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Contract help anyone?

 
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chasingdreams



Joined: 10 Jan 2006
Location: Seoul

PostPosted: Mon Mar 27, 2006 1:11 pm    Post subject: Contract help anyone? Reply with quote

Hi there - to those of you who advised me to stay well away from the last contract I posted, thank you! Here is my latest job offer if you would be so kind as to give me any advice regading this one... Thanks in advance!

CLAUSE 1 (APPOINTMENT)

a. The employer agrees to employ the teacher during the period stipulated herein.
b. The teacher agrees to accept the employment and will work in his/her full capacity for the school.


CLAUSE 2 ( PERIOD OF EMPLOYMENT )

a. The total Agreement term is approximately one year, commencing from the date of arrival in Korea and to the last teaching day of the teacher's twelfth teaching session, according to the ____________ session calendar
b. The teacher agrees to discontinue his/her residence in Korea under the visa status arranged and sponsored by the employer within five days of the termination of this contract. The teacher will be allowed to stay in the housing provided by __________ during this time. This condition will not apply if this contract is terminated for any reason before completion, and the employer has no obligation to maintain the visa status for any period of time beyond the termination date.


CLAUSE 3 ( THE EMPLOYER��S RESPONSIBILITIES)

a. The employer and teacher are equal individuals working together to provide quality English instruction under the terms stated in this contract.
b. The employer will honor the terms and conditions of employment for the teacher as stated within this contract.
c. The employer will guarantee the teacher a monthly salary of Won in consideration of the teacher��s teaching hours and proper preparation for the classes.


CLAUSE 4 ( THE TEACHER��S RESPONSIBILITIES AND DUTIES )

a. During the terms of this Agreement, the teacher must cooperate and comply with the instructions and disciplines of the school. Assisting the Supervisor he/she must carry out assignments as directed by the employer. The Supervisor will be responsible for establishing and communicating the Standards of Performance as related to the duties stated in this contract.
b. The teacher must have adequately prepared for the classes in advance.
c. At all times during the terms of this contract, the male teachers should wear ties and the female teachers will wear dresses or dress pants in the school unless otherwise instructed.
d. The teacher��s work will include the following:

��. Teaching of English language (Target students�� ages: 5 to 15)
��. Development of educational programs and materials
��. Curriculum design and implementation
��. Indoor and outdoor classroom activities for/with students
��. Grading and assessment of students
��. Student counseling or evaluation
��. Attending at teacher��s meetings, workshops and parents�� meetings
��. Other related activities


CLAUSE 5 ( SALARY AND OVERTIME RATE)

a. The employer agrees to pay the teacher a monthly salary of won for 110 teaching hours per month and preparation for classes.
b. The payment of the salary is to be made on 5th of the following month.
c. Each teaching hour exceeding the 110 working hours is considered as overtime. And the payment for the overtime will be 15,000 won per each working hour (40 minutes class).
Attendance at scheduled staff meetings and workshops is mandatory and not considered as overtime.
d. The monthly salary for assigned teaching hours is inclusive of preparation, and all teachers will have a scheduled block of planning time each day.


CLAUSE 6 ( WORKING HOURS )

a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor from Monday through Friday.
b. The employer cannot guarantee his/her requested teaching schedule.
c. The teacher agrees to teach upon 110 teaching hours a month and to spend a scheduled block for lesson planning.
d. The said workload is equal to 165 teaching periods per month (one teaching period is equal to 40-minutes).
e. Teachers will be required to attend some special events throughout the year(Workshops, graduation ceremony, etc.) which may fall on a Saturday, Teachers will not receive additional compensation for these days.


CLAUSE 7 ( TAX )

Income tax and retirement taxes will be withheld from the salary in accordance with the Korean tax law.


CLAUSE 8 ( TRANSPORTATION )

a. Round trip economy airfare is provided with the one-year contract from the teacher��s nearest airport to the international airport in Korea and transportation from the airport to the teacher��s residence in Korea. Upon completion of this contract, the teacher will be provided with a return ticket.
b. If the teacher leaves the school before his/her contract period ends, the school will not pay for his/her return ticket.
c. If the teacher leaves the school prior to completing six (12) months period of this contract for any reason, the teacher must reimburse the school the cost of the ticket paid by the school or the school may deduct the equivalent amount from the teacher��s last month��s pay.


CLAUSE 9 ( ORIENTATION PERIOD/ALLOWANCE )

a. Upon arrival in Korea, the teacher may be allowed a few days�� lead time for adjustment and preparation for school prior to beginning of his/her regular teaching work.
b. The teacher will be on payroll from the date of his/her arrival in Korea, except for weekends and national holidays.
c. During the orientation period the teacher is required to be at the school making lesson plans and learning about the school system. The rate of payment for the orientation period will be 30,000 won per day and will be paid on the last day of the same month.


CLAUSE 10 ( MEDICAL INSURANCE )

a. The teacher will be covered by medical insurance under the Korean Medical Insurance Union, a private health organization.
b. Half of the insurance premium will be paid by the Employer and the other half by the teacher. (For reference, the current insurance premium rate is 1.5 % of the monthly salary)
.

CLAUSE 11 ( VACATION & HOLIDAYS )

The teacher will be allowed for national holidays and vacation that are indicated in a yearly academic calendar of ___________.

CLAUSE 12 (SICK LEAVE)

Teachers will be allowed three (3) days of paid sick leave during the contract period. Sick days beyond three (3) days will not be paid for and an excessive number of sick days will result in a warning.


CLAUSE 13 ( ACCOMMODATIONS )

a. The school will provide the teacher with furnished accommodations, single room.
b. Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, kitchen table, chairs, two-burner gas hot plate, and telephone.
c. Selection of the apartment will be made by the employer.
d. The cost of monthly service, utilities, and telephone charges for the accommodations will be paid by the teacher. In the case of a shared apartment, the cost will be shared by the roommates.
e. For the first three months, the Employer will withhold a deposit of 200,000 won each month, in order for the employer to pay off utility and telephone charges, received by the employer during the two months after the termination of the contract.
f. Any balance due the teacher after all bills have been paid will be transferred to the teacher��s account back home two months after the termination of the contract.


CLAUSE 14 (SEVERANCE PAYMENT)

Upon completion of this one-year contract, the teacher will receive one-month salary of
Won as a severance payment in accordance with Korean Labor Laws. This payment will be made at
the time of completion of the contract period.


CLAUSE 15 ( DISMISSAL OR VOLUNTARY RESIGNATION )

a. The employer reserves the right to dismiss the teacher from employment for the following causes:
��. Neglect or inability to perform his/her duties stipulated in this agreement
��. Frequent absences from work
��. Receiving two warning letters
��. Criminal behavior or misconduct
��. Teaching any private classes outside of the ___________ school

b. The employer agrees to give the employee 20 working days notice in the event of dismissal. However, in the case of a teacher��s criminal behavior or misconduct, he/she will be dismissed from employment immediately with no warning or notice.
c. In the event the teacher resigns from employment, he/she can do so giving 20 working days notice to the employer.
d. In either case of dismissal or resignation before completing six (12) months period of the contract term, the teacher must reimburse the employer the cost of the ticket to Korea.
e. In either case of dismissal or resignation before completing the contract term, the teacher will NOT receive a severance payment in accordance with Korean Labor Laws.


CLAUSE 16 ( GOVERNING LAW & JURISDICTION )

a. This Agreement is governed by the law of the Republic of Korea.
b. This Agreement is made final and firm unless any material modification or amendment to this Agreement is executed with the full knowledge and consent of the undersigned and incorporated into this Agreement.


In witness thereof, we have affixed our signatures hereon.
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Mon Mar 27, 2006 1:29 pm    Post subject: Reply with quote

Personally, I'd want a bit more in Clause 6 than 'should work in cooperation with the Supervisor from Monday to Friday'. You could end up teaching at 3AM.

Quote:
agrees to pay the teacher a monthly salary of won for 110 teaching hours


1 won? One lousy stinking won for working 110 hours? I know people who get 2,000,000 won for teaching that much. Negotiate. Maybe you can get yourself up to 50 won or even 100 won. Don't sell yourself short.
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Grotto



Joined: 21 Mar 2004

PostPosted: Mon Mar 27, 2006 2:45 pm    Post subject: Reply with quote

CLAUSE 1 (APPOINTMENT)

a. The employer agrees to employ the teacher during the period stipulated herein.
b. The teacher agrees to accept the employment and will work in his/her full capacity for the school.


CLAUSE 2 ( PERIOD OF EMPLOYMENT )

a. The total Agreement term is approximately one year, commencing from the date of arrival in Korea and to the last teaching day of the teacher's twelfth teaching session, according to the ____________ session calendar

The contract is for one year...not approximately....its for 365 days...nothing more! Some companies use this phrasing so that if you arrive 5 days into a teaching session it doesnt count towards your time. Sometimes teaching sessions may be a bit longer than a month as well. Demand 12 months/365 days!

b. The teacher agrees to discontinue his/her residence in Korea under the visa status arranged and sponsored by the employer within five days of the termination of this contract. The teacher will be allowed to stay in the housing provided by __________ during this time. This condition will not apply if this contract is terminated for any reason before completion, and the employer has no obligation to maintain the visa status for any period of time beyond the termination date.


CLAUSE 3 ( THE EMPLOYER��S RESPONSIBILITIES)

a. The employer and teacher are equal individuals working together to provide quality English instruction under the terms stated in this contract.
b. The employer will honor the terms and conditions of employment for the teacher as stated within this contract.
c. The employer will guarantee the teacher a monthly salary of Won in consideration of the teacher��s teaching hours and proper preparation for the classes.

How much?

CLAUSE 4 ( THE TEACHER��S RESPONSIBILITIES AND DUTIES )

a. During the terms of this Agreement, the teacher must cooperate and comply with the instructions and disciplines of the school. Assisting the Supervisor he/she must carry out assignments as directed by the employer. The Supervisor will be responsible for establishing and communicating the Standards of Performance as related to the duties stated in this contract.

If its not listed clearly in the contract up front it doesnt apply! Dont let them include mystical documents that may change from day to day!

b. The teacher must have adequately prepared for the classes in advance.
c. At all times during the terms of this contract, the male teachers should wear ties and the female teachers will wear dresses or dress pants in the school unless otherwise instructed.

Dress code Razz

d. The teacher��s work will include the following:

��. Teaching of English language (Target students�� ages: 5 to 15)
��. Development of educational programs and materials
��. Curriculum design and implementation

:P to that...you're there to teach not design curriculum Laughing

��. Indoor and outdoor classroom activities for/with students
��. Grading and assessment of students

Sample evaluation? How often? How many students?

��. Student counseling or evaluation
��. Attending at teacher��s meetings, workshops and parents�� meetings

How often? Paid or unpaid?

��. Other related activities


CLAUSE 5 ( SALARY AND OVERTIME RATE)

a. The employer agrees to pay the teacher a monthly salary of won for 110 teaching hours per month and preparation for classes.

Schedule? Agree to X amount of classes. 110/50 =132 classes a month. 110 fifty minute classes a month is a much better arrangement.

b. The payment of the salary is to be made on 5th of the following month.
c. Each teaching hour exceeding the 110 working hours is considered as overtime. And the payment for the overtime will be 15,000 won per each working hour (40 minutes class).

20,000 won for each 40 minute class!

Attendance at scheduled staff meetings and workshops is mandatory and not considered as overtime.

IF its mandatory than it should be considered overtime...if it isnt paid then it shouldnt be mandatory! Razz

d. The monthly salary for assigned teaching hours is inclusive of preparation, and all teachers will have a scheduled block of planning time each day.

Then list the schedule clearly in the contract!


CLAUSE 6 ( WORKING HOURS )

a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor from Monday through Friday.
b. The employer cannot guarantee his/her requested teaching schedule.
c. The teacher agrees to teach upon 110 teaching hours a month and to spend a scheduled block for lesson planning.
d. The said workload is equal to 165 teaching periods per month (one teaching period is equal to 40-minutes).

RED FLAG!!!!!!!!!!!!!!!! 165 classes is 41.25 classes a week...which is more than 8 per day! No way should you accept this workload!

e. Teachers will be required to attend some special events throughout the year(Workshops, graduation ceremony, etc.) which may fall on a Saturday, Teachers will not receive additional compensation for these days.

Another RED FLAG! Sorry! Your workhours are Mon-Fri.....Saturdays are not covered in the contract and there is no way you should agree to this insanity! If they want you there.....they can pay you for it! IF they dont want to pay then dont go!

CLAUSE 7 ( TAX )

Income tax and retirement taxes will be withheld from the salary in accordance with the Korean tax law.

Income tax according to monthly withholding tax(usually about 2% unless you are making some serious cash), pension 4.5% matched by the employer and lets not forget NHIC(health)2.24% also matched by the employer!


CLAUSE 8 ( TRANSPORTATION )

a. Round trip economy airfare is provided with the one-year contract from the teacher��s nearest airport to the international airport in Korea and transportation from the airport to the teacher��s residence in Korea. Upon completion of this contract, the teacher will be provided with a return ticket.
b. If the teacher leaves the school before his/her contract period ends, the school will not pay for his/her return ticket.
c. If the teacher leaves the school prior to completing six (12) months period of this contract for any reason, the teacher must reimburse the school the cost of the ticket paid by the school or the school may deduct the equivalent amount from the teacher��s last month��s pay.


CLAUSE 9 ( ORIENTATION PERIOD/ALLOWANCE )

a. Upon arrival in Korea, the teacher may be allowed a few days�� lead time for adjustment and preparation for school prior to beginning of his/her regular teaching work.
b. The teacher will be on payroll from the date of his/her arrival in Korea, except for weekends and national holidays.
c. During the orientation period the teacher is required to be at the school making lesson plans and learning about the school system. The rate of payment for the orientation period will be 30,000 won per day and will be paid on the last day of the same month.

Great...dont expect me to be at the school any longer than 2 hours then!


CLAUSE 10 ( MEDICAL INSURANCE )

a. The teacher will be covered by medical insurance under the Korean Medical Insurance Union, a private health organization.
b. Half of the insurance premium will be paid by the Employer and the other half by the teacher. (For reference, the current insurance premium rate is 1.5 % of the monthly salary)
.

CLAUSE 11 ( VACATION & HOLIDAYS )

The teacher will be allowed for national holidays and vacation that are indicated in a yearly academic calendar of ___________.

OF what? Lets see the calendar and some exact days!

CLAUSE 12 (SICK LEAVE)

Teachers will be allowed three (3) days of paid sick leave during the contract period. Sick days beyond three (3) days will not be paid for and an excessive number of sick days will result in a warning.


CLAUSE 13 ( ACCOMMODATIONS )

a. The school will provide the teacher with furnished accommodations, single room.
b. Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, kitchen table, chairs, two-burner gas hot plate, and telephone.

pots pans sheets and anything else you will need to live should be included.

c. Selection of the apartment will be made by the employer.
d. The cost of monthly service, utilities, and telephone charges for the accommodations will be paid by the teacher. In the case of a shared apartment, the cost will be shared by the roommates.
e. For the first three months, the Employer will withhold a deposit of 200,000 won each month, in order for the employer to pay off utility and telephone charges, received by the employer during the two months after the termination of the contract.

Delete this clause. They cannot force you to leave a deposit......and the chances of you getting it back TWO MONTHS LATER ARE 0
f. Any balance due the teacher after all bills have been paid will be transferred to the teacher��s account back home two months after the termination of the contract.


CLAUSE 14 (SEVERANCE PAYMENT)

Upon completion of this one-year contract, the teacher will receive one-month salary of
Won as a severance payment in accordance with Korean Labor Laws. This payment will be made at
the time of completion of the contract period.


CLAUSE 15 ( DISMISSAL OR VOLUNTARY RESIGNATION )

a. The employer reserves the right to dismiss the teacher from employment for the following causes:
��. Neglect or inability to perform his/her duties stipulated in this agreement
��. Frequent absences from work
��. Receiving two warning letters
��. Criminal behavior or misconduct
��. Teaching any private classes outside of the ___________ school

b. The employer agrees to give the employee 20 working days notice in the event of dismissal. However, in the case of a teacher��s criminal behavior or misconduct, he/she will be dismissed from employment immediately with no warning or notice.

'30 days notice by law!

c. In the event the teacher resigns from employment, he/she can do so giving 20 working days notice to the employer.
d. In either case of dismissal or resignation before completing six (12) months period of the contract term, the teacher must reimburse the employer the cost of the ticket to Korea.
e. In either case of dismissal or resignation before completing the contract term, the teacher will NOT receive a severance payment in accordance with Korean Labor Laws.


CLAUSE 16 ( GOVERNING LAW & JURISDICTION )

a. This Agreement is governed by the law of the Republic of Korea.
b. This Agreement is made final and firm unless any material modification or amendment to this Agreement is executed with the full knowledge and consent of the undersigned and incorporated into this Agreement.


In witness thereof, we have affixed our signatures hereon.

Crap contract!
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