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Another contract to ponder

 
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ginger7



Joined: 17 Jun 2006
Location: Daegu

PostPosted: Mon Aug 07, 2006 6:57 am    Post subject: Another contract to ponder Reply with quote

Apart from the weirdness in clause 7b, the minimal vacation days, and a lack of clearly defining the working hours (which he told me would be 3-9), I don't know what's wrong with this contract. Any help would be greatly appreciated.

Employee is hired by Employer as an instructor for the following period.
October 1, 2006 - September 30, 2007

The parties agree to carry out the terms of employment as set forth herein.

The following is a description of the Employer/Employee relationship.
The Employer and Employee are expected to comply with the following conditions.

1. Schedule
The number of regular teaching hours will be 120 hours per month which is 30 hours per week for 4.3 weeks. Classes will be held from Monday to Friday including teaching at other designated classes, in which case(s) the public transportation fee shall be paid to the teacher. 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. The Employee shall not accept any work not assigned by the Institute unless it is approved by the Institute Director.

2. Pay
The Employer agrees to pay the Employee a yearly salary and bonus/severance payment in the amount of ___2.0 Million__ won(₩ _2,000,000 __). It will be disbursed in thirteen(13) payments over the course of twelve(12) months in the following manner.

a. 2.0 Million won (₩ _2,000,000__) per month for twelve(12) months. Pay period begins on the first day and ends on the last day of each month and the monthly salary is payable on the 15th of the month following each pay period. However, on the last month of the contract term, the monthly salary is to be paid on the last day of the contract term. The overtime rate for each hour worked over and above 120 hours per month is _16,700___ won (₩ 16,700__) per hour. Korean Income and Resident taxes will be withheld. The Income Tax rate on the monthly salary is 3-5%. In the event of accumulated total regular teaching hours are less than 120 hours on specific month due to successive holidays and/or other reason(s), the Employer will assign other duties to the Employee in advance. Other duties shall include development of educational programs and materials, other type(s) of teaching related to the growth of the Institute.

b. Bonus/Severance Payment. The Employee will be given an additional one/twelfth of their annual salary (equivalent to one month salary of ₩ 2,000,000 won_______) for completing the contract period. This amount will be paid at the time of and is dependent on completion of the full contract term. This amount is also subject to Korean Income and Resident Taxes. The Income Tax rate on the bonus/severance payment is 2-3%.

3. Airfare
The Employee will be paid one way airline ticket to Seoul upon arrival to the Institute with the valid receipt. Return ticket will be paid upon successful completion of the contract.

4. Housing
The Employer agrees to provide housing for the Employee. The Employee is not responsible for the payment of rent. The Employee is responsible for paying their share of utilities. Utilities in housing ranges from $30 - $50.
Housing will be provided in the following manner: A private room in a building.
The Employer agrees to provide the basic household furnishings for the Employee. Furnishings provided by the employer include blanket, pillow, sink, kitchen table, chair, microwave oven, bed, cooking utensils, hot water for bathing and a western style toilet. The other amenities provided are: an air condition, a telephone, TV, cable TV, video player, wardrobe and a refrigerator.

5. Medical Insurance and Pension
According to the Korean law, the Employer agrees to provide medical insurance and pension for the Employee.
The Employer further agrees to pay fifty(50) percent of the premium. The Employee is responsible for the other fifty(50) percent and the Employee's portion of the premium is made through deduction from salary. Dental and pre-existing conditions are not included. Pension will be retrieved at the end of the contract term.

6. Conditions of Employment
The teacher's work shall consist primarily of the following:
a. EFL instruction in any and all phases of the Institute's program to classes that range from the elementary-school to other higher level(s).
b. Lesson preparation
c. Grading and evaluation of students
d. Attendance at quarterly weekend workshop
e. Other related activities

7. Duties of Teachers
a. During the term of this Agreement, the teacher shall cooperate, and comply with the instructions, training and supervision of Director and/or the Academic Supervisor and shall carry out such assignments as directed by Director and/or the Academic Supervisor. These duties shall include the instructional program, related to the teacher's classroom duties, attendance at scheduled staff meetings and workshops, and any additional duties as assigned by Director and/or the Academic Supervisor.

b. Non-paid lesson preparation prior to the classes by the Employee shall be made at the Institute 90 minutes in advance on a daily basis during the term of this contract. During this hour activities other than lesson preparation such as cross talk, reading a magazine/storybook & novel, is detrimental to other teachers' preparation.

c. The Employee is expected to conduct the class without assistance. When it is deemed necessary, the Employee may be assisted by a Korean teacher.

8. Holidays/annual/sick leave/tardiness notification procedures
a. Holidays. There are about 13-15 Korean national holidays per year. The Employee is not required to work on these days.

b. Annual leave. The Employee is permitted six(6) days of paid leave per year. Paid leave can be taken no more than three(3) days at one time unless prior arrangement is made with the Employer.

c. Unpaid leave. Unpaid leave is permitted only under extreme and unusual circumstances. Extreme and unusual circumstances includes, but not limited to, death or serious illness of self or immediate family members. Upon presentation of proper notice and proof to the Employer, the Employee may be granted up to seven(7) days of unpaid leave.

d. Sick leave. The Employee is permitted up to three(3) days of paid sick-leave and three(3) days of unpaid sick-leave per year. Unused sick-leave may not be taken as annual leave. In order to be eligible for paid sick-leave, when the Employee is unable to attend class due to illness, he or she shall notify the Employer, with an accompanying proof of illness from a physician either the night before the absence or as early as possible on the morning of the absence. If the Employee fails to notify the Employer with proper proof of illness, the employer has the right to deduct one day's pay for every day the Employee is absent from work.

e. Punctuality : If the Employee is late , up to 10 minutes ₩ 3,000 may be deducted, and for over 10 minutes ₩ 20,000 may be deducted. Deducted money accumulated shall be used for teachers' dinner.

9. Release from the Contract.
Both parties have the right to make the contract null and void under one of the following circumstances:
a. The health of the Employee is such that it is deemed impossible for the Employee to continue work, or

b. Blatant misconduct by the Employee or employer either professionally or otherwise, or

c. The Employee will not be allowed to teach private lessons outside of the place of employment without permission of the Employer. Such action is grounds for immediate dismissal. In this case, the Employer will not pay the teacher return ticket and severance payment, or

d. The Employee or dependents violate Korean law, or

e. In the event of war, civil strife, or other disturbances or matters that are seemed by either 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.

Notification Requirement. The Employer or Employee may annul the Contract by giving a minimum of three(3) months advance notice in writing. In the case of the Employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment includes, but not limited to, persistent blatant and gross misconduct, conducting the class under the influence of intoxicants, continual absence, tardiness for classes (and/or neglect of class(es) preparation). If the Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. The Employee may seek annulment in cases where the Employer does not complete the terms as they are required to complete according to the contract.

10. Legal Action
If there is a dispute between the parties involved in this contract, the parties agree to the final judgment of a Korean Civil Court, or Korean Civil Law, whatever the final decision may be. If at anytime the Employee leaves the Institution without giving prior notice and without going through the appropriate procedures, the Employer has the right to pursue legal actions, for damages and attorney fees against the Employee. If the Employee has left Korea altogether, the Employer has the right to pursue legal action outside of Korea.

Signatures
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Grotto



Joined: 21 Mar 2004

PostPosted: Mon Aug 07, 2006 7:34 am    Post subject: Reply with quote

Employment Contract

Employee is hired by Employer as an instructor for the following period.
October 1, 2006 - September 30, 2007 at__________________school, located at(full address)
The parties agree to carry out the terms of employment as set forth herein.

The following is a description of the Employer/Employee relationship.
The Employer and Employee are expected to comply with the following conditions.

1. Schedule
The number of regular teaching hours will be 120 hours per month which is 30 hours per week for 4.3 weeks. Classes will be held from Monday to Friday including teaching at other designated classes, in which case(s) the public transportation fee shall be paid to the teacher.

Be aware that you need immigrations permission for each and every other location you are teaching at! You will also want to be paid for your travel time as well.....if it takes you half and hour to get there and half an hour to get back you should be compensated for it! Also delete that 4.3 weeks nonsense

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. The Employee shall not accept any work not assigned by the Institute unless it is approved by the Institute Director.

IF they say your hours are 3-9 get them stated clearly in the contract....otherwise they WILL change them on you!

2. Pay
The Employer agrees to pay the Employee a yearly salary and bonus/severance payment in the amount of ___2.0 Million__ won(₩ _2,000,000 __). It will be disbursed in thirteen(13) payments over the course of twelve(12) months in the following manner.

pay is low IMO....push for 2.2

a. 2.0 Million won (₩ _2,000,000__) per month for twelve(12) months. Pay period begins on the first day and ends on the last day of each month and the monthly salary is payable on the 15th of the month following each pay period.

Demand pay by the 5'th...legally they are supposed to pay you during the month worked....not half a month later!

However, on the last month of the contract term, the monthly salary is to be paid on the last day of the contract term. The overtime rate for each hour worked over and above 120 hours per month is _16,700___ won (₩ 16,700__) per hour.

OT rate is a joke....dont work for less than 25,000 won an hour OT!...your regular pay is 16,667 an hour...why work OT for 237 won an hour more?


Korean Income and Resident taxes will be withheld. The Income Tax rate on the monthly salary is 3-5%.

Its 1.5%!

In the event of accumulated total regular teaching hours are less than 120 hours on specific month due to successive holidays and/or other reason(s), the Employer will assign other duties to the Employee in advance. Other duties shall include development of educational programs and materials, other type(s) of teaching related to the growth of the Institute.

If they want you to do curriculum development in your spare time they can pay you for it....you were hired as an ESL teacher and are being paid as such

b. Bonus/Severance Payment. The Employee will be given an additional one/twelfth of their annual salary (equivalent to one month salary of ₩ 2,000,000 won_______) for completing the contract period. This amount will be paid at the time of and is dependent on completion of the full contract term. This amount is also subject to Korean Income and Resident Taxes. The Income Tax rate on the bonus/severance payment is 2-3%.

still a bit high! Its less

3. Airfare
The Employee will be paid one way airline ticket to Seoul upon arrival to the Institute with the valid receipt. Return ticket will be paid upon successful completion of the contract.

4. Housing
The Employer agrees to provide housing for the Employee. The Employee is not responsible for the payment of rent. The Employee is responsible for paying their share of utilities. Utilities in housing ranges from $30 - $50.

Utilities run about twice that at least! What kind of housing is this? You want a private single apartment

Housing will be provided in the following manner: A private room in a building.
The Employer agrees to provide the basic household furnishings for the Employee. Furnishings provided by the employer include blanket, pillow, sink, kitchen table, chair, microwave oven, bed, cooking utensils, hot water for bathing and a western style toilet. The other amenities provided are: an air condition, a telephone, TV, cable TV, video player, wardrobe and a refrigerator.

5. Medical Insurance and Pension
According to the Korean law, the Employer agrees to provide medical insurance and pension for the Employee.
The Employer further agrees to pay fifty(50) percent of the premium. The Employee is responsible for the other fifty(50) percent and the Employee's portion of the premium is made through deduction from salary. Dental and pre-existing conditions are not included. Pension will be retrieved at the end of the contract term.

Currently about 2.24% each

6. Conditions of Employment
The teacher's work shall consist primarily of the following:
a. EFL instruction in any and all phases of the Institute's program to classes that range from the elementary-school to other higher level(s).
b. Lesson preparation
c. Grading and evaluation of students
d. Attendance at quarterly weekend workshop

as long as they fall within Mon-Fri during regular hours no probcolor]

e. Other related activities


7. Duties of Teachers
a. During the term of this Agreement, the teacher shall cooperate, and comply with the instructions, training and supervision of Director and/or the Academic Supervisor and shall carry out such assignments as directed by Director and/or the Academic Supervisor. These duties shall include the instructional program, related to the teacher's classroom duties, attendance at scheduled staff meetings and workshops, and any additional duties as assigned by Director and/or the Academic Supervisor.

[color=red]again as long as they fall within regular business hours no problem!


b. Non-paid lesson preparation prior to the classes by the Employee shall be made at the Institute 90 minutes in advance on a daily basis during the term of this contract. During this hour activities other than lesson preparation such as cross talk, reading a magazine/storybook & novel, is detrimental to other teachers' preparation.


c. The Employee is expected to conduct the class without assistance. When it is deemed necessary, the Employee may be assisted by a Korean teacher.

8. Holidays/annual/sick leave/tardiness notification procedures
a. Holidays. There are about 13-15 Korean national holidays per year. The Employee is not required to work on these days.

b. Annual leave. The Employee is permitted six(6) days of paid leave per year. Paid leave can be taken no more than three(3) days at one time unless prior arrangement is made with the Employer.

10 days is the minimum!

c. Unpaid leave. Unpaid leave is permitted only under extreme and unusual circumstances. Extreme and unusual circumstances includes, but not limited to, death or serious illness of self or immediate family members. Upon presentation of proper notice and proof to the Employer, the Employee may be granted up to seven(7) days of unpaid leave.

d. Sick leave. The Employee is permitted up to three(3) days of paid sick-leave and three(3) days of unpaid sick-leave per year. Unused sick-leave may not be taken as annual leave. In order to be eligible for paid sick-leave, when the Employee is unable to attend class due to illness, he or she shall notify the Employer, with an accompanying proof of illness from a physician either the night before the absence or as early as possible on the morning of the absence. If the Employee fails to notify the Employer with proper proof of illness, the employer has the right to deduct one day's pay for every day the Employee is absent from work.

No you dont! Unecessary penalty clause! You shouldnt need to provide a doctors note unless you miss two or more consecutive days!

e. Punctuality : If the Employee is late , up to 10 minutes ₩ 3,000 may be deducted, and for over 10 minutes ₩ 20,000 may be deducted. Deducted money accumulated shall be used for teachers' dinner.


9. Release from the Contract.
Both parties have the right to make the contract null and void under one of the following circumstances:
a. The health of the Employee is such that it is deemed impossible for the Employee to continue work, or

b. Blatant misconduct by the Employee or employer either professionally or otherwise, or

c. The Employee will not be allowed to teach private lessons outside of the place of employment without permission of the Employer. Such action is grounds for immediate dismissal. In this case, the Employer will not pay the teacher return ticket and severance payment, or

d. The Employee or dependents violate Korean law, or

e. In the event of war, civil strife, or other disturbances or matters that are seemed by either 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.

Notification Requirement. The Employer or Employee may annul the Contract by giving a minimum of three(3) months advance notice in writing. In the case of the Employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment includes, but not limited to, persistent blatant and gross misconduct, conducting the class under the influence of intoxicants, continual absence, tardiness for classes (and/or neglect of class(es) preparation). If the Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. The Employee may seek annulment in cases where the Employer does not complete the terms as they are required to complete according to the contract.

10. Legal Action
If there is a dispute between the parties involved in this contract, the parties agree to the final judgment of a Korean Civil Court, or Korean Civil Law, whatever the final decision may be. If at anytime the Employee leaves the Institution without giving prior notice and without going through the appropriate procedures, the Employer has the right to pursue legal actions, for damages and attorney fees against the Employee. If the Employee has left Korea altogether, the Employer has the right to pursue legal action outside of Korea.
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ginger7



Joined: 17 Jun 2006
Location: Daegu

PostPosted: Mon Aug 07, 2006 7:41 am    Post subject: Reply with quote

Thanks Grotto, I was hoping you would reply. I'll address these issues with the employer and if they don't fix them then I will walk away from the table.

He said that the current teacher has been there for two years and the one before him for three years. His English was really great. I'm supposed to talk to the current native teacher tonight and I'll see how that goes and how I feel about the position as a hole.

Thanks again for the help.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Aug 07, 2006 7:59 am    Post subject: Reply with quote

ginger7 wrote:
Thanks Grotto, I was hoping you would reply. I'll address these issues with the employer and if they don't fix them then I will walk away from the table.

He said that the current teacher has been there for two years and the one before him for three years. His English was really great. I'm supposed to talk to the current native teacher tonight and I'll see how that goes and how I feel about the position as a hole.

Thanks again for the help.


When you talk to the foreign teacher, GET HIS E-MAIL so you can chat with him AWAY from his boss. He will NEVER tell you the bad stuff when the boss is standing over his shoulder and listening in.
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alabamaman



Joined: 25 Apr 2006

PostPosted: Mon Aug 07, 2006 8:03 am    Post subject: Re: Another contract to ponder Reply with quote

Employee is hired by Employer as an instructor for the following period.
October 1, 2006 - September 30, 2007

You should have contractual language stating you shall work or participate in any other work related activities for the employer when you have your E2 Visa. Make sure in any contract it states that employment commences on E2 Visa issue date and ends on E2 Visa expiry date.

The parties agree to carry out the terms of employment as set forth herein.

The following is a description of the Employer/Employee relationship.
The Employer and Employee are expected to comply with the following conditions.

1. Schedule
The number of regular teaching hours will be 120 hours per month which is 30 hours per week for 4.3 weeks. Classes will be held from Monday to Friday including teaching at other designated classes, in which case(s) the public transportation fee shall be paid to the teacher. 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. The Employee shall not accept any work not assigned by the Institute unless it is approved by the Institute Director.

No defined working hours

2. Pay
The Employer agrees to pay the Employee a yearly salary and bonus/severance payment in the amount of ___2.0 Million__ won(₩ _2,000,000 __). It will be disbursed in thirteen(13) payments over the course of twelve(12) months in the following manner.

a. 2.0 Million won (₩ _2,000,000__) per month for twelve(12) months. Pay period begins on the first day and ends on the last day of each month and the monthly salary is payable on the 15th of the month following each pay period.

Paydate: Negotiate for the 3rd, but no later than the 5th.

However, on the last month of the contract term, the monthly salary is to be paid on the last day of the contract term. The overtime rate for each hour worked over and above 120 hours per month is _16,700___ won (₩ 16,700__) per hour.

Overtime rate: 20,000 Korean Won per hour

Korean Income and Resident taxes will be withheld. The Income Tax rate on the monthly salary is 3-5%.

Total amount withheld should be written in your contract.

Income taxes are 28,950 Korean Won deducted from your monthly salary throughout the contract period.

http://nts.go.kr/front/service/refer_cal/gani/refer_gani_eng.asp

Resident Taxes: 2,895 Korean Won (10% x 28,950)
*The 3%-5% figure is not accurate either way you look at it!



In the event of accumulated total regular teaching hours are less than 120 hours on specific month due to successive holidays and/or other reason(s), the Employer will assign other duties to the Employee in advance.

This is why you should get your hours defined in the contract, so your employer doesn't say you have to make up hours here & there. Stick with working the X amount of classes per month as appossed to X amount of hours.

Other duties shall include development of educational programs and materials, other type(s) of teaching related to the growth of the Institute.

Educational programs should be set in stone upon arrival. Other types of teaching meaning what Laughing Clarify with them as to exactly what they mean by "other types of teaching."

b. Bonus/Severance Payment. The Employee will be given an additional one/twelfth of their annual salary (equivalent to one month salary of ₩ 2,000,000 won_______) for completing the contract period. This amount will be paid at the time of and is dependent on completion of the full contract term. This amount is also subject to Korean Income and Resident Taxes. The Income Tax rate on the bonus/severance payment is 2-3%.

I know severance is subject to Income taxes, but I don't know about resident taxes. Don't let them pull the 3% income tax manuver on you. It may not be a bad idea to get the total amount of severance pay you will receive after taxes.



3. Airfare
The Employee will be paid one way airline ticket to Seoul upon arrival to the Institute with the valid receipt. Return ticket will be paid upon successful completion of the contract.

If you stay in Korea after completion of the contract, you should get the cast equivelant of a ticket.

4. Housing
The Employer agrees to provide housing for the Employee. The Employee is not responsible for the payment of rent. The Employee is responsible for paying their share of utilities. Utilities in housing ranges from $30 - $50.
Housing will be provided in the following manner: A private room in a building.
The Employer agrees to provide the basic household furnishings for the Employee. Furnishings provided by the employer include blanket, pillow, sink, kitchen table, chair, microwave oven, bed, cooking utensils, hot water for bathing and a western style toilet. The other amenities provided are: an air condition, a telephone, TV, cable TV, video player, wardrobe and a refrigerator.

5. Medical Insurance and Pension
According to the Korean law, the Employer agrees to provide medical insurance and pension for the Employee.
The Employer further agrees to pay fifty(50) percent of the premium. The Employee is responsible for the other fifty(50) percent and the Employee's portion of the premium is made through deduction from salary. Dental and pre-existing conditions are not included. Pension will be retrieved at the end of the contract term.

There are alot of specifics missing out of this clause.
-Your employer should deduct 2.24% of your monthly salary which will be in the amount of 44,800 Korean Won and pays the deductions to the National Health Insurance Corporation throughout the contract period.
-Your employer also prepays a three month lumpsum payment in the amount of (Your monthly salary x 2.24% x3) throughout the contract period to the National Health Insurance Coporation.


http://www.nhic.or.kr/wbe/faq/faq.html


6. Conditions of Employment
The teacher's work shall consist primarily of the following:
a. EFL instruction in any and all phases of the Institute's program to classes that range from the elementary-school to other higher level(s).
b. Lesson preparation
c. Grading and evaluation of students
d. Attendance at quarterly weekend workshop
e. Other related activities

7. Duties of Teachers
a. During the term of this Agreement, the teacher shall cooperate, and comply with the instructions, training and supervision of Director and/or the Academic Supervisor and shall carry out such assignments as directed by Director and/or the Academic Supervisor. These duties shall include the instructional program, related to the teacher's classroom duties, attendance at scheduled staff meetings and workshops, and any additional duties as assigned by Director and/or the Academic Supervisor.

b. Non-paid lesson preparation prior to the classes by the Employee shall be made at the Institute 90 minutes in advance on a daily basis during the term of this contract. During this hour activities other than lesson preparation such as cross talk, reading a magazine/storybook & novel, is detrimental to other teachers' preparation.




c. The Employee is expected to conduct the class without assistance. When it is deemed necessary, the Employee may be assisted by a Korean teacher.

8. Holidays/annual/sick leave/tardiness notification procedures
a. Holidays. There are about 13-15 Korean national holidays per year. The Employee is not required to work on these days.

b. Annual leave. The Employee is permitted six(6) days of paid leave per year. Paid leave can be taken no more than three(3) days at one time unless prior arrangement is made with the Employer.

10 days of annual leave: Annugal leave on working days only and weends shouldn't count.


c. Unpaid leave. Unpaid leave is permitted only under extreme and unusual circumstances. Extreme and unusual circumstances includes, but not limited to, death or serious illness of self or immediate family members. Upon presentation of proper notice and proof to the Employer, the Employee may be granted up to seven(7) days of unpaid leave.

d. Sick leave. The Employee is permitted up to three(3) days of paid sick-leave and three(3) days of unpaid sick-leave per year. Unused sick-leave may not be taken as annual leave. In order to be eligible for paid sick-leave, when the Employee is unable to attend class due to illness, he or she shall notify the Employer, with an accompanying proof of illness from a physician either the night before the absence or as early as possible on the morning of the absence. If the Employee fails to notify the Employer with proper proof of illness, the employer has the right to deduct one day's pay for every day the Employee is absent from work.

e. Punctuality : If the Employee is late , up to 10 minutes ₩ 3,000 may be deducted, and for over 10 minutes ₩ 20,000 may be deducted. Deducted money accumulated shall be used for teachers' dinner.



9. Release from the Contract.
Both parties have the right to make the contract null and void under one of the following circumstances:
a. The health of the Employee is such that it is deemed impossible for the Employee to continue work, or

b. Blatant misconduct by the Employee or employer either professionally or otherwise, or

c. The Employee will not be allowed to teach private lessons outside of the place of employment without permission of the Employer.



Such action is grounds for immediate dismissal. In this case, the Employer will not pay the teacher return ticket and severance payment, or

d. The Employee or dependents violate Korean law, or

e. In the event of war, civil strife, or other disturbances or matters that are seemed by either 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.

Notification Requirement. The Employer or Employee may annul the Contract by giving a minimum of three(3) months advance notice in writing.

Advance notice is 30 days.



You also want contractual writing stating you will get your advance notice of dismissal signed by you, your boss, one witness, and stamped with the institutional registered stamp by your boss.

In the case of the Employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment includes, but not limited to, persistent blatant and gross misconduct, conducting the class under the influence of intoxicants, continual absence, tardiness for classes (and/or neglect of class(es) preparation). If the Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter. The Employee may seek annulment in cases where the Employer does not complete the terms as they are required to complete according to the contract.

10. Legal Action
If there is a dispute between the parties involved in this contract, the parties agree to the final judgment of a Korean Civil Court, or Korean Civil Law, whatever the final decision may be. If at anytime the Employee leaves the Institution without giving prior notice and without going through the appropriate procedures, the Employer has the right to pursue legal actions, for damages and attorney fees against the Employee. If the Employee has left Korea altogether, the Employer has the right to pursue legal action outside of Korea.
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ginger7



Joined: 17 Jun 2006
Location: Daegu

PostPosted: Mon Aug 07, 2006 6:17 pm    Post subject: Reply with quote

How do I even go about asking for these changes? This is my first time negotiating a contract and I feel like if I'm too timid, I'll get walked on, and if I am too foreceful, they will say goodbye.

Suggestions?
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Dan The Chainsawman



Joined: 05 May 2005

PostPosted: Mon Aug 07, 2006 6:59 pm    Post subject: Reply with quote

I think the question you ought to ask is how often do the Grotto special's even get signed in the first place? Even if they do get signed how often do they get honored like any other contracts?
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alabamaman



Joined: 25 Apr 2006

PostPosted: Mon Aug 07, 2006 11:47 pm    Post subject: Reply with quote

No defined hours, 90 minutes of unpaid prep daily. Clause 10 pretty much states that they have had runners in the past, not a good sign!


As Grotto stated earlier in his analysis: Bad contract!

One of the things I look at in contracts are termination clauses specifying whe the employee can terminate the contract. I looked at contractual language specifying when you can terminate the language contract and was a little concerned. You should have contractual language such as violation of conditions of employment per you terminating your labor contract!

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. (There should be contractual language pursuant to this clause that defines reasons you can terminate your labor contract. Allot of hagwon contracts use such contractual language as, "The employee may annul the contract if the employer doesn't complete the terms of the contract."








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Grotto



Joined: 21 Mar 2004

PostPosted: Tue Aug 08, 2006 6:38 am    Post subject: Reply with quote

I wouldnt even give the contract a consideration.....the amount of illegal clauses and lack of minimal rights for the teacher makes it a place you DONT want to work at....keep looking....but forward the contract critique to them...perhaps they will get the point!
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ginger7



Joined: 17 Jun 2006
Location: Daegu

PostPosted: Tue Aug 08, 2006 6:24 pm    Post subject: Reply with quote

Thanks for the advice. I turned down the job as you suggested. I'm waiting for something better...

And I'm sure I'll post again when I think I find it.

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