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Nowhere Woman
Joined: 22 Nov 2006
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 Posted: Sun Nov 26, 2006 11:26 pm Post subject: Contract help wanted! |
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Hello,
I just received this contract, which is really just a shell contract from what I understand. The employer seems willing to add/negotiate. I was thinking about asking for the housing deposit clause to be removed. I would also like them to clarify the hourly break-down, as I can't seem to figure out how they are getting just 30 teaching hours per week (I'm getting 33). Any other suggestions or obvious red flags? Thanks a lot!!
Employment Contract For 1 Year, Full-Time
(Parties Concerned) This employment contract (the contract) is made between (the institute) and below-mentioned ESL (English as a second language) instructor (the instructor).
THE INSTITUTE
THE INSTRUCTOR
� Name:
� Nationality:
� Passport Number:
� Tel:
(The term of the contract) This contract will be effective from January 2, 2007 and remain in effect until January 1, 2008.
(Working hours)
The instructor will teach 120 hours per month from Monday through Friday.
The instructor�s working hours will be from 1:30 pm to 8:30 pm on Mondays, Wednesdays and Fridays and from 1:30 pm to 9:30 pm on Tuesdays and Thursdays.
During school vacation periods of Korea, the teaching hours may be different from those in the clause of 3.b) of the contract.
The instructor�s working hours include one hour class preparation time from 1:30 pm to 2:30 pm Monday through Friday.
(Instructor�s duties) The instructor is responsible for:
Understanding fully the contents of textbooks and related learning materials provided by the institute for all classes the instructor is in charge of
Teaching students
Examining homework assignments, taking quizzes, and other activities which are deemed by the institute good for improving students� English proficiencies
Preparing for monthly evaluation test materials and coordinating numerous teaching/learning projects in a diverse range of settings
Making monthly progress report cards for the students the instructor is in charge of and consulting with their parents about the results and implications thereof at the end of each month
(Payments)
The basic monthly salary will be KRW ___ million.
An overtime allowance of KRW 20,000 won per teaching hour (before income tax) will be paid for any teaching hours exceeding monthly teaching hours that are stipulated in the contract
Bonus payment of basic one month salary will be paid when the instructor finishes the contract.
(Fringe benefits)
(Housing) A monthly housing allowance of 400,000 won will be paid or a single furnished housing will be arranged for the teacher by the institute. When a single housing is arranged for the instructor, key money will be paid by the institute while utility expenses should be paid by the instructor. Safety deposit of KRW 250,000 for utility expenses will be deducted from the instructor�s first monthly salary. This deposit for utility expenses will be returned to the instructor at the end of the contract when the institute confirms that there are no overdue utility expenses.
(Medical Insurance) Fifty percent of medical insurance premium will be paid by the academy and the other fifty percent by the instructor.
(National Pension) Fifty percent of national pension premium will be paid by the academy and the other fifty percent by the instructor.
(Airfare) Air ticket fare to Korea will be reimbursed upon arrival. One-way air ticket for returning to home country will be provided to the instructor upon completion of the contract.
(Holidays and vacations)
The instructor will be off duty on all Korean national holidays. For the purpose of calculating overtime payments, no teaching hours will be counted for these national holidays.
The instructor can use a paid vacation of a total of 10 working days (five days in the summer vacation period and the other five days in the winter vacation period). Specific vacation periods will be designated by the academy.
The instructor can use five unpaid personal days. For these personal days, he/she should give the academy a notification at least two weeks in advance.
When the instructor uses these unpaid personal days, the following amount will be deducted from his/her monthly payments.
(number of personal days used / 20 days)?(basic monthly salary + housing allowances) when the instructor is off duty for the whole days
(hours of classes cancelled or replaced by other teachers)?(@25,000 per hour) when the instructor is off duty only for the part of the whole day
The instructor is not permitted to use those paid and unpaid vacation periods together at the same time, in a row.
(Instructor�s responsibility for good faith)
The instructor shall not be absent without notice in any case. Being absent without notice will constitute a valid reason for the academy to dismiss the instructor at any time, during the contract period.
Being late for classes three times a month will be regarded as one absence without notice.
The instructor�s duty will include not only teaching in the classroom but also curriculum development, textbook selections, daily quizzes, homework assignments, various evaluation tests, report card preparation, parents teachers meetings and any other curricular activities requested by the institute.
The instructor should take the good lead during classes so that all the students focus on learning. But in any case, the instructor is not allowed to use any physical strength.
The instructor should follow the dress code required by the institute.
Instructors shall act with integrity, competence, dignity, and in an ethical manner to reflect a good reputation on the academy.
(Institute�s right for dismissal) The institute has the right to dismiss instructors at any time, during the contract period, when the instructor fails to attend faithfully to his/her duties as stipulated in the contract. Air fares, visa processing fees, housing key money, and any other expenses, which have been incurred for the instructor�s employment should be reimbursed by the instructor in case of not being able to complete the contract because of his/her faults. |
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alffy
Joined: 25 Apr 2006
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| Posted: Mon Nov 27, 2006 12:39 am Post subject: |
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I preface this with the declaration that I am not currently teaching in Korea, but have been reading and following contracts for quite a while to prepare for my future negotiations. So:
The 120 "working hours" per month should be explicit- what's a "working hour?" 45 minutes? 50 minutes? or do they combine classes such that two 30 minute classes equal one hour?
You left off the monthly wage, but the OT seems the going rate, except- I would have it rated weekly, not monthly. Also, make it optional for the teacher (they may try to force you anyway, but at least you can refuse based on the contractual agreement).
I'd take the free housing (personal preference here), and I could also live with the $250US deposit (others will argue you shouldn't have any- your call to argue).
Medical and pension should be explicit- get them to state it in the contract (also make sure they say the National Health Insurance plan).
Where's the tax? Make sure they explicitly follow the law (2 mil ~ 1.9% or so- it's in a sticky, I believe).
The "absent without notice" clause seems a bit harsh. It leaves open a lot of room for them to dispose of you for invalid reasons (if you're in an accident and end up at the hospital without notifying them first, they could use that as an excuse to fire you). Not a big deal to me, but pick your own battles.
Get the "dress code" specified in writing beforehand.
The termination clause seems a bit harsh- no warnings, no notice, simply axe you at any time for you "fail[ing] to attend faithfully to [your] duties as stipulated in the contract." Does that mean you can be fired for not wearing a tie one day?
Finally, airfare should only be reimbursed in the first 6 months, screw the "visa processing fees" and the housing money, and definately get rid of the "any other expences" language (aside from recruiters' fees they may try to claim bus or taxi fares as well as hotel costs, etc. from your move to Korea- basically it seems an excuse to steal your last paycheck, not that they need an excuse).
Oh, one last point: if you go for the free housing get them to put in writing everything you want- appliances, A/C, bedding, etc., check the stickys, they have a lot of good info on what to ask for.
Hope this helps- remember to take what I say with a grain of salt (I'm sitting in Wisconsin drinking gin right now, so what do I know?).
That said, I like the initial feel of the contract and would try to work to get it around to something I could live with. |
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Nambucaveman
Joined: 03 Aug 2006
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Satin
Joined: 26 Oct 2006
Location: Texas
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| Posted: Mon Nov 27, 2006 3:53 am Post subject: |
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Much the same as previous post.
An overtime allowance of KRW 20,000 won
Okay if your salary is 2.0; more if not.
Safety deposit of KRW 250,000 for utility expenses will be deducted from the instructor�s first monthly salary. This deposit for utility expenses will be returned to the instructor at the end of the contract when the institute confirms that there are no overdue utility expenses.
Okay if you agree to it. However, ask for more specific time frame for your refund. You could reword it so you can have it returned before you leave. Check the contract posting thread for ideas.
(Medical Insurance) Fifty percent of medical insurance premium will be paid by the academy and the other fifty percent by the instructor.
(National Pension) Fifty percent of national pension premium will be paid by the academy and the other fifty percent by the instructor.
Need to insert the actual percentages.
The instructor will be off duty on all Korean national holidays. For the purpose of calculating overtime payments, no teaching hours will be counted for these national holidays.
These are paid holidays and should be counted. If not, they can add a few classes to make up for the holiday and you won't be paid for them.
When the instructor uses these unpaid personal days, the following amount will be deducted from his/her monthly payments.
(number of personal days used / 20 days)?(basic monthly salary + housing allowances) when the instructor is off duty for the whole days
Understand and okay with deduction for each day you are on unpaid leave, but there is no way I'd accept the deduction for housing.
(Institute�s right for dismissal) The institute has the right to dismiss instructors at any time, during the contract period, when the instructor fails to attend faithfully to his/her duties as stipulated in the contract. Air fares, visa processing fees, housing key money, and any other expenses, which have been incurred for the instructor�s employment should be reimbursed by the instructor in case of not being able to complete the contract because of his/her faults.
Must follow the Korean law for dismissal (again in contract thread). Six months on airfare reimbursement. The rest is a no, no. The key money is returned to the institute through other means (they will probably sublet the apartment) -- not your responsibility. Other expenses? Maybe utilities - that is why you need to bargain and write that part in the contract.
The contract has potential. Be sure to protect yourself. Good luck![/b] |
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alabamaman
Joined: 25 Apr 2006
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| Posted: Mon Nov 27, 2006 6:49 am Post subject: |
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Employment Contract For 1 Year, Full-Time
(Parties Concerned) This employment contract (the contract) is made between (the institute) and below-mentioned ESL (English as a second language) instructor (the instructor).
THE INSTITUTE
THE INSTRUCTOR
� Name:
� Nationality:
� Passport Number:
� Tel:
(The term of the contract) This contract will be effective from January 2, 2007 and remain in effect until January 1, 2008.
(Working hours)
| Quote: |
| The instructor will teach 120 hours per month from Monday through Friday. The instructor�s working hours will be from 1:30 pm to 8:30 pm on Mondays, Wednesdays and Fridays and from 1:30 pm to 9:30 pm on Tuesdays and Thursdays. |
A majority of teachers work 6 classes per day, 1 preparation hour per day, and scheduled to teach 120 classes per month. They are at the school for a total of 7 hours per day. You're scheduled to work at the school for 7 hours on Mondays, Wednesdays, and Fridays. You also have to come in 1 hour early for preparation. You will be at the school for 8 hours on those three days. That's a total of 24 hours for those three days. You're scheduled to work at the school for 8 hours on Tuesdays and Thursdays. Don't forget to add the additional hour of preparation time. That's a total of 18 hours for those two days. You'll be at the school for a total of 42 hours per week! If you�re scheduled to work more than 120 classroom hours, then it�s time to look elsewhere for employment.
There should be contractual language stating how long each class is.
In addition, there should also be contractual language stating the ages you will be teaching.
You're entitled to a 1 one "recess period" per Article 53 of the Labor Standards Act that you may use freely.
| Quote: |
| During school vacation periods of Korea, the teaching hours may be different from those in the clause of 3.b) of the contract. |
There should be contractual language that clearly defines the scedule when you work during school vacation.
The instructor�s working hours include one hour class preparation time from 1:30 pm to 2:30 pm Monday through Friday.
(Instructor�s duties) The instructor is responsible for:
Understanding fully the contents of textbooks and related learning materials provided by the institute for all classes the instructor is in charge of Teaching students Examining homework assignments,
| Quote: |
| taking quizzes, and other activities which are deemed by the institute good for improving students� English proficiencies |
Taking quizzes: Change to adminiserting quizzes, When are you expected to give the quizzes, and who do submit the scores to? Do you write the quizzes up yourself? Which classes will you have to administer the quizzes to?
| Quote: |
| Preparing for monthly evaluation test materials and coordinating |
Monthly evaluation test materials should be clearly defined in this labor contract.
| Quote: |
| numerous teaching/learning projects in a diverse range of settingsm. |
What sort of teaching projects are they referring to? What does a project consist of? What are the starting dates for the projects? How many projects do they expect you to complete? Are you working on the projects for the whole school, parents, or just your classes worked?
| Quote: |
| Making monthly progress report cards for the students the instructor is in |
What dates are the report cards due on? How many classes are you expected to write report cards for? Who do you submit the report cards to?
charge of and consulting with their parents about the results and implications thereof at the end of each month
Never agree to this, because this is your director's responsibility! This isn't realistic due to the language barrier unless you're fluent in Korean.
| Quote: |
(Payments)
The basic monthly salary will be KRW ___ million.
An overtime allowance of KRW 20,000 won per teaching hour (before income tax) will be paid for any teaching hours exceeding monthly teaching hours that are stipulated in the contract
Bonus payment of basic one month salary will be paid when the instructor finishes the contract. |
There should've been a monthly salary written in the contract unless you chose to exclude it from the labor contract.
There should be contractual language stating how long each overtime class is, and when you can be paid overtime. A number of employers haven't paid overtime for hours worked on weekends and during paid vacation. Get that written in your labor contract.
Remember that your employer has to pay you for extended works, night works, hours worked on Sunday, or hours worked on public holidays.
Article 55 (Extended Work, Night Work and Holiday Work)
An employer shall pay additional remuneration of more than fifty percentage points of normal remuneration for extended works (extended works as set forth in the provisions of Articles 52 and 58, and the proviso of Article 67) and night works (works provided from 10 p.m. to 6 a.m.), Sunday or public holiday works.
It wouldn't hurt to have contractual language stating, "The employee can reject requests from the employer to work teaching hours or participate in work related activities for an overtime allowances without punitive measure(s) from the employer.�
(Fringe benefits)
(Housing) A monthly housing allowance of 400,000 won will be paid or a single furnished housing will be arranged for the teacher by the institute. When a single housing is arranged for the instructor, key money will be paid by the institute while utility expenses should be paid by the instructor. Safety deposit of KRW 250,000 for utility expenses will be deducted from the instructor�s first monthly salary. This deposit for utility expenses will be returned to the instructor at the end of the contract when the institute confirms that there are no overdue utility expenses.
(Medical Insurance) Fifty percent of medical insurance premium will be paid by the academy and the other fifty percent by the instructor.
(National Pension) Fifty percent of national pension premium will be paid by the academy and the other fifty percent by the instructor.
(Airfare) Air ticket fare to Korea will be reimbursed upon arrival. One-way air ticket for returning to home country will be provided to the instructor upon completion of the contract.
| Quote: |
(Holidays and vacations)
The instructor will be off duty on all Korean national holidays. For the purpose of calculating overtime payments, no teaching hours will be counted for these national holidays. |
The instructor can use a paid vacation of a total of 10 working days (five days in the summer vacation period and the other five days in the winter vacation period).
Specific vacation periods will be designated by the academy.
The instructor can use five unpaid personal days.
| Quote: |
| For these personal days, he/she should give the academy a notification at least two weeks in advance. |
Wrtitten notice
| Quote: |
When the instructor uses these unpaid personal days, the following amount will be deducted from his/her monthly payments.
(number of personal days used / 20 days)?(basic monthly salary + housing allowances) when the instructor is off duty for the whole days
(hours of classes cancelled or replaced by other teachers)?(@25,000 per hour) when the instructor is off duty only for the part of the whole day
The instructor is not permitted to use those paid and unpaid vacation periods together at the same time, in a row. |
3 -5 paid sick days: Don't accept less than three.
5 days of unpaid emergency leave that's unpaid. You would use emergency leave if one of your family members died, and loose 175,000 Korean Won - 200,000 Korean Won per day! Don't settle for this deduction.
(Instructor�s responsibility for good faith)
[quote]The instructor shall not be absent without notice in any case. Being absent without notice will constitute a valid reason for the academy to dismiss the instructor at any time, during the contract period.
Being late for classes three times a month will be regarded as one absence without notice.
The instructor�s duty will include not only teaching in the classroom but also curriculum development, textbook selections, daily quizzes, homework assignments, various evaluation tests, report card preparation, parents teachers meetings and any other curricular activities requested by the institute.
The instructor should take the good lead during classes so that all the students focus on learning. But in any case, the instructor is not allowed to use any physical strength.
The instructor should follow the dress code required by the institute.
Instructors shall act with integrity, competence, dignity, and in an ethical manner to reflect a good reputation on the academy.
(Institute�s right for dismissal) The institute has the right to dismiss instructors at any time, during the contract period, when the instructor fails to attend faithfully to his/her duties as stipulated in the contract. Air fares, visa processing fees, housing key money, and any other expenses, which have been incurred for the instructor�s employment should be reimbursed by the instructor in case of not being able to complete the contract because of his/her faults. |
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Nowhere Woman
Joined: 22 Nov 2006
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| Posted: Tue Nov 28, 2006 6:11 pm Post subject: |
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| This is all extremely helpful. Thanks very much to all of you! |
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