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juliebaas

Joined: 19 Aug 2006 Location: Somewhere near Seoul
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Posted: Tue Aug 22, 2006 11:31 am Post subject: Can you believe this contract |
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I asked for a contract for a position in Bundang and this is the contract I was sent - on one hand I guess I should be glad it is so skimpy, as I have seen some that detail you to death, on the other hand, should I be concerned about a school that would send out a contract like this?
Employment Contract
POSITION: English Instructor
EMPLOYER
1. Name of the school
2. Address
Hereafter to be referred to as the
Employer.
EMPLOYEE
1. Employee�s name
2. Address
Hereafter to be referred to as the
Employee.
The parties agree as follows:
1. TERM OF CONTRACT
This contract will be valid for a period of 12months beginning __________ _____ and ending ___________________ .
2. CONDITIONS OF EMPOLYMENT
a). The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.
b). The Employee will be required to work for regularly scheduled hours from Monday to Friday, Each teaching hour in excess of 30 hours a week is considered as overtime.
c). Classes and teaching hours are scheduled at the institute's sole discretion.
3. SERVICES PROVIDED BY THE EMPLOYER
a). PAYMENT
The Employer will pay a monthly salary of __2,000,000__won for regularly scheduled hours (Payment of salary commences from the first day of teaching.)
b). The Employer may ask the Employee to work over time (the Employee has an option to refuse and will not be forced), and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of _25000_ __ won.
c). The employee salary will be paid on the _10_th of each month.
4. HOUSING
The Employer will provide the Employee a furnished Single housing and the Housing will be provided at no cost to the Employee with the exception of maintenance and bills.
5. VACATION
a). The Employee may have 7 days as paid vacation per year, which will be organized by the institute.
6. RENEWAL & TERMINATION OF CONTRACT
a). RENEWAL
The Employee must give the Employer a written 30-day notice before renewal or non-renewal of the Employee's current contract.
b). Both the Employer and the Employee reserve the option to renew the contract.
c). TERMINATION OF CONTRACT
Both parties will give at least a written 30-day notice prior to the termination date of the contract.
d). The Employer retains the right to terminate the contract
immediately if:
* The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis, continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.
*. The Employee participates in any type of criminal activity of corruption of public morals which violates the laws of the Republic of South Korea.
If, for any reason, the contract is terminated before the full completion of the contract period:
The Employee will be wholly responsible for any /maintenance and phone bills remaining for the duration of their housing lease.
Date : , , .
EMPLOYER
Signature
EMPLOYEE
Signature |
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formerflautist

Joined: 30 May 2006
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Posted: Tue Aug 22, 2006 3:37 pm Post subject: |
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Run from this one.
You can get a better salary.
Seven days vacation is crap. Standard is fourteen, plus national holidays. All should be paid.
Being paid on the tenth of the month is unacceptable.
Working hours aren't defined. You could be working any hours they want.
What's their definition of furnished apartment? You could get here and not even have a bed. Get it in writing everything that's in the apartment.
There's no mention of taxes, pension or medical insurance. |
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Dev
Joined: 18 Apr 2006
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Posted: Tue Aug 22, 2006 4:17 pm Post subject: |
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There's no free plane ticket (or an allowance in place of one) and no mention of severence pay.
There are much better deals out there - even for the inexperienced teacher. |
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Hater Depot
Joined: 29 Mar 2005
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Posted: Tue Aug 22, 2006 4:25 pm Post subject: |
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| 7 days vacation is not just crap, it's illegal if I read the Labor Standards Act correctly. I believe 12 is the required minimum. |
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juliebaas

Joined: 19 Aug 2006 Location: Somewhere near Seoul
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Posted: Tue Aug 22, 2006 4:56 pm Post subject: Am I being a sucker on this |
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So, I emailed the guy about the contract and stated what I needed, ie. details on holidays, pension, medical, specific hours, and a minimuim of 2.2 (by the way I have a masters in teaching with 5 years experience) and they is the reply. I am very tempted because he teachs there and it sounds like a good school, which is hard to get in Korea. What should I do?
> dont worry to much..
> I told you everything over the phone..
> yes furnished house, 5 sick days, paid holidays, and severance etc..
> I wouldnt keep anything from you..
> itsd as same as any other contract in korea..
> yes she wil pay 2.2 million, but she wont provide the better house..
> 2.0 you get the studio Apartment..
> 2.2 you get the one room small place.. which most teachers get..
> Ive asked the boss to give more money with the beter house.. she said no..
> the house is real good, so its worth it in the end..
> you workl less hours which means you can do privates easily..
>
> other schools wil not let you do privates, and have you at the school for 8-9hours
> our school is 6 hours..our school is very good, I have given my word..
> not much else to say accept DONT WORRY...
> you wont find a better school than this..trust me...
>
> no our school is not looking for any more teachers.. but I will be able to find you a job.
> yes the visa run will be paid for...
> let me know what else you need to know..
> ohh the house.. furnished with bed, tv, fridge, washing machine.. standard as every other school offers..
> one thing our school offers.. is no lies!! we do what we say!
> other schools wil lie, cheat, and do anything to get you there,. then you are stuck!
> everything I have told you is how it is..
> hours 2 - 8 ...
> let me know... |
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poet13
Joined: 22 Jan 2006 Location: Just over there....throwing lemons.
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Posted: Tue Aug 22, 2006 4:59 pm Post subject: |
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As the current 'victim' of a 'poorly worded contract, I would say walk away. Or, present your own contract and see what they say. There are enough contracts posted here, with critiques, that you could piece together something fair to both you and the employer. If they wont have any of it, then walk away.
Something I have discovered, at least in my case, is that a poorly worded contract is not in fact a poorly worded contract, but a clever work of art to be interpreted in every way possible in the employers favor. |
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ajgeddes

Joined: 28 Apr 2004 Location: Yongsan
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Posted: Tue Aug 22, 2006 5:15 pm Post subject: Re: Am I being a sucker on this |
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| juliebaas wrote: |
> yes she wil pay 2.2 million, but she wont provide the better house..
> 2.0 you get the studio Apartment..
> 2.2 you get the one room small place.. which most teachers get..
> Ive asked the boss to give more money with the beter house.. she said no.. |
Uhhhh.... Isn't a studio a one room apartment, or am I missing something? |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Tue Aug 22, 2006 5:23 pm Post subject: Re: Am I being a sucker on this |
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| juliebaas wrote: |
So, I emailed the guy about the contract and stated what I needed, ie. details on holidays, pension, medical, specific hours, and a minimuim of 2.2 (by the way I have a masters in teaching with 5 years experience) and they is the reply. I am very tempted because he teachs there and it sounds like a good school, which is hard to get in Korea. What should I do?
> dont worry to much..
> I told you everything over the phone..
> yes furnished house, 5 sick days, paid holidays, and severance etc..
> I wouldnt keep anything from you..
> itsd as same as any other contract in korea..
> yes she wil pay 2.2 million, but she wont provide the better house..
> 2.0 you get the studio Apartment..
> 2.2 you get the one room small place.. which most teachers get..
> Ive asked the boss to give more money with the beter house.. she said no..
> the house is real good, so its worth it in the end..
> you workl less hours which means you can do privates easily..
>
> other schools wil not let you do privates, and have you at the school for 8-9hours
> our school is 6 hours..our school is very good, I have given my word..
> not much else to say accept DONT WORRY...
> you wont find a better school than this..trust me...
>
> no our school is not looking for any more teachers.. but I will be able to find you a job.
> yes the visa run will be paid for...
> let me know what else you need to know..
> ohh the house.. furnished with bed, tv, fridge, washing machine.. standard as every other school offers..
> one thing our school offers.. is no lies!! we do what we say!
> other schools wil lie, cheat, and do anything to get you there,. then you are stuck!
> everything I have told you is how it is..
> hours 2 - 8 ...
> let me know... |
With your credentials you can do MUCH better both in terms of salary and housing.
The contract is garbage and the word of anyone (he said, "trust me") who is not a signatory to the contract is meaningless. If it's not in the contract the boss can and probably will deny anything that is to your benefit that will cost him money.
A poorly worded contract is NOT in your favor. Walk on. |
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Grotto

Joined: 21 Mar 2004
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Posted: Tue Aug 22, 2006 5:26 pm Post subject: |
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Employment Contract
POSITION: English Instructor
EMPLOYER
1. Name of the school
2. Address
Hereafter to be referred to as the
Employer.
EMPLOYEE
1. Employee’s name
2. Address
Hereafter to be referred to as the
Employee.
The parties agree as follows:
1. TERM OF CONTRACT
This contract will be valid for a period of 12months beginning __________ _____ and ending ___________________ .
2. CONDITIONS OF EMPOLYMENT
a). The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.
b). The Employee will be required to work for regularly scheduled hours from Monday to Friday, Each teaching hour in excess of 30 hours a week is considered as overtime.
c). Classes and teaching hours are scheduled at the institute's sole discretion.
never agree to this nonsense as you could end up working splits....working hours need to be clearly defined!
3. SERVICES PROVIDED BY THE EMPLOYER
a). PAYMENT
The Employer will pay a monthly salary of __2,000,000__won for regularly scheduled hours (Payment of salary commences from the first day of teaching.)
b). The Employer may ask the Employee to work over time (the Employee has an option to refuse and will not be forced), and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of _25000_ __ won.
c). The employee salary will be paid on the _10_th of each month.
go for the 5'th...there is no reason you cant be paid at the end of the month you worked...I dont know why hogwans keep pulling this when it violates Korean labour laws!
4. HOUSING
The Employer will provide the Employee a furnished Single housing and the Housing will be provided at no cost to the Employee with the exception of maintenance and bills.
you want to know what furnishings are available and whats this maintenance?(I recall being charged maintenance and not a whole hell of alot was done, maybe the odd swamping out the elevator after a particularily bad soju night)
5. VACATION
a). The Employee may have 7 days as paid vacation per year, which will be organized by the institute.
min 10
6. RENEWAL & TERMINATION OF CONTRACT
a). RENEWAL
The Employee must give the Employer a written 30-day notice before renewal or non-renewal of the Employee's current contract.
b). Both the Employer and the Employee reserve the option to renew the contract.
c). TERMINATION OF CONTRACT
Both parties will give at least a written 30-day notice prior to the termination date of the contract.
d). The Employer retains the right to terminate the contract
immediately if:
* The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis, continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.
*. The Employee participates in any type of criminal activity of corruption of public morals which violates the laws of the Republic of South Korea.
If, for any reason, the contract is terminated before the full completion of the contract period:
The Employee will be wholly responsible for any /maintenance and phone bills remaining for the duration of their housing lease.
Date : , , .
EMPLOYER
Signature
EMPLOYEE
Signature
pension? health care? tax? airfare?
lots of blanks in this one....could be worse though |
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TheUrbanMyth
Joined: 28 Jan 2003 Location: Retired
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Posted: Tue Aug 22, 2006 5:31 pm Post subject: Re: Can you believe this contract |
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| juliebaas wrote: |
I asked for a contract for a position in Bundang and this is the contract I was sent - on one hand I guess I should be glad it is so skimpy, as I have seen some that detail you to death, on the other hand, should I be concerned about a school that would send out a contract like this?
Employment Contract
POSITION: English Instructor
EMPLOYER
1. Name of the school
2. Address
Hereafter to be referred to as the
Employer.
EMPLOYEE
1. Employee�s name
2. Address
Hereafter to be referred to as the
Employee.
The parties agree as follows:
1. TERM OF CONTRACT
This contract will be valid for a period of 12months beginning __________ _____ and ending ___________________ .
2. CONDITIONS OF EMPOLYMENT
a). The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.
b). The Employee will be required to work for regularly scheduled hours from Monday to Friday, Each teaching hour in excess of 30 hours a week is considered as overtime.
c). Classes and teaching hours are scheduled at the institute's sole discretion.
3. SERVICES PROVIDED BY THE EMPLOYER
a). PAYMENT
The Employer will pay a monthly salary of __2,000,000__won for regularly scheduled hours (Payment of salary commences from the first day of teaching.)
b). The Employer may ask the Employee to work over time (the Employee has an option to refuse and will not be forced), and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of _25000_ __ won.
c). The employee salary will be paid on the _10_th of each month.
4. HOUSING
The Employer will provide the Employee a furnished Single housing and the Housing will be provided at no cost to the Employee with the exception of maintenance and bills.
5. VACATION
a). The Employee may have 7 days as paid vacation per year, which will be organized by the institute.
6. RENEWAL & TERMINATION OF CONTRACT
a). RENEWAL
The Employee must give the Employer a written 30-day notice before renewal or non-renewal of the Employee's current contract.
b). Both the Employer and the Employee reserve the option to renew the contract.
c). TERMINATION OF CONTRACT
Both parties will give at least a written 30-day notice prior to the termination date of the contract.
d). The Employer retains the right to terminate the contract
immediately if:
* The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis, continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.
*. The Employee participates in any type of criminal activity of corruption of public morals which violates the laws of the Republic of South Korea.
If, for any reason, the contract is terminated before the full completion of the contract period:
The Employee will be wholly responsible for any /maintenance and phone bills remaining for the duration of their housing lease.
Date : , , .
EMPLOYER
Signature
EMPLOYEE
Signature |
Some red flags. In number 2 (b) and (c) contradict each other in terms of hours worked.
3(a). The salary is rather low.
3(c) The pay date is too late. No later than the 5th.
5(a) 10-14 days is standard for vacation and you should be able (within reason) to pick your own days.
6(c) and (d). So you have to give a 30 days notice, while they can terminate you immediately? PLUS you are responsible for all housing bills for the duration of the lease even if you terminate your contract early. NEVER accept a contract that has that clause in it.
Keep looking. |
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formerflautist

Joined: 30 May 2006
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Posted: Tue Aug 22, 2006 5:45 pm Post subject: |
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| The guy you are e-mailing seems to be Korean. Get e-mail addresses of other foreign teachers. He's also telling you it's okay to do privates when it's illegal. This school is shady. |
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juliebaas

Joined: 19 Aug 2006 Location: Somewhere near Seoul
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Posted: Tue Aug 22, 2006 6:04 pm Post subject: Thanks for the help |
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Thanks for all the great replies, some of the critiques in the clauses, I didnt even think about..
Regarding the Korean thing, I talked to him on the phone and his accent is Australian, but you are right, the email sounds Korean - also only him and his friend are the teachers at the school, I would be the third. I think you are right this is too shady. bummer. I so hoped this would be a good position. anyone heard of Longbridge pacific recruiting? They have a position in Incheon that looks interesting. |
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Hater Depot
Joined: 29 Mar 2005
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Posted: Tue Aug 22, 2006 6:53 pm Post subject: |
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| Don't worry about the recruiter, worry about the school and the contract. |
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Grotto

Joined: 21 Mar 2004
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Posted: Tue Aug 22, 2006 7:00 pm Post subject: |
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| its not some guy named Tommy is it? |
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juliebaas

Joined: 19 Aug 2006 Location: Somewhere near Seoul
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Posted: Tue Aug 22, 2006 7:02 pm Post subject: |
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But of the recruiter is a teacher at the school, shouldnt I worry? And I'm worried about all of it.
His name is Christian. |
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