Korean Job Discussion Forums

[penfold]

Hi everyone,

My girlfriend and I are excited to have been sent our first contract to work in Korea.

I have searched for the school but can't find anything on the net.

So here go's:

1) The school is in Sokcho. Has anyone taught English there? We have done some research on the city and it seems great. The one issue we do have is that while we wanted a small city, this seems to be very small. We understand it will not be Seoul, but is there a decent expat community/stuff to keep us satisfied over the weekend i.e. decent nightlife nice bars? Or will we be bored to death?

2) The name of the school is 'AP language school' or 'AP english school' (we are clarifying the name). Has anyone had any experience with them, good or bad.

3) Now for the contract. I have made a copy and ripped it up (you will see my comments) with what I think needs changing, have I missed anything, am I asking for things that will not be changed, is it a decent contract in general?

This is an agreement between


The instructor agrees to teach students at the institute at the times designated by the institute management, and agrees to develop and present educational programs for the students. The instructor agrees to follow and strictly comply with the School's policies and guidelines during the period of this agreement.

We have an issue with the word ��develop�� in the above clause.

We were of the impression, pursuant to your email, that there was a set curriculum in place.

2. CONTRACT DURATION:

(A) It is hereby agreed between the school and the instructor that the instructor shall teach at the school for one year, starting from 29th May 2006, the teacher��s expected arrival date in Korea.

(B) If the instructor wishes to renew his/her contract at the end of one year, he/she must inform the School two months prior to the end of one year's service, and the contract may, if both parties agree, be renewed at that time for another year by mutual agreement.

We would like a clause inserted here that states that ��the teacher will not be required to teach at the school within a 48 hour period of arriving in Korea��.

3. RESPONSIBILITIES OF TEACHER:

(A). The teacher is expected to devote no less than 1 hour a day at the institute for the lesson planning with co-teachers, student evaluations, syllabuses, telephone English, report cards, field trips, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading ones professional knowledge and skills without additional pay. The working week will follow the yearly academic calendar issued by the school,

Issues with clause:
1. Teaching English by telephone;
2. Working for at least 5 hours a week unpaid; and
3. Too vague, for example how often do we consult with parents or how often are staff meetings.

Put succinctly, we believe that this work be termed overtime and paid accordingly, failing this an increase in the basic wage.

Will we be able to use the schools equipment to assist us in lesson preparation i.e. the photocopier, stationary and Internet access

(B) The instructor's working hours (2:00pm to 9:00pm) shall be determined by the School's schedule. However, the teaching schedule can be changed according to School��s schedule.

This should be reworded to say ��the instructors working hours are 2.00pm to 9.00pm Monday to Friday. Any work undertaken outside these hours shall be termed overtime. If the times required to work want to be altered by the school, the hours must remain concurrent and no longer than 7 hours a day in length.

Further, could you please specify how many lessons are in this time, how long each lesson is, how often are our breaks and who will we be teaching.

Also the teacher will not be required to work either Saturday or Sunday unless expressly agreed to by the teacher and requested in advance of at least one week.

(C) The instructor is responsible for familiarizing him or herself with all institute materials relevant to teaching at the School. The instructor shall faithfully teach and train students at the School.

4. TEACHER��S SALARY:

(A) The teacher's total monthly salary shall be 2.0 million won. The teacher's annual salary will total 24.0 million won. A severance pay bonus equivalent to one month��s salary will also be paid at the end of the contract. This compensation is in exchange for teaching an average of 6 hours a day, five days per week.


(B) On completion of one��s responsibilities of the full contract period, the severance pay is 2.0 million won, which is equivalent to the monthly salary. It will be paid only at the completion of the contract.

(C) If the instructor teaches, by mutual agreement of the instructor and school, additional teaching hours over and above 30 hours per week, overtime compensation at 18,000 won/hour shall be paid for those hours.

(D) The instructor's salary will be paid monthly on the regular day for payment of instructor's salaries.
Clauses should be added that address:
1. How is it paid;
2. When is it paid i.e. the fifth of each month


5. AIRFARE TO KOREA:
The instructor's one-way economy class or regular class airfare to Korea will be paid by the school, or the school will reimburse to the teacher where the teacher buys the ticket. Return airfare to the teacher's home country shall be paid by the school upon completion of the 12 month contractual teaching period. Return airfare will not be provided if the teacher leaves the school prior to completion of the 12 month teaching period. The departure airport should be an international airport near teachers�� home. (Not domestic airport)

This clause should be altered to say the school ��will�� pay the airfare upfront, not reimbursement of the airfare

We will not be returning to Brisbane. I believe an equitable solution to this would be:
1. Provide a airfare to Shanghai, China; or
2. Provide a lump sum payment that equates to a return airfare to Australia.

Obviously subject to us completing the full 12 months.


6. HOUSING:

(A) The institute will provide a private single person accommodation free-of-charge to the teacher.

Is the apartment suitable for two people, as will be the case i.e would the apartment be normally used for two people.

As discussed in our interview, we require at least a one-bedroom apartment with a separate living area, not a studio.

(B) The teacher's apartment furnishings shall include: basic cooking utensils such as pots pans and dishes; a stove; a refrigerator; a bed with clean linen; a washing machine; and a closet, heater, table and chairs, TV, and phone.

(C) Costs for all utilities, including lighting, heat, and water, shall be borne by the teacher.


7. VACATION TIME:

The teacher shall enjoy 10 days of paid vacation (in addition to all Korean
national holidays and Saturdays and Sundays). The paid vacation will be normally 5 days for summer and 5 days for winter. But the schedule can be changed to suit the school��s schedule.

Insert a clause that:
The days may be consecutive if requested by the teacher;
That both can take a holiday at the same time
What is the school schedule? Obviously we don��t want to be taking a holiday one week after we arrive in Korea.


Documented sick leave and emergency leave will be paid for a combined total of 3 working days a year. The teacher should provide the institute with as much advance notice as possible.

Who do we contact to advice them of this?

Clarify what advanced notice is

The teacher should submit doctor��s prescription to the school for approval of any sick leave taken.

This clause should be amended to read ��The teacher will give a doctor��s prescription to the school at the earliest possible convenience after it has advised the school of their sickness and non attendance.

Unused sick leave may not be converted into any cash payment. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following month��s pay. The above leave will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.

What occurs if the teacher requires more than three days sick leave?

8. INCOME TAX:

Approximately 3.3% per month of the instructor's salary shall be deducted by the employer as withholding tax as provided by Korean law.

get rid of Approximately what is it, does the tax rate change in korea from month to month

9. KOREAN HEALTH INSURANCE:

The instructor will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by the employer and half by the instructor. The instructor's share of this coverage will be deducted from his/her monthly salary.

How much will be deducted from the salary

10. DUTY OF SECRECY:

(A) The instructor shall not disclose any of the contents of this agreement, including salary, to a third party (including other employees of the school)

(B) The instructor shall not disclose any information relating to the contents of lecturers and business operation of the School without prior permission of the School. Violation of this portion of the contract will cause the Instructor to be responsible to compensate the School for all possible losses suffered by the School.

11. ADDITIONAL DUTIES:

(A) The instructor is required to conduct him/herself in a professional manner and to wear neat attire while at the school. Casual clothing is acceptable, provided that it is neat and clean.

What is the minimum standard of clothing required for both men and women?

(B) The following forms of behavior will not be permitted:

1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director.

2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.

3) Making sexual advances towards, or entering into relationships with students or employees of the School.

(C) The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At least two weeks termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor.

One-month notice

Any issues that are not in breach of clause 11(b) of this contract require at least a formal notice. We have an issue that we may be arbitrarily dismissed for an issue that we are not unaware of

(D) If the teacher wishes to voluntarily resign from employment before the completion of this contract, the teacher must provide written notice to the institute at least 6 weeks before the resignation.

One-month notice

(E) For a dismissal or voluntary resignation within 8 months of this Contract period, the amount of all airfares (including Japan trip cost if the teacher came to Korea by tourist visa) will be deducted from the Employee��s last monthly salary.

6 months

The deduction will be based upon how long the teacher has been employed by the school i.e. if the teacher has worked for 3 months, the teacher will refund 50% of the initial airfare.

(F) The teacher cannot work for other schools or companies without the consent of the school.

Isn��t this illegal anyway?


12. DISPUTES:

Both parties have carefully read this contract. They have agreed to its terms in good faith, and they will attempt to resolve any disputes that may arise in accordance with the terms of the contract in a reasonable manner. All disputes which cannot be resolved by the parties to this contract will be resolved through the legal system of Korea in accordance with Korean law.


The undersigned duly agree on the contract laid out above.

I have properly ripped it up a little to much but any comments, suggestions and further issues you can see with the contract will be most great.

Regards

Penfold
[/u]

[Homer]

I think m ost of your rips are valid except the one about vacation.

There is no way the school should have to agree that you can both take your vacation at the same time. Why would they have to? You choose to come here as a couple and work at the same school...there are advantages to that (support, share accomodation with your spouse...) and inconveniences (vacation).

The remainder of your rips seem fairly reasonable.

The airfare issue should not be a deal breaker. Many schools reimburse the ticket upon arrival. Just talk to other foreign teachers at the school and ask what happened with their tickets.

What occurs if the teacher requires more than three days sick leave?

He loses pay.

What is the minimum standard of clothing required for both men and women?

Professional attire. Thats pretty standard.

The deduction will be based upon how long the teacher has been employed by the school i.e. if the teacher has worked for 3 months, the teacher will refund 50% of the initial airfare.

You can try this but most likely it will get you nowhere. 8 months is too long but 6 is par for the course.


(F) The teacher cannot work for other schools or companies without the consent of the school.

Isn��t this illegal anyway?

Yes that is legal. In fact, it is illegal for you to work anywhere else without permission from your employer and notice to immigration that you are doing so.

By the way this includes private lessons. Yes..they are illegal on an E-2.

[TheUrbanMyth]

Well I can't answer 1 and 2 as I have never lived there or worked for said school chain.


As for number three I would (see 2. Contract Duration) insist that I get my visa first before beginning to teach. Otherwise it is illegal. You must have a visa to legally teach. Most institutes will try to get you to teach for a few weeks first, but if immigration catches you, you will be fined and deported.

As for everything else it looks fairly standard, but personally I think you are running a risk of the school going with someone else. They generally don't like people being picky, and most people who come here can't really afford to be picky. Hope things work out for you.

[Grotto]

The instructor agrees to teach students at the institute at the times designated by the institute management, and agrees to develop and present educational programs for the students. The instructor agrees to follow and strictly comply with the School's policies and guidelines during the period of this agreement.

Policies should be listed....in short ask to see them before you sign!

We have an issue with the word ��develop�� in the above clause.

We were of the impression, pursuant to your email, that there was a set curriculum in place.

2. CONTRACT DURATION:

(A) It is hereby agreed between the school and the instructor that the instructor shall teach at the school for one year, starting from 29th May 2006, the teacher��s expected arrival date in Korea.

And ending on May 28th May 2007

(B) If the instructor wishes to renew his/her contract at the end of one year, he/she must inform the School two months prior to the end of one year's service, and the contract may, if both parties agree, be renewed at that time for another year by mutual agreement.

We would like a clause inserted here that states that ��the teacher will not be required to teach at the school within a 48 hour period of arriving in Korea��.

3. RESPONSIBILITIES OF TEACHER:

(A). The teacher is expected to devote no less than 1 hour a day at the institute for the lesson planning with co-teachers, student evaluations, syllabuses, telephone English, report cards, field trips, consultation with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading ones professional knowledge and skills without additional pay. The working week will follow the yearly academic calendar issued by the school,

Delete that whole section...tell them you are willing to come to class 20 minutes early to do prep. Any other requirements should be paid out as overtime! Have them clearly list the working week in your contract! Otherwise they can and will schedule classes to their convenience! No set schedule? Then no teacher!

Issues with clause:
1. Teaching English by telephone;
2. Working for at least 5 hours a week unpaid; and
3. Too vague, for example how often do we consult with parents or how often are staff meetings.
Put succinctly, we believe that this work be termed overtime and paid accordingly, failing this an increase in the basic wage.

Will we be able to use the schools equipment to assist us in lesson preparation i.e. the photocopier, stationary and Internet access

(B) The instructor's working hours (2:00pm to 9:00pm) shall be determined by the School's schedule. However, the teaching schedule can be changed according to School��s schedule.

Never let them change your schedule to suit the schools.....Otherwise they will change it and change it and change it!

This should be reworded to say ��the instructors working hours are 2.00pm to 9.00pm Monday to Friday. Any work undertaken outside these hours shall be termed overtime. If the times required to work want to be altered by the school, the hours must remain concurrent and no longer than 7 hours a day in length.

Further, could you please specify how many lessons are in this time, how long each lesson is, how often are our breaks and who will we be teaching.

Getting a clear schedule is very important!

Also the teacher will not be required to work either Saturday or Sunday unless expressly agreed to by the teacher and requested in advance of at least one week.

(C) The instructor is responsible for familiarizing him or herself with all institute materials relevant to teaching at the School. The instructor shall faithfully teach and train students at the School.

4. TEACHER��S SALARY:

(A) The teacher's total monthly salary shall be 2.0 million won. The teacher's annual salary will total 24.0 million won. A severance pay bonus equivalent to one month��s salary will also be paid at the end of the contract. This compensation is in exchange for teaching an average of 6 hours a day, five days per week.

Wait a minute?! Isnt 6 hours a day 5 days a week 30 hours? Yet a schedule of 2-9 would make 35 hours a week! Strangee!


(B) On completion of one��s responsibilities of the full contract period, the severance pay is 2.0 million won, which is equivalent to the monthly salary. It will be paid only at the completion of the contract.

(C) If the instructor teaches, by mutual agreement of the instructor and school, additional teaching hours over and above 30 hours per week, overtime compensation at 18,000 won/hour shall be paid for those hours.

Nah....dont settle for less than 20,000 for a 50 minute class of overtime!

(D) The instructor's salary will be paid monthly on the regular day for payment of instructor's salaries.
Clauses should be added that address:
1. How is it paid;
2. When is it paid i.e. the fifth of each month

You want it paid by the 5'th of the month at the latest and you want it direct deposited into your account so you have a record of their payments.


5. AIRFARE TO KOREA:
The instructor's one-way economy class or regular class airfare to Korea will be paid by the school, or the school will reimburse to the teacher where the teacher buys the ticket. Return airfare to the teacher's home country shall be paid by the school upon completion of the 12 month contractual teaching period. Return airfare will not be provided if the teacher leaves the school prior to completion of the 12 month teaching period. The departure airport should be an international airport near teachers�� home. (Not domestic airport)

This clause should be altered to say the school ��will�� pay the airfare upfront, not reimbursement of the airfare

We will not be returning to Brisbane. I believe an equitable solution to this would be:
1. Provide a airfare to Shanghai, China; or
2. Provide a lump sum payment that equates to a return airfare to Australia.

Obviously subject to us completing the full 12 months.


6. HOUSING:

(A) The institute will provide a private single person accommodation free-of-charge to the teacher.

Is the apartment suitable for two people, as will be the case i.e would the apartment be normally used for two people.

As discussed in our interview, we require at least a one-bedroom apartment with a separate living area, not a studio.

(B) The teacher's apartment furnishings shall include: basic cooking utensils such as pots pans and dishes; a stove; a refrigerator; a bed with clean linen; a washing machine; and a closet, heater, table and chairs, TV, and phone.

You will need AC Korea is hellishly hot and humid in the summer months!

(C) Costs for all utilities, including lighting, heat, and water, shall be borne by the teacher.


7. VACATION TIME:

The teacher shall enjoy 10 days of paid vacation (in addition to all Korean
national holidays and Saturdays and Sundays). The paid vacation will be normally 5 days for summer and 5 days for winter. But the schedule can be changed to suit the school��s schedule.

Insert a clause that:
The days may be consecutive if requested by the teacher;
That both can take a holiday at the same time
What is the school schedule? Obviously we don��t want to be taking a holiday one week after we arrive in Korea.


Documented sick leave and emergency leave will be paid for a combined total of 3 working days a year. The teacher should provide the institute with as much advance notice as possible.

Who do we contact to advice them of this?

Clarify what advanced notice is

The teacher should submit doctor��s prescription to the school for approval of any sick leave taken.

This clause should be amended to read ��The teacher will give a doctor��s prescription to the school at the earliest possible convenience after it has advised the school of their sickness and non attendance.

Unused sick leave may not be converted into any cash payment. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following month��s pay. The above leave will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.

What occurs if the teacher requires more than three days sick leave?

8. INCOME TAX:

Approximately 3.3% per month of the instructor's salary shall be deducted by the employer as withholding tax as provided by Korean law.

Not even close! On 2 mil its about 1.5%

get rid of Approximately what is it, does the tax rate change in korea from month to month

9. KOREAN HEALTH INSURANCE:

The instructor will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by the employer and half by the instructor. The instructor's share of this coverage will be deducted from his/her monthly salary.

How much will be deducted from the salary

Currently its 2.24% each

10. DUTY OF SECRECY:

(A) The instructor shall not disclose any of the contents of this agreement, including salary, to a third party (including other employees of the school)

Too late now!

(B) The instructor shall not disclose any information relating to the contents of lecturers and business operation of the School without prior permission of the School. Violation of this portion of the contract will cause the Instructor to be responsible to compensate the School for all possible losses suffered by the School.

11. ADDITIONAL DUTIES:

(A) The instructor is required to conduct him/herself in a professional manner and to wear neat attire while at the school. Casual clothing is acceptable, provided that it is neat and clean.

What is the minimum standard of clothing required for both men and women?

(B) The following forms of behavior will not be permitted:

1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director.

2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.

3) Making sexual advances towards, or entering into relationships with students or employees of the School.

(C) The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner. At least two weeks termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor.

One-month notice

Any issues that are not in breach of clause 11(b) of this contract require at least a formal notice. We have an issue that we may be arbitrarily dismissed for an issue that we are not unaware of

(D) If the teacher wishes to voluntarily resign from employment before the completion of this contract, the teacher must provide written notice to the institute at least 6 weeks before the resignation.

One-month notice

(E) For a dismissal or voluntary resignation within 8 months of this Contract period, the amount of all airfares (including Japan trip cost if the teacher came to Korea by tourist visa) will be deducted from the Employee��s last monthly salary.

6 months

The deduction will be based upon how long the teacher has been employed by the school i.e. if the teacher has worked for 3 months, the teacher will refund 50% of the initial airfare.

(F) The teacher cannot work for other schools or companies without the consent of the school.

Isn��t this illegal anyway?


12. DISPUTES:

Both parties have carefully read this contract. They have agreed to its terms in good faith, and they will attempt to resolve any disputes that may arise in accordance with the terms of the contract in a reasonable manner. All disputes which cannot be resolved by the parties to this contract will be resolved through the legal system of Korea in accordance with Korean law.


The undersigned duly agree on the contract laid out above.

[bellum99]

I see no mention of a pension.

[penfold]

Thanks for the info, i 've sent the contract back to the agency with a smaller list of issues i have; the most important one being the 'working for one hour a day unpaid ' clause. Hopefully we can can work someone out.

I pretty much said i wanted that clause deleted and rewritten. In your experience what is the chance of this type of negotiation occuring succesfully?

also I went to the website regarding the tax rate; specifically this site: http://nts.go.kr/front/service/refer_cal/gani/refer_gani_eng.asp

to try to work out my tax rate however when i put in 2 million it brings up an error message. Can any one explain how i get this site to work.

Again if anyone has any experience working in sokcho or the said AP english school any opinions would be great.

regards

[Grotto]

The tax site: you enter the number in 1000's so 2 mil would be 2,000. If you entered in 2,000,000 then it thinks you are being paid 2 billion a month

I notice someone said pension....but as the OP is from Australia they really dont want to pay into it as they wont get it back!

Stick to your guns in contract negotiation...if you cave you end up stuck with crap with no one to blame but yourself!

[VanIslander]

[penfold]

Thanks for the heads up on the tax issue - found out it was about 1.4%

The question is the school just trying to rip me off straight off saying it is 3.5%?

While i have only been looking seriously for a week should i just accept these things in the contract's i am sent or are there schools who know what their countries tax rate are?

Maybe it is just me, being a solicitor and therefore picking the contract apart alot and thinking the worse, but it seems that no matter what is in the contract or what the school says i will end up being screwed.

[Grotto]

The school isnt necessarily trying to rip you off....its more along the lines that they have no clue so they put in a rate they think is about right. Make sure that you tell them what rate you want and show them where you got it from.

Its a sad truth that most hogwan owners wander between evil and incompetant

[jacl]

Sometimes those phone job things are just BS added into the contract because the employer has a generic contract. To be safe though, get it deleted.

[justagirl]

The tax rate is 1.4%???? That doesn't seem right at all. Most hakwons have a tax rate between 3.5 and 5%. Within that range, it's not unreasonable. If it were over 5%, then you have something to be picky about. I have never heard of anyone paying less than 3% for taxes.

[jacl]

[schwa]

[teachmeenglish]

Good luck,

Sokcho is a beautiful place to live. Not much nightlife and not too many forieners, but that is also what is good about it.

As for your contract, just remember that your contract is wrth toilet paper. I once had it said to me that a contract is Korea is the startign barganing position. In reality, if the school breaks your contract you can A) Quit, leave Korea and not work here again for up to a year, or B) Take it up the you know what, resultign in a school atmosphere of unhappiness and anger. your best bet is to talk to previous staff to see the nature of the school. My guess is that 50% of owners are cool and 50% are either blind, supid or criminal. in some ways, it is best to not fight too much over the small things in the contract and spend your efforts getting into a school with a cool owner.