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Contract Help

 
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The Tym



Joined: 30 Oct 2005

PostPosted: Sun Feb 12, 2006 8:41 am    Post subject: Contract Help Reply with quote

Hey guys just wondering if you could take a look at this contract and give me your input. I'm a newbie so I don't really know what to expect. What looks good, bad etc. And what should I have changed? Any reply is greatly appreciated.

I. Period of Employment

The total agreement term is ___12_____ months, commencing from the date of teaching in Korea and finishing on __________________.
The term of this Agreement includes an orientation period, six (6) consecutive teaching sessions, and all scheduled vacations and holidays that fall between or during teaching sessions.
The Employee will discontinue residence in Korea under the visa status sponsored by the Employer upon the completion of this contract unless the both parties agree to renew the contract.

II. Conditions of Employment

Employee��s Duties:

During the term of this Agreement the Employee will perform the following duties:
1.1. Instruction in any phase of the Institute's program.
1.2. Curriculum design and implementation.
1.3. Development of educational programs and materials.
1.4. Extracurricular activities for/with students when needed.
1.5. Grading, evaluating and counseling of students.
1.6. Attendance at teachers' meetings and workshops.
1.7. Class preparation
1.8. Cooperation with the Principal/ Vice-Principal/ Academic Director in all aspects of employment.
1.9. Participation in other related activities.

2. Working hours

2.1. Classes will be held from Monday to Friday during regular sessions and two intensive sessions during summer (July-August) and winter (December-January). It may vary from branch to branch upon needs of the Institute.
2.2. The Employee will be required to work at the times the Employer shall direct.
2.3. Working hours is from 2pm to 10pm for regular sessions. For two intensive sessions, from 9am to 6pm (it may change on the needs of the Institute). However total teaching hours will not exceed 30 hours per week. The Employee is required to arrive at school at least 40 minutes before the first class.
2.4. Working hours may be modified from time to time at the sole discretion of the Employer depending upon a session and needs of the Institute.

3. Salary and Overtime

The Employee will be guaranteed (2,000,000) Won per month (before taxes for teaching 110 hours or 165 classes per month (1 class is 40 min.). This is to be considered as the Employee��s contract hours.

3.1. Only the time worked in excess of contract hours will be considered as overtime. The Employee��s overtime pay will be (20,000) Won per (60) minutes. Attendance at scheduled teachers meetings, workshops and class preparation (which is mandatory) will not be considered as overtime.
3.2. The salary will be paid on the 15th day of each teaching month.
3.3. Computation of the initial (first month of employment) salary will commence from the 1st day of actual teaching at the Institute and, therefore, will not include the orientation period necessary for familiarization with the Institute��s curriculum and the Employee��s duties.

4. Severance Pay

Upon successful completion of a full contract period (12 months), the Employee will be given severance pay which is equivalent to his/her monthly salary of
2,000,000 Won . It will be paid in a month.

5. Benefits

5.1. Housing
(a) The Employer will select and provide free furnished living accommodation for the Employee usually located not far from the Institute (about 20-25 min. subway ride). (b) The accommodation may be a private apartment (bachelor/studio) or a two-three room apartment shared with other Employees with a private bedroom for each Employee and a shared kitchen and bathroom. (c) The Employer will also provide furnishings which will include: a single bed, table, two chairs, two-burner gas hot plate, refrigerator, wardrobe, washing machine, TV set, toaster and some bedding (pillow, comforter, sheets). (d) The costs of all utilities (gas, water, electricity, cable TV, and telephone charges) and a monthly maintenance fee will have to be paid by the Employee. In the case of shared accommodation, the costs will be divided between the housemates.

5.2. Vacation, Holidays and Emergency Leave

The Employee will have: (a) short-term breaks between sessions as determined by
the Employer. (b) paid statutory/ public holidays detailed in a yearly calendar; (c) up to 5 days of paid emergency leave in a year in the event of a death or serious illness of an immediate family member, such as grandparent, parent, spouse, children, brother or sister. The emergency leave will be granted and/or extended after a close consultation with the Principal. The Employee will bear the cost of transportation.

5.3. Health Insurance
The Employee will be provided with health insurance coverage from the designated public health insurance corporation with 50% of the premium paid by the Employer and 50% - by the Employee.

5.4. Transportation
The Employer will purchase for the Employee a one-way economy class air ticket to Korea from a main international airport in the country/city where the Employee resides and from which he/she was hired. After completing a one-year contract the Employee will be provided with a return economy class air ticket.

5.5. Visa Sponsorship
If the Employee does not obtain work visa in the country of his/her residence, the Employee will receive full visa sponsorship from the Employer upon arrival in Korea. This will include a paid round trip air ticket to Japan (to obtain work visa there) and money to cover travel expenses.


III. Taxes and Other Deductions

The following taxes and deductions will be withheld from the Employee��s monthly salary:
A. Income tax required by the Korean Tax Law (approximately 5%, which may be adjusted pursue on the changes of the Korean Tax Law);
B. National Pension Contribution according to regulation (approximately 5%, which may be adjusted pursue on the changes of the regulation).
NOTE: Upon completion of the contract (agreement), pension contributions will be fully reimbursed to the Employee from USA
& Canada by the Korean government;
C. Health Insurance (at present 1.7%);
D. 200,000 Won per month for the first three months as a security deposit for unpaid utilities and phone charges even if the Employee pays them each month. This deposit WILL BE refunded to the Employee one month after this contract is completed.

IV. Employee��s Conduct and Dress Code

During the term of this Agreement the Employee is expected to conduct himself/herself in a professional manner that would project a good image of the Institute. Therefore, the following forms of behavior will NOT be permitted:
Coming to the Institute and conducting class under the influence of alcohol or illegal drugs and while smoking;
Making sexual advances towards or entering into relationships with the students or employees of the Institute;
Using bad language in class that would offend or discredit students, the staff and the Institute.
Not following scheduled class timetables, canceling, starting classes late without the prior approval of principal.

2. The Employee should present himself/herself to students as a professional. Casual attire, provided it is clean and neat, is acceptable. However, NO blue jeans, sneakers and T-shirts will be allowed (unless otherwise instructed).


V. Duty of Confidentiality

A. The Employee shall not disclose information relating to the contents of lectures, teaching material and business operation of the Institute to any third party.
B. The Employee shall not disclose information regarding his/her salary, overtime payment, and contract hours to any third party, including other Employees of the Institute.

VI. Outside Employment and Conflicts of Interest

A. According to Korean Immigration Law, foreign workers are allowed to work legally in Korea ONLY for the Employer/Institute for which they have received a work visa.
B. By signing this Agreement, the Employee agrees to devote his expertise, time and attention to discharge his duties to his legal Employer and not to engage in any other activity that would in any manner whatsoever compete with the Employer and pose any conflict between the interest of the Employer and the other party and/or interfere with the performance of the Employee��s duties.
C. If the Employee wishes to accept any other employment, such as private or part-time teaching, editing and so on, he/she must get the Principal��s approval before doing so. Failure to comply with this rule may result in immediate dismissal.


VII. Dismissal, Voluntary Resignation and Liquidating Damages

1. The Employer will have the right to dismiss the Employee if or when:
The Employee repeatedly fails to perform his/her duties stated under this Agreement including but not limited to frequent absences from the place of Employment/Institute without approval of the Principal/ Vice-Principal.
The Employee fails to conduct himself/herself in a professional manner (as described in Employee��s Conduct and Dress Code section of this Agreement) resulting in damaging the image of the Institute.
The Employee places any student or a staff person in jeopardy or causes significant material damage to the Employer as a result of his/her negligence or reckless behavior.
The Employee commits any criminal act inside or outside the place of employment/Institute. This will result in immediate dismissal with neither warning nor time for remedy being given to the Employee.
The Employee has already received three (3) reprimands (warnings) from the Employer of dissatisfaction with the Employee��s performance, and the Employee has not rectified the situation.
2. The Employee may not earlier terminate this Agreement without a good reason. If required, 45 days prior notice must be given to the Employer before termination of the contract.

3. In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket and will not give the severance pay. In addition, if the Employee voluntarily terminates this contract before six (6) months of employment, he/she will have to reimburse to the Employer the initial airfare and other expenses that the Employer has incurred in the process of hiring of the Employee, such as recruiter��s fee, housing utilities deposit and other expenses (if applicable).

VIII. Understanding

Both parties have read the above terms and conditions and agree to fulfill them in good faith and will resolve any dispute in a reasonable manner.
All issues that cannot be solved by the two parties above will be solved in accordance with the appropriate laws of the Republic of Korea.
c. The contents of W institute Teachers�� Manual are to be incorporated to be part of this employment contract.

The employer will evaluate the employee every semester. The employer may
dismiss or transfer the employee to other branch, if employee fails to observe his/her duties stated above.
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Grotto



Joined: 21 Mar 2004

PostPosted: Sun Feb 12, 2006 9:06 am    Post subject: Reply with quote

I. Period of Employment

The total agreement term is ___12_____ months, commencing from the date of teaching in Korea and finishing on __________________.
The term of this Agreement includes an orientation period, six (6) consecutive teaching sessions, and all scheduled vacations and holidays that fall between or during teaching sessions.
The Employee will discontinue residence in Korea under the visa status sponsored by the Employer upon the completion of this contract unless the both parties agree to renew the contract.

6 consecutive teaching sessions. You are signing up for a year right? Make sure thats the length of the contract. If you come halfway through a teaching session they may expect you to be here 2 months longer!

II. Conditions of Employment

Employee��s Duties:

During the term of this Agreement the Employee will perform the following duties:
1.1. Instruction in any phase of the Institute's program.
1.2. Curriculum design and implementation.
1.3. Development of educational programs and materials.
1.4. Extracurricular activities for/with students when needed.
1.5. Grading, evaluating and counseling of students.
1.6. Attendance at teachers' meetings and workshops.
1.7. Class preparation
1.8. Cooperation with the Principal/ Vice-Principal/ Academic Director in all aspects of employment.
1.9. Participation in other related activities.

I always like to know what an evaluation entails, how long and how often meetings and workshops are, and how much prep time is expected.

2. Working hours

2.1. Classes will be held from Monday to Friday during regular sessions and two intensive sessions during summer (July-August) and winter (December-January). It may vary from branch to branch upon needs of the Institute.
2.2. The Employee will be required to work at the times the Employer shall direct.
2.3. Working hours is from 2pm to 10pm for regular sessions. For two intensive sessions, from 9am to 6pm (it may change on the needs of the Institute). However total teaching hours will not exceed 30 hours per week. The Employee is required to arrive at school at least 40 minutes before the first class.

Get a clear schedule....basic math tells us that 8 hours a day = 40 hours a week, add in the 40 minutes a day they expect you to be there before classes and you end up with 43+ hours a week. If they expect you to be at the school that many hours the pay should reflect it....2.3+

2.4. Working hours may be modified from time to time at the sole discretion of the Employer depending upon a session and needs of the Institute.

Never agree to 2.4! Your working hours need to be clearly stated in a contract...not changable at the schools whim!

3. Salary and Overtime

The Employee will be guaranteed (2,000,000) Won per month (before taxes for teaching 110 hours or 165 classes per month (1 class is 40 min.). This is to be considered as the Employee��s contract hours.

Thats 8 + classes a day Shocked way too many for way too little pay!

3.1. Only the time worked in excess of contract hours will be considered as overtime. The Employee��s overtime pay will be (20,000) Won per (60) minutes. Attendance at scheduled teachers meetings, workshops and class preparation (which is mandatory) will not be considered as overtime.

Change it to 20,000 won for 40 minutes.

3.2. The salary will be paid on the 15th day of each teaching month.
3.3. Computation of the initial (first month of employment) salary will commence from the 1st day of actual teaching at the Institute and, therefore, will not include the orientation period necessary for familiarization with the Institute��s curriculum and the Employee��s duties.

Salary should be paid by the 5'th...there is no need to work 45 days before your first pay!.....they do this to keep people from pulling a runner.

4. Severance Pay

Upon successful completion of a full contract period (12 months), the Employee will be given severance pay which is equivalent to his/her monthly salary of
2,000,000 Won . It will be paid in a month.

It should be paid upon completion of the contract!

5. Benefits

5.1. Housing
(a) The Employer will select and provide free furnished living accommodation for the Employee usually located not far from the Institute (about 20-25 min. subway ride). (b) The accommodation may be a private apartment (bachelor/studio) or a two-three room apartment shared with other Employees with a private bedroom for each Employee and a shared kitchen and bathroom.

Just say no to shared accomodations!

(c) The Employer will also provide furnishings which will include: a single bed, table, two chairs, two-burner gas hot plate, refrigerator, wardrobe, washing machine, TV set, toaster and some bedding (pillow, comforter, sheets). (d) The costs of all utilities (gas, water, electricity, cable TV, and telephone charges) and a monthly maintenance fee will have to be paid by the Employee. In the case of shared accommodation, the costs will be divided between the housemates.

5.2. Vacation, Holidays and Emergency Leave

The Employee will have: (a) short-term breaks between sessions as determined by the Employer.

Length? How many days? Look at a calendar!

(b) paid statutory/ public holidays detailed in a yearly calendar; (c) up to 5 days of paid emergency leave in a year in the event of a death or serious illness of an immediate family member, such as grandparent, parent, spouse, children, brother or sister. The emergency leave will be granted and/or extended after a close consultation with the Principal. The Employee will bear the cost of transportation.

5.3. Health Insurance
The Employee will be provided with health insurance coverage from the designated public health insurance corporation with 50% of the premium paid by the Employer and 50% - by the Employee.

2.2% each

5.4. Transportation
The Employer will purchase for the Employee a one-way economy class air ticket to Korea from a main international airport in the country/city where the Employee resides and from which he/she was hired. After completing a one-year contract the Employee will be provided with a return economy class air ticket.

5.5. Visa Sponsorship
If the Employee does not obtain work visa in the country of his/her residence, the Employee will receive full visa sponsorship from the Employer upon arrival in Korea. This will include a paid round trip air ticket to Japan (to obtain work visa there) and money to cover travel expenses.


III. Taxes and Other Deductions

The following taxes and deductions will be withheld from the Employee��s monthly salary:
A. Income tax required by the Korean Tax Law (approximately 5%, which may be adjusted pursue on the changes of the Korean Tax Law);

Not true! Tax on 2 mil is only about 1.6% not anywhere near 5%. Check with the national tax service to find out how much should be deducted

B. National Pension Contribution according to regulation (approximately 5%, which may be adjusted pursue on the changes of the regulation).
NOTE: Upon completion of the contract (agreement), pension contributions will be fully reimbursed to the Employee from USA
& Canada by the Korean government;

Its not 5% its 4.5% each....contacts are supposed to be exact! Not approximate!

C. Health Insurance (at present 1.7%);

Isnt it 2.2% now?

D. 200,000 Won per month for the first three months as a security deposit for unpaid utilities and phone charges even if the Employee pays them each month. This deposit WILL BE refunded to the Employee one month after this contract is completed.

Kiss that money goodbye...just say no to deposits...its illegal for them to deduct anything from your pay except tax, health care and pension!

IV. Employee��s Conduct and Dress Code

During the term of this Agreement the Employee is expected to conduct himself/herself in a professional manner that would project a good image of the Institute. Therefore, the following forms of behavior will NOT be permitted:
Coming to the Institute and conducting class under the influence of alcohol or illegal drugs and while smoking;
Making sexual advances towards or entering into relationships with the students or employees of the Institute;
Using bad language in class that would offend or discredit students, the staff and the Institute.
Not following scheduled class timetables, canceling, starting classes late without the prior approval of principal.

2. The Employee should present himself/herself to students as a professional. Casual attire, provided it is clean and neat, is acceptable. However, NO blue jeans, sneakers and T-shirts will be allowed (unless otherwise instructed).


V. Duty of Confidentiality

A. The Employee shall not disclose information relating to the contents of lectures, teaching material and business operation of the Institute to any third party.
B. The Employee shall not disclose information regarding his/her salary, overtime payment, and contract hours to any third party, including other Employees of the Institute.

Good thing you're not an employee yet eh? Laughing Otherwise you would have already violated this clause!

VI. Outside Employment and Conflicts of Interest

A. According to Korean Immigration Law, foreign workers are allowed to work legally in Korea ONLY for the Employer/Institute for which they have received a work visa.

Not true....with permission from immigration you can work at more than one job site!

B. By signing this Agreement, the Employee agrees to devote his expertise, time and attention to discharge his duties to his legal Employer and not to engage in any other activity that would in any manner whatsoever compete with the Employer and pose any conflict between the interest of the Employer and the other party and/or interfere with the performance of the Employee��s duties.
C. If the Employee wishes to accept any other employment, such as private or part-time teaching, editing and so on, he/she must get the Principal��s approval before doing so. Failure to comply with this rule may result in immediate dismissal.

Doesnt this contradict section A? Rolling Eyes

VII. Dismissal, Voluntary Resignation and Liquidating Damages

1. The Employer will have the right to dismiss the Employee if or when:
The Employee repeatedly fails to perform his/her duties stated under this Agreement including but not limited to frequent absences from the place of Employment/Institute without approval of the Principal/ Vice-Principal.
The Employee fails to conduct himself/herself in a professional manner (as described in Employee��s Conduct and Dress Code section of this Agreement) resulting in damaging the image of the Institute.
The Employee places any student or a staff person in jeopardy or causes significant material damage to the Employer as a result of his/her negligence or reckless behavior.
The Employee commits any criminal act inside or outside the place of employment/Institute. This will result in immediate dismissal with neither warning nor time for remedy being given to the Employee.
The Employee has already received three (3) reprimands (warnings) from the Employer of dissatisfaction with the Employee��s performance, and the Employee has not rectified the situation.
2. The Employee may not earlier terminate this Agreement without a good reason. If required, 45 days prior notice must be given to the Employer before termination of the contract.

30 days is plenty

3. In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket and will not give the severance pay. In addition, if the Employee voluntarily terminates this contract before six (6) months of employment, he/she will have to reimburse to the Employer the initial airfare and other expenses that the Employer has incurred in the process of hiring of the Employee, such as recruiter��s fee, housing utilities deposit and other expenses (if applicable).

Not a chance! You are not responsible for recruiters fees, housing deposits or any other imaginary expenses they may dream up to steal your money!

VIII. Understanding

Both parties have read the above terms and conditions and agree to fulfill them in good faith and will resolve any dispute in a reasonable manner.
All issues that cannot be solved by the two parties above will be solved in accordance with the appropriate laws of the Republic of Korea.
c. The contents of W institute Teachers�� Manual are to be incorporated to be part of this employment contract.

The employer will evaluate the employee every semester. The employer may dismiss or transfer the employee to other branch, if employee fails to observe his/her duties stated above.

Very much a one sided contract......as someone pointed out to me recently contracts are for the benefit of both parties(and the school is one of those parties Rolling Eyes ) In this contract they are well taken care of but you are left hanging in the wind!
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Big Mac



Joined: 17 Sep 2005

PostPosted: Sun Feb 12, 2006 12:33 pm    Post subject: Reply with quote

If they're asking you to participate in developing the curriculum, that says to me that they have little or no curriculum at the moment. If you're going to be teaching that many classes with no curriculum it will mean much more class preparation time. Add that to the ridiculous amount of classes they're expecting you to teach and I can see you getting burned out quickly in this job.

Also, shared accommodations suck. Not only are they shared accommodations, but a 20-25 minute subway ride away. What's up with that? It should be within walking distance!
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