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mamaille
Joined: 14 Jun 2006 Location: seoul- close to olympic park
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Posted: Fri Jun 30, 2006 7:12 am Post subject: Another cotract review post |
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Please look over this contract for me. It think it's the one I'm going to choose...
Thanks.
Ⅰ. Schedule
1. The number of regular teaching hours will be 25 hours per week and the payment will be made monthly. Every effort will be made to standardize the number of working hours per week to 25.
2. The Employee must arrive at the school at least 30 minute before the class.
3. Classes will be held from Monday to Friday.
4. Classes and teaching are scheduled in accordance with the needs of the institute; however, reasonable efforts will be made to accommodate the Employee�s requests.
5. The Employee may not accept any work not assigned by the Institute.
Ⅱ. Pay
The Employer agrees to pay the Employee a yearly salary and bonus/severance payment in amount of 27,300,000 Won. It will be disbursed in thirteen payments over the twelve months in the following manner:
1. The Employee will be paid the total of 2,100,000 Won per month.
2. Overtime rate is 18, 000 Won per hour.
3. Korean income tax will be withheld at the current rate (3%).
4. The Employee will be given a bonus/severance payment of
2,100,000 Won at the time of, and is dependent on, the completion of the full contract term. This amount is also subject to Korean income tax, to be paid at a rate of 3%.
Ⅲ. Airfare
1. The Employer agrees to provide the Employee with airfare to, and from, USA/Korea, and the necessary transport to the destination city in Korea.
2. Employee will receive a return ticket back to the US upon completion of the contract.
3. Employee will be given no return flight ticket in case of failing to fulfill the contract by his/her own personal matter.
4. In the event the Employee doesn't complete the full contract term,
and the Employee has worked less than 6 months of the contract, the
Employee agrees to reimburse the institute for airfare
Ⅳ. Housing
1. The Employer agrees to provide appropriate housing for the Employee at no charge. The Employee is responsible for paying their fair share of utilities.
2. The Employer agrees to provide a furnished private apartment with access to basic amenities such as a kitchen, air conditioner, cooking utensils, refrigerator, washer, bathroom, hot water for bathing and a western-style toilet.
Ⅴ. Medical Insurance
1. The Employer agrees to provide medical insurance for the Employee through a group membership. The Employer agrees to pay 50% of the monthly premium and the Employee 50%. The other 50% will be deducted from the employee's salary over the first three months of the contract term.
2. Dental and pre-existing medical conditions are not included.
Ⅵ. Job Description
1. The Employee will direct and guide the students in conversational English and will make the necessary class preparation.
2. The Employee is provided with the books and teaching materials necessary to conduct classes.
3. The Employee is expected to conduct classes without assistance.
4. As a native English speaker, the Employee will instruct the students in pronunciation exercises.
Ⅶ. Holidays/Leave/Tardiness
1. Holidays. There are 13-15 Korean national holidays per year, on which the Employee is not expected to work.
2. Annual Leave. The Employee is permitted five days of paid leave per
year. The school in accordance with the summer schedule will designate
2-3 of the five vacation days. The remaining days are to be chosen by the Employee one month prior to the intended vacation days (subject to approval by the Employer).
3. Unpaid Leave. This is permitted only under extreme and unusual circumstances, such as, but not limited to, death or serious illness of self or immediate family member. Upon presentation of proper notice and proof to the Employer the Employee may be granted unpaid leave.
4. Sick Leave. The Employee is permitted up to five days of paid sick leave per year. Unused sick leave may not be taken as annual leave. To be eligible for paid sick leave the Employee must notify the Employer at least 6 hours prior to the commencement of classes and produce an appropriate medical certificate. If these conditions are not met, the Employer has the right to deduct 1 day's pay for every day the Employee is absent from work.
5. Tardiness. If the Employee is more than ten minutes late, without notification, one hour of pay may be deducted.
Ⅷ. Release from Contract
Both parties have the right to make the contract null and void under one of the following circumstances:
1. The health of the Employee is such that it is deemed impossible for the Employee to continue work.
2. Blatant misconduct by the Employee, either professionally or otherwise.
3. The Employee violates Korean laws.
4. In the event of war, civil strife, or other disturbances or matters that are deemed by the Employee's government or Korean government as being unusual and of adequate reason for leaving the country, provided that official documents from respective embassies are presented.
5. Notification Requirement. The Employer or the Employee may annul the contract by giving a minimum of 1 month advance notice in writing.
6. If the Employer seeks annulment, reasonable and adequate grounds must be provided, which include but are not limited to: conduction classes under the influence of intoxicants, continual absence and/or tardiness for classes.
7. If the Employee may seek annulment if the Employer does not complete the terms as required of them according to the contract.
Ⅸ. Legal Action
1. If there is a dispute between the parties, the parties agree to the final judgment of a Korean civil court or Korean civil law, whatever the final decision may be.
2. If at any time the Employee leaves the Institute without giving prior notice, and without going through the appropriate procedures, the Employer has the right to pursue legal actions, within or outside of Korea, for damages and attorney fees, against the Employee. |
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jacl
Joined: 31 Oct 2005
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Posted: Fri Jun 30, 2006 9:36 am Post subject: |
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mamaille wrote: |
Please look over this contract for me. It think it's the one I'm going to choose...
Thanks.
Ⅰ. Schedule
1. The number of regular teaching hours will be 25 hours per week and the payment will be made monthly. Every effort will be made to standardize the number of working hours per week to 25.
That's nice and all, but how is the hour defined? Is it 50 minutes? Probably not. They're thinking that one hour is 60 minutes which means 30 teaching hours per week. Right away, they're being deceptive.
Schedule? They haven't even given you a schedule. You need to know daily start to finish times. Never agree to anything more than a 7 hour shift like mine: 2-9. If you're willing to do split shifts (which I don't suggest) then that would be something like 9am-12pm, 1pm-5pm. Don't stretch you day out too long. It's not good when you're already teaching 6 classes per day. That's enough work with no OT.
2. The Employee must arrive at the school at least 30 minute before the class.
Depends on schedule. No shedule, no can tell.
3. Classes will be held from Monday to Friday.
4. Classes and teaching are scheduled in accordance with the needs of the institute; however, reasonable efforts will be made to accommodate the Employee�s requests.
Not good.
5. The Employee may not accept any work not assigned by the Institute.
Whatever.
Ⅱ. Pay
The Employer agrees to pay the Employee a yearly salary and bonus/severance payment in amount of 27,300,000 Won. It will be disbursed in thirteen payments over the twelve months in the following manner:
1. The Employee will be paid the total of 2,100,000 Won per month.
2. Overtime rate is 18, 000 Won per hour.
Why? Why can't they pay at least 20,000? What's the difference to them? I personally think OT should be at least 25,000. I get 20,000, but have jobs that pay 30,000. Anyway: 20,000.
Remember that OT is for teaching hours over 6 per day. Have that stated in your contract. If you teach anymore than 6 fifty-minutes classes in one day, it's OT. Have that put in your contract. Anything outside the scope of your contractual schedule (which they do not give you here) is also OT. So, if your schedule is 2-9, anything you teach before 2 and/or after 9 is OT.
3. Korean income tax will be withheld at the current rate (3%).
This income tax is too high for 2.1. It should be 33,430 plus 3,433 residence tax. Total should be 36,773. That's it. Not to mention that the tax percentage really has no place in the contract. All they should state, if at all, is that you should be taxed according to Korean Law. If you work OT, the tax rate is higher.
They don't forward this money to the tax office. They just put it in their pockets. Might as well get the least possible tax amount. Leave it at 1.75% and if they try to tax you on OT, mention the tax office.
4. The Employee will be given a bonus/severance payment of
2,100,000 Won at the time of, and is dependent on, the completion of the full contract term. This amount is also subject to Korean income tax, to be paid at a rate of 3%.
Tax on severence is different than tax on your regular salary. Just goes to show that they don't have any idea what the tax is and that they're just planning on pocketing that too. 3% is also too high for severence although severence is taxe a little higher than your regular pay.
Ⅲ. Airfare
1. The Employer agrees to provide the Employee with airfare to, and from, USA/Korea, and the necessary transport to the destination city in Korea.
Why USA? Should be from/to nearest international airport of country of origin or cash in lieu. Anything over 1 million is a reasonable figure for cash in lieu. Ticket is the best option though. Depends.
2. Employee will receive a return ticket back to the US upon completion of the contract.
Again, why the US?
3. Employee will be given no return flight ticket in case of failing to fulfill the contract by his/her own personal matter.
Whatever.
4. In the event the Employee doesn't complete the full contract term,
and the Employee has worked less than 6 months of the contract, the
Employee agrees to reimburse the institute for airfare
Uh... that doesn't seem right. What if they decide to fire you for whatever reason. If they let you go for certain reasons, they should maybe even fly you back home. Depends. Need more details on this. If they go out of business or something, why should you reimburse the ticket? Anyway, if you quit on the spot, or even give notice, reimbursing the flight to Korea may be warranted. More reasons need to be given, but this isn't the biggest problem with this contract.
Ⅳ. Housing
1. The Employer agrees to provide appropriate housing for the Employee at no charge. The Employee is responsible for paying their fair share of utilities.
Single housing. Don't agree to shared.
2. The Employer agrees to provide a furnished private apartment with access to basic amenities such as a kitchen, air conditioner, cooking utensils, refrigerator, washer, bathroom, hot water for bathing and a western-style toilet.
No table? No chairs? No bed? No bedding? No stove? I could mention other things, but those should at least be mentioned.
Ⅴ. Medical Insurance
1. The Employer agrees to provide medical insurance for the Employee through a group membership. The Employer agrees to pay 50% of the monthly premium and the Employee 50%. The other 50% will be deducted from the employee's salary over the first three months of the contract term.
No. National Health Plan. By law. It's 2.24% each. No group membership. They just may go ahead and deduct this and try to scam it from you. When you get the national health insurance, make sure you get a booklet from this government agency no more than two months after you begin.
2. Dental and pre-existing medical conditions are not included.
Ⅵ. Job Description
1. The Employee will direct and guide the students in conversational English and will make the necessary class preparation.
2. The Employee is provided with the books and teaching materials necessary to conduct classes.
3. The Employee is expected to conduct classes without assistance.
4. As a native English speaker, the Employee will instruct the students in pronunciation exercises.
Ⅶ. Holidays/Leave/Tardiness
1. Holidays. There are 13-15 Korean national holidays per year, on which the Employee is not expected to work.
2. Annual Leave. The Employee is permitted five days of paid leave per
year. The school in accordance with the summer schedule will designate
2-3 of the five vacation days. The remaining days are to be chosen by the Employee one month prior to the intended vacation days (subject to approval by the Employer).
Five days? Holy *beep*! It's at least 10 working days. If you can't take them all then you should get reimbursed for days not taken.
3. Unpaid Leave. This is permitted only under extreme and unusual circumstances, such as, but not limited to, death or serious illness of self or immediate family member. Upon presentation of proper notice and proof to the Employer the Employee may be granted unpaid leave.
4. Sick Leave. The Employee is permitted up to five days of paid sick leave per year. Unused sick leave may not be taken as annual leave. To be eligible for paid sick leave the Employee must notify the Employer at least 6 hours prior to the commencement of classes and produce an appropriate medical certificate. If these conditions are not met, the Employer has the right to deduct 1 day's pay for every day the Employee is absent from work.
6 hours?!? One hour or ASAP is ok. But not 6 hours.
Produce a medical certificate?!? Ok, I could see a medical certificate if you're gone more than 2 days. I should hope they aren't sticklers for this.
5. Tardiness. If the Employee is more than ten minutes late, without notification, one hour of pay may be deducted.
10 minutes late = ten minutes deducted. Too much tardiness results in being warned. Three warnings and you're canned (or something like that). Tardiness should be put in writing. Usually it's an unwritten thing though. This clause is stupid.
Ⅷ. Release from Contract
Both parties have the right to make the contract null and void under one of the following circumstances:
1. The health of the Employee is such that it is deemed impossible for the Employee to continue work.
2. Blatant misconduct by the Employee, either professionally or otherwise.
3. The Employee violates Korean laws.
4. In the event of war, civil strife, or other disturbances or matters that are deemed by the Employee's government or Korean government as being unusual and of adequate reason for leaving the country, provided that official documents from respective embassies are presented.
5. Notification Requirement. The Employer or the Employee may annul the contract by giving a minimum of 1 month advance notice in writing.
6. If the Employer seeks annulment, reasonable and adequate grounds must be provided, which include but are not limited to: conduction classes under the influence of intoxicants, continual absence and/or tardiness for classes.
7. If the Employee may seek annulment if the Employer does not complete the terms as required of them according to the contract.
Whatever.
Ⅸ. Legal Action
1. If there is a dispute between the parties, the parties agree to the final judgment of a Korean civil court or Korean civil law, whatever the final decision may be.
2. If at any time the Employee leaves the Institute without giving prior notice, and without going through the appropriate procedures, the Employer has the right to pursue legal actions, within or outside of Korea, for damages and attorney fees, against the Employee. |
Pension should be mentioned. It's 4.5% each. You get all 9% back at the end of your contract from the pension office if you're from the U.S. or Canada. If you're not from either of those countries, just let it be.
Last edited by jacl on Fri Jun 30, 2006 7:48 pm; edited 1 time in total |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Fri Jun 30, 2006 5:57 pm Post subject: |
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[quote="jacl"]
mamaille wrote: |
. If you teach anymore than 20 fifty-minutes classes in one day, it's OT. b] |
20 classes a day? What? Even if you meant week or month that's not overtime.
To the OP: More than SIX 50-minutes classes a day should be OT. |
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alabamaman
Joined: 25 Apr 2006
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Posted: Fri Jun 30, 2006 7:40 pm Post subject: Re: Another cotract review post |
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mamaille wrote: |
Please look over this contract for me. It think it's the one I'm going to choose...
Thanks.
Your employment dates are from Visa Issue date until Visa Expiry Date.
You will also want contractual language stating, "The employee will work for the employer when Korean Immigration Officials have issued the employee the proper work Visa." Allot of employers have pressured employees into working without an E2/proper work visa before making their visa run to Japan. It's illegal in Korea and you could get deported, fined, and interrogated by Korean Immigration Officials!
. Schedule
1. The number of regular teaching hours will be 25 hours per week and the payment will be made monthly. Every effort will be made to standardize the number of working hours per week to 25.
When will you get paid throughout the contract period?
How long are your classes throughout the contract period?
2. The Employee must arrive at the school at least 30 minute before the class.
I usually say employees should be paid for coming in for preparation time, but it may be too much to ask for at 30 minutes before each class.
3. Classes will be held from Monday to Friday.
What are your regulary scheduled work hours going to be? They need to be clearly defined in this contract. A majority of forum members prefer working 6 hours shifts (2-8/3-9/4-10).
4. Classes and teaching are scheduled in accordance with the needs of the institute; however, reasonable efforts will be made to accommodate the Employee�s requests.
5. The Employee may not accept any work not assigned by the Institute.
You may work elsewhere if you go through the proper channels with Immigration here in Korea.
Ⅱ. Pay
The Employer agrees to pay the Employee a yearly salary and bonus/severance payment in amount of 27,300,000 Won. It will be disbursed in thirteen payments over the twelve months in the following manner:
1. The Employee will be paid the total of 2,100,000 Won per month.
2. Overtime rate is 18, 000 Won per hour.
Overtime is low. Ask for 20,000 Korean won per hour.
3. Korean income tax will be withheld at the current rate (3%).
Your contract should specify how much will be deducted from your monthly salary throughout the contract period. Get this figure written in the contract in the event there are contractual disputes.
http://www.nts.go.kr/eng/default.html
Go to check my monthly withholding tax
4. The Employee will be given a bonus/severance payment of
2,100,000 Won at the time of, and is dependent on, the completion of the full contract term. This amount is also subject to Korean income tax, to be paid at a rate of 3%.
This 3% figure is not correct! Refer to your finings in clause 3.
Ⅲ. Airfare
1. The Employer agrees to provide the Employee with airfare to, and from, USA/Korea, and the necessary transport to the destination city in Korea.
What is the cost of the ticket? Get this written in the contract if possible.
2. Employee will receive a return ticket back to the US upon completion of the contract.
3. Employee will be given no return flight ticket in case of failing to fulfill the contract by his/her own personal matter.
4. In the event the Employee doesn't complete the full contract term,
and the Employee has worked less than 6 months of the contract, the
Employee agrees to reimburse the institute for airfare
Reimbursements should be waived off all across the board after 6 months of employment!
Ⅳ. Housing
1. The Employer agrees to provide appropriate housing for the Employee at no charge. The Employee is responsible for paying their fair share of utilities.
2. The Employer agrees to provide a furnished private apartment with access to basic amenities such as a kitchen, air conditioner, cooking utensils, refrigerator, washer, bathroom, hot water for bathing and a western-style toilet.
I'm glad they are giving you a toilet.....
Ⅴ. Medical Insurance
1. The Employer agrees to provide medical insurance for the Employee through a group membership. The Employer agrees to pay 50% of the monthly premium and the Employee 50%. The other 50% will be deducted from the employee's salary over the first three months of the contract term.
2. Dental and pre-existing medical conditions are not included.
Stuff to think about per medical clauses
Choose the Korean National Healthcare Insurance Plan. I'm sure this is what the contract is talking about, but get in written in the contract though.
Does it specify in your contract how much the employer will deduct from your monthly salary (2.24% of monthly salary) and pay the said deduction to the National Health Insurance Coproation.
Does it specify in your contract how much your employer will contribute throughout the contract period? (Employer matches the deduction from your monthly salary)
When will your employer enroll you in the Korean National Healthcare Plan?
When will you be presented with your medical card?
Both parties pay 50/50
http://www.nhic.or.kr/wbe/faq/faq.html
Ⅵ. Job Description
1. The Employee will direct and guide the students in conversational English and will make the necessary class preparation.
2. The Employee is provided with the books and teaching materials necessary to conduct classes.
3. The Employee is expected to conduct classes without assistance.
4. As a native English speaker, the Employee will instruct the students in pronunciation exercises.
Not bad
Ⅶ. Holidays/Leave/Tardiness
1. Holidays. There are 13-15 Korean national holidays per year, on which the Employee is not expected to work.
2. Annual Leave. The Employee is permitted five days of paid leave per
year. The school in accordance with the summer schedule will designate
2-3 of the five vacation days. The remaining days are to be chosen by the Employee one month prior to the intended vacation days (subject to approval by the Employer).
Most schools grant 10 days of paid leave. Ask for 8 paid leave days to be written into this contract!
3. Unpaid Leave. This is permitted only under extreme and unusual circumstances, such as, but not limited to, death or serious illness of self or immediate family member. Upon presentation of proper notice and proof to the Employer the Employee may be granted unpaid leave.
How many days of unpaid leave will you be granted?
4. Sick Leave. The Employee is permitted up to five days of paid sick leave per year. Unused sick leave may not be taken as annual leave. To be eligible for paid sick leave the Employee must notify the Employer at least 6 hours prior to the commencement of classes and produce an appropriate medical certificate. If these conditions are not met, the Employer has the right to deduct 1 day's pay for every day the Employee is absent from work.
5. Tardiness. If the Employee is more than ten minutes late, without notification, one hour of pay may be deducted.
Remove this clause it's a penalty clause! One hour of pay for being ten minutes late.... That's stupid.
Ⅷ. Release from Contract
Both parties have the right to make the contract null and void under one of the following circumstances:
1. The health of the Employee is such that it is deemed impossible for the Employee to continue work.
Who's going to determine the health of the employee is such that it's deemed impossible for the Employee to continue work? A physician should make that call and not the directors wife. Get it written in the contract!
2. Blatant misconduct by the Employee, either professionally or otherwise.
3. The Employee violates Korean laws.
The employee is found guilty of violating Korean Laws in a Korean Court of Law.
4. In the event of war, civil strife, or other disturbances or matters that are deemed by the Employee's government or Korean government as being unusual and of adequate reason for leaving the country, provided that official documents from respective embassies are presented.
Don't forget to include the North Korean launching the Nukes
5. Notification Requirement. The Employer or the Employee may annul the contract by giving a minimum of 1 month advance notice in writing.
6. If the Employer seeks annulment, reasonable and adequate grounds must be provided, which include but are not limited to: conduction classes under the influence of intoxicants, continual absence and/or tardiness for classes.
7. If the Employee may seek annulment if the Employer does not complete the terms as required of them according to the contract.
I have always laughed when I see "complete the terms." You should include contractual language that conforms with Article 26 of the Labor Standards Act.
Article 26 (Violation of Conditions of Employment)
(1) If any of the conditions of employment set forth in accordance with Article 24 is found to be inconsistent with the actual conditions, the worker concerned shall be entitled to claim damages resulting from the breach of the conditions of employment or may terminate the labor contract forthwith.
(2) If a worker intends to claim indemnity for damages in accordance with paragraph (1), he may do so with the Labor Relations Commission. If a labor contract has been terminated, an employer shall pay travel expenses to a worker who changes his residence for the purpose of securing new job.
Ⅸ. Legal Action
1. If there is a dispute between the parties, the parties agree to the final judgment of a Korean civil court or Korean civil law, whatever the final decision may be.
2. If at any time the Employee leaves the Institute without giving prior notice, and without going through the appropriate procedures, the Employer has the right to pursue legal actions, within or outside of Korea, for damages and attorney fees, against the Employee.
Date:
________
Employer
________
Employee
________
Witness
Korean Institute Seal:
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Last edited by alabamaman on Fri Jun 30, 2006 8:14 pm; edited 2 times in total |
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jacl
Joined: 31 Oct 2005
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Posted: Fri Jun 30, 2006 7:50 pm Post subject: |
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TheUrbanMyth wrote: |
jacl wrote: |
. If you teach anymore than 20 fifty-minutes classes in one day, it's OT. b] |
20 classes a day? What? Even if you meant week or month that's not overtime.
To the OP: More than SIX 50-minutes classes a day should be OT. |
So, I made a mistake, bright eyes.
Yes, it's six 50-minute classes. |
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