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RnH
Joined: 02 Aug 2006 Location: Korea
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Posted: Sun Sep 10, 2006 8:22 pm Post subject: Urgent! Contract help please! |
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Hi there,
When we first began working at our school - we were being paid a certain salary, while the other teachers at the school were getting paid more to do the same amount of work. We objected to this and our boss surprisingly raised our salaries to the amount that the other teachers were getting. However, since then, she has never gotten around to changing the contract to the new salary...until today that is! Now, given the fact that we are very unhappy at the school and that we are thinking of leaving..we want to know exactly what else we might be able to change in the contract e.g illegal penalty clauses etc. We would really appreciate it if you could look at our contract and highlight the bad areas and advise us on where we can change them! Thank you very much, we really appreciate it!
Our contract:
1. Job position This contract is entered into for the position of an English conversation instructor.
2. Validity of Contract This contract becomes effective upon the signing of this document by both the Instructor and the Institute. This contract supercedes any and all prior agreements, oral or written, between the parties; any future modifications to this contract must be made in writing by an officer or authorized agent of the Institute with pre-approval by the President of and executed by the signature of both parties. The Instructor's monthly salary shall commence and count from the first day of his or her teaching in accordance with the Institute's schedule.
3. Period of Employment The Instructor will be employed by the Institute from the following dates. From: To: The period of employment under this contract will last for one calendar year from the date of the Instructor's first day of work for the School, unless other written contractual agreements have been entered into to amend this time period. The instructor should take at least 3 day orientation from the institute before the instructor starts to work for the institute.
4. Weekly Working Hours Instructor is expected to work from Monday through Friday, 110 hours a month or 4 week session (20 working days) which is conducted by the institute. (One class is considered of 40 or 55 minutes teaching time and 5 minutes break, and only pay for working hour not break time) and thus, the Instructor is subject to be scheduled anytime within these hours, and occasionally outside of these hours for special assignments.
5. Compensation
A.Monthly Salary: A monthly salary of 2.1 million won will be paid for 120 teaching hours or 4 week session conducted by the institute. The overtime wage of 15,000 won per hour will be paid for any time over 120 hours a month or a 4 week session. Each month�s overtime hours are calculated at the end of that period and are accounted for as 1 payment session. Overtime does not include reasonable weekly class preparation and staff meeting.
B.Pay Day: The Institute counts the first day of working as start date of working. The first monthly salary is paid on the 10th of the following month. The Institute can negotiate the date according to the situation. However, if the Instructor needs an advanced pay for urgent needs, the Institute shall allow her or him to obtain it under pre-approval by the Institute director.
C. Transportation: A one-way economy class airfare will be provided by the institute for the instructor to first come to Korea. The return airfare will be provided to instructor on the last day of her/his working day according to this contract.
D. Insurance: A medical & accident insurance plan from an insurance company will be offered to the instructor. The annual premium will be split equally between Instructor and Institute if Instructor desires to be covered.
E.Tax: Korean income tax will be deducted from the salary according to the Korean tax law(currently 5% ~ 7%). F. Severance payment: Institute will give 2.1 million won to the Instructor at the end week of completion of contract with institute. 5~7% of income tax will be deducted from severance payment
G. Single Housing: Institute will be provide rent-free private housing to instrutor(or couple housing will be shared). Housing requires no deposit of any kind, is 1 or 2 bedroom. For the first six months, the employer will collect 100,000won per month deposit for utilites and phone charges even if the teacher pays these charges each month. This deposit will be refunded 2 months after completion of this contract.
H. Vacations and Holidays: The instructor will get all Korean National Holidays off and paid, and also one week paid vacation in the summer and one week paid vacation in the winter. The vacations will be scheduled by the institute.
6. Instructor's Duties and Responsibilities
A. General Duties of Instructor The Instructor's duty and responsibilities include, but are not limited to, the following : a.English as a Second Language(ESL) instruction in any and all phases of the Institute's program, or its franchise, subsidiary, or other designated location; b. Preparation for classes; The instructor is expected to have 30minutes preparation time everyday before actual teaching classes. c. Preparation of a 4-week schedule for each class of which Instructor shall be in charge. d.The Institute considers 1 month as one session. One week before each session ends, the Instructor should prepare for Monthly evaluation sheet of each student in his/her class. Institute shall provide Instructors with official evaluation forms. e. Assistance in developing the Institute's educational program and materials; f. Attendance at teacher's meetings, workshops, and training sessions, etc.; g. Participation in other activities related to any aspect of the business of the Institute. (for morning class, instructor should take care to lunch time with partner teacher and it�s not include pay.)
B. Instructor will set a good positive example of himself/herself and his or her Institute at all times. Furthermore, the Instructor will follow the directions of his/her director.
C. Instructor should be in good health and will submit his/her health condition check up list upon arrival of the Institute within a week to the Institute (Instructor may have his/her health check up in Korea at a reasonable expense) The Instructor shall not conceal any diseases or epidemic illness which may interfere with his or her teaching or which may infect others. Instructor will follow and set class schedules and will not dismiss class, cancel classes, or start classes late without pre- approval by academic director.
E. Instructor will use teaching materials recommended by the Institute but is encouraged to Supplement with other materials. However, these materials must have prior approval by the Institute. Furthermore, all materials given to the Instructor by the Institute will be returned after they are no longer needed.
F. In order to maintain the Institute's professional reputation, female Instructors are to wear dresses, skirts, or dress pants while performing ESL instruction; male Instructors are to wear dress pants, a dress shirt and a tie. Jeans are occasionally allowed. It is important for the Instructor to remember that he or she is, at all times, a representative of the Institute, and to look and behave accordingly. He or she is not to partake in any activities which reflect poorly on or damage the Institute and its reputation, nor are contrary to South Korean public policy or law. G.The Instructor agrees not to partake in the following activities since they may damage the reputation of the school:
a. Conducting class while under the influence of alcohol, smoking, of under the influence of illegal drugs.
b. Make sexual advances towards, or enter into relationships with students or employees of the school.
c. Ensure not to sexually harass any employees, any other teachers, nor students of the Institute, Sexual harassment at work is strictly prohibited in accordance with recent Korean law.
d. Conducting any business of accepting any funds on the behalf of the Institute without prior permission from the Institute.
e. Borrowing or lending of funds to students or conducting any sales of items to students. Any damages that are caused by the direct result of Instructor's negligence , either at the Institute or Residence, will be paid for such costs by the Instructor. Furthermore, the Instructor will be heldliable under Korean Law.
I. If Instructor seeks release from the contract for cultural differences, homesickness or personal problems, he/she will receive only 70% of the agreed upon salary for the time remaining in Korea. Additionally, the Instructor agrees to work until a replacement instructor is positioned.
J. If Instructor fails to conduct himself/herself in a professional manner, resulting in damage the image of the school, the Institute has the right to terminate this contract, but must provide at least a two week notice to the Instructor. And, if the Institute violates the contract, the Instructor also has the right to terminate the agreement, but a one-month notice must be provided as well. First of all, the most important thing two parties should remember is that if something unpleasant happens, we'd better talk and understand each other.
K. If Instructor is chronically late without notification, salary may be deducted for the hours of which they are late.
7. Promotions, Incentives, Pay raises, Bonuses The Instructor's performance and work will be periodically evaluated, at which time his compensation Level will be reviewed. Exemplary and superior work and effort will be rewarded by an incentive bonus system. Similarly, promotions will be granted based on the Instructor's performance and capacity for additional responsibility. Bonuses will be awarded based on overall Institute performance and individual instructor performance. Some important traits and measures of individual performance are: contributing distinctively to the Institute's development, providing useful ideas for better instruction, the Instructor's attitude and overall effort, the Instructor's student re-enrollment rate, and comments from students and parents.
8. Copyright, Nonclosure, Noncompete Agreement(Copyrights) Any teaching materials produced or created by the Instructor while in the employment of the school shall be the sole property of the Institute. (Nonclosure) While still in the employment of the Institute or after resigning, the Instructor must not make any teaching information public that he or she obtains from the Institute or develops for the Institute. The teaching techniques, books, and materials of the Institute are proprietary and are to be protected as intellectual and copyrighted material. (Noncompete Agreement):During this contract period, working for a competing school, unauthorized private tutoring, or private interest is strictly prohibited.
9. Termination of Contract (Termination by Instructor)Institute recognizes that special circumstances may develop which requires this contract to be amended or terminated prematurely (serious illness or death in immediate family or self, etc.) The Institute will endeavor to accommodate the Instructor's specific needs in such situations, evaluating these needs on a case by case basis. If the Instructor's resignation is determined to be voluntary(unilateral and without just cause), the Instructor will be reimbursing the round trip airfare that institute had provided, the Instructor will forfeit any accumulated but unpaid salary or bonus, or other incentive pay not yet paid. Institute shall receive its reimbursement for the above cost by keeping the portion of unpaid but earned salary or bonus or deposit necessary to cover these costs (and any other personal costs and debts, any unpaid utilities, and any damages to Institute Teacher leaves behind--) The institute will give the balance to Teacher either in person or by mailing.
By signing this contract, Instructor certifies that he or she has every intention of fulfilling his or her obligation for the duration of the contract and that there is no reason that he should not be able to enter into such a contract.
(Termination by Institute)This contract cannot be broken by the Institute without just cause, which includes, but is not limited to the following situations; when the Instructor is found to be in breach of the contract or is involved in a scandal that may tarnish the reputation of the institute, Instructor's possession or use of illegal and/or illicit substances, excessive unexcused) absenteeism and/or tardiness, and when the Institute concludes that the Instructor cannot perform class activities, has a poor attitude, or lacks the qualities necessary to be an effective instructor. If the instructor is asked to leave the institute with the above situations and if the teacher leaves the school before six months period of this contract for his/her own sake, the instructor have to reimburse the round trip airfare that the institute had provided.
The Instructor's employment cannot be terminated by the Institute without the Instructor being duly warned about his or her poor performance and/or attitude, and given the opportunity to remedy the problem, unless the Instructor's performance and/or behavior are deemed particularly egregious such that immediate termination is necessary in order to save the Institute's reputation and business standing.
Of course if it is deemed that Instructor intentionally (via blatant disregard for the rules or well-being of the Institute) forces the Institute to terminate Instructor's employment in an effort to avoid reimbursing the Institute for the costs of securing a replacement for the Instructor, then the Institute may assume that the Instructor has voluntarily terminated the contract and thus may impose these and the other penalties noted under "Termination by Instructor". (Discipline and Penalties)The Institute reserves the right to utilize the full range of disciplinary measures as allowed under Korean law if the Instructor violates the contract, damages the reputation of the Institute, or fails to perform adequately. These rights include, but are not limited to: warning and counseling, freeze on pay raises, revocation of previous pay raises, removal from current position and dismissal.
10. Renewal of Contract The Institute and the Instructor may jointly agree to renew the contract for the period of one year or other mutually agreed time period. The Teacher shall notify the Institute if his or her intent is such not less than sixty days prior to the termination of the contract.
12. Governing Laws and Jurisdictions This contract shall be interpreted according to the internal(domestic) laws of the Republic of Korea. The competent court in Seoul, Korea shall have jurisdiction in regard to any dispute or claim arising out of or in connection with this contract. Both parties have read the above conditions and agree to the terms in good faith and will attempt to resolve any dispute in a reasonable manner. All decisions that can not be resolved by the two parties above will be solved in accordance to Korean Civil Law.
13. Holidays
All Korean holidays with , summer and winter holidays which will be organized by the institute. |
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ttompatz

Joined: 05 Sep 2005 Location: Kwangju, South Korea
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Posted: Sun Sep 10, 2006 9:19 pm Post subject: Re: Urgent! Contract help please! |
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Without picking apart your contract (btw it sucks) section 12 states that it will be governed by the laws of Korea.
It behoves YOU to read up on the Labor Standards Act as your FIRST step.
http://www.molab.go.kr/download/_20051220144304549.pdf
That will give you a good idea of what is LEGAL and what is not and then what you agreed to under your contract that is NOT covered under labor law.
You might also want to have a look at the medical, pension and tax websites if your boss was being shady there too.
The links are all found in alabamaman's contract review here:
http://www.eslcafe.com/forums/korea/viewtopic.php?t=65540
.
RnH wrote: |
Hi there,
When we first began working at our school - we were being paid a certain salary, while the other teachers at the school were getting paid more to do the same amount of work. We objected to this and our boss surprisingly raised our salaries to the amount that the other teachers were getting. However, since then, she has never gotten around to changing the contract to the new salary...until today that is! Now, given the fact that we are very unhappy at the school and that we are thinking of leaving..we want to know exactly what else we might be able to change in the contract e.g illegal penalty clauses etc. We would really appreciate it if you could look at our contract and highlight the bad areas and advise us on where we can change them! Thank you very much, we really appreciate it!
Our contract:
1. Job position This contract is entered into for the position of an English conversation instructor.
2. Validity of Contract This contract becomes effective upon the signing of this document by both the Instructor and the Institute. This contract supercedes any and all prior agreements, oral or written, between the parties; any future modifications to this contract must be made in writing by an officer or authorized agent of the Institute with pre-approval by the President of and executed by the signature of both parties. The Instructor's monthly salary shall commence and count from the first day of his or her teaching in accordance with the Institute's schedule.
3. Period of Employment The Instructor will be employed by the Institute from the following dates. From: To: The period of employment under this contract will last for one calendar year from the date of the Instructor's first day of work for the School, unless other written contractual agreements have been entered into to amend this time period. The instructor should take at least 3 day orientation from the institute before the instructor starts to work for the institute.
4. Weekly Working Hours Instructor is expected to work from Monday through Friday, 110 hours a month or 4 week session (20 working days) which is conducted by the institute. (One class is considered of 40 or 55 minutes teaching time and 5 minutes break, and only pay for working hour not break time) and thus, the Instructor is subject to be scheduled anytime within these hours, and occasionally outside of these hours for special assignments.
5. Compensation
A.Monthly Salary: A monthly salary of 2.1 million won will be paid for 120 teaching hours or 4 week session conducted by the institute. The overtime wage of 15,000 won per hour will be paid for any time over 120 hours a month or a 4 week session. Each month�s overtime hours are calculated at the end of that period and are accounted for as 1 payment session. Overtime does not include reasonable weekly class preparation and staff meeting.
B.Pay Day: The Institute counts the first day of working as start date of working. The first monthly salary is paid on the 10th of the following month. The Institute can negotiate the date according to the situation. However, if the Instructor needs an advanced pay for urgent needs, the Institute shall allow her or him to obtain it under pre-approval by the Institute director.
C. Transportation: A one-way economy class airfare will be provided by the institute for the instructor to first come to Korea. The return airfare will be provided to instructor on the last day of her/his working day according to this contract.
D. Insurance: A medical & accident insurance plan from an insurance company will be offered to the instructor. The annual premium will be split equally between Instructor and Institute if Instructor desires to be covered.
E.Tax: Korean income tax will be deducted from the salary according to the Korean tax law(currently 5% ~ 7%). F. Severance payment: Institute will give 2.1 million won to the Instructor at the end week of completion of contract with institute. 5~7% of income tax will be deducted from severance payment
G. Single Housing: Institute will be provide rent-free private housing to instrutor(or couple housing will be shared). Housing requires no deposit of any kind, is 1 or 2 bedroom. For the first six months, the employer will collect 100,000won per month deposit for utilites and phone charges even if the teacher pays these charges each month. This deposit will be refunded 2 months after completion of this contract.
H. Vacations and Holidays: The instructor will get all Korean National Holidays off and paid, and also one week paid vacation in the summer and one week paid vacation in the winter. The vacations will be scheduled by the institute.
6. Instructor's Duties and Responsibilities
A. General Duties of Instructor The Instructor's duty and responsibilities include, but are not limited to, the following : a.English as a Second Language(ESL) instruction in any and all phases of the Institute's program, or its franchise, subsidiary, or other designated location; b. Preparation for classes; The instructor is expected to have 30minutes preparation time everyday before actual teaching classes. c. Preparation of a 4-week schedule for each class of which Instructor shall be in charge. d.The Institute considers 1 month as one session. One week before each session ends, the Instructor should prepare for Monthly evaluation sheet of each student in his/her class. Institute shall provide Instructors with official evaluation forms. e. Assistance in developing the Institute's educational program and materials; f. Attendance at teacher's meetings, workshops, and training sessions, etc.; g. Participation in other activities related to any aspect of the business of the Institute. (for morning class, instructor should take care to lunch time with partner teacher and it�s not include pay.)
B. Instructor will set a good positive example of himself/herself and his or her Institute at all times. Furthermore, the Instructor will follow the directions of his/her director.
C. Instructor should be in good health and will submit his/her health condition check up list upon arrival of the Institute within a week to the Institute (Instructor may have his/her health check up in Korea at a reasonable expense) The Instructor shall not conceal any diseases or epidemic illness which may interfere with his or her teaching or which may infect others. Instructor will follow and set class schedules and will not dismiss class, cancel classes, or start classes late without pre- approval by academic director.
E. Instructor will use teaching materials recommended by the Institute but is encouraged to Supplement with other materials. However, these materials must have prior approval by the Institute. Furthermore, all materials given to the Instructor by the Institute will be returned after they are no longer needed.
F. In order to maintain the Institute's professional reputation, female Instructors are to wear dresses, skirts, or dress pants while performing ESL instruction; male Instructors are to wear dress pants, a dress shirt and a tie. Jeans are occasionally allowed. It is important for the Instructor to remember that he or she is, at all times, a representative of the Institute, and to look and behave accordingly. He or she is not to partake in any activities which reflect poorly on or damage the Institute and its reputation, nor are contrary to South Korean public policy or law. G.The Instructor agrees not to partake in the following activities since they may damage the reputation of the school:
a. Conducting class while under the influence of alcohol, smoking, of under the influence of illegal drugs.
b. Make sexual advances towards, or enter into relationships with students or employees of the school.
c. Ensure not to sexually harass any employees, any other teachers, nor students of the Institute, Sexual harassment at work is strictly prohibited in accordance with recent Korean law.
d. Conducting any business of accepting any funds on the behalf of the Institute without prior permission from the Institute.
e. Borrowing or lending of funds to students or conducting any sales of items to students. Any damages that are caused by the direct result of Instructor's negligence , either at the Institute or Residence, will be paid for such costs by the Instructor. Furthermore, the Instructor will be heldliable under Korean Law.
I. If Instructor seeks release from the contract for cultural differences, homesickness or personal problems, he/she will receive only 70% of the agreed upon salary for the time remaining in Korea. Additionally, the Instructor agrees to work until a replacement instructor is positioned.
J. If Instructor fails to conduct himself/herself in a professional manner, resulting in damage the image of the school, the Institute has the right to terminate this contract, but must provide at least a two week notice to the Instructor. And, if the Institute violates the contract, the Instructor also has the right to terminate the agreement, but a one-month notice must be provided as well. First of all, the most important thing two parties should remember is that if something unpleasant happens, we'd better talk and understand each other.
K. If Instructor is chronically late without notification, salary may be deducted for the hours of which they are late.
7. Promotions, Incentives, Pay raises, Bonuses The Instructor's performance and work will be periodically evaluated, at which time his compensation Level will be reviewed. Exemplary and superior work and effort will be rewarded by an incentive bonus system. Similarly, promotions will be granted based on the Instructor's performance and capacity for additional responsibility. Bonuses will be awarded based on overall Institute performance and individual instructor performance. Some important traits and measures of individual performance are: contributing distinctively to the Institute's development, providing useful ideas for better instruction, the Instructor's attitude and overall effort, the Instructor's student re-enrollment rate, and comments from students and parents.
8. Copyright, Nonclosure, Noncompete Agreement(Copyrights) Any teaching materials produced or created by the Instructor while in the employment of the school shall be the sole property of the Institute. (Nonclosure) While still in the employment of the Institute or after resigning, the Instructor must not make any teaching information public that he or she obtains from the Institute or develops for the Institute. The teaching techniques, books, and materials of the Institute are proprietary and are to be protected as intellectual and copyrighted material. (Noncompete Agreement):During this contract period, working for a competing school, unauthorized private tutoring, or private interest is strictly prohibited.
9. Termination of Contract (Termination by Instructor)Institute recognizes that special circumstances may develop which requires this contract to be amended or terminated prematurely (serious illness or death in immediate family or self, etc.) The Institute will endeavor to accommodate the Instructor's specific needs in such situations, evaluating these needs on a case by case basis. If the Instructor's resignation is determined to be voluntary(unilateral and without just cause), the Instructor will be reimbursing the round trip airfare that institute had provided, the Instructor will forfeit any accumulated but unpaid salary or bonus, or other incentive pay not yet paid. Institute shall receive its reimbursement for the above cost by keeping the portion of unpaid but earned salary or bonus or deposit necessary to cover these costs (and any other personal costs and debts, any unpaid utilities, and any damages to Institute Teacher leaves behind--) The institute will give the balance to Teacher either in person or by mailing.
By signing this contract, Instructor certifies that he or she has every intention of fulfilling his or her obligation for the duration of the contract and that there is no reason that he should not be able to enter into such a contract.
(Termination by Institute)This contract cannot be broken by the Institute without just cause, which includes, but is not limited to the following situations; when the Instructor is found to be in breach of the contract or is involved in a scandal that may tarnish the reputation of the institute, Instructor's possession or use of illegal and/or illicit substances, excessive unexcused) absenteeism and/or tardiness, and when the Institute concludes that the Instructor cannot perform class activities, has a poor attitude, or lacks the qualities necessary to be an effective instructor. If the instructor is asked to leave the institute with the above situations and if the teacher leaves the school before six months period of this contract for his/her own sake, the instructor have to reimburse the round trip airfare that the institute had provided.
The Instructor's employment cannot be terminated by the Institute without the Instructor being duly warned about his or her poor performance and/or attitude, and given the opportunity to remedy the problem, unless the Instructor's performance and/or behavior are deemed particularly egregious such that immediate termination is necessary in order to save the Institute's reputation and business standing.
Of course if it is deemed that Instructor intentionally (via blatant disregard for the rules or well-being of the Institute) forces the Institute to terminate Instructor's employment in an effort to avoid reimbursing the Institute for the costs of securing a replacement for the Instructor, then the Institute may assume that the Instructor has voluntarily terminated the contract and thus may impose these and the other penalties noted under "Termination by Instructor". (Discipline and Penalties)The Institute reserves the right to utilize the full range of disciplinary measures as allowed under Korean law if the Instructor violates the contract, damages the reputation of the Institute, or fails to perform adequately. These rights include, but are not limited to: warning and counseling, freeze on pay raises, revocation of previous pay raises, removal from current position and dismissal.
10. Renewal of Contract The Institute and the Instructor may jointly agree to renew the contract for the period of one year or other mutually agreed time period. The Teacher shall notify the Institute if his or her intent is such not less than sixty days prior to the termination of the contract.
12. Governing Laws and Jurisdictions This contract shall be interpreted according to the internal(domestic) laws of the Republic of Korea. The competent court in Seoul, Korea shall have jurisdiction in regard to any dispute or claim arising out of or in connection with this contract. Both parties have read the above conditions and agree to the terms in good faith and will attempt to resolve any dispute in a reasonable manner. All decisions that can not be resolved by the two parties above will be solved in accordance to Korean Civil Law.
13. Holidays
All Korean holidays with , summer and winter holidays which will be organized by the institute. |
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alabamaman
Joined: 25 Apr 2006
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Posted: Mon Sep 11, 2006 4:00 am Post subject: Re: Urgent! Contract help please! |
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Our contract: It's not our contract you morons it's called a labor contract!
1. Job position This contract is entered into for the position of an English conversation instructor.
2. Validity of Contract This contract becomes effective upon the signing of this document by both the Instructor and the Institute. This contract supercedes any and all prior agreements, oral or written, between the parties; any future modifications to this contract must be made in writing by an officer or authorized agent of the Institute with pre-approval by the President of and executed by the signature of both parties. The Instructor's monthly salary shall commence and count from the first day of his or her teaching in accordance with the Institute's schedule.
3. Period of Employment The Instructor will be employed by the Institute from the following dates. From: To: The period of employment under this contract will last for one calendar year from the date of the Instructor's first day of work for the School, unless other written contractual agreements have been entered into to amend this time period. The instructor should take at least 3 day orientation from the institute before the instructor starts to work for the institute.
Hmmm Hmmm! They know that you cannot participate in any work related activities or work for them until you've been issued an E2 Visa by Korean Immigration Officials. There should be start and finish dates. You should have contractual language stating, "The employee will not participate in any work related activities or work for the worker until Korean Immigration Officials have issued an E2 Visa."
4. Weekly Working Hours Instructor is expected to work from Monday through Friday, 110 hours a month or 4 week session (20 working days) which is conducted by the institute. (One class is considered of 40 or 55 minutes teaching time and 5 minutes break, and only pay for working hour not break time) and thus, the Instructor is subject to be scheduled anytime within these hours, and occasionally outside of these hours for special assignments.
Not being paid for transistion time between class is garbage!
5. Compensation
A.Monthly Salary: A monthly salary of 2.1 million won will be paid for 120 teaching hours or 4 week session conducted by the institute. The overtime wage of 15,000 won per hour will be paid for any time over 120 hours a month or a 4 week session. Each month�s overtime hours are calculated at the end of that period and are accounted for as 1 payment session. Overtime does not include reasonable weekly class preparation and staff meeting.
Overtime: 25,000 with all the extras they will have you doing as well as all those extra responsibilities to get that pay raise
No established working hours
B.Pay Day: The Institute counts the first day of working as start date of working. The first monthly salary is paid on the 10th of the following month. The Institute can negotiate the date according to the situation. However, if the Instructor needs an advanced pay for urgent needs, the Institute shall allow her or him to obtain it under pre-approval by the Institute director.
Pay day no later than the 5th
C. Transportation: A one-way economy class airfare will be provided by the institute for the instructor to first come to Korea. The return airfare will be provided to instructor on the last day of her/his working day according to this contract.
If the instructor stays in Korea you should be provided with the cash equivelant.
D. Insurance: A medical & accident insurance plan from an insurance company will be offered to the instructor. The annual premium will be split equally between Instructor and Institute if Instructor desires to be covered.
Korean National Healthcare Plan:
http://www.nhic.or.kr/wbe/faq/faq.html
How much will your employer deduct from your monthly salary for premium payments throughout the contract period in Korean Won? (2.24% of your monthly salary)
How much will your employer prepay per 3 month lump sum (2.24% x monthly salary x 3) for Korean National Healthcare Insurance Premiums?
When will your employer enroll you in the KNHIP?
When will you recive your KNHIP Medical Insurance Card?
E.Tax: Korean income tax will be deducted from the salary according to the Korean tax law(currently 5% ~ 7%). F. Severance payment: Institute will give 2.1 million won to the Instructor at the end week of completion of contract with institute. 5~7% of income tax will be deducted from severance payment
Income Taxes
http://www.nts.go.kr/eng/default.html
*Go to check my monthly withholding tax
How much will your employer deduct from your monthly salary for income taxes in Korean Won throughout the contract period ?
If you check your taxes on the NTS website, you will notice how much money this employer is pocketing.
There should be contractual language for Korean Pension Fund...
Korean Pension Fund
http://www.nps4u.or.kr/eng/enpsk.html?code=./enpsk/a02.html
How much will your employer deduct from your monthly salary to be paid into the Korean Pensiond Fund throughout the contract period (4.5% of your monthly salary)?
How much will your employer contribute to the Korean Pension Fund in Korean Won per month throughout the contract period (employer shall match the deduction from your monthly salary)?
Korean Pension Fund contribution and return of said pension contribution at the end of contract.
http://www.npc.or.kr/social/index_en.html
http://www.eslcafe.com/forums/korea/viewtopic.php?t=45302
G. Single Housing: Institute will be provide rent-free private housing to instrutor(or couple housing will be shared). Housing requires no deposit of any kind, is 1 or 2 bedroom. For the first six months, the employer will collect 100,000won per month deposit for utilites and phone charges even if the teacher pays these charges each month. This deposit will be refunded 2 months after completion of this contract.
Omit clause G, since there's no way you'll get any money back from this crook! Your employer can only deduct for Medical, Income Taxes, and Korean Pension Fund. Ask him to remove this deduction. If he doesn't, then it's know considered a penalty clause.
Accommodation
The following items should be in working condition, and your apartment should be clean upon arrival.
Rent (A majority of ESL Teachers prefer a one bedroom apartment)
Bed
Desk
Closet
Table
TV
Washing machine
Clothes rack
Pots
Pans
Dishes
Forks/Knives/Spoons
Phone
Refrigerator
Stove
Air conditionar
Heating system
Utilities are paid by the employee.
You're are not responsible for the previous occupant's unpaid bills.
H. Vacations and Holidays: The instructor will get all Korean National Holidays off and paid, and also one week paid vacation in the summer and one week paid vacation in the winter. The vacations will be scheduled by the institute.
6. Instructor's Duties and Responsibilities
A. General Duties of Instructor The Instructor's duty and responsibilities include, but are not limited to, the following : a.English as a Second Language(ESL) instruction in any and all phases of the Institute's program, or its franchise, subsidiary, or other designated location;
You can only work at the location specified on your ARC... Franchise, subsidiary, or other designation location wouldn't conform with Immigration policies.
b. Preparation for classes; The instructor is expected to have 30minutes preparation time everyday before actual teaching classes.
c. Preparation of a 4-week schedule for each class of which Instructor shall be in charge.
d.The Institute considers 1 month as one session. One week before each session ends, the Instructor should prepare for Monthly evaluation sheet of each student in his/her class. Institute shall provide Instructors with official evaluation forms.
I wouldn't do evaluation sheets. Hagwon owners want to make money, and will be reluctant to show momma a bad grade. I would omit the above clause anyhow. A bad grade probably would get changed.
e. Assistance in developing the Institute's educational program and materials;
The Institutes educational program should be developed upon arrival, and so should the materials. It's not your job to develop the school's educational program. If they insist on such contractual language, then that probably means the dumbasses are unorganized!
f. Attendance at teacher's meetings, workshops, and training sessions, etc.;
1 meeting per week
1 workshop per month
Omit training sessions....
g. Participation in other activities related to any aspect of the business of the Institute. (for morning class, instructor should take care to lunch time with partner teacher and it�s not include pay.)
Another drunk who wrote a grotesque labor contract. Don't work without pay in this instance.... Red flag anyhow!
B. Instructor will set a good positive example of himself/herself and his or her Institute at all times. Furthermore, the Instructor will follow the directions of his/her director.
C. Instructor should be in good health and will submit his/her health condition check up list upon arrival of the Institute within a week to the Institute (Instructor may have his/her health check up in Korea at a reasonable expense) The Instructor shall not conceal any diseases or epidemic illness which may interfere with his or her teaching or which may infect others. Instructor will follow and set class schedules and will not dismiss class, cancel classes, or start classes late without pre- approval by academic director.
E. Instructor will use teaching materials recommended by the Institute but is encouraged to Supplement with other materials. However, these materials must have prior approval by the Institute. Furthermore, all materials given to the Instructor by the Institute will be returned after they are no longer needed.
F. In order to maintain the Institute's professional reputation, female Instructors are to wear dresses, skirts, or dress pants while performing ESL instruction; male Instructors are to wear dress pants, a dress shirt and a tie. Jeans are occasionally allowed. It is important for the Instructor to remember that he or she is, at all times, a representative of the Institute, and to look and behave accordingly. He or she is not to partake in any activities which reflect poorly on or damage the Institute and its reputation, nor are contrary to South Korean public policy or law.
G.The Instructor agrees not to partake in the following activities since they may damage the reputation of the school:
a. Conducting class while under the influence of alcohol, smoking, of under the influence of illegal drugs.
Should be in termination clause
b. Make sexual advances towards, or enter into relationships with students or employees of the school.
Should be in termination clause
c. Ensure not to sexually harass any employees, any other teachers, nor students of the Institute, Sexual harassment at work is strictly prohibited in accordance with recent Korean law.
Should be in termination clause
d. Conducting any business of accepting any funds on the behalf of the Institute without prior permission from the Institute.
Your boss cannot give you permission to do privates!
e. Borrowing or lending of funds to students or conducting any sales of items to students. Any damages that are caused by the direct result of Instructor's negligence , either at the Institute or Residence, will be paid for such costs by the Instructor. Furthermore, the Instructor will be heldliable under Korean Law.
Remove "Furthermore, the Instructor will be heldliable under Korean Law."
I. If Instructor seeks release from the contract for cultural differences, homesickness or personal problems, he/she will receive only 70% of the agreed upon salary for the time remaining in Korea. Additionally, the Instructor agrees to work until a replacement instructor is positioned.
Korean Labor Laws state you're get paid in full, and you should omit this whoo-diddle contractual language about 70%!
J. If Instructor fails to conduct himself/herself in a professional manner, resulting in damage the image of the school, the Institute has the right to terminate this contract, but must provide at least a two week notice to the Instructor.
Omit this crud above, since it doesn't conform with Article 30 of the LSA.
And, if the Institute violates the contract, the Instructor also has the right to terminate the agreement, but a one-month notice must be provided as well. First of all, the most important thing two parties should remember is that if something unpleasant happens, we'd better talk and understand each other.
You should bring all complaints to your employer in writing! Contractual language pursuant to Article 26 of the LSA should be present in this clause. The one month notice should have contractual language stating you have been relieved of your contractual duties, and that your free to work anywhere else as soon as the one month notice expires
K. If Instructor is chronically late without notification, salary may be deducted for the hours of which they are late.
Deduct me for an hour when I'm only partially late! Another penalty clause.
7. Promotions, Incentives, Pay raises, Bonuses The Instructor's performance and work will be periodically evaluated,
How often? I would ask if your on a probation period also. They can dismiss you without an Advance Notice of Dismissal during the probationary period. Are these evaluations written, or a causual meeting?
at which time his compensation Level will be reviewed. Exemplary and superior work and effort will be rewarded by an incentive bonus system. Similarly, promotions will be granted based on the Instructor's performance and capacity for additional responsibility. Bonuses will be awarded based on overall Institute performance and individual instructor performance. Some important traits and measures of individual performance are: contributing distinctively to the Institute's development, providing useful ideas for better instruction, the Instructor's attitude and overall effort, the Instructor's student re-enrollment rate, and comments from students and parents.
Additionaly responsibility How much extra pointless BS work do you have to do that's really not established in your contract to get this pay raise? This is pure garbage! It's grotesque!
8. Copyright, Nonclosure, Noncompete Agreement(Copyrights) Any teaching materials produced or created by the Instructor while in the employment of the school shall be the sole property of the Institute. (Nonclosure) While still in the employment of the Institute or after resigning
If they don't sponsor your E2 Visa, you don't work for them anymore, then remove such communist propaganda. This is complete crap!
the Instructor must not make any teaching information public that he or she obtains from the Institute or develops for the Institute. The teaching techniques, books, and materials of the Institute are proprietary and are to be protected as intellectual and copyrighted material. (Noncompete Agreement):During this contract period, working for a competing school, unauthorized private tutoring, or private interest is strictly prohibited.
9. Termination of Contract
[b]The employer shall not dismiss, lay off, suspend, transfer the employee, reduce wages, or take other punitive measures against the employee without "justifiable reason." Justifiable reasons will be referred to as gross negligence, violation of Korean Laws, and serious violations. Gross negligence shall be defined as "Intentional failure to perform duties established in this labor contract (clause 6).
The employer will issue an Advance Notice of Dismissal to the worker at least thirty days before dismissal. If the notice is not given thirty days befory the dismissal, normal wages for more than thirty days shall be paid to the worker.
The employer may terminate the labor contract if If any of the conditions of employment set forth in accordance with Article 24 of the Labor Standards Act are 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.
10. Renewal of Contract The Institute and the Instructor may jointly agree to renew the contract for the period of one year or other mutually agreed time period. The Teacher shall notify the Institute if his or her intent is such not less than sixty days prior to the termination of the contract.
This notification should be in writing, and there should be contractual language stating so in this labor contract.
12. Governing Laws and Jurisdictions This contract shall be interpreted
according to the internal(domestic) laws of the Republic of Korea. The competent court in Seoul, Korea shall have jurisdiction in regard to any dispute or claim arising out of or in connection with this contract. Both parties have read the above conditions and agree to the terms in good faith and will attempt to resolve any dispute in a reasonable manner. All decisions that can not be resolved by the two parties above will be solved in accordance to Korean Civil Law.
13. Holidays
All Korean holidays with , summer and winter holidays which will be organized by the institute.
Many hagwons offer 5 days of consecutive annual leave in the summer, and 5 days of consecutive annual leave in the winter. You're entitled to all Korean National Holidays (they are paid) , and no deductions in pay can occur on those days. There have been numerous labor contracts that have counted weekend days as annual leave days. Don't accept that.
Last edited by alabamaman on Mon Sep 11, 2006 6:17 am; edited 7 times in total |
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kermo

Joined: 01 Sep 2004 Location: Eating eggs, with a comb, out of a shoe.
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Posted: Mon Sep 11, 2006 4:46 am Post subject: |
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I. If Instructor seeks release from the contract for cultural differences, homesickness or personal problems, he/she will receive only 70% of the agreed upon salary for the time remaining in Korea. Additionally, the Instructor agrees to work until a replacement instructor is positioned. |
Wow. This is just BEGGING for midnight runs. I can't see why you'd agree to this, because it traps you in a crappy situations for an unlimited amount of time (they can claim they're looking for a replacement as long as they want, while getting a bargain on your salary. Cross it out!
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This contract cannot be broken by the Institute without just cause, which includes, but is not limited to the following situations; when the Instructor is found to be in breach of the contract or is involved in a scandal that may tarnish the reputation of the institute, Instructor's possession or use of illegal and/or illicit substances, excessive unexcused) absenteeism and/or tardiness, and when the Institute concludes that the Instructor cannot perform class activities, has a poor attitude, or lacks the qualities necessary to be an effective instructor. If the instructor is asked to leave the institute with the above situations and if the teacher leaves the school before six months period of this contract for his/her own sake, the instructor have to reimburse the round trip airfare that the institute had provided. |
This is extremely general, and essentially means they can fire you at any moment. It's also illegal to ask you to pay back the airfare. By the way, why does it say "round-trip" when the other part of the contract says you won't get the return ticket until your last day of teaching? The law requires that if you've worked 1/2 of 6 months, then you only reimburse 1/2 of the first ticket (and obviously none of the second, which you haven't used yet.)
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For the first six months, the employer will collect 100,000won per month deposit for utilites and phone charges even if the teacher pays these charges each month. This deposit will be refunded 2 months after completion of this contract. |
Even IF they pay you back without nickel-and-diming you for various supposed infractions, this doesn't work very well for you if you intend to leave the country when your contract is finished. I'd strike this out if I were you.
There are other problems, but those are just the glaring ones, and since you're already working with this school, I'd focus on your key priorities. |
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Gord

Joined: 25 Feb 2003
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Posted: Mon Sep 11, 2006 1:32 pm Post subject: |
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kermo wrote: |
It's also illegal to ask you to pay back the airfare. By the way, why does it say "round-trip" when the other part of the contract says you won't get the return ticket until your last day of teaching? The law requires that if you've worked 1/2 of 6 months, then you only reimburse 1/2 of the first ticket (and obviously none of the second, which you haven't used yet.) |
The law says nothing about airfare being paid for by the employer or getting credit for working part of year. Legally, the airfare was being provided as a conditon of working for a full year and leaving early means this condition was not met, thus the airfare becomes a liability owed by the person.
Historically in Korea, contracts have provided for a credit towards the airfare should a person leave early but it is not a lawful requirement. |
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RnH
Joined: 02 Aug 2006 Location: Korea
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Posted: Mon Sep 11, 2006 8:13 pm Post subject: |
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Thanx for the advice! Really appreciate it! |
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