Korean Job Discussion Forums

[modgers]

Thank you all who pointed out the flaws in my last contract...I realise now after much more research how bad of a situation that could have been. I am with a new recruiter now named Cindy and am talking to a school in Inchon called Kang Tae Woo English Academy, Ltd....Im going to post my contract and if anybody has the time to look it over and let me know if there are any red flags that would be great. Thank you again for your help.

. PERIOD OF EMPLOYMENT
a. The total agreement term is one year, from August / 24th / 2006
Month day year
to August / 23rd / 2007
Month day year
for a period of 1year.
If the Employee is not able to complete the full contract period, the
Employee should give at least two months prior notice to the school.


3. CONDITION OF EMPLOYMENT
The instructor's work shall consist primarily of the following:

a. ESL instruction in any and all phases of the institute's program to classes that range from the Pre School to High School Level.
b. Attendance at level meetings, workshop and out of classroom activities with teachers (Sports Day, Hiking, Having big dinner�).
c. Graduating, evaluating and counselling of students.

4. DUTIES OF EMPLOYEE
a. The Employee shall observe the Employer's work system and regulations concerning administration of foreign experts and shall accept Employer's arrangement, direction, supervision and evaluation in regard to his/her work.
b. Without the Employer's consent, the Employee shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with the Employer.
c. The Employee shall complete the task agreed on schedule and guarantee the quality of work.
d. Professional dress and grooming in the work are essential to maintain the desired reputation to the institute. The Employee shall establish general guidelines for this.
e. The Employee shall be expected to prepare daily topics for the class beforehand.
f. The Employee can be required to attend all the staffs' meeting. If The Employee must be absent, he/she shall inform the Employer prior to the meeting.
g. The Employee must behave in professional manner during class or when socializing with students after class.
h. The Employee can be required to interview new students and evaluate their placement level.
i. The Employee shall not be absent without the Employer's permission 2 days in advance notice.
j. If the Employee is more than 10 minutes late or leave the class earlier without notification, one hour rate of payment may be deducted.
k. The Employee shall respect the Korean people's moral standards and customs.
l. The Employee shall not make sexually harass the students in his/her charge.
m. During the term of this agreement, the Academic Supervisor can ask the Employee to discuss and comply with the instructions, supervisors, training, and discipline of the Academic Supervisor. These duties shall include instruction in any and all phrases of the instructional program, administrative duties related to the Employee's classroom duties, attendance at the scheduled staff meetings and workshops, and any other duties as may be assigned by the Academic Supervisor. Also the Employee has to participate in outside events for the school. These days are not considered as paydays.
n. The Academic Supervisor is responsible for establishing and communicating the Standards of Performance and is responsible for taking all reasonable steps necessary to assure that those standards are met.
o. The Academic Supervisor shall also have the power and authority to assign the Employee some non- teaching duties related in students' education.
p. At all times during this term of Agreement the Employee shall directly adhere to and obey all the rules and regulations that have been established for the conduct of instructors at the Place of Employment. Also, the Employee shall strictly adhere to and obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local Government or officials thereof.

5. WORKING HOURS
The number of regular teaching hours will be 30 hours per week / 120 hours per month.(N.B; This is actual teaching hours and class preparation time and break time are not included).

a. Class will be held from Monday to Friday. And the Employee's working hours will be from 2:30pm to 9:30pm or 3:30pm to 10:30pm (Working hours could be changed in summer and winter intensive course - approximately one month each- in Kang Tae Woo English Academy).
b. The Employee's Initial: Occasionally if asked by the Academic Supervisor, the Employee agrees to take some training to make the class better.
c. Classes and teaching will be scheduled in accordance with the needs of the Employer.

6. SALARY
a. The Employee's monthly salary will be guaranteed \ 2.100.000 (Korean currency), which can be converted into foreign currency monthly.
b. Pay period begins on the first working day and ends on the last day of each month.
c. If the Employee's first or(and) last working month is(are) not a full teaching month(s), the salary will be calculated by the formula below,

(The Employee's Full Salary/30 days)� (The Employee's actual # of working days of that month)

d. For every hour worked over 120 hours per month, the Employee will receive overtime payment and Overtime rate for each hour will be \18,000
e. On completion of 1 year contract, the Employee will receive the amount of one-month salary as a severance pay.
g. The Employee will receive payment on the 1th of each month. In the case the Employee miss any scheduled teaching day, the salary will be calculated by an hour amount of payment with total working hours of the session.

7. DEDUCTIONS / TAXES
a. South Korean income taxes will be withheld automatically from Employee�s monthly salary. Income tax on the monthly salary runs at about 3.3%.
b. The Employee will be required to file an annual tax return each taxable year employed at KANG TAE WOO ENGLISH ACADEMY with the local tax office.
c. Any taxes owed to any foreign government are the responsibility of the Employee. The Employer does not involve itself in foreign tax law.
d. The Employee is required by law to participate in the Korean pension plan. 4.5% will be deducted from the instructor's salary and put into the pension plan. The Employer will contribute 4.5% to the fund, for a total of 9%. This amount of money (9%) will be returned to the Employee when the Employee's contract is finished and he/she leaves Korea. (It depends upon the official agreement between Korea and the Employee's Country.)

8. VACATION AND HOLIDAYS
a. The instructor shall be entitled to 10 vacation days annual leave per contract.
b. The instructor can have three days unpaid sick leave with a medical certificate per year.
c. Those Public Holidays can be switched with regular working days according to the school's situations.

9. HOUSING
a. The Employer will select and provide furnished living accommodations for the Employee.
The accommodation may be an efficiency apartment a one or two- room apartment (which is shared by two employees with a private bedroom for each Employee and a shared kitchen and bathroom). If the Employee shares the apartment, she/he will get 100,000 won more per a month for it.
b. Furnishings provided by the Employer include: basic cooking utensils such as a pot, a pan and dishes, a stove, a refrigerator, a bed, a kitchen table, two chairs, TV and a washing machine. The cost of monthly service, monthly management fee of the apartment, utilities, telephone charge, cable for the accommodation provided will be paid by the Employee. However, Cable and Telephone will be installed by the Employee's name.

10. TRANSPORTATION
The Employer will purchase for the Employee an economy class ticket from the point of hire for passage on a regularly schduled airline in Korea. Upon the completion of this contract period, the Employer will purchase for the Employee an economy class ticket for passage on a regularly scheduled airline to the point of hire from Korea. The return airfare will be provided at the time of termination of Employment. However in the case of the Employee resign the second year contract, the return ticket will be provided at the tome of the second year contract's termination. However, in the event that the Employee fails to complete the contract terms, the Employee agrees to reimburse the Employer the cost of the paid airfare.

11. DISMISSAL OR VOLUNTARY RESIGNATION
a. The Employer will have right to dismiss the Employee for clear and frequent neglect of duties under this assignment, including but not limited to, frequent absences from the place of Employment without the approval of the Academic Supervisor or good reason therefore, or for manifest inability to perform the duties stated under this agreement. When appropriate, prior to any such dismissal, the Employee will be warned of dissatisfaction with performance will be afforded least (20) working days in which to remedy the same. Criminal or other conduct that has been clearly substantiated inside or outside the place of Employment that would, in the opinion of the Academic Supervisor and General Manager, seriously jeopardize any student or staff person, or the reputation of the Employer, will be cause for immediate dismissal and no warning nor will time for remedy be allotted.
b. If the Employee gets two Written Warning Letters, he/she will get dismissed anytime later without 20 days notice.

12. INDEMNIFICATION CLAUSE
The Employee will indemnify and hold harmless the Employer from and damages which the employer may sustain, in any manner, through the misconduct of employee.

13. MEDICAL INSURANCE
The Employee agrees to support medical insurance. The Employer pays fifty percent of medical insurance premiums for the Employer and other fifty percent should be paid by the Employee. The Employee's insurance premium will be deducted from his/her monthly salary. Dental and pre-existing conditions (diseases) are not covered from the insurance.

This contact takes effect on the date signed by both parties and will automatically expire when the contract ends.

I have read and agreed to the conditions of employment as an English Instructor at KANG TAE WOO ENGLISH ACADEMY and I agree to follow these policies fully. In signing this mutual agreement, I understand my responsibilities toward KANG TAE WOO ENGLISH ACADEMY and their responsibilities to me. By signing this contract, I accept the position on the basis of this contract.




The Employer�s name; Kang Tae Woo English Academy, Ltd
Signature;


The Employee's name;
Signature;


The date signed: / /

[Qinella]

[Grotto]

. PERIOD OF EMPLOYMENT
a. The total agreement term is one year, from August / 24th / 2006
Month day year
to August / 23rd / 2007
Month day year
for a period of 1year.
If the Employee is not able to complete the full contract period, the
Employee should give at least two months prior notice to the school.


3. CONDITION OF EMPLOYMENT
The instructor's work shall consist primarily of the following:

a. ESL instruction in any and all phases of the institute's program to classes that range from the Pre School to High School Level.
b. Attendance at level meetings, workshop and out of classroom activities with teachers (Sports Day, Hiking, Having big dinner…).

Hiking mandatory dinners not a great idea!

c. Graduating, evaluating and counselling of students.

4. DUTIES OF EMPLOYEE
a. The Employee shall observe the Employer's work system and regulations concerning administration of foreign experts and shall accept Employer's arrangement, direction, supervision and evaluation in regard to his/her work.
b. Without the Employer's consent, the Employee shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with the Employer.
c. The Employee shall complete the task agreed on schedule and guarantee the quality of work.
d. Professional dress and grooming in the work are essential to maintain the desired reputation to the institute. The Employee shall establish general guidelines for this.

The employee establishes a dress code?

e. The Employee shall be expected to prepare daily topics for the class beforehand.

Such as? Curriculum should be supplied by the employer

f. The Employee can be required to attend all the staffs' meeting. If The Employee must be absent, he/she shall inform the Employer prior to the meeting.

When? How often? If its required it should be paid!

g. The Employee must behave in professional manner during class or when socializing with students after class.

Why would the teacher socialize with students after class?

h. The Employee can be required to interview new students and evaluate their placement level.

As long as this occurs Mon-Fri and is paid no problem

i. The Employee shall not be absent without the Employer's permission 2 days in advance notice.

Thats just stupid! 'I got hit by a car'...."sorry but 2 days notice must be given"

j. If the Employee is more than 10 minutes late or leave the class earlier without notification, one hour rate of payment may be deducted.

illegal! if you are being docked for being late just dont come in!

k. The Employee shall respect the Korean people's moral standards and customs.

ohhh thats funny!

l. The Employee shall not make sexually harass the students in his/her charge.



m. During the term of this agreement, the Academic Supervisor can ask the Employee to discuss and comply with the instructions, supervisors, training, and discipline of the Academic Supervisor. These duties shall include instruction in any and all phrases of the instructional program, administrative duties related to the Employee's classroom duties, attendance at the scheduled staff meetings and workshops, and any other duties as may be assigned by the Academic Supervisor. Also the Employee has to participate in outside events for the school. These days are not considered as paydays.

If they arent considered paid days(another dumb mistake) then they cant demand you participate!

n. The Academic Supervisor is responsible for establishing and communicating the Standards of Performance and is responsible for taking all reasonable steps necessary to assure that those standards are met.

thats nice....is this position for the academic supervisor job? If not why is it in this contract?

o. The Academic Supervisor shall also have the power and authority to assign the Employee some non- teaching duties related in students' education.

again so what?

p. At all times during this term of Agreement the Employee shall directly adhere to and obey all the rules and regulations that have been established for the conduct of instructors at the Place of Employment. Also, the Employee shall strictly adhere to and obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local Government or officials thereof.

5. WORKING HOURS
The number of regular teaching hours will be 30 hours per week / 120 hours per month.(N.B; This is actual teaching hours and class preparation time and break time are not included).

not good! Major red flag! You should never agree to these hours! Only 30 fifty minute classes a week otherwise you will bust your butt for nothing!

a. Class will be held from Monday to Friday. And the Employee's working hours will be from 2:30pm to 9:30pm or 3:30pm to 10:30pm (Working hours could be changed in summer and winter intensive course - approximately one month each- in Kang Tae Woo English Academy).

Not bad hours but the changing hours should be compensated!
b. The Employee's Initial: Occasionally if asked by the Academic Supervisor, the Employee agrees to take some training to make the class better.
c. Classes and teaching will be scheduled in accordance with the needs of the Employer.

Wait a minute! Arent the classes scheduled from 230-930 or 330 to 1030?

6. SALARY
a. The Employee's monthly salary will be guaranteed \ 2.100.000 (Korean currency), which can be converted into foreign currency monthly.

? strangee!

b. Pay period begins on the first working day and ends on the last day of each month.
c. If the Employee's first or(and) last working month is(are) not a full teaching month(s), the salary will be calculated by the formula below,

(The Employee's Full Salary/30 days)� (The Employee's actual # of working days of that month)

It should be calculated as: # of teaching days in month X # of employee's actual days worked!....not divided by 30!(you dont work weekneds)
d. For every hour worked over 120 hours per month, the Employee will receive overtime payment and Overtime rate for each hour will be \18,000

dont settle for less than 25,000 per 50 minutes!

e. On completion of 1 year contract, the Employee will receive the amount of one-month salary as a severance pay.
g. The Employee will receive payment on the 1th of each month. In the case the Employee miss any scheduled teaching day, the salary will be calculated by an hour amount of payment with total working hours of the session.

what the hell is the 1th? Is that supposed to be the 1'st?

7. DEDUCTIONS / TAXES
a. South Korean income taxes will be withheld automatically from Employee’s monthly salary. Income tax on the monthly salary runs at about 3.3%.

too high tax is about 1.6% on 2 mil!

b. The Employee will be required to file an annual tax return each taxable year employed at KANG TAE WOO ENGLISH ACADEMY with the local tax office.
c. Any taxes owed to any foreign government are the responsibility of the Employee. The Employer does not involve itself in foreign tax law.
d. The Employee is required by law to participate in the Korean pension plan. 4.5% will be deducted from the instructor's salary and put into the pension plan. The Employer will contribute 4.5% to the fund, for a total of 9%. This amount of money (9%) will be returned to the Employee when the Employee's contract is finished and he/she leaves Korea. (It depends upon the official agreement between Korea and the Employee's Country.)

8. VACATION AND HOLIDAYS
a. The instructor shall be entitled to 10 vacation days annual leave per contract.
b. The instructor can have three days unpaid sick leave with a medical certificate per year.

unpaid not acceptable!

c. Those Public Holidays can be switched with regular working days according to the school's situations.

Totally unacceptable!

9. HOUSING
a. The Employer will select and provide furnished living accommodations for the Employee.
The accommodation may be an efficiency apartment a one or two- room apartment (which is shared by two employees with a private bedroom for each Employee and a shared kitchen and bathroom). If the Employee shares the apartment, she/he will get 100,000 won more per a month for it.

no way to shared accomodations! although at least they offer some compensation for it

b. Furnishings provided by the Employer include: basic cooking utensils such as a pot, a pan and dishes, a stove, a refrigerator, a bed, a kitchen table, two chairs, TV and a washing machine. The cost of monthly service, monthly management fee of the apartment, utilities, telephone charge, cable for the accommodation provided will be paid by the Employee. However, Cable and Telephone will be installed by the Employee's name.

demand air con!

10. TRANSPORTATION
The Employer will purchase for the Employee an economy class ticket from the point of hire for passage on a regularly schduled airline in Korea. Upon the completion of this contract period, the Employer will purchase for the Employee an economy class ticket for passage on a regularly scheduled airline to the point of hire from Korea. The return airfare will be provided at the time of termination of Employment. However in the case of the Employee resign the second year contract, the return ticket will be provided at the tome of the second year contract's termination. However, in the event that the Employee fails to complete the contract terms, the Employee agrees to reimburse the Employer the cost of the paid airfare.

After 6 months you shouldnt be libel for the airfare to Korea and this should be stated here!

11. DISMISSAL OR VOLUNTARY RESIGNATION
a. The Employer will have right to dismiss the Employee for clear and frequent neglect of duties under this assignment, including but not limited to, frequent absences from the place of Employment without the approval of the Academic Supervisor or good reason therefore, or for manifest inability to perform the duties stated under this agreement. When appropriate, prior to any such dismissal, the Employee will be warned of dissatisfaction with performance will be afforded least (20) working days in which to remedy the same.


30 by law!
Criminal or other conduct that has been clearly substantiated inside or outside the place of Employment that would, in the opinion of the Academic Supervisor and General Manager, seriously jeopardize any student or staff person, or the reputation of the Employer, will be cause for immediate dismissal and no warning nor will time for remedy be allotted.
b. If the Employee gets two Written Warning Letters, he/she will get dismissed anytime later without 20 days notice.

still need 30 days notice!

12. INDEMNIFICATION CLAUSE
The Employee will indemnify and hold harmless the Employer from and damages which the employer may sustain, in any manner, through the misconduct of employee.

13. MEDICAL INSURANCE
The Employee agrees to support medical insurance. The Employer pays fifty percent of medical insurance premiums for the Employer and other fifty percent should be paid by the Employee. The Employee's insurance premium will be deducted from his/her monthly salary. Dental and pre-existing conditions (diseases) are not covered from the insurance.

NHIC 2.24% each

This contact takes effect on the date signed by both parties and will automatically expire when the contract ends.

I have read and agreed to the conditions of employment as an English Instructor at KANG TAE WOO ENGLISH ACADEMY and I agree to follow these policies fully. In signing this mutual agreement, I understand my responsibilities toward KANG TAE WOO ENGLISH ACADEMY and their responsibilities to me. By signing this contract, I accept the position on the basis of this contract.




The Employer’s name; Kang Tae Woo English Academy, Ltd
Signature;


The Employee's name;
Signature;


The date signed: / /

absolutely crap contract! hours arent defined, pay is low, way too many generalizations!

[alabamaman]

[modgers]

Thank you all for your help, but now how should i go about changing this? Should I ask for a new contract with the provissions i want? or should i just ask the recruiter for a different school? Or should i find a new recruiter? Any advice would be great, thank you

[Hyeon Een]

[Qinella]

[brento1138]

[poof]

I think Grotto has a great ability to read between the lines of contracts - I think you need to carve yourself a special niche out here, Grotto!
Yeah, seeing as virtually every line of the contract has something fallible in it, I would also ditch it and look for something else. The job hits you're getting through your recruiter also remind me why I always like to go directly to a non-commercial school. Recruiters just have too many bad hagwons on their books. It's sometimes not their fault that they're trying to pass these on to fresh teachers.

[tek75]

5. WORKING HOURS
The number of regular teaching hours will be 30 hours per week / 120 hours per month.(N.B; This is actual teaching hours and class preparation time and break time are not included).



This definitely raises a red flag. Taking out all the little break times in between classes does add up, and your actual hours are likely to be around 35 hours a week, while you'll be getting paid for just 30. ESL teaching takes a lot of you, and personally, I think that's just too many hours, not to mention that you won't be getting paid for all of them.