Korean Job Discussion Forums

[salboski]

turned down another Hakwon because of a very shady contract. That makes 3 now. What's the most you've turned down on your path to the perfect job?

[Homer]

What is the perfect job for you?

How long are you willing to wait for it and does it even exist?

[jajdude]

I refused quite a few recently due to lousy contracts sent via email, though most employers were willing to negotiate. That was around the end of August, when I figure most employers were a bit desperate and willing to bend a contract to get a native speaker ASAP.

My advice is, if you see a contract, especially via email, you can copy and paste it, and alter it to what you'd like, being reasonable enough I guess, then send it back. If the employer feels like it, he will sometimes say OK, sure, I'll pay you a bit more, and accept your (hopefully reasonable enough) changes.

I think more foreigners are becoming keener to what is and is not a half-decent contract, and you should negotiate what you feel is appropriate. That said, if you demand a lot or too much, that so-called 'perfect' job may be very hard to get. Usually one has to make concessions along the way anyway, to help pave a smooth relationship with an employer.

[Homer]

[salboski]

What's perfect? It's pretty simple really. I'll come in and teach 6- 50 min classes per day. I will prep for 30 mins prior to each day. I will take a 30 min lunch break. You will pay me the money agreed upon. I don't want to work weekends. When the contract is finished, you give me my bonus, and I go home. I don't want to be lied to, or hassled.

Here is a just a taste of the last one.

 The Academic Director can request the Employee to work overtime even though the Employee has completed 30 classroom hours a week.. The Academic Director shall not have the power or authority to require Employee to work more than 40 classroom hours in total in any one week, unless Employee consents there to in addition and beyond the salary set forth herein below. (1 overtime hour, 18,000 SKW )



What happened to the right to refuse overtime?

[laogaiguk]

[inspector gadget]

I turned down 7 hawgwons before I accepted my first of two gigs here in korea.

The 8th was a charm, awesome director, had a great year working for them.

Take your time, be patient talk to them and the current or former teachers.

Be patient.

After a great hagwon job my first year, I decided not to tempt fate again, after a year and a half working on cruise ships I decided to come back to kland but got a public school gig.

[Homer]

Salboski...this:

What's perfect? It's pretty simple really. I'll come in and teach 6- 50 min classes per day. I will prep for 30 mins prior to each day. I will take a 30 min lunch break. You will pay me the money agreed upon. I don't want to work weekends. When the contract is finished, you give me my bonus, and I go home. I don't want to be lied to, or hassled.

Sounds reasonable...it is surprising you are having a hard time finding a job....

Also the clause you stated is not shady...it is a clause that lays out the rules for overtime work!

What are you looking for a clause that says:

Employer cannot request the employee to do any overtime

The clause you quoted simply says that the employer can request you to do overtime if that is needed and that you can choose to do the overtime or not...that seems pretty reasonable....

[sheba]

I turned down 5 jobs before accepting the one I have now. Im now into my second contract. If you have time to burn, dont accept less than what you want and deserve.

[salboski]

[Homer]

Here it is....

The Academic Director can request (i.e he cannot order or force)the Employee to work overtime even though the Employee has completed 30 classroom hours a week.. The Academic Director shall not have the power or authority to require Employee to work more than 40 classroom hours in total in any one week, unless Employee consents (here is consent) there to in addition and beyond the salary set forth herein below. (1 overtime hour, 18,000 SKW )

Hence....the clause implies the employer cannot force overtime and that he requires teacher consent for overtime above a certain level.

Instead of turning down the job (if this was the only hitch) why not propose to re-word the clause so it is more precise or ask teachers on staff what overtime is like at the school....

[salboski]

Hey Homer! *does best impression of Barney from the simpsons*

Here is the entire contract. I turned it down because there were just too many things I didn't like. Feel free to critique it if you like. Anyone else too.

1. EMPLOYMENT OF EMPLOYEE
Employer hereby employs Employee to teach the English language in form and manner and under the terms and conditions set forth in this Agreement. Employee hereby accepts employment from Employer to teach the English language in the form and manner and under the terms and conditions set forth in this Agreement.

2. TERM OF RENEWAL
2.1 The term of this Agreement shall be twelve(12) full and consecutive months from the next day of arrival in Korea, specified in Section 4 of this contract.
2.2 No later than four(4) full months before the date of termination of this Agreement Employer and Employee shall consult together and shall agree either to an extension or termination of it. In the event the parties agree upon a termination, this Agreement shall end as of the date of termination set forth herein above.

3. DUTIES OF EMPLOYEE
3.1 During the term of this Agreement the Employee shall accept, obey, and strictly comply with the instructions, supervision, training, and discipline of the Academic Director and shall carry out such assignments as directed by the Academic Director. These duties shall include ESL instruction in all phases of the program, administrative duties related to the Employee, classroom duties, administrative at scheduled staff meetings, workshops, and school sponsored outings, and any other duties as may be assigned by the Academic Director. The Academic Director is responsible for establishing standards of performance relative to the Employee and empowered to take necessary steps to assure that those standards are met.
3.2 During the term of this Agreement, the Employee will be required to perform work assigned to him/her by the Employer for 30 classroom hours including phone teaching from Monday to Friday each week. (1 hour = 50 minutes)
 with the exception of two Saturdays per year (annual special events),sleep over (one night and two days; annual special event) and non-teaching time on Saturdays: staff meetings and professional development workshops .
 In order to maintain the quality of lessons, 1.5 hours of preparation time prior and 30 minutes meeting time prior to classes each day is required from the Employee.
 This preparation time and writing report time are not included in the calculation of any overtime hours which the employee may be required to work..

 The Academic Director can request the Employee to work overtime even though the Employee has completed 30 classroom hours a week.. The Academic Director shall not have the power or authority to require Employee to work more than 40 classroom hours in total in any one week, unless Employee consents there to in addition and beyond the salary set forth herein below. (1 overtime hour, 18,000 SKW )

3.3 Employee understands and agrees that at all times during the term of this Agreement, Employee shall strictly obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.

4. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE
4.1 Salary
Institute shall pay Employee as compensation for all services rendered the total aggregate monthly salary of _2.1_ million South Korean won (SKW) for each month of the contract period with Institute. Any overtime work payment shall be above and beyond the aggregate monthly salary. Payment of the salary shall be made in SKW. This salary will be paid monthly, 10 calendar days after the completion of each working month..
Korean income and resident taxes will be withheld (3.3%)
4.2 Vacation Time
Employee shall enjoy 10 days of paid vacation. School vacation is included in Employees vacation. But the schedule can be changed by school�s schedule. Documented sick leave and emergency leave will be paid for a combined total of 3 working days a year. Employee should provide the institute with as much advance notice as possible. Employee should submit doctor�s prescription to the school for approving sick leaves. Unused sick leave may not be converted into any cash payment. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be subtracted from the following months pay. The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.
4.3 Housing
Institute shall select and provide a private apartment. Institute shall provide furnishings for the selected location. Institute shall make selection of an apartment in consultation with the Academic Director.
4.4 Transportation
The employer will provide the employee with an air ticket to Korea from the point of hire. The employee will purchase this ticket and will be reimbursed on arrival in Korea. In the event Employee completes the full contract period, Employer will purchase for the Employee an economy class ticket for passage on a regularly scheduled airline to the point of hire from Korea. The return air ticket will be provided at the time of the termination of employment. If Employee stays in Korea, Employer will not provide a return ticket. In the event that the extension of the Employment Agreement between the Employer and the Employee is met, the return air ticket will be provided at the time of completion of the subsequent contract period(s). In the case of the Employee resigns voluntarily or recalls employment agreement within 8 months, Employer will deduct the half of Employee�s salary.
4.5 Maintenance
The cost of monthly service, utility charges for accommodation will be deducted from Employee�s monthly salary. Employee agrees to the withholding from salary payment of a security deposit to cover unpaid monthly service, utility, and telephone charges, or cover penalty payments for Employee�s default on contract agreements. Such deposit amounting to 300,000 SKW and being deductible from Employee�s salary during the first three(4) months of employment with Employer. Employer will hold the full amount of the security deposit until all outstanding monthly service, utility, and telephone charges have been paid. In the event that Employer makes payments covering monthly service, utility, and telephone charges on behalf of Employee, the amount of such payments will be deducted from the security deposit and the remainder of security deposit returned to Employee. Employer agrees that payment of remaining amounts of security deposit will be made to Employee within ten (10) calendar days after all outstanding monthly service, utility, and telephone charges have been paid.
4.6 Medical Insurance
Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organisation. The cost of this coverage will be borne half by Employer and half by Employee. Payment will be made by monthly deduction from Employee�s salary, at present 3%, and a like amount contributed by Employer.
4.7 Severance Payment
Upon completion of this agreement, Employee will be entitled to one (1) month of severance pay for every year of employment. Employer will pay total aggregate monthly salary of 2.1 million SKW within 10 calendar days after completion of this Agreement. Korean income and resident taxes will be withheld.

5. DRESS CODE
Teachers at all institutes are expected to dress somewhat formally while teaching and while on the Institute premises. Men are required to wear a tie and women to wear a dress or pantsuits. Blue jeans, T-shirts, shorts, sandals and sneakers are not considered appropriate dress while teaching at Employer. All clothes worn are to be clean and neatly pressed. Koreans generally dress conservatively.

6. DISMISSAL BY INSTITUTE
6.1 Institute shall have the right at its sole discretion to dismiss Employee for clear and frequent neglect of duties under this Agreement. Including, but not limited to frequent absences from Institute without approval of the Academic Director, or good reason thereof, or for manifest inability to perform duties under this Agreement. Provided, however, before any such dismissal, Employee shall be warned of dissatisfaction with performance and shall be afforded at least twenty(20) working days in which to remedy the situation. Criminal or other conduct inside of outside Institute that would in the opinion of the Academic Director and owner seriously jeopardise any person or the reputation of its students, or its staff, will be cause for immediate dismissal and no warning or time for remedy will be allotted..

7. DUTY OF SECRECY
7.1 Employee shall not disclose any of the contents of this agreement, including salary, to a third party (including other employees of the school)
7.2 Employee shall not disclose any information relating to the contents of lecturers and business operation of the School without prior permission of the School. Violation of this portion of the contract will cause Employee to be responsible to compensate the School for all possible losses suffered by the School .

8. MERGER CLAUSE
This Agreement constitutes the entire understanding between the parties hereto with respect to the subject matter here of, and supersedes all previous negotiations, commitments, and writings with respect here to. No modification of this Agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties here to. Furthermore, this contract nullifies and voids any previous contract between the two parties.
Employer and Employee have executed this Agreement on the date indicated below. Intending to be legally bound here to Employee have appended their signature.

9. Employer will provide a copy of this signed and dated agreement to Employee.


POINT OF HIRE :



Employee Signature Employer Signature



Employee Name Employer Name



Date

[formerflautist]

Smart of you to turn it down. Looked like you'd be stuck doing a lot of unpaid work.

[Milwaukiedave]

Often times Hagwon owners don't care what's in the contract, so it is true that you should read it carefully.

Even things that appear to be fine could be twisted by the director. I've seen hagwon owners force teachers to work overtime. As long as their making money, then why should they care?

[poet13]

"The Academic Director shall not have the power or authority to require Employee to work more than 40 classroom hours in total in any one week, unless Employee consents..."

I read this as, "the director can force the employee to work ten extra hours a week, but not more than that."

So, 30 hours is the standard contractual.

from 30 to 40 the employer can force.

40 and up requires employee consent.

I also read it as, " OT only starts after 40 hours." So the hours 31 to 40 are free!

NO WAY!