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secrecy clause in contract?

 
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docker's omlette



Joined: 27 Jun 2003

PostPosted: Mon Jun 30, 2003 4:27 am    Post subject: secrecy clause in contract? Reply with quote

i've been offered a job contract in korea that looks okay (2.0 mill won) but it's got a secrecy clause in it. i mean, this is an english school not area 51. i could in theory be sacked if i discuss "with any third party" anything about my pay, hours, contract, working conditions and even what textbooks i use. is this ridiculous or is this acceptable/normal in korea? i've spent the last three years teaching in eastern europe and not even a mafia front firm would expect you to agree to a clause like that.

basically, i think i'm going to blow it out as i can't help thinking - judging from what i've read on this website - that come eleven months into my contract they'll sack me for telling someone we use berol boardmarkers or something equally trivial just to get out of paying me my return airfare and completion bonus. what do you think?

also, another factor that has made alarm bells ring in my ears is that the uk recruiter through which i got the job offer is in partnership with a korean recruiter that's listed on the koreablacklist.tripod.com site, so i can't help thinking he'd be less than helpful if things did indeed go pear-shaped because i let slip they use post-it notes in reception and the chodbins don't flush.

furthermore, and i will now finish, are all the firms/recruiters in korea total sharks? and if not, can anyone recommend a decent school to me where the pay's good, the atmosphere and dress code is pretty informal/relaxed and i wouldn't be the only easy-to-exploit foreigner on the books? oh yeah, and i don't have to teach kids if that is at all possible. and, of course, the whereabouts of a goose that lays golden eggs would also come in handy, but i guess that's asking a little too much. but then, if you don't ask, you don't get.
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humanuspneumos



Joined: 08 Jun 2003

PostPosted: Mon Jun 30, 2003 12:00 pm    Post subject: In the words of someone I met in Korea Reply with quote

In the words of someone I met in Korea- "Contracts aren't worth the paper they're written on."


If I remember correctly- 99% of all contracts I've seen don't hold-up under the Labor Law code for contracts. Secondly, 99% have never been submitted to the Labor Board for approval (If you have 10 or more employees the contract must be submitted to the Labor Board for approval.) Finally, 99% of the schools with 10 or more staff members have never posted the Labor Board's regulations/laws anywhere in their school/dorm- which is required by law. Finally- if any point in the contract is broken at any time by the employer it makes the rest of the contract invalid due to the fact that the contract has already been broken. So- 99% of the time - whether the owners know this or not- they would just be spitting in the wind if they tried to make anything stick. The bark is much worse than the bite- and this is where 99% of all teachers back-down. However, if they have an immgration friend- which many do- that's another story. That's when- after you've made some powerful friends- you can fall on "My daddy is bigger than your daddy." I've only used that once and hope I never have to again.
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The Great Wall of Whiner



Joined: 24 Jan 2003
Location: Middle Land

PostPosted: Mon Jun 30, 2003 6:36 pm    Post subject: Reply with quote

Quote:
i could in theory be sacked if i discuss "with any third party" anything about my pay, hours, contract, working conditions and even what textbooks i use.


I have had this, and it is logical from the employers' persepectives.

Basically, they don't want you to go to the Korean teachers bragging about how much more you make than them, yet they work harder.

Also, like in my case in Japan, I was working with an Australian who earned less than I did. Correctly so, he complained to the boss and my boss pulled out our agreement and quoted the "shut yer hole" paragraph.

There are many other good reasons, some of which include leaking info. to other schools, etc.
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Son Deureo!



Joined: 30 Apr 2003

PostPosted: Mon Jun 30, 2003 7:00 pm    Post subject: Reply with quote

It certainly is logical from the employer's perspective, but there's nothing good about it from the employee's. Not only can it be used as an easy excuse to fire you (but can't everything?), it also makes it harder to work with your fellow teachers to make things better.

I'd ask for it to be taken out. If they balk, I'd take that as a red flag.

The only way I'd possibly take that clause as anything other than a raw deal for you would be if the deal you're getting was SOOOO amazing that you'd have to keep your mouth shut to keep the other foreign teachers from demanding it, or else.
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Morning Calm



Joined: 28 Jan 2003

PostPosted: Mon Jun 30, 2003 7:53 pm    Post subject: Reply with quote

In the small reality of the school you work for, it's impossible for the employer to keep employee from comparing their salaries. It depends on that particular individual, but as we learn the harsh nature of Koreans buildup against us, we tend to stick together build on trust knowning what each of us make.

In terms of your employment contract, it is simply a piece of paper that both of you agree to if signed. All the things that are abreviated within are not necessarily binding, but more of a guild as to what to expect from each other. If shit hits the fan, then what you really need to do is investigate the Standard Labor Laws, not really your contract.

Basically, both Immigration and the Labor Board would laugh in the faces of an employer to came to them saying that they wanted to fire you based on the fact you spilt the beans of your salary to their co-workers. On the other hand, this should be read as, the employer is concerned about the relationship of his staffs, but values you as an individual and is offering you the correct compensation.

....you'd be stupid to spill out what your making unless you feel really sorry for the sucker who signed a contract for 1.7.
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