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School/recruiter won't make ANY contract changes?
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jeefunk22



Joined: 09 Aug 2006
Location: Pittsburgh, PA

PostPosted: Wed Aug 16, 2006 6:33 am    Post subject: School/recruiter won't make ANY contract changes? Reply with quote

I have been working with several recruiting agencies, one of which referred me to XXXX school in Bundang. It seems like a good gig and I would want to work at the location, except that they won't make ANY changes to the contract.

I asked mostly for simple things - it says that they pay health insurance, and pension, but the clauses are sort of vague in their wording. I just asked for them to quote specific amounts, and to include mention of paying income tax.

Also, my main problem with the contract was a clause which states, roughly,
"If the employee fails to work all of the regularly scheduled hours due to tardiness, absence, etc., the monthly rate will be calculated using the daily rate or hourly rate. Daily rate = Monthly salary / 30; Hourly rate = Daily rate / 6."
So if my normal salary is 2.2 million... wouldn't this basically allow them to pay me 1.45 million for a month if, let's say, I missed one hour due to tardiness or emergency and only worked 119? This is an unfair calculation, and I pointed it out to them and asked them (well, via the recruiter) to change it.

The recruiter keeps telling me things like
SUCH-AND-SUCH SCHOOL EMPLOYS DOZENS OF TEACHERS, IF WE CHANGE THE CLAUSES IN YOUR CONTRACT THEY WILL CONSIDER IT UNFAIR
or
YOU SHOULD HAVE MORE TRUST IN THE SCHOOL.
Or she just "explains" to me that they don't really do things the way the contract sounds, it really means [insert other explanation here]. The people I am speaking with seem nice but they don't seem to get that their explanation is not enough for me... if I am signing a year of my life and moving across the world to work for them, they have to put that explanation in writing!

Is there a better way to approach these things?
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Wed Aug 16, 2006 7:07 am    Post subject: Re: School/recruiter won't make ANY contract changes? Reply with quote

jeefunk22 wrote:
I have been working with several recruiting agencies, one of which referred me to XXXX school in Bundang. It seems like a good gig and I would want to work at the location, except that they won't make ANY changes to the contract.

I asked mostly for simple things - it says that they pay health insurance, and pension, but the clauses are sort of vague in their wording. I just asked for them to quote specific amounts, and to include mention of paying income tax.

Also, my main problem with the contract was a clause which states, roughly,
"If the employee fails to work all of the regularly scheduled hours due to tardiness, absence, etc., the monthly rate will be calculated using the daily rate or hourly rate. Daily rate = Monthly salary / 30; Hourly rate = Daily rate / 6."
So if my normal salary is 2.2 million... wouldn't this basically allow them to pay me 1.45 million for a month if, let's say, I missed one hour due to tardiness or emergency and only worked 119? This is an unfair calculation, and I pointed it out to them and asked them (well, via the recruiter) to change it.

The recruiter keeps telling me things like
SUCH-AND-SUCH SCHOOL EMPLOYS DOZENS OF TEACHERS, IF WE CHANGE THE CLAUSES IN YOUR CONTRACT THEY WILL CONSIDER IT UNFAIR
or
YOU SHOULD HAVE MORE TRUST IN THE SCHOOL.
Or she just "explains" to me that they don't really do things the way the contract sounds, it really means [insert other explanation here]. The people I am speaking with seem nice but they don't seem to get that their explanation is not enough for me... if I am signing a year of my life and moving across the world to work for them, they have to put that explanation in writing!

Is there a better way to approach these things?


A contract is ONLY as good as the school. A bad school will ignore a contract when it suits them and there is almost nothing you can do about it.

To take a quote from an embassy website:

Nature of Contracts in Korea

Koreans see business less as a legally based interaction than a relationship. Consequently, there is a much weaker sense of law in Korean business relations than in international business. For many Koreans, a contract is part of the symbolism involved in beginning a relationship, and "beginning" is the important word. The contract thus is only as binding as the personal connection. It is not surprising, therefore, that foreign instructors in Korea occasionally have contract disputes with their employers. The employer may, indeed, consider the contract a simple working agreement, subject to change, depending upon the circumstances ���� and usually after the foreigner has arrived in Korea.



What did the current TEACHERS say about the school? Did you ask specifically about pay, overtime, pension and medical?

If they won't let you talk to the current (MORE THAN ONE) teacher then move along. There are lots of recruiters and even more schools.
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Grotto



Joined: 21 Mar 2004

PostPosted: Wed Aug 16, 2006 8:36 am    Post subject: Reply with quote

Quote:
Daily rate = Monthly salary / 30; Hourly rate = Daily rate / 6."
So if my normal salary is 2.2 million... wouldn't this basically allow them to pay me 1.45 million for a month if, let's say, I missed one hour due to tardiness or emergency and only worked 119? This is an unfair calculation, and I pointed it out to them and asked them (well, via the recruiter) to change it.


2.2/30/6=12,222 so if you missed one hour you would only lose 12,222 won.....good thing you're teaching English because your math skills aren't that great Laughing

as for clauses that are vague....as long as you are aware of the amounts that they can take out and keep an eye on things you should be okay.

go to the tax website and check your monthly withholding tax, health should be about 2.24%, pension should be 4.5% If these numbers match up it shouldnt be a problem
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jeefunk22



Joined: 09 Aug 2006
Location: Pittsburgh, PA

PostPosted: Wed Aug 16, 2006 8:45 am    Post subject: Reply with quote

Grotto wrote:
2.2/30/6=12,222 so if you missed one hour you would only lose 12,222 won.....good thing you're teaching English because your math skills aren't that great Laughing


It would be great if that were what it said. But... it doesn't say it's going to use that method to calculate what the deduction is. It says that if you miss any time then they will calculate the monthly rate in this fashion. So in that case, whether it's what they intended it to mean or not, it means they could calculate my entire salary for the month using 12,222 won per hour I worked. That's not good... the second time I asked them to just change it so that it says "the amount deducted for time lost will be calculated by...". Once again, nope. [/i]
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Grotto



Joined: 21 Mar 2004

PostPosted: Wed Aug 16, 2006 9:15 am    Post subject: Reply with quote

ahhh

my bad...I didnt catch that

Yeah, that comment by the recruiter saying they cant change the contract for you.....I would ask why not? Its a simple thing to change it! Just because the other FT's didnt do their homework and demand changes where appropriate doesnt mean you have to suffer for their stupidity!
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alabamaman



Joined: 25 Apr 2006

PostPosted: Wed Aug 16, 2006 9:39 am    Post subject: Reply with quote

Shocked

Last edited by alabamaman on Wed Aug 16, 2006 10:16 am; edited 1 time in total
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alabamaman



Joined: 25 Apr 2006

PostPosted: Wed Aug 16, 2006 10:16 am    Post subject: Reply with quote

Employes place emphasis on being a team, creating a harmonious environment Very Happy , and being able to trust each other. Employers feel you should be able to trust them, and don't feel the contract changes are needed. Recruiters will tell you that you should be able to trust your employer, and the contractual changes aren't needed. Don't ever listen to any recruiter who says this! You always want everything written in your contract prior to stepping foot in Korea.

Duff Recruiting
http://www.duffrecruiting.com/english/index.php
A4 English
http://www.eze365.com/english/faq.htm
Footprints
http://www.footprintsrecruiting.com/
ATC
Worknplay
http://www.worknplay.co.kr/recruiting/jobseekers.htm

Quote:
Is there a better way to approach these things?


Move on to another recruiter!
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dimnd



Joined: 19 May 2005
Location: Western USA

PostPosted: Wed Aug 16, 2006 2:34 pm    Post subject: Easy English consulting visa response...not legal Reply with quote

You say a school wants me to come asap. What about my visa?



When a school needs a teacher right away they are flown over and begin teaching right away. At the same time the documents are sent to immigration upon arrival. It��s possible to teach while waiting for a visa to be processed as long as the application has already been submitted. Once the visa is ready you will be sent to Osaka, Japan, for a one-day visa run. For more information than you��ve ever wanted to know on the visa run to Osaka, check out this link:
http://www.eslcafe.com/forums/korea/viewtopic.php?t=19702
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Grotto



Joined: 21 Mar 2004

PostPosted: Wed Aug 16, 2006 3:28 pm    Post subject: Reply with quote

Quote:
When a school needs a teacher right away they are flown over and begin teaching right away. At the same time the documents are sent to immigration upon arrival. It��s possible to teach while waiting for a visa to be processed as long as the application has already been submitted.


Hogwash! Until that visa is in your passport it is illegal for you to work! If you get caught you will be fined and deported!
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mumblebee



Joined: 26 Jun 2004
Location: Andong

PostPosted: Wed Aug 16, 2006 4:46 pm    Post subject: Reply with quote

You won't find a school that is willing to specify taxation/pension deduction amounts, as this is subject to change; both amounts were raised during my time here, due to government mandate and the fact that I got a raise.

Use common sense...I am finding that a lot of people we interview at our school are becoming quite paranoid about 'getting screwed', and this paranoia does not make a candidate a very attractive hire. Do your research, and unless you have any good evidence against the school, why not assume that there is good faith, and trust that your own maturity, professionalism and good judgement will be able to resolve MOST problems? As others have pointed out, the contract is not as important as the experience of others at the school. I wouldn't change anything in our contract for a new hire; why should we do that when we have so many teachers that work under it with no problems whatsoever?
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Grotto



Joined: 21 Mar 2004

PostPosted: Wed Aug 16, 2006 4:54 pm    Post subject: Reply with quote

Quote:
Use common sense...I am finding that a lot of people we interview at our school are becoming quite paranoid about 'getting screwed', and this paranoia does not make a candidate a very attractive hire. Do your research, and unless you have any good evidence against the school,
Quote:
why not assume that there is good faith
, and trust that your own maturity, professionalism and good judgement will be able to resolve MOST problems? As others have pointed out, the contract is not as important as the experience of others at the school. I wouldn't change anything in our contract for a new hire; why should we do that when we have so many teachers that work under it with no problems whatsoever?


I would agree with you in principle but the problem with this is the contract! IF your contract contains illegal clauses why not remove them?

People dont go running around asking people to change good contracts....they ask them to change illegal crap contracts into decent ones. The contract is there to protect both the school and the teacher.....something most hogwans seem to forget!
Quote:

trust that your own maturity, professionalism and good judgement will be able to resolve MOST problems?


Because most hogwans have proven that they are incapable of dealing with problems in any of these mannerisms!

You seem to be asking alot from someone coming halfway around the world! That peice of paper is the only thing protecting them....why should they agree to less than acceptable practices?

ALSO many hogwan contracts specify deductions of 5% for income tax...which is wrong! Many dont mention pension or what the premium currently is. Thats all most people want to know.

Tax on a salary of 2 mil is currently about 29,000 won per month
Pension is 90,000 won per month
Health care is 44,800 per month

these amounts are subject to change according to the govt of Koreas policy

Is it so hard to put in amounts that reflect accurately what the deductions should be?
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some waygug-in



Joined: 25 Jan 2003

PostPosted: Wed Aug 16, 2006 6:12 pm    Post subject: Reply with quote

mumblebee wrote:
You won't find a school that is willing to specify taxation/pension deduction amounts, as this is subject to change; both amounts were raised during my time here, due to government mandate and the fact that I got a raise.

Use common sense...I am finding that a lot of people we interview at our school are becoming quite paranoid about 'getting screwed', and this paranoia does not make a candidate a very attractive hire. Do your research, and unless you have any good evidence against the school, why not assume that there is good faith, and trust that your own maturity, professionalism and good judgement will be able to resolve MOST problems? As others have pointed out, the contract is not as important as the experience of others at the school. I wouldn't change anything in our contract for a new hire; why should we do that when we have so many teachers that work under it with no problems whatsoever?

Confused
Well, that's what you say.........I would really like to hear from some of those teachers away from the school and the director's watchful eye and see what they have to say about it. Or better yet, some email addresses of teachers who have finished contracts and are on to bigger and better things.

You are asking someone to come half way round the world. Trust works both ways. It's a scary thing coming to a new country and all.
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mumblebee



Joined: 26 Jun 2004
Location: Andong

PostPosted: Wed Aug 16, 2006 6:39 pm    Post subject: Reply with quote

Of course we allow people to contact current and past teachers. I am not refering to contracts with illegal clauses, but ones where there is no problem but a candidate's fearful interpretation.

As for coming around the world, and the associated risks...hiring someone from around the world is a risk too. Many schools do their best to screen candidates, but still end up with a wacky (or just incompetent) teacher. It is unrealistic to expect that this kind of arrangement is 'risk free' for anyone.

Personally, I would be very wary of any established school that said they were willing to change a contract at a prospective teacher's whim; that could be a sign that the school will do whatever it takes to get someone over here, with no intent of actually following it.

Bottom line, don't turn down what seems like a good gig, just because they refuse to change the wording of a basically decent contract. If you think the contract is really that bad, just don't sign with them. If you want a custom contract, go with a smaller school, and take a different set of risks.
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huffdaddy



Joined: 25 Nov 2005

PostPosted: Wed Aug 16, 2006 7:25 pm    Post subject: Re: Easy English consulting visa response...not legal Reply with quote

dimnd wrote:

When a school needs a teacher right away they are flown over and begin teaching right away. At the same time the documents are sent to immigration upon arrival. It��s possible to teach while waiting for a visa to be processed as long as the application has already been submitted.


As Grotto said, Hogwash. And that's still assuming that the school actually applies for the visa, and isn't just stringing you along. No visa = no basis for complaint. i.e. They can screw you big time.

Quote:

Once the visa is ready you will be sent to Osaka, Japan, for a one-day visa run. For more information than you��ve ever wanted to know on the visa run to Osaka, check out this link:
http://www.eslcafe.com/forums/korea/viewtopic.php?t=19702


Yes, such as the visa run is a two day affair now. If you drop off your passport in the morning, you pick it up the next morning. If you drop it off in the afternoon, you pick it up the next afternoon.
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laogaiguk



Joined: 06 Dec 2005
Location: somewhere in Korea

PostPosted: Wed Aug 16, 2006 9:47 pm    Post subject: Reply with quote

mumblebee wrote:
Of course we allow people to contact current and past teachers. I am not refering to contracts with illegal clauses, but ones where there is no problem but a candidate's fearful interpretation.

As for coming around the world, and the associated risks...hiring someone from around the world is a risk too. Many schools do their best to screen candidates, but still end up with a wacky (or just incompetent) teacher. It is unrealistic to expect that this kind of arrangement is 'risk free' for anyone.

Personally, I would be very wary of any established school that said they were willing to change a contract at a prospective teacher's whim; that could be a sign that the school will do whatever it takes to get someone over here, with no intent of actually following it.

Bottom line, don't turn down what seems like a good gig, just because they refuse to change the wording of a basically decent contract. If you think the contract is really that bad, just don't sign with them. If you want a custom contract, go with a smaller school, and take a different set of risks.


This is why a contract and all negotiations should be to the letter. There should be no ambiguity for both parties.

http://www.eslcafe.com/forums/korea/viewtopic.php?t=63825
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