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Ammended Contract - Advice Please!

 
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chasingdreams



Joined: 10 Jan 2006
Location: Seoul

PostPosted: Tue Mar 28, 2006 1:59 pm    Post subject: Ammended Contract - Advice Please! Reply with quote

Hi again and thanks for the advice on my latest contract. I got a few of the ambiguous clauses sorted out and I am seriously considering signing this tomorrow. Just so you know I have no experience teaching and would be quite willing to work as a nanny - it is the experience I am looking for and the chance to get out of the UK and sample a different culture. Anyone see any real danger signs in this ammended contract? 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 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 School 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 School 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 2,100,000 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. The teacher needs to maintain a tidy appearance and shouldn��t wear anything that the Supervisor considers inappropriate (for example: ripped / torn clothes, revealing outfits etc). Smart casual dress is preferred.
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



CLAUSE 5 ( SALARY AND OVERTIME RATE)

a. The employer agrees to pay the teacher a monthly salary of 2,100,000 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 will be withheld from the salary in accordance with the Korean tax law. This is a government requirement. The employer will only withhold the percentage stipulated by government requirements. (3~ 4 % from your income)


CLAUSE 8 ( TRANSPORTATION )

a. Round trip economy airfare is provided by employer before the teacher comes to Korea 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. If the teacher chooses to purchase Medical Insurance, he or she 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 10 days paid vacation (one week in summer and one week in winter) that are indicated in a yearly academic calendar of School.

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, single accommodations. The accommodation will be paid for by the employer. Any monthly strata fees (fees for the maintenance of the building) will be paid by the employee.
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 2,100,000 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.
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.
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Tue Mar 28, 2006 5:36 pm    Post subject: Reply with quote

15000 won/ hr. is too low for overtime; and you should add: air conditioning and a microwave to your apt. 'furnishings'.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Tue Mar 28, 2006 7:39 pm    Post subject: Reply with quote

165 classes a month and some Saturdays required?

I'd look elsewhere. You can do MUCH better than this. Plus you are not on payroll during weekends and holidays. Does that mean if there are less than 165 classes a month due to holidays, that your pay gets decreased? Sounds like it. As for weekends you are not paid, but are still required to give some Saturdays. Don't sign this contract.

Mr Grotto, where are you? Laughing
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Homer
Guest




PostPosted: Wed Mar 29, 2006 3:38 am    Post subject: Reply with quote

This contract has: a heavy workload combined with a few ambiguities.

You should not work weekends either...
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Grotto



Joined: 21 Mar 2004

PostPosted: Wed Mar 29, 2006 7:28 am    Post subject: Reply with quote

a. The total Agreement term is 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 School session calendar

No way! The term of the contract is one year. It has nothing to do with teaching sessions! 365 days. This teaching session bullcrap is a way for them to keep you here for more than a year!

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 School 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 2,100,000 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. The teacher needs to maintain a tidy appearance and shouldn��t wear anything that the Supervisor considers inappropriate (for example: ripped / torn clothes, revealing outfits etc). Smart casual dress is preferred.
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

Programs, materials and curriculum should be provided by the school....it should not in any way be a responsability of the teacher! Stupid contracts!

��. 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

How often? How long? When? for 4,5,6 and 7 you should really check up on that!



CLAUSE 5 ( SALARY AND OVERTIME RATE)

a. The employer agrees to pay the teacher a monthly salary of 2,100,000 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.

Said it before, I'll say it again...if its not paid then its not mandatory!

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.

How long? State it clearly in the contract dummy's! If it is mandatory prep time then it has to be paid....you cant claim to onlly pay teachers for time spent in class and then demand, prep, workshops,meetings and all the other crap you guys like to add on!


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.

NEVER EVER AGREE TO THIS INSANITY! They can give you split shifts and call you in for classes whenever they want to! Get your classtimes set in stone!

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).

165 classes a month is more than 8 classes a day....way too heavy of a workload! This is a recipe for a burnt out teacher.

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.

Again...its outside the working hours of your contract and there is absolutely no way you should agree to it! If you're not being paid for Saturdays they cant make you go. BABO clause!

CLAUSE 7 ( TAX )

Income tax will be withheld from the salary in accordance with the Korean tax law. This is a government requirement. The employer will only withhold the percentage stipulated by government requirements. (3~ 4 % from your income)

No its not! Income tax is a floating rate depending on your income. IT is never an approximation. Go with the monthly withholding tax on the Korean tax website!


CLAUSE 8 ( TRANSPORTATION )

a. Round trip economy airfare is provided by employer before the teacher comes to Korea 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.

Again....dont spend an entire day at the school for 30,000 won...go in do a couple of hours then leave!

CLAUSE 10 ( MEDICAL INSURANCE )

a. If the teacher chooses to purchase Medical Insurance, he or she 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)

Its actually 2.24% each now..

CLAUSE 11 ( VACATION & HOLIDAYS )

The teacher will be allowed for national holidays and 10 days paid vacation (one week in summer and one week in winter) that are indicated in a yearly academic calendar of School.

Just what does 'will be allowed for national holidays' mean?



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, single accommodations. The accommodation will be paid for by the employer. Any monthly strata fees (fees for the maintenance of the building) will be paid by the employee.

I would want to know what these fees are ahead of time!

b. Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, kitchen table, chairs, two-burner gas hot plate, and telephone.

DEMAND AIR CON!!!!! summers in Korea are hellishly hot and humid! Also add in pots pans and utinsels!

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.

Wait a second!!! Didnt it say single accomodation earlier on in the contract? Why is this clause here?

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.

Just say no to deposits. They cant take it if you dont agree to it. Getting it back 2 months after you leave Laughing Rolling Eyes Laughing Laughing you'll never see that money again Exclamation


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.

Yeah right Rolling Eyes

CLAUSE 14 (SEVERANCE PAYMENT)

Upon completion of this one-year contract, the teacher will receive one-month salary of 2,100,000 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.

Its still 30 days 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.
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.

Crap contract, crap shool, crap classes (165 Shocked ) add in the MANDATORY overtime and Saturdays its a contract you dont want anything to do with. Feel free to forward my critique of the contract to the school Twisted Evil Laughing maybe they will pull their heads out of their asses and come up with a decent contract! But I doubt it Crying or Very sad
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