Korean Job Discussion Forums

[CGriswald309B]

Well, I've been pondering this contract but I think I'm gonna have to say no. Do you think I'm doing the right thing in declining? The only problem is that I've been looking for about 4 weeks now and haven't come up with anything better. I'm working with 3 different recruiting companies but still no luck. Anyway, here is the contract. Oh yeah, I have no experience teaching in Korea but have 2 1/2 years teaching in Madrid.

ETS Business Contract

This contract is written in accordance with the laws of South Korea between ETS/CAIS and ( ) a citizen of ( ) on this ( ) day of ( ), 2006.

The teacher, known as the teacher in this contract, agrees to follow the policies and procedures as outlined in this contract by the ETS/CAIS(Calvert & American International School) and understands that he/she is being employed specifically for the responsibilities set forth in this contract.

1. STIPULATIONS OF BUSINESS
1-1. The teacher promises to teach his/her lessons according to the instructions and methods of the school.
1-2. The teacher promises to follow the rules outlined in the contract while in the business of CAIS.

2. LOCATION OF BUSINESS
2-1. The teacher will work at the address mentioned in the contract (known as place of business).
2-2. The teacher may, at the request of the Director, be assigned classes at ETS/CAIS(sister schools) below.
2-3. 112-2 SuAnDong DongNaeGu Busan S.Korea / 1479-3 JoaDong HaeUnDaeGu Busan, S.Korea
2-4. The teacher may, at the request of the Director, be assigned to off-site instruction at any of school branches . In this case the school will pay any additional transportation expenses.

3. DUTIES OF Business
3-1. The teacher promises to follow and obey:
a. Rules.
b. Instructions given by the school.
c. Instructions given by the Director.
d. Training given by the school or Director.
3-2. The teacher promises to attend and participate in all:
a. Workshops.
b. Class programs.
c. Meetings.
d. Other school functions.
3-3. For the duration of the contract the teacher�s work hours shall be:
a. A total of 30 hours per week.
b. Between the days of Monday through Friday.
1. Set schedules are not guaranteed.
3-4. The school has the right to add additional hours to the work schedule.
a. Not to exceed 35 hours without teacher�s consent.
b. All hours over the base 30 hours will be considered overtime.
1. Overtime is paid at a rate of 20,000 Won per hour.
c. Workshops and meeting are not considered overtime.
3-5. The Director can require the teacher to do other work besides teaching classes. This work will be related to:
a. Education.
b. Needs of the school.
3-6. The teacher promises to follow all rules set by the school.
a. In cases of disagreement or changes the teacher will arbitrate directly with the school.
3-7. The teacher must come to work as specified in this contract with the exception of Korean national holidays.
3-8. The teacher promises to follow all agreements between the teacher and the school as set forth in this contract.

4. COMPENSATION
4-1. Total salary: 2,000,000 Won
a. Base monthly salary is (1,800,000 Won) Based on a 30 hour per week work schedule.
b. Upon completion of a one year contract the teacher will receive 4,200,000 won (as Severance Pay 1,800,000+National Pension 2,400,000 won).
4-2. Payment is calculated from the 8th day of each month to the 7th day of the next month.
a. If the teacher starts after the 8th of the month, payment will be calculated from when they start to the 7th day of the next month.
b. Monthly pay will be paid on 15th day each month.
4-3. The teacher is paid for all national holidays (They are marked on the calendar).
4-4. The teacher is granted up to 3 unpaid days for adjustment and orientation to Korea.

5. CONTRACT DURATION
5. The duration of the contract is 12 months.
6. ( June , 2006 -- June , 2007 )
The contract starts from the first hour of your first day lessons being taught under your E-2 visa to the last hour of your last day of lessons being taught � an exact 12 month duration. All changes to this contract must be approved by the school.

6. RELEASE AND TERMINATION
6-1. The school has the right to terminate the teacher for substantial causes.
a. Tardiness
b. Absence
c. Ignoring the Director�s instructions
d. Disobedience
e. Failure to follow items outlined in the contract
6-2. In the case of termination the teacher will receive 30 days advance notice.
6-3. Immediate termination (termination without notice) will occur for
a. Improper behavior.
b. Criminal acts.
c. Sexual acts.

7. PROMISE (AGREEMENT)
7-1. If the teacher wants to terminate his/her business with the school, he/she must present, in writing, the explanation for termination to the Director of the school at least 30 days prior to the desired termination date.
a. If the explanation is not deemed satisfactory the teacher may be terminated immediately.
7-2. After signing and during the time the contract is in force the teacher is representing the school and will conduct himself/herself in an appropriate manner.
7-3. During the contract, the school has the rights to any and all material developed by the teacher.
a. This is to include income generated by the publication or sale of this material.
b. The teacher will be compensated for any overtime work involved in the creation of such material.

8. AGREEMENT
This contract is considered binding/
a. Unless changes are presented in writing and approved by both parties.
b. Any other changes will void all duties thereof.

9. ADDITIONAL AGREEMENTS
Any private documents related to this contract may be directly forwarded to the school at the known address of the school.
a. All requests from director or school must be in writing.
ie. Requests for pertinent information such as Diplomas.
ie. Requests for teacher information such as letters of reference.

10. MODIFICATION
This contract has been written with the full understanding of both parties.
a. In the event of problems related to this contract.
A. Differences are to be stated in writing to the other party.
B. Replies to those differences are to be stated in writing.
b. Changes made without the consent of both parties are null and void.

11. LIABILITY
11-1. The school is not responsible for any accidents caused at the hands of the teacher.
a. To the teacher
b. To other individuals
11-2. The school is not responsible for any damages caused due to actions related to deportation.

12. RECOGNITION
If either party, the teacher or school, breaks this agreement the contract will be deemed void.

13. LANGUAGE
This contract has been written in terms and language comprehended by both parties.

14. LEGAL TERMS
This contract has been written in agreement with the laws of Korea, therefore any violation thereof is punishable by the courts of this land.

ADDITIONAL CONTENTS
1. School will provide housing with basic furnishings (utilities not included).
A. Single(One room) apartment
B. Teacher is responsible for all damages to apartment.
C. Teacher must pay for all utilities.
D. At the end of the contract 50,000 Won will be deducted from the last check to cover the final cleaning.
2. At the end of the contract the apartment is to be
A. Returned in the same or better condition
B. With all the furnishings
C. Teacher must return their apartment key before they receive their last month�s pay.
D. Keys are to be turned in at the end of the contract.
E. There will be a fine of 20,000 Won for each day after the contract ends that the teacher stays in the apartment or fails to return the keys.
F. All income is subject to a 3.3% tax, which will be deducted from your pay monthly.
G. 20,000 Won will be deducted for each hour of missed classes.
A. If a doctor�s or hospital note is presented only the actual per hour salary will be deducted.
H. 3 notices over the course of the contract will result in termination.
I. Use of Korean during class is forbidden.
J. Health insurance is available if teacher needs it.
A. Teacher pays 50% and school pays 50%.
K. 10 days paid vacation
A. 3 days during the school summer vacation.
B. 7 days at the conclusion of the one year contract.
C. 7 vacation days can be given before end of contract to put affairs in order.
i. Your last class can be 7 days before your 1 year contract end.
ii. If the school requires the teacher to teach last 7days of the contract, the teacher will get paid for those days.
iii. Teacher will use the days among 10 days paid vacation to proceed E2 Visa if teacher came to Korea without E2 Visa.
iv. In case new teacher came to Korea without E2 Visa, teacher will treat the airfare to proceed E2 Visa outside of Korea.
L. The teacher must teach classes according to ETS/CAIS teaching methods.
A. No personal material may be used without Director�s approval.
M. Teachers are not allowed to sit down during classes.
N. The teacher is responsible for their own finances, no advances are granted.
O. The teacher is required to spend 3 classes observing ETS/CAIS teaching methods and/or receive training. The 3 classes of training are unpaid.
P. The school will provide one way ticket to a major city(LA, Chicago, Washington/ Vancouver, Toronto) near the teacher�s hometown at the conclusion of a one year contract. But school will not provide the air tickets and teacher must return to school one way ticket school provided when she/he came to Korea, in case you fail to complete of the 1 year contract.

NOTE: Before coming to Korea you must have your E-2 visa. For this reason all documents are required to be in the possession of the school at least 30 days in advance of your intended arrival.

This document has been written with the agreement of the teacher and school on the ( th) day of ( ), 2006.
Signing of this contract by both parties indicates agreement to all terms and conditions of the contract.


School: Edward Joe Signature

Teacher: Signature

[ttompatz]

[CGriswald309B]

Actually, according to the info I found (supplied by the US government)..

By Korean law, discussed below, all full-time employees, Korean or foreign, are entitled to receive severance pay of one month's salary for each year of employment. Employers cannot ask you to waive this, nor can they get around it by employing you on an 11-month contract. However, Korean courts have ruled that unless a Hakwon instructor actually TEACHES 40 or more hours per week, as spelled out contractually, he is NOT 'full-time' and is NOT eligible for severance pay.

So, according to the Korean courts I wouldn't be entitled to severance pay.

[kprrok]

I'd tell them to sod off on teh basis of the "we can make you work anywhere we deem necessary" without mentioning that its illegal unless you get immi approval. Plus all the other crap pointed out above.

Pass.

KPRROK

[denverdeath]

[denverdeath]