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Skaborough
Joined: 03 Feb 2006 Location: Toronto, ON
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Posted: Tue Jun 27, 2006 1:55 pm Post subject: Contract review please... |
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Hi one and all. I was hoping an experienced eye could give this a quick once over. There're a few things I caught myself and have changed. This isn't the whole thing either, just the [arts I wanted some experienced advce on.
4d and e are ones I'm looking for help on, I will be making a change that they must buy the ticket (as Im broke,lol). Also the section on VISA (5) seems scantily worded, is there a concern there?
Cheers,
AGREEMENT
1. INTRODUCTION:
This is an agreement between _______________(hereinafter called `the instructor') and (hereinafter called `the school'). The instructor agrees to teach students at the school at the times designated by the school 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.
3. RESPONSIBILITIES OF TEACHER:
(A) The instructor will teach Monday through Friday, a total of one hundred and twenty hours of English language classes per month. The precise number of teaching hours in a month will depend on the number of official or statutory holidays which fall in that month. The school will be able to ask the instructor to work on Saturday in case of too many national holidays to fill 8 class days per month for Tuesday, Thursday classes.
(B) The instructor's teaching hours shall be determined by the School's schedule and shall conform to any changes, which take place in the school's scheduling.
4. TEACHER'S SALARY:
(A) The teacher's total monthly salary shall be million WON . This compensation is in exchange for teaching an average of 6 hours a day, five days per week Monday to Friday totaling 120 hours a month during the contract period.
B) An end of contract bonus of million WON will be paid upon the satisfactory completion of the contract.
(C) If an instructor teaches, by mutual agreement of the instructor and employer, additional teaching hours, overtime compensation at a rate of 18,000 Won per hour shall be paid for those hours.
(D) The instructor's salary will be paid monthly on the 10th for payment of instructor's salaries.
(E) Upon satisfactory completion of this contract, a round ticket to origin destination will be provided. The cash will be not paid in any cases. The instructor should buy a round ticket from his or her country and then the school will pay for the ticket when the instructor gets to school.
5. VISA SPONSORSHIP
(a) The process of VISA sponsorship will be presented by the school.
7. VACATION TIME:
(A) The teacher shall enjoy 10 days of paid vacation for each year. The paid vacation will be normally 5 days for Summer and 5 days for Winter. But the schedule can be changed and followed by school�s schedule.
(B) The teacher shall enjoy Korean national holidays for each year.
8. INCOME TAX:
Approximately 1.8 % per month of the instructor's salary shall be deducted by the employer as withholding tax as provided by Korean law.
9. KOREAN INSURANCE:
The employer will provide the entire accident insurance fee and 50% of the health insurance fee offered from the national insurance company. Furthermore, the employer will provide 0.55% and the employee will pay 0.45% of the total amount of monthly salary for the employment insurance fee. The coverage will be in accordance with the policies of the Insurance Company. In addition, the employer will provide 50% of national pension fee.
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.
(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 school 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 in to relationships with students or employees or the School.
(C) The school 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 one month advanced notice of termination will be given to the instructor. If the instructor wants to leave the school before the contract ends, he/she should give two months notice to the school. In these cases, the school has no duty to give the severance pay bonus to the instructor. In addition, the teacher has to return the round trip airfare if he/she leaves within six months.
12. Both parties have carefully read this contract; They have agreed to its terms in good faith; and they will attempt to resolve any disputes, which may arise in
accordance with the terms of the contract, and 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. |
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Grotto

Joined: 21 Mar 2004
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Posted: Tue Jun 27, 2006 2:31 pm Post subject: |
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AGREEMENT
1. INTRODUCTION:
This is an agreement between _______________(hereinafter called `the instructor') and (hereinafter called `the school'). The instructor agrees to teach students at the school at the times designated by the school 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.
teach yes...develop and present? Curriculum should be supplied.
3. RESPONSIBILITIES OF TEACHER:
(A) The instructor will teach Monday through Friday, a total of one hundred and twenty hours of English language classes per month. The precise number of teaching hours in a month will depend on the number of official or statutory holidays which fall in that month. The school will be able to ask the instructor to work on Saturday in case of too many national holidays to fill 8 class days per month for Tuesday, Thursday classes.
Red flag....make up classes for stat holidays are a no no! Saturday classes just say no
(B) The instructor's teaching hours shall be determined by the School's schedule and shall conform to any changes, which take place in the school's scheduling.
Red flag...you could end up working splits and being jerked around timewise!
4. TEACHER'S SALARY:
(A) The teacher's total monthly salary shall be million WON . This compensation is in exchange for teaching an average of 6 hours a day, five days per week Monday to Friday totaling 120 hours a month during the contract period.
I hope like hell this is a typo million won
B) An end of contract bonus of million WON will be paid upon the satisfactory completion of the contract.
(C) If an instructor teaches, by mutual agreement of the instructor and employer, additional teaching hours, overtime compensation at a rate of 18,000 Won per hour shall be paid for those hours.
Change it to 20,000 won for each 50 minute class
(D) The instructor's salary will be paid monthly on the 10th for payment of instructor's salaries.
No later than the 5'th
(E) Upon satisfactory completion of this contract, a round ticket to origin destination will be provided. The cash will be not paid in any cases. The instructor should buy a round ticket from his or her country and then the school will pay for the ticket when the instructor gets to school.
delete satisfactory....once you finish the contract you are entitled to it. Buy yourself a fully refundable ticket and then if you decide to stay you can always cash it in and pocket the cash.
5. VISA SPONSORSHIP
(a) The process of VISA sponsorship will be presented by the school.
? get some clarification here!
7. VACATION TIME:
(A) The teacher shall enjoy 10 days of paid vacation for each year. The paid vacation will be normally 5 days for Summer and 5 days for Winter. But the schedule can be changed and followed by school’s schedule.
(B) The teacher shall enjoy Korean national holidays for each year.
8. INCOME TAX:
Approximately 1.8 % per month of the instructor's salary shall be deducted by the employer as withholding tax as provided by Korean law.
9. KOREAN INSURANCE:
The employer will provide the entire accident insurance fee and 50% of the health insurance fee offered from the national insurance company. Furthermore, the employer will provide 0.55% and the employee will pay 0.45% of the total amount of monthly salary for the employment insurance fee. The coverage will be in accordance with the policies of the Insurance Company. In addition, the employer will provide 50% of national pension fee.
You dont need to pay employment insurance in Korea!
Deductions 1.8% tax, 2.24% health, 4.5% pension=total of 8.54%
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.
Thats just crazy talk
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.
(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 school 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 in to relationships with students or employees or the School.
(C) The school 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 one month advanced notice of termination will be given to the instructor. If the instructor wants to leave the school before the contract ends, he/she should give two months notice to the school. In these cases, the school has no duty to give the severance pay bonus to the instructor. In addition, the teacher has to return the round trip airfare if he/she leaves within six months.
If they only need to give 30 days notice then thats all you should too!
12. Both parties have carefully read this contract; They have agreed to its terms in good faith; and they will attempt to resolve any disputes, which may arise in
accordance with the terms of the contract, and 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.
Housing? |
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seoulsista
Joined: 31 Aug 2005
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Posted: Tue Jun 27, 2006 4:37 pm Post subject: |
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I agree with Grotto that contract's not great. That whole Saturday thing is a slippery slope. Once they get you in a contract for Saturday work they think they can demand you come in on Saturday for any number of reasons.
Also, the ambiguity about working hours is highly suspect as he mentioned.
Last, no housing being mentioned is pretty sloppy. Based on that you can assume working with them will be pretty frustrating. |
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alabamaman
Joined: 25 Apr 2006
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Posted: Tue Jun 27, 2006 7:30 pm Post subject: Re: Contract review please... |
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Skaborough wrote: |
Hi one and all. I was hoping an experienced eye could give this a quick once over. There're a few things I caught myself and have changed. This isn't the whole thing either, just the [arts I wanted some experienced advce on.
4d and e are ones I'm looking for help on, I will be making a change that they must buy the ticket (as Im broke,lol). Also the section on VISA (5) seems scantily worded, is there a concern there?
Cheers,
AGREEMENT
1. INTRODUCTION:
This is an agreement between _______________(hereinafter called `the instructor') and (hereinafter called `the school'). The instructor agrees to teach students at the school at the times designated by the school 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.
I would add in the following below which are usuall in what's call "Term of Labor Agreement." If they are included, then that's good on your part.
Date this labor contract not agree ment was entered on.
Name and address of the school.
Name and location of the employee.
3. RESPONSIBILITIES OF TEACHER:
(A) The instructor will teach Monday through Friday, a total of one hundred and twenty hours of English language classes per month. The precise number of teaching hours in a month will depend on the number of official or statutory holidays which fall in that month. The school will be able to ask the instructor to work on Saturday in case of too many national holidays to fill 8 class days per month for Tuesday, Thursday classes.
This is why it's important to have contractual language written in your favor.
For example, "The instructor will teach Monday through Friday, from?? p.m. until ?? p.m., classes taught consecutively, and no split shifts throughout the contract period unless agreed otherwise in writing." Each class shall be XX minutes in length. The instuctor shall teach (what a class consist of) to Korean Students during his/her classes throughout the contract period. Furthermore, the Instructor shall work one Saturday per month earning overtime wages in the amount of 20,000 Korean Won per class.
They're feeding you this **** because they assume you know nothing about contracts. Well, they are wrong. If you work hours outside your established hours, you should get paid accordingly. That's not the case for everything though. It also sounds like you were being put into a position to work split shifts.
4. TEACHER'S SALARY:
(A) The teacher's guaranteed monthly total monthly salary shall be million WON throughout the contract period. This compensation is in exchange for teaching an average of 6 hours a day, five days per week Monday to Friday totaling 120 hours a month during the contract period.
What happens if you don't teach 120 hours/classes per month? Do you still get paid the same abount? That's a good question to ask.
B) An end of contract bonus of million WON will be paid upon the satisfactory completion of the contract.
(C) If an instructor teaches, by mutual agreement of the instructor and employer, additional teaching hours, overtime compensation at a rate of 18,000 Won per hour shall be paid for those hours.
20,00 Korean Won
When are you elegible to teach overtime classes?
(D) The instructor's salary will be paid monthly on the 10th for payment of instructor's salaries.
Not acceptable. Last working day of the month throughout the contract period. No later than the 3rd.
(E) Upon satisfactory completion of this contract, a round ticket to origin destination will be provided. The cash will be not paid in any cases. The instructor should buy a round ticket from his or her country and then the school will pay for the ticket when the instructor gets to school.
The school pays for pays for ticket prior to you coming!
5. VISA SPONSORSHIP
(a) The process of VISA sponsorship will be presented by the school.
7. VACATION TIME:
(A) The teacher shall enjoy 10 days of paid vacation for each year. The paid vacation will be normally 5 days for Summer and 5 days for Winter. But the schedule can be changed and followed by school�s schedule.
(B) The teacher shall enjoy Korean national holidays for each year.
8. INCOME TAX:
Approximately 1.8 % per month of the instructor's salary shall be deducted by the employer as withholding tax as provided by Korean law.
Exact amount deducted from monthly salary.
9. KOREAN INSURANCE:
The employer will provide the entire accident insurance fee and 50% of the health insurance fee offered from the national insurance company. Furthermore, the employer will provide 0.55% and the employee will pay 0.45% of the total amount of monthly salary for the employment insurance fee. The coverage will be in accordance with the policies of the Insurance Company. In addition, the employer will provide 50% of national pension fee.
Stick with the Korean National Health Insurance Plane. The employer deducts 2.24% of your monthly salary (exact amount should be in contract) throughout the contract period. Every 3 months the employee pays a lump sum payment to the National Health Insurance Incorporation. Amount (Your monthly salary x 2.24% x 3 = lump sum payment). Everything I've mentioned should be written in the contract, and these clauses should be detailed.
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.
(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 school 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 in to relationships with students or employees or the School.
Entering into relationships with employees at the school should go. Who the hell are they to have control over your personal life?
(C) The school shall have the right to terminate this contract if the instructor violates the contract or fails to conduct him/herself in a professional manner.
Ouch! This is a poorly written termination clause. An employer cannot dismiss an employer for justifiable causes/reasons in accordance with the Labor Standards Act. It would be a very good idea to get such contractual langue written into your contract and clearly define what those "justifiable causes" are. See if you can throw in verble warning, written warnings before being being issued an advance notice of dismissal. It sounds like he can sack you if he's having a bad hairday
At least one month advanced notice of termination will be given to the instructor. If the instructor wants to leave the school before the contract ends, he/she should give two months notice to the school. In these cases, the school has no duty to give the severance pay bonus to the instructor. In addition, the teacher has to return the round trip airfare if he/she leaves within six months.
You should have to give 30 days. 30 days is plenty.
12. Both parties have carefully read this contract; They have agreed to its terms in good faith; and they will attempt to resolve any disputes, which may arise in
accordance with the terms of the contract, and 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. |
I saw no Korean Pension Schem Clause.
Visa Run Clause.
I didn't see any contractual language about working at other institutions. You should get your employers written permission, and you have to get clearance from the hound dogs at Immigration.
For example:
25
The employee may not work outside the place of employment established in (25) without written permission from the employer, and consent from Korean Immigration Officials throughout the contract period.
Name of school
Location
Telephone number
Business Liscence
No Housing clause |
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Skaborough
Joined: 03 Feb 2006 Location: Toronto, ON
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Posted: Wed Jun 28, 2006 10:35 am Post subject: |
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Thanks guys. I guess I didn't mention that I took a few of the clauses out to shorten the post. The ones I had no issues with, like the housing and dictates of the hours, I removed.
I now have a great idea how to negotiate this.
Cheers,
Skaborough |
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