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How does this sound to you?

 
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neil-r



Joined: 08 Oct 2006
Location: busan

PostPosted: Thu Nov 30, 2006 12:46 am    Post subject: How does this sound to you? Reply with quote

Thinkin' about signing this contract but there are a few clauses that I am concerned about. Any advice/suggestions/warnings? Shocked

Here's a partial copy of the contract.......

4. Assigned Course and Salary:

Assigned Course: English
Monthly Salary: 2,100,000won
Number of Class-hours: 30 teaching hours per week
Number of Working-hours : 9 hours per day
The School guarantees the Instructor the monthly salary as stated above, and the Instructor agrees to be available to teach all class hours offered by the School. If the Instructor cannot teach the required class hours due to his/her unavailability, the monthly salary guarantee will not apply, and it may be cause for termination of the contract.
Overtime, working hours over and above the required 30 hours per week, will be paid at 18,000 won per hour. Only teaching hours in excess of 30 hours per week and only those approved by the Academic Supervisor / Director are considered overtime.
Overtime will not include workshops, teachers� training sessions or any other events scheduled by the School as stated in Article 1 (2).

5. The Payment of Salary:

The initial pay scale of the Instructor is decided by the School on the basis of the Instructor�s educational background and experience.
The Instructor is paid on the payday every month without delay.
If the Instructor leaves the School and is subsequently rehired at a later date, the Instructor will be able to retain his/her pay-scale grade from the time of leaving if he/she has taught full-time at the School for a minimum of 12 consecutive months.
Income taxes will be deducted in accordance with Korean Tax Laws.
If the Instructor is absent from his/her class, proper payment (apply to 11(4)) is deducted.
If the Instructor is late without reason, it counts as one day absent.
If the instructor leaves early twice, it counts as one day absen


11. Termination of the Contract:

If the School does not notify the Instructor of a renewal of the contract two months prior to the end of the employment period as stated in 3(1), then this contract is automatically terminated when the contract period ends.
The Instructor may notify the School in writing two months in advance requesting to terminate the contract before the contract period ends
If the Instructor cannot fulfill the terms and conditions of the contract due to his/her own personal reasons The contract may be terminated.
If the Instructor is absent from classes three or more times or late for work five or more times, without giving prior notice, such absence or tardiness may be cause for early termination of the contract. If the Instructor is absent, 25,000 won per working hour is deducted from their salary.
When the contract is terminated due to the conditions described in items (2), (3), and (4), the School reserves the right to terminate the contract and to take necessary legal action for any damages incurred due to early termination of the contract. In addition, the School is not responsible for severance pay nor air fee. If the Instructor is a foreign citizenship holder, School will notify the Ministry of Justice concerning the termination of employment and sponsorship for the work visa.
The School reserves the right to revoke this contract if the Instructor is found to be in breach of contract.
The School will notify the Instructor in writing if termination of the contract is deemed necessary





12. Instructor�s Absence

When the Instructor misses his/her classes because of unexpected illness, accidents, or other unavoidable reasons, he/she must notify School in writing within 2 days. And also the instructor can have 1 sick day. A missed class without a proper notification will be considered as an absence. The Article 5(5) and the Article 11(4) will be applied in this case.

13. Holidays and Vacation

The Instructor will receive 10 working days paid vacation a year and all national holidays are observed and paid. Vacations can only be taken as scheduled by the school. All Korean national holidays, and those days designated by the School, are construed as non-working days. The instructor will have more classes when another foreigner gets vacation, it isn�t considered over time.
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poet13



Joined: 22 Jan 2006
Location: Just over there....throwing lemons.

PostPosted: Thu Nov 30, 2006 3:09 am    Post subject: Reply with quote

Hell no.

. Assigned Course and Salary:

Assigned Course: English
Monthly Salary: 2,100,000won
Number of Class-hours: 30 teaching hours per week
Number of Working-hours : 9 hours per day IS THIS A HAGWON OR A PUBLIC SCHOOL?
The School guarantees the Instructor the monthly salary as stated above, and the Instructor agrees to be available to teach all class hours offered by the School. If the Instructor cannot teach the required class hours due to his/her unavailability, the monthly salary guarantee will not apply, and it may be cause for termination of the contract. CRAP UNLESS THE EMPLOYEE IS EXCESSIVELY UNAVAILABLE. WHAT IF YOU HAVE A DOCTORS APPOINTMENT SOME MORNING?Overtime, working hours over and above the required 30 hours per week, will be paid at 18,000 won per hour. OT TOO LOW. Only teaching hours in excess of 30 hours per week and only those approved by the Academic Supervisor / Director are considered overtime. APPROVED? IF YOU WORK 'EM, YOU GET 'EM.Overtime will not include workshops, teachers� training sessions or any other events scheduled by the School as stated in Article 1 (2). AND ANY OTHER EVENTS? CRAP.

5. The Payment of Salary:

The initial pay scale of the Instructor is decided by the School on the basis of the Instructor�s educational background and experience.
The Instructor is paid on the payday every month without delay. WHAT IS THE PAYDAY? WITHIN FIVE BUSINESS DAYS OF THE BEGINNING OF THE MONTH?If the Instructor leaves the School and is subsequently rehired at a later date, the Instructor will be able to retain his/her pay-scale grade from the time of leaving if he/she has taught full-time at the School for a minimum of 12 consecutive months.
Income taxes will be deducted in accordance with Korean Tax Laws.
If the Instructor is absent from his/her class, proper payment (apply to 11(4)) is deducted. CRAP. THATS WHAT MAKEUP CLASSES ARE FOR.If the Instructor is late without reason, it counts as one day absent. CRAP.
If the instructor leaves early twice, it counts as one day absen CRAP. WHAT IF YOU ARE SICK?

11. Termination of the Contract:

If the School does not notify the Instructor of a renewal of the contract two months prior to the end of the employment period as stated in 3(1), then this contract is automatically terminated when the contract period ends. NOTIFY THE INSTRUCTOR? HOW ABOUT OFFER TO RENEW?
The Instructor may notify the School in writing two months in advance requesting to terminate the contract before the contract period ends
If the Instructor cannot fulfill the terms and conditions of the contract due to his/her own personal reasons The contract may be terminated. FAIR.If the Instructor is absent from classes three or more times or late for work five or more times, without giving prior notice, such absence or tardiness may be cause for early termination of the contract. If the Instructor is absent, 25,000 won per working hour is deducted from their salary. CRAP. THEY ARE ALREADY TAKING THE DAYS PAY AWAY AS STATED ABOVE. THIS MEANS THEY ARE TAKING MONEY FROM ANOTHER DAYS PAY. THAT'S DOUBLE JEOPARDY. DOUBLE CRAP.When the contract is terminated due to the conditions described in items (2), (3), and (4), the School reserves the right to terminate the contract and to take necessary legal action for any damages incurred due to early termination of the contract. In addition, the School is not responsible for severance pay nor air fee. If the Instructor is a foreign citizenship holder, School will notify the Ministry of Justice concerning the termination of employment and sponsorship for the work visa. PROVIDE A LETTER OF RELEASE.The School reserves the right to revoke this contract if the Instructor is found to be in breach of contract.
The School will notify the Instructor in writing if termination of the contract is deemed necessary





12. Instructor�s Absence

When the Instructor misses his/her classes because of unexpected illness, accidents, or other unavoidable reasons, he/she must notify School in writing within 2 days. And also the instructor can have 1 sick day. 1 SICK DAY? CRAP. MINIMUM 5 PER YEAR. A missed class without a proper notification will be considered as an absence. SO EVEN IF YOU PUKING YOUR GUTS OUT, YOU LOSE PAY. CRAP. The Article 5(5) and the Article 11(4) will be applied in this case.

13. Holidays and Vacation

The Instructor will receive 10 working days paid vacation a year and all national holidays are observed and paid. Vacations can only be taken as scheduled by the school. All Korean national holidays, and those days designated by the School, are construed as non-working days. The instructor will have more classes when another foreigner gets vacation, it isn�t considered over time. DOUBLE TRIPLE AND QUADRUPLE CRAP

WHAT ABOUT PENSION AND MEDICAL?
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poet13



Joined: 22 Jan 2006
Location: Just over there....throwing lemons.

PostPosted: Thu Nov 30, 2006 3:09 am    Post subject: Reply with quote

Sorry for all that shouting. Having a bad day.
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Satin



Joined: 26 Oct 2006
Location: Texas

PostPosted: Thu Nov 30, 2006 4:28 am    Post subject: Reply with quote

It's okay to yell: the contract is CRAP!
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alabamaman



Joined: 25 Apr 2006

PostPosted: Thu Nov 30, 2006 6:50 am    Post subject: Re: How does this sound to you? Reply with quote

neil-r wrote:
Thinkin' about signing this contract but there are a few clauses that I am concerned about. Any advice/suggestions/warnings? Shocked

Here's a partial copy of the contract.......

4. Assigned Course and Salary:

Assigned Course: English

Monthly Salary: 2,100,000won

Quote:
Number of Class-hours: 30 teaching hours per week
Number of Working-hours : 9 hours per day


Most teachers work 5 to 6 classes per day, Monday through Friday, classes 40 to 50 minutes in length, 100 to 120 classes per month, and are asked to prepare one hour before the first class throughout the contract term.



There's no contractual language defining:

the length of classes
working days
working hours


Your also entitled to a 1 hour "recess period" in accordance with Article 53 of the Labor Standards Act that you may use freely. Get it written in the labor contract.

Quote:
The School guarantees the Instructor the monthly salary as stated above, and the Instructor agrees to be available to teach all class hours offered by the School.


Contractual language such as "the Instructor agrees to be available to teach all class hours offered by the School" is indicative you will be working spliit shifts, and weekends.


Quote:
If the Instructor cannot teach the required class hours due to his/her unavailability, the monthly salary guarantee will not apply, and it may be cause for termination of the contract.


This clause doesn't constitute a justifiable reason(s). This clause should be omitted from the labor contract. Justifiable reason(s) reffer to breach of the Korean Penal Code, serious violations, and gross negligance.

Quote:
Overtime, working hours over and above the required 30 hours per week, will be paid at 18,000 won per hour. Only teaching hours in excess of 30 hours per week and only those approved by the Academic Supervisor / Director are considered overtime.


Overtime: 22,000 Korean Won per hour

There should also be contractual language that specifically states when you can earn overtime pay. You should be able to earn overtime pay on Saturdays as well as paid vacation days. Get this written in the labor contract. Korean Labor Laws clearly state the employer is required to pay added remuneration for extended works, night works, Sunday works, and public holiday works. This needs to be written in the labor contract. There should also be contractual language that states, "The employee can reject requests from the employer to work overtime."



Overtime will not include workshops, teachers� training sessions or any other events scheduled by the School as stated in Article 1 (2).

5. The Payment of Salary:

The initial pay scale of the Instructor is decided by the School on the basis of the Instructor�s educational background and experience.
The Instructor is paid on the payday every month without delay.


If the Instructor leaves the School and is subsequently rehired at a later date, the Instructor will be able to retain his/her pay-scale grade from the time of leaving if he/she has taught full-time at the School for a minimum of 12 consecutive months.


Income taxes will be deducted in accordance with Korean Tax Laws.
If the Instructor is absent from his/her class, proper payment (apply to 11

(4)) is deducted.
If the Instructor is late without reason, it counts as one day absent.
If the instructor leaves early twice, it counts as one day absen


11. Termination of the Contract:

If the School does not notify the Instructor of a renewal of the contract two months prior to the end of the employment period as stated in 3(1), then this contract is automatically terminated when the contract period ends.


The Instructor may notify the School in writing two months in advance requesting to terminate the contract before the contract period ends
If the Instructor cannot fulfill the terms and conditions of the contract due to his/her own personal reasons The contract may be terminated.


If the Instructor is absent from classes three or more times or late for work five or more times, without giving prior notice, such absence or tardiness may be cause for early termination of the contract. If the Instructor is absent, 25,000 won per working hour is deducted from their salary.
When the contract is terminated due to the conditions described in items (2), (3), and (4), the School reserves the right to terminate the contract and to take necessary legal action for any damages incurred due to early termination of the contract. In addition, the School is not responsible for severance pay nor air fee. If the Instructor is a foreign citizenship holder, School will notify the Ministry of Justice concerning the termination of employment and sponsorship for the work visa.
The School reserves the right to revoke this contract if the Instructor is found to be in breach of contract.
The School will notify the Instructor in writing if termination of the contract is deemed necessary





12. Instructor�s Absence

When the Instructor misses his/her classes because of unexpected illness, accidents, or other unavoidable reasons, he/she must notify School in writing within 2 days. And also the instructor can have 1 sick day. A missed class without a proper notification will be considered as an absence. The Article 5(5) and the Article 11(4) will be applied in this case.

13. Holidays and Vacation

The Instructor will receive 10 working days paid vacation a year and all national holidays are observed and paid. Vacations can only be taken as scheduled by the school. All Korean national holidays, and those days designated by the School, are construed as non-working days. The instructor will have more classes when another foreigner gets vacation, it isn�t considered over time.
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Roch



Joined: 24 Apr 2003
Location: Seoul

PostPosted: Thu Nov 30, 2006 8:53 am    Post subject: Reply with quote

Satin wrote:
It's okay to yell: the contract is CRAP!


Agreed/word.
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