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Contract Confusion
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Meggiebea



Joined: 20 Oct 2006
Location: Uijeongbu, South Korea

PostPosted: Mon Nov 13, 2006 1:42 am    Post subject: Contract Confusion Reply with quote

I am about to sign a contract, I hope. They sent me one, I checked it out using advice from this site as a reference and sent back my complaints. There should have a revised contract for me today or tomorrow. In the meantime I just wanted to ask a couple questions about my contract so i can back armed with information if they try to pull anything. Below are the bad things they had in the contract which I am trying to change. Am I right? Are all their requests legal? Is this normal?

#1 The school wrote:
d. If the Employee leaves the school before completion of contract, the cost of the airfare to Korea must be reimbursed to the school. The price of the ticket paid by the school will be deducted from the Employees last month�s payment.
I wrote back: Please change this to if I leave before completion of 6 months of the contract. After 6 months if I leave I should not be responsible for my airfare to Korea.

#2: The school wrote:
e. If the Employee resigns for a second year and works continuously, the employer will be provided a return ticket to the point of original departure at the end of the second year
I wrote:
I do not agree with this. If I am happy, chances are I will renew for a second year. If I do I would like to go home for a visit. You would pay for airfare if I did not renew my contract and then if I decided to come back a month later you would pay for it again. I should get airfare home after a year no matter what.

#3. The school wrote:
Teaching hours that exceed the contracted hours are remunerated at 25,000 Won per ESL/BC class (80 minutes).
I wrote:
I will do overtime classes but not for 25000 per 80 minute class. It would have to be 25000 per hour. Please change this or state that I am not required to teach overtime.

#4. School:
For the first three months, the Employer will collect a security deposit of 300,000 (total 900,000)Won, Employee will receive the balance of funds approximately two months after the Employee has left,

Me:
NO, 100 000 per month, for 300 000 won deposit. (did not know what to say about the two months return thing, is this normal?)

#5. School:
In the case the Employee leaves before completing this contract, he/she cannot obtain another job in Korea. If the Employee does transfer to another job in Korea, he/she will be charged US$5,000 as a penalty.
Me: ________ (said nothing, but is this legally binding???)


School:
In the case that the Employee fails to complete this contract, the employee will be charged certain amount of money as a penalty to compensate all the loss caused from the Employee. (expenses to hire new teacher, airfare, administrative fee, psychological damages to the students, ruining the school images)
Me:
I want this removed. I will not take a position that has a stipulation in their contract stating they can penalize me for psychological damages, ruining the school image etc.

And the biggest thing: They offered me a great salary, 2.X million. But on their contract it says I will be making 2.0 million and 0.X million in recognition of my teaching certificate and teaching experience per month (therefore totally 2.x as was agreed upon). The thing is they are charging me tax, medical and pension on these 'bonuses' but the contract says that my severance will only be my salary, 2.0 million.
I told them, "You offered me 2.X million SALARY, that is what I expect, not bonuses and not a lower severance"

Is this school shifty or are all contract negotiations like this? The rest of the contract was great. What do you think?
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laogaiguk



Joined: 06 Dec 2005
Location: somewhere in Korea

PostPosted: Mon Nov 13, 2006 1:45 am    Post subject: Reply with quote

Deposits are illegal. Unless you sign a contract agreeing to them, they can't do it legally. Second, #5 is crazy, and not normal. The amount of "If the teacher leaves" crap they have in their contract is scary. They have experience (it seems) with people leaving. On that alone, I would continue looking for another job.
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Meggiebea



Joined: 20 Oct 2006
Location: Uijeongbu, South Korea

PostPosted: Mon Nov 13, 2006 1:48 am    Post subject: Reply with quote

Yeah I asked about that and the director said they put that into the contract because they had two teachers recently who came over and disapeared. They want to make sure that whoever comes, stays for a year. Yeah I thought it was kind of scary too.
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laogaiguk



Joined: 06 Dec 2005
Location: somewhere in Korea

PostPosted: Mon Nov 13, 2006 1:52 am    Post subject: Reply with quote

Meggiebea wrote:
Yeah I asked about that and the director said they put that into the contract because they had two teachers recently who came over and disapeared. They want to make sure that whoever comes, stays for a year. Yeah I thought it was kind of scary too.


The fact that they had two teachers disappear is scary (more later), but the fact that they were honest about that is strange (but good).

As for teachers disappearing, you would be surprised how many times (not many, only 3, but that's more than enough) I have heard of people using the free ticket and scooting off right away, usually to Japan or China (where you don't always get free tickets). What they said could be true, that they just disappeared.
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Meggiebea



Joined: 20 Oct 2006
Location: Uijeongbu, South Korea

PostPosted: Mon Nov 13, 2006 2:04 am    Post subject: Reply with quote

I hope so, I kind of already have me heart set on this school. But I wanted to post this because I may be getting tunnel vision. Always best for another opinion. First time to Korea and the stories I hear...it's scary. I just want a decent wage for a decent school. This is a decent school and a decent wage but the contract is scary me.

So I am guessing this is not normal. lol What about the salary thing, can they charge me taxes, medical and pension on a recognition bonus? Will I ever see the 300 000 deposit again? Is it legal for them to stop me from teaching somewhere else if I quit? What if I get fired?
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laogaiguk



Joined: 06 Dec 2005
Location: somewhere in Korea

PostPosted: Mon Nov 13, 2006 2:09 am    Post subject: Reply with quote

Meggiebea wrote:
I hope so, I kind of already have me heart set on this school. But I wanted to post this because I may be getting tunnel vision. Always best for another opinion. First time to Korea and the stories I hear...it's scary. I just want a decent wage for a decent school. This is a decent school and a decent wage but the contract is scary me.

So I am guessing this is not normal. lol What about the salary thing, can they charge me taxes, medical and pension on a recognition bonus? Will I ever see the 300 000 deposit again? Is it legal for them to stop me from teaching somewhere else if I quit? What if I get fired?


If they leave the "can't work for someone else" or the "have to pay money for leaving", tell them to go somewhere. Please, follow that advice, no matter how much you want to work there. The deposit is your choice, they can't force a deposit on you, but you can agree to one. Up to you.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Nov 13, 2006 2:13 am    Post subject: Reply with quote

Meggiebea wrote:
I hope so, I kind of already have me heart set on this school. But I wanted to post this because I may be getting tunnel vision. Always best for another opinion. First time to Korea and the stories I hear...it's scary. I just want a decent wage for a decent school. This is a decent school and a decent wage but the contract is scary me.

So I am guessing this is not normal. lol What about the salary thing, can they charge me taxes, medical and pension on a recognition bonus? Will I ever see the 300 000 deposit again? Is it legal for them to stop me from teaching somewhere else if I quit? What if I get fired?


Sounds like an SLP franchise to me.

The deposit is EXCESSIVE and withholding for 2 months AFTER your departure means you will get screwed.

Their concern is that they recently had 2 runners?

BIG RED FLAG>

YOUR requests are more than reasonable. I would be very wary of this contract. What do the current teachers have to say? How long have they been there?

BEWARE and be aware.

You do pay tax on your severance but you do NOT pay medical or pension on your severance. There is no BONUS for completion. It is your severance as REQUIRED by law under article 34 of the Labor Standards Act.
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Meggiebea



Joined: 20 Oct 2006
Location: Uijeongbu, South Korea

PostPosted: Mon Nov 13, 2006 2:21 am    Post subject: Reply with quote

No I meant the monthly bonuses. They are paying me 2.0 salary per month and an addition 0.X won in recognition bonuses per month to make my monthly pay equal to the monthly salary we agreed upon (more than 2.0 million)

I don't really want to post my salary. So for example, say we agreed upon 2.6 million per month.
They want to pay me 2.0 SALARY and an additional 600 000 per month in recognition of my teaching qualifications. This is a way for them to save 600 000 from my severance, since my severance is a month's SALARY (this recognition bonus of 600 000 is not included). I did the math and they are charging me monthly taxes, medical and pension on this 600 000 recognition bonus per month. Is this legal?
Anyone else getting paid like this?
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laogaiguk



Joined: 06 Dec 2005
Location: somewhere in Korea

PostPosted: Mon Nov 13, 2006 2:30 am    Post subject: Reply with quote

Meggiebea wrote:
No I meant the monthly bonuses. They are paying me 2.0 salary per month and an addition 0.X won in recognition bonuses per month to make my monthly pay equal to the monthly salary we agreed upon (more than 2.0 million)

I don't really want to post my salary. So for example, say we agreed upon 2.6 million per month.
They want to pay me 2.0 SALARY and an additional 600 000 per month in recognition of my teaching qualifications. This is a way for them to save 600 000 from my severance, since my severance is a month's SALARY (this recognition bonus of 600 000 is not included). I did the math and they are charging me monthly taxes, medical and pension on this 600 000 recognition bonus per month. Is this legal?
Anyone else getting paid like this?


No, and it leaves it open for debate (a bad thing, always). What kind of teaching qualifications do you have? If you have any at all, you might want to think about a different school, you can probably do better! Smile

But it would still be salary, and pension and all that would be taken off, unless you didn't put it in the contract and they paid you under the table (though ofcourse the is illegal).
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Meggiebea



Joined: 20 Oct 2006
Location: Uijeongbu, South Korea

PostPosted: Mon Nov 13, 2006 2:39 am    Post subject: Reply with quote

I have a Bachelor of Education, a teaching certificate, one year teaching in the Canadian public school system, 1 year teaching ESL and English classes to Korean exchange students, 1 year working in a preschool/daycare.
I am qualified.

But I am in debt up to my eyeballs: married too young, guy was a jerk, stupid decisions, we seperated, he gambled and drank and filed for bankruptcy, debt fell on me because we were still married....anyway, I want a decent wage. All I can find is 2.0, 2.1, or sometimes ads for 2.3 million. I want 2.5, 2.6 or 2.7 depending on the hours involved. It's REALLY hard to find.
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laogaiguk



Joined: 06 Dec 2005
Location: somewhere in Korea

PostPosted: Mon Nov 13, 2006 2:42 am    Post subject: Reply with quote

Meggiebea wrote:
I have a Bachelor of Education, a teaching certificate, one year teaching in the Canadian public school system, 1 year teaching ESL and English classes to Korean exchange students, 1 year working in a preschool/daycare.
I am qualified.

But I am in debt up to my eyeballs: married too young, guy was a jerk, stupid decisions, we seperated, he gambled and drank and filed for bankruptcy, debt fell on me because we were still married....anyway, I want a decent wage. All I can find is 2.0, 2.1, or sometimes ads for 2.3 million. I want 2.5, 2.6 or 2.7 depending on the hours involved. It's REALLY hard to find.


AHHHHHHH!!!!!!!!!!!! You can do so much better! Holy crap! Ever thought about an international school in China. They pay the same you make back home (32000-42000 CND dollars a year) in Canadian dollars, but you are in China (I lived on 300 dollars a month, comfortably). They pay your ticket and your apartment. I'll see if I can pull more info on that for you. I seriously suggest that route! You could save a lot of money doing that. At the very least, you can do much better here in Korea than that.

Many run through the BC government, so you will have to apply for a BC teaching license, but still...
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Meggiebea



Joined: 20 Oct 2006
Location: Uijeongbu, South Korea

PostPosted: Mon Nov 13, 2006 2:52 am    Post subject: Reply with quote

laogaiguk wrote:
At the very least, you can do much better here in Korea than that.

Many run through the BC government, so you will have to apply for a BC teaching license, but still...


How can I do better in Korea??? Where do you find these jobs?
What BC government, British Columbia, Canada? That is where I am from and where I have received all of my schooling and training.
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laogaiguk



Joined: 06 Dec 2005
Location: somewhere in Korea

PostPosted: Mon Nov 13, 2006 2:55 am    Post subject: Reply with quote

Meggiebea wrote:
laogaiguk wrote:
At the very least, you can do much better here in Korea than that.

Many run through the BC government, so you will have to apply for a BC teaching license, but still...


How can I do better in Korea??? Where do you find these jobs?
What BC government, British Columbia, Canada? That is where I am from and where I have received all of my schooling and training.


Yes, I have seen several ads for international schools in China for British Columbia licensed teachers. They pay you just like you were back home, minus the 99% taxes Smile and the cost of living there is incredibly cheap, and even though I say that, you can't understand until you get there Wink I will try to find more info. What sites do you know? I know of a few good ones, I will pm them to you if you would like (for job seaching).
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laogaiguk



Joined: 06 Dec 2005
Location: somewhere in Korea

PostPosted: Mon Nov 13, 2006 2:59 am    Post subject: Reply with quote

Here is a starting place atleast.

http://www.eslcafe.com/joblist/index.cgi?read=13121
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Meggiebea



Joined: 20 Oct 2006
Location: Uijeongbu, South Korea

PostPosted: Mon Nov 13, 2006 3:08 am    Post subject: Reply with quote

Wow!!! Although I really want to be in Korea I will take a look, maybe I've been barking up the wrong tree!?!?
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