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mamaille
Joined: 14 Jun 2006 Location: seoul- close to olympic park
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Posted: Fri Jun 23, 2006 6:38 am Post subject: Please help scared newbie with contract review |
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Ok, I've been reading postings on this site and it's been informative, but I'm so scared of what I'm getting myself into. Please look over the contract and let me know what you think. If anyone is familiar with the school and town I would appreciate some honest info too. Thank you.
Employment contract
This Employment Agreement has been made by and between Oh, Yes Institute located in Bangbae dong, Seoul, South Korea (Employer) and XXXXX, a citizen of the United States of America (Employee). The employer wishes to engage the service of the employee to work as an English teacher at the Employer's school from the 14th of August, 2006 to the 13th of August, 2007 and the employee agrees to work under the terms and conditions of this contract.
1. Schedule
The employee�s teaching hours will be a maximum of 30 hours per week, Monday through to Friday. Class preparation time is not included in the above 30 hours. The employee�s regular working hours are from 9:00am to 6:00pm. Classes and teaching schedule will be organized by the supervisor and may change regularly to be flexible with the needs and situation of the school and children.
Also, the employee will be expected to participate in regular teacher's meetings and school events (for example: orientation day, open class day, halloween party, christmas party and graduation) that may occur during the weekday, weekend or national holiday. Please note, it is very rare that you will be asked to work on a weekend or national holiday, however some activities are planned on a weekend or holiday to allow mothers and fathers to attend.
2. Pay / Overtime
The employer agrees to pay the Employee a basic salary of \2,100,000 a month. The salary will be paid to the Employee on the 25th of every month. The monthly salary includes payment for teaching hours as well as preparation and administrative duties connected with the employee�s classes. For example: attending staff meetings, school's annual events (such as children's olympics, halloween party, christmas party, open class), evaluation of children�s levels and other similar administrative activities scheduled by the employer. When the employee does not cover all 30 hours per week, the monthly salary will not be deducted.
Overtime which occurs when the employee teaches more than 30 hours a week, will be paid by the employer at a rate of \18,000 per hour. However, overtime that occurs in order to cover missed teaching hours will not be paid, because those classes will be considered as make-up classes and not overtime.
3. Severance payment
The Employee will be given a bonus of one-months salary (\ 2,100,000) at the completion of the one-year contract period. This amount will be paid at the time of your final pay. The severance payment is dependent on the completion of the full contract term.
4. Air ticket
A round trip air ticket to Incheon airport will be paid to the employee. There are two options for organizing the air-ticket. The air-ticket can be organized and paid for by the employer on behalf of the employee. Alternatively, the employee can organize and pay for the air ticket and the employer will reimburse the employee for the cost of the air ticket within 1 week of commencing the job.
The return flight home will be organized and paid for by the employer on the condition that the employer completes the end of the contract period. If the employee breaks the contract and leaves the position prematurely (before the 23rd of July, 2007), the employee will be responsible for paying back the employer the full cost of the air travel and associated immigration and visa costs which the company paid to hire the employee.
5. Housing
A furnished, private officetel or one room studio style apartment will be provided to the employee. The rental costs will be paid by the employer, however all running costs (including electricity, gas, water bill, telephone, cable, internet and other utility charges) other than the rental of the housing are to be paid by the employee. The employer will provide basic furnishing such as a (bed, closet, table, refrigerator, washing machine and kitchen cookwear and utensils).
The employer will deduct 100,000 Korean won from the employee's monthly salary for three months to make W300,000 Korean won in total for a housing management deposit. The deposit will be used to cover unpaid monthly service, utility, and telephone charges that are billed in the month following the end of the employee's contract period. Once all monthly service, utility and telephone charges have been paid, the employer will return any remaining funds to the employee. The employee will need to provide the employer with their postal or banking details to enable the money to be returned to them.
6. Medical Insurance
The employer agrees to provide medical insurance for the Employee. The employee is responsible for paying half of the insurance premium which is approximately W45,000 per month. Dental insurance is not covered in the insurance policy nor are pre-existing conditions that the employee has incurred prior to arriving in Korea.
7. Accident Compensation
In the event that the employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, the employee understands and agrees that the employer will bear no responsibility for, nor obligation to pay medical and hospital costs which are in excess of those covered by medical insurance.
8. Teaching Materials
The employee will be given textbooks for classes and will have access to a wide range of teaching resources and materials which will help in creating fun and interesting lessons. The employee is responsible for preparing all lessons prior to all classes. However, there may be occasions where the employee is given very little preparation time and will need to be flexible and adaptable to create a suitable lesson in a short timeframe. Also, the employee may be expected to work in the classroom with little or no assistance from the Korean teachers. The employee will need to have some skill and experience in good classroom management.
9. Holidays / Sick days / Lateness / Absence
Holidays
The employee�s holidays consist of Korean national holidays (approximately 13-15days) and 10 days paid vacation. The employer will pay for all of the national holidays and vacation days within the monthly pay period that they occur. Also, the employee may occasionally be required to work on a national holiday (for example: children�s day). The employee�s vacation days are limited to the holiday schedule set by the school. The employee must seek approval to take their national holidays at least 2 weeks prior to commencing the holiday.
Sick Days
The employee is entitled to 3 days of paid sick leave per year, however will need to provide a doctor�s certificate to show evidence of illness and doctor�s recommendation of sick days required. All other sick days will be deducted from the employee�s monthly salary. The teacher may be required to provide make-up lessons. If more than 30 teaching hours are performed due to make-up lessons, overtime will not be paid. (Please refer to the overtime section within this contract).
Lateness
If the employee is late for work or late to a class without at least 10 minutes notification, one-hour rate of pay may be deducted from the employee�s salary.
10. The Employee's Obligation
1) The employee shall observe the employer's work system and regulations concerning administration of foreign experts and shall accept the employer's arrangements, direction, supervision and evaluation in regard to his / her work.
2) The employee shall not render any employment service or hold concurrently any post unrelated to the work agreed on with the Employer.
3) The employee shall complete all the classes and administrative tasks assigned to them and guarantee the quality of their work.
4) Professional dress and grooming in the work are essential to maintain the desired reputation to the school. The employer has established general guidelines for this.
*Dress Code:
Shorts, barefeet, t-shirt, sleeveless shirt, tear jeans, tattoos are prohibited.
Female teachers should wear long pants or long skirt, modest shirt with sleeves (not revealing), stockings or socks.
Male teachers should wear a button-down shirt, trousers, neck-tie, belt, socks.
Neat and clean outfits should be worn and the employee should groom them selves presentably with appropriate hairstyles and make-up.
5) The employee shall be expected to prepare daily lessons and materials for the class beforehand.
6) The employee may be required to attend all staff meetings. If the employee must be absent, he or she should inform the employer prior to the meeting.
7) The employee should attend all the teacher's training that are held during the year. These may occasionally occur on a weekend or national holiday.
The Employee may be required to complete some of the following administrative tasks in addition to teaching classes: complete daily lesson reports; complete weekly lesson plan overview; interview new students; make phone calls to students and/or parents; develop and administer tests to evaluate student�s placement level or growth in learning.
9) If the employee needs to be absent from a class for reasons other than sickness or planned holiday, and the reason for absence is related to their employment, then the employee needs to discuss this with the employer and seek approval at least 1 week prior to the absence. (For example, travel to Seoul immigration office to apply for alien registration). In some cases, make-up lessons may be required. If more than 30 teaching hours are performed due to make-up lessons, overtime will not be paid. (Please refer to the overtime section within this contract).
10) The employee shall respect the Korean people's moral standards and customs.
11) The employee shall not harass any children verbally, physically or sexually in his or her charge. If this occurs, the employee must understand that she or he may be instantly dismissed and may be referred to the legal authorities and have legal responsibility for their actions to the school and parents of the child/children. Please be aware that web camera�s are in operation throughout the school so that children�s parents can observe their child and teacher in the classrooms.
12) The employee will not be expected to tolerate any form of verbal, physical or sexual harassment from students, staff or parents and also have the right to seek legal advise if this occurs.
13) At all times during the term of this agreement, the employee will directly adhere to and obey all the rules and regulations that have been or may hereafter be established, by the employer which relate to the conduct of the employee or general conduct of instructors at the place of employment.
11. Taxes
Taxes such as income tax, residential tax, medical insurance will be calculated in accordance with the Korean laws and will be deducted automatically from the Employee's monthly salary. The total of the income and residence tax will be 4 to 6% depending on the employee�s business skill.
12. Relocation and Orientation Time
The employee will be allowed several days from the date of arrival in Korea for adjustment and school orientation before beginning regular teaching duties. The employee will be paid from the date they start regular teaching duties. Orientation will involve observing the teachers and the schooling system and preparing materials ready for beginning lessons. Orientation will take approximately 3-5 days and the employee will be paid based on the number of days they spend in the office or performing work related activities.
13. Renewal of Agreement
Upon completion of one-year teaching period, both parties can renew the agreement under mutual consent. The employee agrees to give written notification, 60 days prior to completing the contract to let the employer know of their intention to renew or cancel the contract.
14. Termination
The employer reserves the right to terminate this contract with 2 weeks written notice to the employee under the following conditions.
1) The employee does not fulfill the contract obligations according to the terms stipulated, and fails to amend after the employer has pointed it out.
2) According to the doctor's diagnosis, the employee cannot continue normal work.
3) Blatant misconduct by the employee either professional or otherwise.
4) The employee or dependents violate Korean law.
5) The children or parents complain about the employee and / or the employee's teaching method in the class.
The employer and the employee may terminate the contract by giving 60 days advance notice in writing with proper reasons accepted by both parties. The proper reasons and adequate grounds must he provided in order for the contract to be dissolved.
If the employee wants to terminate the contract prior to the contracted date without acceptable cause, the employee will be responsible for paying back to the employer all the relevant expenses incurred by the employer according to the contract as stipulated herein.
15. Arbitration
The two parties shall consult with each other and meditate any disputes, which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign affairs in Korea according to the Korean Regulations and Codes.
Both parties have executed this agreement on the date indicated below to be effective right away. Intending to be legally bound to, and in witness of, the employer and the employee have appended their signatures. This agreement will automatically expire when the contract ends if not renewed otherwise.
This contract is signed in duplicate on the day of July, 2006, in English for each party's perusal and keeping.
The Employer's name:
Last edited by mamaille on Fri Jun 23, 2006 9:45 am; edited 1 time in total |
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Grotto

Joined: 21 Mar 2004
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Posted: Fri Jun 23, 2006 7:14 am Post subject: |
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Employment contract
This Employment Agreement has been made by and between Oh, Yes Institute located in Bangbae dong, Seoul, South Korea (Employer) and XXXXX, a citizen of the United States of America (Employee). The employer wishes to engage the service of the employee to work as an English teacher at the Employer's school from the 14th of August, 2006 to the 13th of August, 2007 and the employee agrees to work under the terms and conditions of this contract.
1. Schedule
The employee’s teaching hours will be a maximum of 30 hours per week, Monday through to Friday. Class preparation time is not included in the above 30 hours. The employee’s regular working hours are from 9:00am to 6:00pm. Classes and teaching schedule will be organized by the supervisor and may change regularly to be flexible with the needs and situation of the school and children.
Right here is the problem! 9-6 is 9 hours a day....thats 45 hours a week....right there I would say no! Classes being changed at the whim of the school? No way #2!
Also, the employee will be expected to participate in regular teacher's meetings and school events (for example: orientation day, open class day, halloween party, christmas party and graduation) that may occur during the weekday, weekend or national holiday. Please note, it is very rare that you will be asked to work on a weekend or national holiday, however some activities are planned on a weekend or holiday to allow mothers and fathers to attend.
No way again! These will be unpaid events....while they may be fun they shouldnt be mandatory!......very rare they just listed 5 days
2. Pay / Overtime
The employer agrees to pay the Employee a basic salary of \2,100,000 a month. The salary will be paid to the Employee on the 25th of every month. The monthly salary includes payment for teaching hours as well as preparation and administrative duties connected with the employee’s classes. For example: attending staff meetings, school's annual events (such as children's olympics, halloween party, christmas party, open class), evaluation of children’s levels and other similar administrative activities scheduled by the employer. When the employee does not cover all 30 hours per week, the monthly salary will not be deducted.
Overtime which occurs when the employee teaches more than 30 hours a week, will be paid by the employer at a rate of \18,000 per hour. However, overtime that occurs in order to cover missed teaching hours will not be paid, because those classes will be considered as make-up classes and not overtime.
Fxck this contract! ITS CRAP!
3. Severance payment
The Employee will be given a bonus of one-months salary (\ 2,100,000) at the completion of the one-year contract period. This amount will be paid at the time of your final pay. The severance payment is dependent on the completion of the full contract term.
4. Air ticket
A round trip air ticket to Incheon airport will be paid to the employee. There are two options for organizing the air-ticket. The air-ticket can be organized and paid for by the employer on behalf of the employee. Alternatively, the employee can organize and pay for the air ticket and the employer will reimburse the employee for the cost of the air ticket within 1 week of commencing the job.
The return flight home will be organized and paid for by the employer on the condition that the employer completes the end of the contract period. If the employee breaks the contract and leaves the position prematurely (before the 23rd of July, 2007), the employee will be responsible for paying back the employer the full cost of the air travel and associated immigration and visa costs which the company paid to hire the employee.
not your responsability! air travel to Korea should be waived after 6 months as well!
5. Housing
A furnished, private officetel or one room studio style apartment will be provided to the employee. The rental costs will be paid by the employer, however all running costs (including electricity, gas, water bill, telephone, cable, internet and other utility charges) other than the rental of the housing are to be paid by the employee. The employer will provide basic furnishing such as a (bed, closet, table, refrigerator, washing machine and kitchen cookwear and utensils).
and aircon
The employer will deduct 100,000 Korean won from the employee's monthly salary for three months to make W300,000 Korean won in total for a housing management deposit. The deposit will be used to cover unpaid monthly service, utility, and telephone charges that are billed in the month following the end of the employee's contract period. Once all monthly service, utility and telephone charges have been paid, the employer will return any remaining funds to the employee. The employee will need to provide the employer with their postal or banking details to enable the money to be returned to them.
Just say no to deposits....if you say no they cant force you.....the way these clauses should be written is: employee will provide reciepts showing that the monthly bills have been paid....employee agrees to leave a deposit of an average of one months bills to the school. Any money left over will be returned to the teacher by mail.
6. Medical Insurance
The employer agrees to provide medical insurance for the Employee. The employee is responsible for paying half of the insurance premium which is approximately W45,000 per month. Dental insurance is not covered in the insurance policy nor are pre-existing conditions that the employee has incurred prior to arriving in Korea.
7. Accident Compensation
In the event that the employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, the employee understands and agrees that the employer will bear no responsibility for, nor obligation to pay medical and hospital costs which are in excess of those covered by medical insurance.
8. Teaching Materials
The employee will be given textbooks for classes and will have access to a wide range of teaching resources and materials which will help in creating fun and interesting lessons. The employee is responsible for preparing all lessons prior to all classes. However, there may be occasions where the employee is given very little preparation time and will need to be flexible and adaptable to create a suitable lesson in a short timeframe. Sadly true Also, the employee may be expected to work in the classroom with little or no assistance from the Korean teachers. The employee will need to have some skill and experience in good classroom management.
9. Holidays / Sick days / Lateness / Absence
Holidays
The employee’s holidays consist of Korean national holidays (approximately 13-15days) and 10 days paid vacation. The employer will pay for all of the national holidays and vacation days within the monthly pay period that they occur. Also, the employee may occasionally be required to work on a national holiday (for example: children’s day). The employee’s vacation days are limited to the holiday schedule set by the school. The employee must seek approval to take their national holidays at least 2 weeks prior to commencing the holiday.
WTF? you have to get approval to take a notional holiday thats just crazy!
its illegal for them to force you to work on a national holiday!
Sick Days
The employee is entitled to 3 days of paid sick leave per year, however will need to provide a doctor’s certificate to show evidence of illness and doctor’s recommendation of sick days required. All other sick days will be deducted from the employee’s monthly salary. The teacher may be required to provide make-up lessons. If more than 30 teaching hours are performed due to make-up lessons, overtime will not be paid. (Please refer to the overtime section within this contract).
CRAP CONTRACT TO THE EXTREME! Only a retard would work for these fockers!
Lateness
If the employee is late for work or late to a class without at least 10 minutes notification, one-hour rate of pay may be deducted from the employee’s salary.
Illegal penalty clause!
10. The Employee's Obligation
1) The employee shall observe the employer's work system and regulations concerning administration of foreign experts and shall accept the employer's arrangements, direction, supervision and evaluation in regard to his / her work.
2) The employee shall not render any employment service or hold concurrently any post unrelated to the work agreed on with the Employer.
3) The employee shall complete all the classes and administrative tasks assigned to them and guarantee the quality of their work.
4) Professional dress and grooming in the work are essential to maintain the desired reputation to the school. The employer has established general guidelines for this.
*Dress Code:
Shorts, barefeet, t-shirt, sleeveless shirt, tear jeans, tattoos are prohibited.
dumbasses to the max!
Female teachers should wear long pants or long skirt, modest shirt with sleeves (not revealing), stockings or socks.
Male teachers should wear a button-down shirt, trousers, neck-tie, belt, socks.
Neat and clean outfits should be worn and the employee should groom them selves presentably with appropriate hairstyles and make-up.
5) The employee shall be expected to prepare daily lessons and materials for the class beforehand.
6) The employee may be required to attend all staff meetings. If the employee must be absent, he or she should inform the employer prior to the meeting.
7) The employee should attend all the teacher's training that are held during the year. These may occasionally occur on a weekend or national holiday.
Crappiest contract ever!
The Employee may be required to complete some of the following administrative tasks in addition to teaching classes: complete daily lesson reports; complete weekly lesson plan overview; interview new students; make phone calls to students and/or parents; develop and administer tests to evaluate student’s placement level or growth in learning.
NEVER AGREE TO PHONE TEACHING!
9) If the employee needs to be absent from a class for reasons other than sickness or planned holiday, and the reason for absence is related to their employment, then the employee needs to discuss this with the employer and seek approval at least 1 week prior to the absence. (For example, travel to Seoul immigration office to apply for alien registration). In some cases, make-up lessons may be required. If more than 30 teaching hours are performed due to make-up lessons, overtime will not be paid. (Please refer to the overtime section within this contract).
holy crap these guys suck ass!
10) The employee shall respect the Korean people's moral standards and customs.
Well if a Korean wrote this contact it shows us that particular Korean lacks any moral standards!
11) The employee shall not harass any children verbally, physically or sexually in his or her charge. If this occurs, the employee must understand that she or he may be instantly dismissed and may be referred to the legal authorities and have legal responsibility for their actions to the school and parents of the child/children. Please be aware that web camera’s are in operation throughout the school so that children’s parents can observe their child and teacher in the classrooms.
so you cant yell at little min-su when he dongchims you....
12) The employee will not be expected to tolerate any form of verbal, physical or sexual harassment from students, staff or parents and also have the right to seek legal advise if this occurs.
wouldnt you like to see that Your honor I was dongchimmed by one of my students and I am seeking damages to the tune of 1,000,000,000 won...what a crock of shyte!
13) At all times during the term of this agreement, the employee will directly adhere to and obey all the rules and regulations that have been or may hereafter be established, by the employer which relate to the conduct of the employee or general conduct of instructors at the place of employment.
sorry dumbass but you cant make things up at a future date....the contract is only relevant to the rules and regulations in existence at the time of its writing!
11. Taxes
Taxes such as income tax, residential tax, medical insurance will be calculated in accordance with the Korean laws and will be deducted automatically from the Employee's monthly salary. The total of the income and residence tax will be 4 to 6% depending on the employee’s business skill.
Again.....its not 4-6%...its more like 1.7%
12. Relocation and Orientation Time
The employee will be allowed several days from the date of arrival in Korea for adjustment and school orientation before beginning regular teaching duties. The employee will be paid from the date they start regular teaching duties. Orientation will involve observing the teachers and the schooling system and preparing materials ready for beginning lessons. Orientation will take approximately 3-5 days and the employee will be paid based on the number of days they spend in the office or performing work related activities.
just out of curiosity how much would you pay someone for for slaving away for 3-5 days?
13. Renewal of Agreement
Upon completion of one-year teaching period, both parties can renew the agreement under mutual consent. The employee agrees to give written notification, 60 days prior to completing the contract to let the employer know of their intention to renew or cancel the contract.
Not gonna happen with these dumbasses!
14. Termination
The employer reserves the right to terminate this contract with 2 weeks written notice to the employee under the following conditions.
30 days notice required by law.....where are the moral standards now?
1) The employee does not fulfill the contract obligations according to the terms stipulated, and fails to amend after the employer has pointed it out.
2) According to the doctor's diagnosis, the employee cannot continue normal work.
3) Blatant misconduct by the employee either professional or otherwise.
4) The employee or dependents violate Korean law.
BUT BUT BUT YOU have already violated Korean law in writing this crap contract
5) The children or parents complain about the employee and / or the employee's teaching method in the class.
For the love of Pete! Can you say 'customized contract to fire you at the 11'th hour?"
The employer and the employee may terminate the contract by giving 60 days advance notice in writing with proper reasons accepted by both parties. The proper reasons and adequate grounds must he provided in order for the contract to be dissolved.
Well we will have no problems finding adequate grounds for dissolving this contract....ITS CRAP!
If the employee wants to terminate the contract prior to the contracted date without acceptable cause, the employee will be responsible for paying back to the employer all the relevant expenses incurred by the employer according to the contract as stipulated herein.
does it surprise me? Should it? What a bucket of crap!
15. Arbitration
The two parties shall consult with each other and meditate any disputes, which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign affairs in Korea according to the Korean Regulations and Codes.
They should have done that before they posted it!
Both parties have executed this agreement on the date indicated below to be effective right away. Intending to be legally bound to, and in witness of, the employer and the employee have appended their signatures. This agreement will automatically expire when the contract ends if not renewed otherwise.
This contract is signed in duplicate on the day of July, 2006, in English for each party's perusal and keeping.
The Employer's name: Lee Keum Ja
First of all slap yourself for posting this here....if you are too stupid to see just how freakin horrible this contract is then you deserve the year of absolute misery it would bring you.
Crap hours, crap pay considering the hours, working weekends CRAP! Working national holidays CRAP, crap tax, crappy illegal penalty clauses.....to sum it up CRAP CONTRACT |
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alabamaman
Joined: 25 Apr 2006
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Posted: Fri Jun 23, 2006 9:26 am Post subject: |
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Ok, I've been reading postings on this site and it's been informative, but I'm so scared of what I'm getting myself into. Please look over the contract and let me know what you think. If anyone is familiar with the school and town I would appreciate some honest info too. Thank you.
Employment contract
This Employment Agreement has been made by and between Oh, Yes Institute located in Bangbae dong, Seoul, South Korea (Employer) and XXXXX, a citizen of the United States of America (Employee). The employer wishes to engage the service of the employee to work as an English teacher at the Employer's school from the 14th of August, 2006 to the 13th of August, 2007 and the employee agrees to work under the terms and conditions of this contract.
The employment dates commence from the issue date until the expiry date on your E2 Visa. Make sure the dates of employment are correct, and get them written in the contract. You should also have contractual language stating, "The employee will work for the employer when the employee has been issued an E2 Visa by Korean Immigration Officials." Employers in Korea have a reputation for pressuring new teachers into working illegally while on a Tourist Visa.
1. Schedule
The employee�s teaching hours will be a maximum of 30 hours per week, Monday through to Friday. Class preparation time is not included in the above 30 hours. The employee�s regular working hours are from 9:00am to 6:00pm. Classes and teaching schedule will be organized by the supervisor and may change regularly to be flexible with the needs and situation of the school and children.
If you choose to sign this contract, you would be working 45 hours per week. That's a recipe for disaster! Employees should be paid for preparation time, but I wouldn't force this issue. There should be contractual language stating how long this employer wants you to come in before each class throughout the contract period for preparation. This institution is violating Korean Labor Laws if they are not giving their employees a one hour recess period, since they are working more than eight hours per day. Insist on having contractual language stating you will have a one hour recess period. You may also want to think about teaching 6 hour shifts instead of these 9 hour shifts.
Also, the employee will be expected to participate in regular teacher's meetings and school events (for example: orientation day, open class day, halloween party, christmas party and graduation) that may occur during the weekday, weekend or national holiday.
Your entitled to all Korean National holidays! "National holiday" needs to be removed from this contract. If you work on weekends (No Sundays), you should also get paid overtime wages. Get this written in the contract.
Please note, it is very rare that you will be asked to work on a weekend or national holiday, however some activities are planned on a weekend or holiday to allow mothers and fathers to attend.
Ditto from previous
2. Pay / Overtime
The employer agrees to pay the Employee a basic salary of \2,100,000 a month. The salary will be paid to the Employee on the 25th of every month. The monthly salary includes payment for teaching hours as well as preparation and administrative duties connected with the employee�s classes. For example: attending staff meetings, school's annual events (such as children's olympics, halloween party, christmas party, open class), evaluation of children�s levels and other similar administrative activities scheduled by the employer. When the employee does not cover all 30 hours per week, the monthly salary will not be deducted.
Overtime which occurs when the employee teaches more than 30 hours a week, will be paid by the employer at a rate of \18,000 per hour. However, overtime that occurs in order to cover missed teaching hours will not be paid, because those classes will be considered as make-up classes and not overtime.
3. Severance payment
The Employee will be given a bonus of one-months salary (\ 2,100,000) at the completion of the one-year contract period. This amount will be paid at the time of your final pay. The severance payment is dependent on the completion of the full contract term.
Peachy
4. Air ticket
A round trip air ticket to Incheon airport will be paid to the employee. There are two options for organizing the air-ticket. The air-ticket can be organized and paid for by the employer on behalf of the employee. Alternatively, the employee can organize and pay for the air ticket and the employer will reimburse the employee for the cost of the air ticket within 1 week of commencing the job.
Employer pays for air ticket from "point of hire." Make sure you have contractual language indicating what you want.
The return flight home will be organized and paid for by the employer on the condition that the employer completes the end of the contract period. If the employee breaks the contract and leaves the position prematurely (before the 23rd of July, 2007), the employee will be responsible for paying back the employer the full cost of the air travel and associated immigration and visa costs which the company paid to hire the employee.
If they haven't paid for the ticket to your "point of hire," then it would make more sense if you paid the employer back for the ticket from the "point of hire" if you have not worked six months. After six months, airfare reimbursements should be waived. Insist that it's written in the contract. You may also want to have contractual language stating how much the ticket was from the "point of hire," and when it was purchased. If you do break your contract early, then you will know how much the ticket really costs so they don't try and pull the wool over your eyes. Remove all contractual language associated with reimbursements for visa costs.
5. Housing
A furnished, private officetel or one room studio style apartment will be provided to the employee. The rental costs will be paid by the employer, however all running costs (including electricity, gas, water bill, telephone, cable, internet and other utility charges) other than the rental of the housing are to be paid by the employee. The employer will provide basic furnishing such as a (bed, closet, table, refrigerator, washing machine and kitchen cookwear and utensils).
The employer will deduct 100,000 Korean won from the employee's monthly salary for three months to make W300,000 Korean won in total for a housing management deposit.
They are only allowed to make such pay deductions if there is a collective agreement between both parties pursuant to applicable Korean Labor Laws. If the don't remove this after being asked to, then they are violating Korean Labor Law!
The deposit will be used to cover unpaid monthly service, utility, and telephone charges that are billed in the month following the end of the employee's contract period. Once all monthly service, utility and telephone charges have been paid, the employer will return any remaining funds to the employee. The employee will need to provide the employer with their postal or banking details to enable the money to be returned to them.
6. Medical Insurance
The employer agrees to provide medical insurance for the Employee. The employee is responsible for paying half of the insurance premium which is approximately W45,000 per month. Dental insurance is not covered in the insurance policy nor are pre-existing conditions that the employee has incurred prior to arriving in Korea.
The following questions below should be answered
When will your employer enroll you in the Korean National Health Insurance Plan?
What is the exact amount the employer will deduct from your monthly salary?
What percentage of your monthly salary will your employer deduct? 4.5%
How much will the employer pay to the National Health Insurance Corporation every 3 months for lump sum payments?
When will you be presented with your insurace card?
7. Accident Compensation
In the event that the employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, the employee understands and agrees that the employer will bear no responsibility for, nor obligation to pay medical and hospital costs which are in excess of those covered by medical insurance.
8. Teaching Materials
The employee will be given textbooks for classes and will have access to a wide range of teaching resources and materials which will help in creating fun and interesting lessons. The employee is responsible for preparing all lessons prior to all classes. However, there may be occasions where the employee is given very little preparation time and will need to be flexible and adaptable to create a suitable lesson in a short timeframe.
Also, the employee may be expected to work in the classroom with little or no assistance from the Korean teachers.
I would get this rewritten, as you may need some assistance when you first start teaching from Korean Teachers.
The employee will need to have some skill and experience in good classroom management.
I don't know what your theories are on classroom management, but buckle-up for a ride. Korean parents believe cold heartedly they should be the only ones who should discipline their children, and not the foreign teachers. If you discipline children make sure your on the same page with your director. The kids will most likely complain. Parents call director, and director rips you a new flower pot. It may be a good idea to document cases when you discipline students to CYA, and see if you can have someone sign off on it. One copy for you, and one copy for the director. It's one way to CYA! It's just an idea though, and food for thought.
9. Holidays / Sick days / Lateness / Absence
Holidays
The employee�s holidays consist of Korean national holidays (approximately 13-15days) and 10 days paid vacation. The employer will pay for all of the national holidays and vacation days within the monthly pay period that they occur. Also, the employee may occasionally be required to work on a national holiday (for example: children�s day). The employee�s vacation days are limited to the holiday schedule set by the school. The employee must seek approval to take their national holidays at least 2 weeks prior to commencing the holiday.
They employee must seek approval to take their national holidays at least 2 weeks prior to commencing the holiday. This is f*****g s**t. Your entitled to national holidays as I said earlier and I've never seen such bull***t contractual language. Insist that it's removed!
Sick Days
The employee is entitled to 3 days of paid sick leave per year, however will need to provide a doctor�s certificate to show evidence of illness and doctor�s recommendation of sick days required. All other sick days will be deducted from the employee�s monthly salary. The teacher may be required to provide make-up lessons. If more than 30 teaching hours are performed due to make-up lessons, overtime will not be paid. (Please refer to the overtime section within this contract).
Lateness
If the employee is late for work or late to a class without at least 10 minutes notification, one-hour rate of pay may be deducted from the employee�s salary.
10. The Employee's Obligation
1) The employee shall observe the employer's work system and regulations concerning administration of foreign experts and shall accept the employer's arrangements, direction, supervision and evaluation in regard to his / her work.
2) The employee shall not render any employment service or hold concurrently any post unrelated to the work agreed on with the Employer.
3) The employee shall complete all the classes and administrative tasks assigned to them and guarantee the quality of their work.
4) Professional dress and grooming in the work are essential to maintain the desired reputation to the school. The employer has established general guidelines for this.
*Dress Code:
Shorts, barefeet, t-shirt, sleeveless shirt, tear jeans, tattoos are prohibited.
Female teachers should wear long pants or long skirt, modest shirt with sleeves (not revealing), stockings or socks.
Male teachers should wear a button-down shirt, trousers, neck-tie, belt, socks.
Neat and clean outfits should be worn and the employee should groom them selves presentably with appropriate hairstyles and make-up.
5) The employee shall be expected to prepare daily lessons and materials for the class beforehand.
6) The employee may be required to attend all staff meetings. If the employee must be absent, he or she should inform the employer prior to the meeting.
7) The employee should attend all the teacher's training that are held during the year. These may occasionally occur on a weekend or national holiday.
The Employee may be required to complete some of the following administrative tasks in addition to teaching classes: complete daily lesson reports; complete weekly lesson plan overview; interview new students; make phone calls to students and/or parents; develop and administer tests to evaluate student�s placement level or growth in learning.
9) If the employee needs to be absent from a class for reasons other than sickness or planned holiday, and the reason for absence is related to their employment, then the employee needs to discuss this with the employer and seek approval at least 1 week prior to the absence. (For example, travel to Seoul immigration office to apply for alien registration). In some cases, make-up lessons may be required. If more than 30 teaching hours are performed due to make-up lessons, overtime will not be paid. (Please refer to the overtime section within this contract).
10) The employee shall respect the Korean people's moral standards and customs.
11) The employee shall not harass any children verbally, physically or sexually in his or her charge. If this occurs, the employee must understand that she or he may be instantly dismissed and may be referred to the legal authorities and have legal responsibility for their actions to the school and parents of the child/children. Please be aware that web camera�s are in operation throughout the school so that children�s parents can observe their child and teacher in the classrooms.
12) The employee will not be expected to tolerate any form of verbal, physical or sexual harassment from students, staff or parents and also have the right to seek legal advise if this occurs.
13) At all times during the term of this agreement, the employee will directly adhere to and obey all the rules and regulations that have been or may hereafter be established, by the employer which relate to the conduct of the employee or general conduct of instructors at the place of employment.
11. Taxes
Taxes such as income tax, residential tax, medical insurance will be calculated in accordance with the Korean laws and will be deducted automatically from the Employee's monthly salary. The total of the income and residence tax will be 4 to 6% depending on the employee�s business skill.
12. Relocation and Orientation Time
The employee will be allowed several days from the date of arrival in Korea for adjustment and school orientation before beginning regular teaching duties. The employee will be paid from the date they start regular teaching duties. Orientation will involve observing the teachers and the schooling system and preparing materials ready for beginning lessons. Orientation will take approximately 3-5 days and the employee will be paid based on the number of days they spend in the office or performing work related activities.
13. Renewal of Agreement
Upon completion of one-year teaching period, both parties can renew the agreement under mutual consent. The employee agrees to give written notification, 60 days prior to completing the contract to let the employer know of their intention to renew or cancel the contract.
14. Termination
The employer reserves the right to terminate this contract with 2 weeks written notice to the employee under the following conditions.
1) The employee does not fulfill the contract obligations according to the terms stipulated, and fails to amend after the employer has pointed it out.
2) According to the doctor's diagnosis, the employee cannot continue normal work.
3) Blatant misconduct by the employee either professional or otherwise.
4) The employee or dependents violate Korean law.
5) The children or parents complain about the employee and / or the employee's teaching method in the class.
The employer and the employee may terminate the contract by giving 60 days advance notice in writing with proper reasons accepted by both parties. The proper reasons and adequate grounds must he provided in order for the contract to be dissolved.
If the employee wants to terminate the contract prior to the contracted date without acceptable cause, the employee will be responsible for paying back to the employer all the relevant expenses incurred by the employer according to the contract as stipulated herein.
15. Arbitration
The two parties shall consult with each other and meditate any disputes, which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign affairs in Korea according to the Korean Regulations and Codes.
Both parties have executed this agreement on the date indicated below to be effective right away. Intending to be legally bound to, and in witness of, the employer and the employee have appended their signatures. This agreement will automatically expire when the contract ends if not renewed otherwise.
This contract is signed in duplicate on the day of July, 2006, in English for each party's perusal and keeping.
The Employer's name: Lee Keum Ja
___________________ (hand writing)
___________________ (signature)
------------------- (date)
The Employee's name:
___________________ (hand writing)
___________________ (signature)
------------------- (date)
Last edited by alabamaman on Sat Jun 24, 2006 1:23 am; edited 1 time in total |
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cubanlord

Joined: 08 Jul 2005 Location: In Japan!
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Posted: Fri Jun 23, 2006 2:29 pm Post subject: |
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Hey Grotto,
I think I can speak for most of the people here when I say thank you. You have been consistent and attentive to those that have needed help with their contracts. You never get involved in the mudslinging (at least not from what I have observed). Thank you and your continuous help.
Sincerely,
Me. |
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