall not teach at any other language institute, or be engaged in any other form of employment except with a) written approval from the Korean Immigration and b) approval from School. When the Instructor is found to be in violation, School may terminate this contract with the Instructor regardless of the period of employment stated above.
4. Assigned Course and Salary:
(1) Assigned Course: English
(2) Monthly Salary: 2,000,000 won
(3) Number of Class-hours: 30 teaching hours per a week
(4) The School guarantees the Instructor the monthly salary as stated above, and the Instructor agrees to be available to teach all class hours offered by School. If the Instructor cannot teach the required class hours due to his/her unavailability, the monthly salary guarantee will not apply, and it may be cause for termination of the contract.
(5) Overtime over and above the required 30 hours per week will be paid at 18,000 won per hour. Only teaching hours in excess of 30 hours per a week and only those approved by the Academic Supervisor / Director are considered as overtime. Overtime will not include workshops, teachers training sessions or any other events scheduled by the School as stated in Article 1 (2).
5. The Payment of Salary:
(1) The initial pay scale of the Instructor is decided by School on the basis of the Instructor��s educational background and experience.
(2) The Instructor is paid on the 5th of each and every month without delay. When the payday coincides with a national holiday, the payment will be made on the first working day after the 5th.
(3) If the Instructor leaves the School and is subsequently rehired at a later date, the Instructor will be able to retain his/her pay-scale grade at the time of leaving if he/she had taught full-time at School for a minimum of 12 consecutive months.
(4) Income taxes will be deducted in accordance with Korean Tax Laws.
(5) If the Instructor is absent from his/her class without a notice, 1.5 times of the class hour payment is deducted.
6. Severance Pay
Upon completion of this contract, the Instructor will receive one month��s salary as a severance pay, calculated in accordance with Korean Labor Laws. If the Instructor has worked more than a year, the severance pay is calculated as the month��s salary times the number of years of employment. If the instructor terminates the contract prematurely, no severance benefits will apply.
7. Orientation and Training:
Shortly after arrival in Korea, Instructor will be required to undertake orientation and training before commencing to teach. The period of training and orientation will usually be two to four days.
8. Transportation:
(1) Round trip economy airfare is provided with the one-year contract from the Instructor��s nearest airport to the international airport in Korea and transportation from the airport to the Instructor��s residence in Korea. Upon completion of this contract, the Instructor will be provided with a return ticket.
(2) If the Instructor leaves the School before his/her contract period ends, the School will not pay for his/her return ticket.
(3) If the Instructor leaves the school prior to completing six (6) months period of this contract for any reason, the Instructor must reimburse the School the cost of the ticket paid by the School or the School may deduct the equivalent amount from the Instructor��s last month��s pay.
9. Health Insurance and Pension Plan:
(1) The Instructor will be automatically subscribed to National Health Insurance, and be bound by the domestic Medical Insurance Laws. The cost of this coverage will be borne half by School and half by the Instructor. Instructor��s share of this coverage will be deducted from Instructor��s salary, monthly.
(2) The Instructor will be joined in the National Pension Plan automatically, and be bound by the National Pension Management Laws.
10. Housing
The School will provide basic furnishings, and the Instructor is responsible for payment of monthly utilities.
(1) The Instructor may choose one of the two options as stated below:
The School provides a shared housing, or a single accommodation.
(2) Instructor is responsible for all maintenance, utility and telephone charges for accommodation provided by employer. In the case that an Instructor is the sole occupant of a double occupancy accommodation, provided by school, he/she will be responsible for all the above mentioned expenses.
(3) Instructor agrees to a deduction of 200,000 Won per month from the first two months of employment totaling 400,000 Won as housing management deposit. This deposit is to cover any unpaid monthly service, utility, and telephone charges at the completion of this contract and/or resignation or dismissal of the Instructor before the termination of this contract. Instructor agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.
11. Termination of the Contract:
(1) The School does not notify the Instructor of a renewal of the contract two months prior to the end of the employment period as stated in 3(1), this contract is automatically terminated when the contract period ends.
(2) The Instructor notifies the School in writing to terminate the contract before the contract period ends with such intention two months prior to the date of termination.
(3) The Instructor cannot fulfill the terms and conditions of the contract due to his/her own personal reasons.
(4) The Instructor is absent from classes three or more times or late for class five or more times, without a prior notice, such absence or tardiness may be cause for early termination of the contract.
(5) When the contract is terminated due to the conditions described in items (2), (3), and (4), School reserves the right to terminate the contract and to take necessary legal action for any damages incurred due to early termination of the contract. In addition, School is not responsible for severance pay. If the Instructor is a foreign citizenship holder, School will notify the Ministry of Justice the termination of employment and the sponsorship for the working visa.
(6) School reserves the right to revoke this contract if the Instructor is found to be in breach of the contract.
(7) The School notifies the Instructor in writing to terminate the contract before the contract period ends with nonfulfillment of Instructor��s duties and instructions (Appendix) immediately.
12. Sick Leaves
Instructor is entitled to 2 paid sick days. Instructor will submit doctor��s letter or prescription to School. Unused sick leave can not be taken as vacation days.
13. Handling Policy of No-Class Due To the Instructor��s Absence
When the Instructor misses his/her classes because of unexpected illness, accidents, or other unavoidable reasons during the period of contract, he/she must notify School in writing within 2 days. A missed class without a proper notification will be considered as an absence. The Article 5 (5) and the Article 11 (4) will be applied in this case.
14. Holidays and Vacation
The Instructor will receive 2-week (10 working days) paid vacation a year and all national holidays are observed and paid. All Korean national holidays and those days designated by School are construed as non-working days.
15. Visa
The School will provide all the necessary documents and sponsorship to obtain a proper working visa issuance paper for the Instructor with a foreign citizenship. The Instructor is responsible for obtaining the visa prior to the beginning of contract period.
16. The Appendix and the Compliance Responsibility
The Instructor must comply with the instructions and duties in the Appendix, which is an adjunct to this contract. The Instructor should make every effort to improve his/her teaching skills in language training and maintain a standard of Korean school teachers. In the event the Instructor damages the reputation of the School because of a gross misconduct or any violation of Korean Laws, he/she will be deprived of the qualification of an Instructor. Any misconduct or violation of Korean Laws shall be grounds for early termination of this contract.
17. The Validity of the Contract
Both School and the Instructor have read and understood all the terms and conditions of this contract which binds upon all parties. School and the Instructor have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, School and the Instructor have appended their signatures.
Principal Instructor
KIDSCLUB Fun Language School
Date Date
Appendix
1. INSTRUCTOR��S RESPONSIBILITIES:
The Instructor��s responsibilities include the following:
a. Teach the assigned classes
b. Follow the advice and direction of the Principal and Academic Director
c. Develop supplemental materials as necessary
d. Instructors must be prepared prior to class time
e. Assigned classes may and can be changed without a notice, also should follow the direction. The Employee is required to teach all classes.
f. Attendance at instructors meetings, workshops, and parents meetings is obligatory.
g. Attend workshops as scheduled in the annual calendar. Some workshops may fall on a Saturday.
h. Attend the annual events and excursion. These will be on a Sunday.
i. Participate other teaching related duties as assigned.
j. The preparation time, students�� evaluation and staff meetings are not considered as teaching time. Teaching time is considered to be time spent instructing in the classroom.
k. The School will have four times workshop during the year contract and will be held on Saturday or Sunday. Please note these workshops. Mini Drama contest and playing and Summer Camp are considered as part of the teacher��s monthly salary and the teacher doesn��t receive and extra pay for these events and workshops.
l. The Instructors as teacher should keep his/her students�� records such as attendance, evaluation, test forms, test results, conference meeting records, ESL classes�� program or supplements etc..
2. CONDUCT:
a. Appearance: Modest, professional attire and hairstyles must be maintained, and garish fads must be avoided. Appropriate footwear must be worn.
b. Alcohol and Drugs: The School disapproves of the use or possession of illegal narcotics or dangerous drugs at any time. In addition, the School forbids the consumption of intoxicating beverages, as they have an adverse effect on classroom teaching. It is the official policy that no alcohol be used in any manner wihin the School.
c. Sexual Behavior: Any sexual harassment of students, faculty, staff or overt homosexual behavior may be grounds for immediate dismissal.
3. EVALUATION OF INSTRUCTORS:
The School��s primary goal is to provide a sound language training program in the English language for all students who attend. Thus, it is the responsibility of the School to provide a place where instructors can carry out this task competently. To enhance the quality of instruction, the School provides lesson materials and library resources for the benefit of the instructors and the students.
The School provides the overall structure of the language program. Within this structure, creativity and experimentation are both permitted and encouraged. The School assumes that instructors are here because they like to teach and want to teach well. Therefore, evaluation of the instructor must have a positive and confirmatory role rather than a negative one.
Purposes of Evaluation
To improve instruction.
To provide a positive learning experience for the student and the Instructor.
To encourage Instructor experimentation and creativity in the learning process.
To provide a means through which the evaluator and Instructor will cooperatively identify Instructor��s strengths and overcome weaknesses.
In addition, Instructor evaluation information may be used by the administration to make recommendations concerning the continued employment, the granting of continuing a contract, and the determination of a change in status.
A Guideline for Instructor Evaluation
There will be four instruments for formal evaluations: a self-evaluation, a class observation, the students�� evaluation (a survey form filled out by students), and the evaluation by the Director. A formal evaluation is done once a year. Even though class observation seems needlessly intrusive to the classroom, and though some might think it adversely affects the behavior of the class, it is still the only direct method of gathering information about classroom behavior. Further, it is probably the only way in which an instructor can be defended from the criticisms (found or unfound) of students.
4. DISMISSALS OR VOLUNTARY RESIGNATION:
The School reserves the right to dismiss the Instructor for the following reasons.
a. Neglect of the duties stipulated in this agreement
b. Frequent absences from work
c. Has received three warning letters
(Warning Letter Conditions)
A warning letter can be issued for any of the following.
Verbal abuse towards children or staff members.
Physical misconduct directed towards children or staff members.
Unexplained absences from work.
Arriving late without notice or reason.
Breaking any or the stipulations agreed to by School and Instructor in the signed contract.
d. The inability to perform the duties stipulated in this agreement.
e. The Instructor engages in criminal conduct or in misconduct. |
|
Back to top |
|
 |
peppermint

Joined: 13 May 2003 Location: traversing the minefields of caddishness.
|
Posted: Thu Feb 09, 2006 1:46 am Post subject: |
|
|
Mostly solid though:
- how long is a teaching hour? 40 minutes? 50?
- how often does the school have seminars for teachers and/ or extra activities for students?
Ask the teachers if there have been any problems getting deposits refunded ( they might know what happened after other teachers left) and how strict the school is on the sick day policy. ( it sounds somewhat fair to me, just make sure you call the right person if you do get sick)
Definitely ask about clause 11-5. If they've ever actualy taken legal action over someone leaving early, then it's a huge red flag. Sounds like an empty threat to me though. |
|
Back to top |
|
 |
Son Deureo!
Joined: 30 Apr 2003
|
Posted: Thu Feb 09, 2006 6:20 am Post subject: |
|
|
In case you haven't heard, these are my criteria for what a newbie should look for in a kiddie hogwon as a BARE MINIMUM for conditions:
2.0 million for 120 teaching hours/mo
free non-shared apartment
roundtrip airfare from and to the nearest international airport to your home
block shift (no more than 8 hours between your daily start and finish time, get that in writing)
health insurance, 50% of premium paid by you, 50% by employer
Monday-Friday schedule, NO SATURDAYS
2 weeks vacation
all national holidays off (no need to make them up)
any overtime is optional, paid at the rate of 120% of your standard hourly pay
This contract fulfills most of these, but the overtime pay is light (should be at least 20,000/hr to be legal), and it does not appear to be optional.
Also, they give you no guarantee of a block shift. Don't ever sign a contract without a guaranteed start and finish time.
There are a few special red flags in this contract, some of which I have never seen before.
Quote: |
(5) If the Instructor is absent from his/her class without a notice, 1.5 times of the class hour payment is deducted. |
I kinda doubt this is legal, and even if it is, it seems like an excessive punitive measure.
Quote: |
g. Attend workshops as scheduled in the annual calendar. Some workshops may fall on a Saturday.
h. Attend the annual events and excursion. These will be on a Sunday.
k. The School will have four times workshop during the year contract and will be held on Saturday or Sunday. Please note these workshops. Mini Drama contest and playing and Summer Camp are considered as part of the teacher��s monthly salary and the teacher doesn��t receive and extra pay for these events and workshops. |
This is a lot of extra, unpaid nonsense that will be taking up your weekends. You can do better than this.
Quote: |
b. Alcohol and Drugs: The School disapproves of the use or possession of illegal narcotics or dangerous drugs at any time. In addition, the School forbids the consumption of intoxicating beverages, as they have an adverse effect on classroom teaching. It is the official policy that no alcohol be used in any manner wihin the School. |
OK, I could be reading this wrong, but it looks like they are saying that you are not allowed to drink at all, even during your free time.
Quote: |
c. Sexual Behavior: Any sexual harassment of students, faculty, staff or overt homosexual behavior may be grounds for immediate dismissal. |
I don't know if you were planning on engaging in any homosexual activity, but I think this employer has a lot of nerve trying to dictate your sex life in your own time.
Quote: |
(3) The Instructor is to be present at School before the scheduled class hours (working hours) to teach and prepare for language training materials related to the instruction. |
Exactly how early do they expect you to come in every day? Without any extra pay? It might be nice to know before you sign the contract.
Finally, I'd say the biggest red flag for me is the "Appendix". The overall tone is very controlling and condescending, and gives the boss enough leeway to take away most of your free time without even paying you for it. I strongly suspect that the boss specifically wrote this and added it to the already subpar boilerplate because he didn't think it gave him quite enough control over his foreign minions.
Frankly, I get the distinct impression that after working for this control freak for a week I'd be desperate for a good stiff drink, some garish fads, and perhaps even a little sodomy to relieve the stress of working there.
Run, Forrest, run! |
|
Back to top |
|
 |
TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
|
Posted: Thu Feb 09, 2006 6:27 am Post subject: |
|
|
So basically this contract requires you to work seven days a week, even on a Sunday. You can do MUCH MUCH better.
Don't sign. |
|
Back to top |
|
 |
jacl
Joined: 31 Oct 2005
|
Posted: Thu Feb 09, 2006 6:27 am Post subject: |
|
|
No schedule = No way, Jose
I've been seeing a lot of contracts in this forum lately that don't have a set schedule. How's one to work without a schedule?
Any extra work outside work hours should be paid. Why? Because it's work.
I didn't see if you are still paid the same if teaching hours are low. That's important to have in a contract. |
|
Back to top |
|
 |
chessmaster9000
Joined: 31 Jan 2006
|
Posted: Thu Feb 09, 2006 6:35 am Post subject: Hello |
|
|
I will look over this contract with a magnifying glass. Will get back to you by tomorrow. |
|
Back to top |
|
 |
cwaddell
Joined: 23 Jan 2006
|
Posted: Thu Feb 09, 2006 6:55 am Post subject: |
|
|
Thanks for the comments so far folks, very useful. I certainly don't think it's an entirely EVIL contract, and maybe once all your suggestions are in, I can help them to rewrite some of it to clarify some points. I'll know more once I talk to the teachers. I guess it can sometimes be the case that although part of a contract can appear ambiguous, it was not intended to be malicious, more just a result of poor contract writing! But keep em coming all you veterans out there! |
|
Back to top |
|
 |
jacl
Joined: 31 Oct 2005
|
Posted: Thu Feb 09, 2006 7:16 am Post subject: |
|
|
Are you from New Brunswick, Canada? PM me if you are? I think I read something somewhere that you wrote that you are. |
|
Back to top |
|
 |
Son Deureo!
Joined: 30 Apr 2003
|
Posted: Thu Feb 09, 2006 8:31 am Post subject: |
|
|
cwaddell wrote: |
Thanks for the comments so far folks, very useful. I certainly don't think it's an entirely EVIL contract, and maybe once all your suggestions are in, I can help them to rewrite some of it to clarify some points. I'll know more once I talk to the teachers. I guess it can sometimes be the case that although part of a contract can appear ambiguous, it was not intended to be malicious, more just a result of poor contract writing! But keep em coming all you veterans out there! |
You are right, a lot of the bad wording in these contracts is not meant to be malicious, and nine times out of ten it's boilerplate from a contract form given to the hogwon owner by the chain's corporate office or recruiter. Most hogwon owners are probably only dimly aware of what is in their contracts, and they may not even be able to read them.
The "Appendix", however, has enough specific details that make it pretty obvious that it was written by and for this specific hogwon. And it's a nasty appendix that deserves to be surgically removed.
You may be able to negotiate with him, but that appendix leads me to believe that the control freak who owns this hogwon has a lot of that nasty language in there for a reason.
Good luck, I have a feeling you'll need it. |
|
Back to top |
|
 |
Big Mac
Joined: 17 Sep 2005
|
Posted: Thu Feb 09, 2006 12:56 pm Post subject: |
|
|
It looked like a really solid contract. The huge problem has to do with the things you are expected to do on Saturday and Sunday. On the basis of that, I would say no. They may try to tell you it will only be once in a while...but one thing I learned with Koreans is that if you give them and inch they will take a mile. There is a huge possibility you will be spending huge chunks of your weekends there.
Also, I would get the alcohol thing clarified. It's crazy if they expect you not to drink at all during your entire time in Korea. That clause and a couple of others make me think this is one of those employers who believes he owns you inside and outside of work.
I wouldn't sign it because of those things. |
|
Back to top |
|
 |
zappadelta

Joined: 31 Aug 2004
|
Posted: Thu Feb 09, 2006 2:06 pm Post subject: |
|
|
What, there's a contract posted for more than a day, and no Grotto? Where are you? |
|
Back to top |
|
 |
Grotto

Joined: 21 Mar 2004
|
Posted: Thu Feb 09, 2006 2:37 pm Post subject: |
|
|
TERMS AND CONDITIONS
1. The Responsibilities of the Instructor:
(1) The Instructor is to provide quality education of his/her specialized language by offering the students with his/her expertise and competence. In order to carry this out, the instructor must develop his/her effective teaching methods under the guidance of the Director, manage the students assigned to his/her course of instruction, and make the utmost efforts to maintain positive rapport between School and the students.
(2) The Instructor is to follow School��s decision on the number of hours to teach per month, class schedule, classrooms, and the course of instruction. The Instructor is also required to attend various meetings, seminars, and other events scheduled by School.
Red flag #1. Changing schedule, changing hours and curriculum
(3) The Instructor is to be present at School before the scheduled class hours (working hours) to teach and prepare for language training materials related to the instruction. The instructor must be in his/her classroom 5 minutes before the class-hour.
How much earlier do they expect you to arrive?
(4) The Instructor is responsible for preparing teaching materials, using the syllabus and supplementary materials approved by School. In addition, the Instructor is to participate in the activities directly related to teaching such as picnics, field trips and level testing as scheduled by the school.
Paid or unpaid?
(5) The Instructor is responsible for grading and evaluation of students at the end of each term.
I would ask to see a sample evaluation.....what is expected.
2. Place of Employment:
The Instructor will work for the School at the following address:
3. The period of Employment and Limitation:
Pending the issuance of and E-2 visa from Korean Immigration, the Instructor will work for the School for a period not exceeding one year in accordance with the E2 visa.
(1) The period of employment under this contract is from ________________ to ___________________, beginning and ending in the Republic of Korea.
(2) The Instructor shall not teach at any other language institute, or be engaged in any other form of employment except with a) written approval from the Korean Immigration and b) approval from School. When the Instructor is found to be in violation, School may terminate this contract with the Instructor regardless of the period of employment stated above.
4. Assigned Course and Salary:
(1) Assigned Course: English
(2) Monthly Salary: 2,000,000 won
(3) Number of Class-hours: 30 teaching hours per a week
A teaching hour defined as 50 minutes?
(4) The School guarantees the Instructor the monthly salary as stated above, and the Instructor agrees to be available to teach all class hours offered by School. If the Instructor cannot teach the required class hours due to his/her unavailability, the monthly salary guarantee will not apply, and it may be cause for termination of the contract.
Red flag #2..forced overtime? Monthly salary not gauranteed
(5) Overtime over and above the required 30 hours per week will be paid at 18,000 won per hour. Only teaching hours in excess of 30 hours per a week and only those approved by the Academic Supervisor / Director are considered as overtime. Overtime will not include workshops, teachers training sessions or any other events scheduled by the School as stated in Article 1 (2).
If you teach overtime for less than 25,000 per 50 minute class you're a dunce!
5. The Payment of Salary:
(1) The initial pay scale of the Instructor is decided by School on the basis of the Instructor��s educational background and experience.
Initial pay should be listed clearly in the contract!
(2) The Instructor is paid on the 5th of each and every month without delay. When the payday coincides with a national holiday, the payment will be made on the first working day after the 5th.
Pay is due on or before payday....late pay is late pay!
(3) If the Instructor leaves the School and is subsequently rehired at a later date, the Instructor will be able to retain his/her pay-scale grade at the time of leaving if he/she had taught full-time at School for a minimum of 12 consecutive months.
(4) Income taxes will be deducted in accordance with Korean Tax Laws.
(5) If the Instructor is absent from his/her class without a notice, 1.5 times of the class hour payment is deducted.
Illegal punishment clause. They cannot take away 1.5x your pay for missing a class...oops sick day....you lose a day and a halfs pay?
6. Severance Pay
Upon completion of this contract, the Instructor will receive one month��s salary as a severance pay, calculated in accordance with Korean Labor Laws. If the Instructor has worked more than a year, the severance pay is calculated as the month��s salary times the number of years of employment. If the instructor terminates the contract prematurely, no severance benefits will apply.
7. Orientation and Training:
Shortly after arrival in Korea, Instructor will be required to undertake orientation and training before commencing to teach. The period of training and orientation will usually be two to four days.
Compensation for training?
8. Transportation:
(1) Round trip economy airfare is provided with the one-year contract from the Instructor��s nearest airport to the international airport in Korea and transportation from the airport to the Instructor��s residence in Korea. Upon completion of this contract, the Instructor will be provided with a return ticket.
(2) If the Instructor leaves the School before his/her contract period ends, the School will not pay for his/her return ticket.
(3) If the Instructor leaves the school prior to completing six (6) months period of this contract for any reason, the Instructor must reimburse the School the cost of the ticket paid by the School or the School may deduct the equivalent amount from the Instructor��s last month��s pay.
9. Health Insurance and Pension Plan:
(1) The Instructor will be automatically subscribed to National Health Insurance, and be bound by the domestic Medical Insurance Laws. The cost of this coverage will be borne half by School and half by the Instructor. Instructor��s share of this coverage will be deducted from Instructor��s salary, monthly.
(2) The Instructor will be joined in the National Pension Plan automatically, and be bound by the National Pension Management Laws.
There should always be a mention of the amounts. Health 2.2% and pension 4.5%....an equal amount contributed by the employer!
10. Housing
The School will provide basic furnishings, and the Instructor is responsible for payment of monthly utilities.
(1) The Instructor may choose one of the two options as stated below:
The School provides a shared housing, or a single accommodation.
Say no to shared housing!
(2) Instructor is responsible for all maintenance, utility and telephone charges for accommodation provided by employer. In the case that an Instructor is the sole occupant of a double occupancy accommodation, provided by school, he/she will be responsible for all the above mentioned expenses.
(3) Instructor agrees to a deduction of 200,000 Won per month from the first two months of employment totaling 400,000 Won as housing management deposit. This deposit is to cover any unpaid monthly service, utility, and telephone charges at the completion of this contract and/or resignation or dismissal of the Instructor before the termination of this contract. Instructor agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.
I've said it before and I'll say it again...if you provide monthly reciepts for you utilities there is no need for a deposit!
11. Termination of the Contract:
(1) The School does not notify the Instructor of a renewal of the contract two months prior to the end of the employment period as stated in 3(1), this contract is automatically terminated when the contract period ends.
(2) The Instructor notifies the School in writing to terminate the contract before the contract period ends with such intention two months prior to the date of termination.
(3) The Instructor cannot fulfill the terms and conditions of the contract due to his/her own personal reasons.
(4) The Instructor is absent from classes three or more times or late for class five or more times, without a prior notice, such absence or tardiness may be cause for early termination of the contract.
Considering that they can rearrange the hours at will this is not a very fair clause!
(5) When the contract is terminated due to the conditions described in items (2), (3), and (4), School reserves the right to terminate the contract and to take necessary legal action for any damages incurred due to early termination of the contract. In addition, School is not responsible for severance pay. If the Instructor is a foreign citizenship holder, School will notify the Ministry of Justice the termination of employment and the sponsorship for the working visa.
(6) School reserves the right to revoke this contract if the Instructor is found to be in breach of the contract.
(7) The School notifies the Instructor in writing to terminate the contract before the contract period ends with nonfulfillment of Instructor��s duties and instructions (Appendix) immediately.
12. Sick Leaves
Instructor is entitled to 2 paid sick days. Instructor will submit doctor��s letter or prescription to School. Unused sick leave can not be taken as vacation days.
13. Handling Policy of No-Class Due To the Instructor��s Absence
When the Instructor misses his/her classes because of unexpected illness, accidents, or other unavoidable reasons during the period of contract, he/she must notify School in writing within 2 days. A missed class without a proper notification will be considered as an absence. The Article 5 (5) and the Article 11 (4) will be applied in this case.
The illegal clause!
14. Holidays and Vacation
The Instructor will receive 2-week (10 working days) paid vacation a year and all national holidays are observed and paid. All Korean national holidays and those days designated by School are construed as non-working days.
15. Visa
The School will provide all the necessary documents and sponsorship to obtain a proper working visa issuance paper for the Instructor with a foreign citizenship. The Instructor is responsible for obtaining the visa prior to the beginning of contract period.
16. The Appendix and the Compliance Responsibility
The Instructor must comply with the instructions and duties in the Appendix, which is an adjunct to this contract. The Instructor should make every effort to improve his/her teaching skills in language training and maintain a standard of Korean school teachers. In the event the Instructor damages the reputation of the School because of a gross misconduct or any violation of Korean Laws, he/she will be deprived of the qualification of an Instructor. Any misconduct or violation of Korean Laws shall be grounds for early termination of this contract.
17. The Validity of the Contract
Both School and the Instructor have read and understood all the terms and conditions of this contract which binds upon all parties. School and the Instructor have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, School and the Instructor have appended their signatures.
Principal Instructor
KIDSCLUB Fun Language School
Date Date
Appendix
1. INSTRUCTOR��S RESPONSIBILITIES:
The Instructor��s responsibilities include the following:
a. Teach the assigned classes
b. Follow the advice and direction of the Principal and Academic Director
c. Develop supplemental materials as necessary
d. Instructors must be prepared prior to class time
e. Assigned classes may and can be changed without a notice, also should follow the direction. The Employee is required to teach all classes.
Big red flag....no notice...penalty clauses...required overtime/assigned classes
f. Attendance at instructors meetings, workshops, and parents meetings is obligatory.
g. Attend workshops as scheduled in the annual calendar. Some workshops may fall on a Saturday.
No way Jose!
h. Attend the annual events and excursion. These will be on a Sunday.
Not a snowballs chance in hell!....Saturdays and Sundays
i. Participate other teaching related duties as assigned.
j. The preparation time, students�� evaluation and staff meetings are not considered as teaching time. Teaching time is considered to be time spent instructing in the classroom.
Well whoop de do! If it isnt counted as teaching time and isnt paid for....guess what...DONT DO IT!
k. The School will have four times workshop during the year contract and will be held on Saturday or Sunday. Please note these workshops. Mini Drama contest and playing and Summer Camp are considered as part of the teacher��s monthly salary and the teacher doesn��t receive and extra pay for these events and workshops.
No way again! If they only count time in class as work time dont volunteer any of your own time!
l. The Instructors as teacher should keep his/her students�� records such as attendance, evaluation, test forms, test results, conference meeting records, ESL classes�� program or supplements etc..
2. CONDUCT:
a. Appearance: Modest, professional attire and hairstyles must be maintained, and garish fads must be avoided. Appropriate footwear must be worn.
b. Alcohol and Drugs: The School disapproves of the use or possession of illegal narcotics or dangerous drugs at any time. In addition, the School forbids the consumption of intoxicating beverages, as they have an adverse effect on classroom teaching. It is the official policy that no alcohol be used in any manner wihin the School.
c. Sexual Behavior: Any sexual harassment of students, faculty, staff or overt homosexual behavior may be grounds for immediate dismissal.
3. EVALUATION OF INSTRUCTORS:
The School��s primary goal is to provide a sound language training program in the English language for all students who attend. Thus, it is the responsibility of the School to provide a place where instructors can carry out this task competently. To enhance the quality of instruction, the School provides lesson materials and library resources for the benefit of the instructors and the students.
The School provides the overall structure of the language program. Within this structure, creativity and experimentation are both permitted and encouraged. The School assumes that instructors are here because they like to teach and want to teach well. Therefore, evaluation of the instructor must have a positive and confirmatory role rather than a negative one.
Purposes of Evaluation
To improve instruction.
To provide a positive learning experience for the student and the Instructor.
To encourage Instructor experimentation and creativity in the learning process.
To provide a means through which the evaluator and Instructor will cooperatively identify Instructor��s strengths and overcome weaknesses.
In addition, Instructor evaluation information may be used by the administration to make recommendations concerning the continued employment, the granting of continuing a contract, and the determination of a change in status.
A Guideline for Instructor Evaluation
There will be four instruments for formal evaluations: a self-evaluation, a class observation, the students�� evaluation (a survey form filled out by students), and the evaluation by the Director. A formal evaluation is done once a year. Even though class observation seems needlessly intrusive to the classroom, and though some might think it adversely affects the behavior of the class, it is still the only direct method of gathering information about classroom behavior. Further, it is probably the only way in which an instructor can be defended from the criticisms (found or unfound) of students.
4. DISMISSALS OR VOLUNTARY RESIGNATION:
The School reserves the right to dismiss the Instructor for the following reasons.
a. Neglect of the duties stipulated in this agreement
b. Frequent absences from work
c. Has received three warning letters
(Warning Letter Conditions)
A warning letter can be issued for any of the following.
Verbal abuse towards children or staff members.
Physical misconduct directed towards children or staff members.
Unexplained absences from work.
Arriving late without notice or reason.
Breaking any or the stipulations agreed to by School and Instructor in the signed contract.
d. The inability to perform the duties stipulated in this agreement.
e. The Instructor engages in criminal conduct or in misconduct.
Pretty crappy contract....wouldnt tough it with a ten foot pen! |
|
Back to top |
|
 |
|
|
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot vote in polls in this forum
|
|