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Whistleblower
Joined: 03 Feb 2007
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 Posted: Fri Mar 09, 2007 7:13 pm Post subject: Is this legal? |
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Hey I'm gonna start a new job soon but the contract has not been signed by both parties so is not legally binding yet. I am just waiting for the t's to be ticked and the i's to be crossed.
Anyways, I have a part of my contract which sounds illegal. The employer having the authority to force to the employee to work OT. Is that legal?
| Quote: |
Contract:
2.1 During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer. The minimum teaching requirement is 100 teaching hours (teaching hours are an accumulation of the minutes, 1 hour equals 60min, of actual in class teaching) per monthly session Monday through Friday are teaching days except for scheduled public holidays and vacation days.
Required administrative duties connected with classes.
a. Instruction in and all phases of the Institute�s program to classes that range from the preschool to elementary school students.
b. Out of classroom activities for /with students.
c. Grading and evaluation of students.
d. Students counseling or evaluation.
e. Phone test for students.
f. Attendance at teacher�s meetings and workshops.
g. Other related activities.
2.2 The employer will have the authority to require employee to perform teaching duties in excess of the minimum teaching requirement, such excess being no more than 20 hours per session. Total classes taught in excess of the minimum requirement are calculated on a monthly basis. Payment is made at the rate of 20.000 Won / teaching hour.
2.3 No regular schedule of working hours can be guaranteed to employee. Payment made for assigned classes is inclusive of payment for preparation and administrative duties connected with those assigned classes. Employee agrees to attend meetings and training workshops scheduled by employer. The purpose of meetings and workshops is to inform employee of matters relating to employee's duties and the institute's operation, or to assist in employee's professional development. No payment in excess of or in addition to employee's monthly salary will be made for attending meetings or workshops scheduled by employer.
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Help would be appreciated in sorting this contract out with the employers. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Mar 09, 2007 7:23 pm Post subject: Re: Is this legal? |
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| Whistleblower wrote: |
Hey I'm gonna start a new job soon but the contract has not been signed by both parties so is not legally binding yet. I am just waiting for the t's to be ticked and the i's to be crossed.
Anyways, I have a part of my contract which sounds illegal. The employer having the authority to force to the employee to work OT. Is that legal?
| Quote: |
Contract:
2.1 During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer. The minimum teaching requirement is 100 teaching hours (teaching hours are an accumulation of the minutes, 1 hour equals 60min, of actual in class teaching) per monthly session Monday through Friday are teaching days except for scheduled public holidays and vacation days.
Required administrative duties connected with classes.
a. Instruction in and all phases of the Institute�s program to classes that range from the preschool to elementary school students.
b. Out of classroom activities for /with students.
c. Grading and evaluation of students.
d. Students counseling or evaluation.
e. Phone test for students.
f. Attendance at teacher�s meetings and workshops.
g. Other related activities.
2.2 The employer will have the authority to require employee to perform teaching duties in excess of the minimum teaching requirement, such excess being no more than 20 hours per session. Total classes taught in excess of the minimum requirement are calculated on a monthly basis. Payment is made at the rate of 20.000 Won / teaching hour.
2.3 No regular schedule of working hours can be guaranteed to employee. Payment made for assigned classes is inclusive of payment for preparation and administrative duties connected with those assigned classes. Employee agrees to attend meetings and training workshops scheduled by employer. The purpose of meetings and workshops is to inform employee of matters relating to employee's duties and the institute's operation, or to assist in employee's professional development. No payment in excess of or in addition to employee's monthly salary will be made for attending meetings or workshops scheduled by employer.
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Help would be appreciated in sorting this contract out with the employers. |
Forced overtime is NOT legal but is common in hakwons.
This contract is for a *beep* load of work.
6000 contact minutes per month but with kindy classes means that you will work close to 150 classes per month for the same money as the next hakwon monkey doing 120 and a public school teacher doing 90.
Run, don't walk to the nearest exit and find a new offer. |
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lover.asian
Joined: 30 Jan 2006
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| Posted: Fri Mar 09, 2007 7:29 pm Post subject: Re: Is this legal? |
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| Whistleblower wrote: |
| Quote: |
Contract:
2.1 During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer. The minimum teaching requirement is 100 teaching hours (teaching hours are an accumulation of the minutes, 1 hour equals 60min, of actual in class teaching) per monthly session Monday through Friday are teaching days except for scheduled public holidays and vacation days.
Required administrative duties connected with classes.
a. Instruction in and all phases of the Institute�s program to classes that range from the preschool to elementary school students.
b. Out of classroom activities for /with students.
c. Grading and evaluation of students.
d. Students counseling or evaluation.
e. Phone test for students.
f. Attendance at teacher�s meetings and workshops.
g. Other related activities.
2.2 The employer will have the authority to require employee to perform teaching duties in excess of the minimum teaching requirement, such excess being no more than 20 hours per session. Total classes taught in excess of the minimum requirement are calculated on a monthly basis. Payment is made at the rate of 20.000 Won / teaching hour.
2.3 No regular schedule of working hours can be guaranteed to employee. Payment made for assigned classes is inclusive of payment for preparation and administrative duties connected with those assigned classes. Employee agrees to attend meetings and training workshops scheduled by employer. The purpose of meetings and workshops is to inform employee of matters relating to employee's duties and the institute's operation, or to assist in employee's professional development. No payment in excess of or in addition to employee's monthly salary will be made for attending meetings or workshops scheduled by employer.
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Help would be appreciated in sorting this contract out with the employers. |
Truly, one of the worst contracts I've ever seen.
I can't believe anyone would even contemplate signing that. I would love to see this contract in its entirety. |
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cruisemonkey
Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.
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Whistleblower
Joined: 03 Feb 2007
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| Posted: Fri Mar 09, 2007 8:11 pm Post subject: |
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Please feel free to improve.
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Employer and employee agree as follows;
1. Employee accepts employment from employer to teach the English language under the terms and condition set forth here in the agreement for a period of twelve full and consecutive teaching sessions. Employment commences on the first day of orientation ( 3.19.2007) and finishes on the last teaching day of the last teaching session(twelfth teaching session 3.18. 2008) covered under this agreement.
2. Duties
2.1 During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer. The minimum teaching requirement is 100 teaching hours (teaching hours are an accumulation of the minutes, 1 hour equals 60min, of actual in class teaching) per monthly session Monday through Friday are teaching days except for scheduled public holidays and vacation days.
Required administrative duties connected with classes.
a. Instruction in and all phases of the Institute�s program to classes that range from the preschool to elementary school students.
b. Out of classroom activities for /with students.
c. Grading and evaluation of students.
d. Students counseling or evaluation.
e. Phone test for students.
f. Attendance at teacher�s meetings and workshops.
g. Other related activities.
2.2 The employer will have the authority to require employee to perform teaching duties in excess of the minimum teaching requirement, such excess being no more than 20 hours per session. Total classes taught in excess of the minimum requirement are calculated on a monthly basis. Payment is made at the rate of 20.000 Won / teaching hour.
2.3 No regular schedule of working hours can be guaranteed to employee. Payment made for assigned classes is inclusive of payment for preparation and administrative duties connected with those assigned classes. Employee agrees to attend meetings and training workshops scheduled by employer. The purpose of meetings and workshops is to inform employee of matters relating to employee's duties and the institute's operation, or to assist in employee's professional development. No payment in excess of or in addition to employee's monthly salary will be made for attending meetings or workshops scheduled by employer.
2.4 Employee may attend TA Course training or workshop which are scheduled by employer. In that case, employer will pay extra transportation fees other than regular route.
2.5 At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.
2.6 When employee misses a class for personal reason, 20,000 Won per class missed will be deducted from salary.
3. Compensation
3.1 Salary: Except for the period of orientation and training, employer will pay employee for the minimum teaching requirement the amount of 2,300,000 Won for each session of this agreement. Payment for extra teaching class is made at the rate of 20,000 Won / class. Total gross monthly earnings for the minimum teaching requirement is 2,300,000 Won/session. Teaching salary will commence from the first day of teaching. Korean income taxes and Korean National Pension Scheme deductions will be withheld. Monthly salary payments will be made on or before the 14th day of the month following the month during which the employment services were provided.
3.2 Orientation and Training: After arrival in Korea, teachers may be allowed a few days for adjustment and school preparation before beginning regular teaching duties. The orientation period will be spent in the Institute preparing for classes and learning the instructional system.
3.3 Severance Payment: Dependent upon completion of at least one full year (twelve sessions) of employment with employer, employee will be given, exclusive of monthly salary payments, an additional 1/12(one twelfth) of one month�s total earnings for each month of employment since commencement of employment with employer. Korean severance tax will be withheld. This payment is made at the time of termination of employment, including any classes subsequent to that covered under this agreement.
4. Transportation
4.1 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an international airport which is mutually agreed to by employer and employee (henceforth referred to as point of departure). On completion of the full contract period, employer will provide for the employee an economy class ticket for passage from Korea to point of departure. The return air ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment agreement with employer; the return air ticket will be provided at the time of completion of the subsequent contract period(s). Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets which are not used by employee.
5. Housing
5.1 Employer will select and provide furnished living accommodations for employee. Apartments with two bedrooms are shared by two employees. Apartments with at least three bedrooms may be shared by three employees. (Single housing is possible as well) Each employee will have a private bedroom and will share a kitchen and bathroom. Furnishings will include a table, chairs, a two-burner gas hot plate, a refrigerator, a telephone, a television, and a washing machine. Furnishings provided to each employee include: A bed, a wardrobe, and a fan.
5.2 The cost of monthly services, utilities, and telephone charges for accommodation provided by employer will be shared by the employees sharing an accommodation. During any period of sole occupancy employee will be responsible for the cost of all monthly services, utilities and telephone charges.
5.3 Deposit
For the six months, the Employer will collect 100,000won per month deposit for utilities and phone charges even if the teacher pays these charges each month. This deposit will be refunded one months after the completion of this contract.
5.4 Employee is responsible for housing management. Excluding the problems attributed to the age of the provided accommodations, employee has to maintain the accommodation as it was when originally provided to employee. Employee may ask employer the procedure or the method to do that.
5.5 There is no other facility except the things on the contract. The extra things employee may need later are considered as expendable ones and it has to be paid by employee.
All the equipments that employee buy have to be terminated by employee's expense
when the contract is completed.(such as internet & cable TV connection)
5.6 Employee has to maintain the living accommodations clean for the next residents.
5.7 일녀계약완료시는 이사비용은 회사에서 지불한다.
6. Holidays and Vacation
6.1 Employee will be entitled to observe public holidays and receive vacation days during the contract term according to the yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are at least 10 days vacation and National holidays in each calendar year(January to December).
6.2 Absence from Duties: Salary is not maintained when employee is absent from teaching duties.
6.3 Emergency Leave: Employee will be eligible to receive up to six (6) days of paid emergency leave in the event of death or serious illness in employee's immediate family,
only when all necessary documents are provided.
Such emergency leave will be granted at the sole discretion of employer.
7. Medical Insurance: Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The costs of this coverage will be borne half by employer and half by employee. Payment will be made by monthly deduction from employee's salary.
8. Accident Compensation: In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.
9. Dismissals or Voluntary Resignation
9.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity.
9.2 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term or this agreement, employer will pay salary due up to the date of termination. Employer will not pay the cost of return transportation to point of departure for employee, nor will employer pay any severance payment. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of relocation allowance given on arrival in Korea and the cost of air fare provided for travel to Korea. (In case of voluntary resignation, employee must announce his/her resignation to employer before 2 months.)
9.3 In the case employee breaks the working code or covenants, employer can dismiss employee.
10. Covenants
10.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer.
To undertake such employment is a breach of Korean Immigration law and can have serious consequences.
10.2 The employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer.
11. Jurisdiction: This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement.
12. Others
12.1 This contract states only basic regulations of working conditions and each clause should be recognized as a general rule. Thus, employee should follow the conditions of all items according to the attached regulations. The attached regulations may vary according to each situation.
12.2 While working at school, employee should behave according to Korean courtesy and culture and should try to maintain an open and positive attitude.
Employer and employee have executed this agreement on the date indicated below.
Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Mar 09, 2007 8:18 pm Post subject: |
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| Whistleblower wrote: |
| Please feel free to improve. EDITED FOR BREVITY |
Please feel free to ignore at your own peril.
Run, don't walk to the nearest exit and find a new offer.
There is no improving this one. You will be an indentured servant for a year at the whim of the director.
10,000 job offers out there. Why pizz with this one? |
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dmbfan
Joined: 09 Mar 2006
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| Posted: Fri Mar 09, 2007 8:23 pm Post subject: |
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| Quote: |
Employer and employee agree as follows;
1. Employee accepts employment from employer to teach the English language under the terms and condition set forth here in the agreement for a period of twelve full and consecutive teaching sessions. Employment commences on the first day of orientation ( 3.19.2007) and finishes on the last teaching day of the last teaching session(twelfth teaching session 3.18. 2008) covered under this agreement. Make sure you get paid for orientation......
2. Duties
2.1 During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer (as STATED IN THE CONTRACT). The minimum (MINIMUM?! What is the MAXIMUM) teaching requirement is 100 teaching hours (teaching hours are an accumulation of the minutes, 1 hour equals 60min, of actual in class teaching...........LOL! NO WAY...........) per monthly session Monday through Friday are teaching days except for scheduled public holidays and vacation days.
Required administrative duties connected with classes.
a. Instruction in and all phases of the Institute�s program to classes that range from the preschool to elementary school students.
b. Out of classroom activities for /with students. (LOL!)
c. Grading and evaluation of students.
d. Students counseling or evaluation.
e. Phone test for students. (LOL!)
f. Attendance at teacher�s meetings and workshops.
g. Other related activities. (LOL!)
2.2 The employer will have the authority to require employee to perform teaching duties in excess of the minimum teaching requirement, such excess being no more than 20 hours per session (LOL!). Total classes taught in excess of the minimum requirement are calculated on a monthly basis. Payment is made at the rate of 20.000 Won / teaching hour.
2.3 No regular schedule of working hours can be guaranteed to employee(LOL!). Payment made for assigned classes is inclusive of payment for preparation and administrative duties connected with those assigned classes. Employee agrees to attend meetings and training workshops scheduled by employer. The purpose of meetings and workshops is to inform employee of matters relating to employee's duties and the institute's operation, or to assist in employee's professional development. No payment in excess of or in addition to employee's monthly salary will be made for attending meetings or workshops scheduled by employer.
2.4 Employee may attend TA Course training or workshop which are scheduled by employer. In that case, employer will pay extra transportation fees other than regular route.
2.5 At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.
2.6 When employee misses a class for personal reason, 20,000 Won per class missed will be deducted from salary. (LOL!)
3. Compensation
3.1 Salary: Except for the period of orientation and training, employer will pay employee for the minimum teaching requirement the amount of 2,300,000 Won for each session of this agreement.(RIP OFF!) Payment for extra teaching class is made at the rate of 20,000 Won / class(SHOULD BE 1% OF THE MONTHLY SALARY). Total gross monthly earnings for the minimum teaching requirement is 2,300,000 Won/session. Teaching salary will commence from the first day of teaching. Korean income taxes and Korean National Pension Scheme deductions will be withheld. Monthly salary payments will be made on or before the 14th day of the month following the month during which the employment services were provided.
3.2 Orientation and Training: After arrival in Korea, teachers may ("MAY" BE ALLLOWED.....?) be allowed a few days for adjustment and school preparation before beginning regular teaching duties. The orientation period will be spent in the Institute preparing for classes and learning the instructional system.(YEAH, WE HAVE ALL HEARD THAT LINE BEFORE)
3.3 Severance Payment: Dependent upon completion of at least one full year (twelve sessions) of employment with employer, employee will be given, exclusive of monthly salary payments, an additional 1/12(one twelfth) of one month�s total earnings for each month of employment since commencement of employment with employer. Korean severance tax will be withheld ("SERERANCE TAX? That is a new one). This payment is made at the time of termination of employment, including any classes subsequent to that covered under this agreement.
4. Transportation
4.1 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an international airport which is mutually agreed to by employer and employee (henceforth referred to as point of departure). On completion of the full contract period, employer will provide for the employee an economy class ticket for passage from Korea to point of departure. The return air ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment agreement with employer; the return air ticket will be provided at the time of completion of the subsequent contract period(s). Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets which are not used by employee.
5. Housing
5.1 Employer will select and provide furnished living accommodations for employee. Apartments with two bedrooms are shared by two employees. Apartments with at least three bedrooms may be shared by three employees. (Single housing is possible as well) Each employee will have a private bedroom and will share a kitchen and bathroom. Furnishings will include a table, chairs, a two-burner gas hot plate, a refrigerator, a telephone, a television, and a washing machine. Furnishings provided to each employee include: A bed, a wardrobe, and a fan. (No AC?)
5.2 The cost of monthly services, utilities, and telephone charges for accommodation provided by employer will be shared by the employees sharing an accommodation. During any period of sole occupancy employee will be responsible for the cost of all monthly services, utilities and telephone charges.
5.3 Deposit
For the six months, the Employer will collect 100,000won per month deposit for utilities and phone charges even if the teacher pays these charges each month. This deposit will be refunded one months after the completion of this contract. (SIX MONTHS?! This clause is not even legal.............unless you sign it)
5.4 Employee is responsible for housing management. Excluding the problems attributed to the age of the provided accommodations, employee has to maintain the accommodation as it was when originally provided to employee. Employee may ask employer the procedure or the method to do that.
5.5 There is no other facility except the things on the contract. The extra things employee may need later are considered as expendable ones and it has to be paid by employee.
All the equipments that employee buy have to be terminated by employee's expense
when the contract is completed.(such as internet & cable TV connection)
5.6 Employee has to maintain the living accommodations clean for the next residents.
5.7 일녀계약완료시는 이사비용은 회사에서 지불한다.
6. Holidays and Vacation
6.1 Employee will be entitled to observe public holidays and receive vacation days during the contract term according to the yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are at least 10 days vacation and National holidays in each calendar year(January to December).
6.2 Absence from Duties: Salary is not maintained when employee is absent from teaching duties.
6.3 Emergency Leave: Employee will be eligible to receive up to six (6) days of paid emergency leave in the event of death or serious illness in employee's immediate family,
only when all necessary documents are provided.
Such emergency leave will be granted at the sole discretion of employer.
7. Medical Insurance: Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The costs of this coverage will be borne half by employer and half by employee. Payment will be made by monthly deduction from employee's salary.
8. Accident Compensation: In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.
9. Dismissals or Voluntary Resignation
9.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity.
9.2 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term or this agreement, employer will pay salary due up to the date of termination. Employer will not pay the cost of return transportation to point of departure for employee, nor will employer pay any severance payment. Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of relocation allowance given on arrival in Korea and the cost of air fare provided for travel to Korea. (In case of voluntary resignation, employee must announce his/her resignation to employer before 2 months.)
9.3 In the case employee breaks the working code or covenants, employer can dismiss employee.
10. Covenants
10.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer.
To undertake such employment is a breach of Korean Immigration law and can have serious consequences.
10.2 The employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer.
11. Jurisdiction: This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement.
12. Others
12.1 This contract states only basic regulations of working conditions and each clause should be recognized as a general rule. Thus, employee should follow the conditions of all items according to the attached regulations. The attached regulations may vary according to each situation.
12.2 While working at school, employee should behave according to Korean courtesy (LOL! OH My Lord!!!!!!!! KOREAN COURTESY?!?) and culture and should try to maintain an open and positive attitude.
Employer and employee have executed this agreement on the date indicated below.
Intending to be legally bound to, and in witness of, employer and employee have appended their signatures. |
Op.............Do not, I repeat.............DO NOT SIGN THIS CONTRACT!!!!!!
dmbfan |
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lover.asian
Joined: 30 Jan 2006
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| Posted: Fri Mar 09, 2007 9:12 pm Post subject: |
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5.3 Deposit
For the six months, the Employer will collect 100,000won per month deposit for utilities and phone charges even if the teacher pays these charges each month. This deposit will be refunded one months after the completion of this contract. |
Somehow I knew this would be in the contract. 
What is even more of a howl, you have to wait "one months [sic]" for the "deposit" to be "refunded". |
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Whistleblower
Joined: 03 Feb 2007
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| Posted: Fri Mar 09, 2007 9:56 pm Post subject: |
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The thing is this school is regarded as one of the best in Korea. They have 7 native teachers there and I love the school. They would like me to start work asap. So, unfortunately I have, in your opinion, signed this contract.
Wish me luck. |
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hari seldon
Joined: 05 Dec 2004
Location: Incheon
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| Posted: Fri Mar 09, 2007 10:10 pm Post subject: |
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| Whistleblower wrote: |
The thing is this school is regarded as one of the best in Korea. They have 7 native teachers there and I love the school. They would like me to start work asap. So, unfortunately I have, in your opinion, signed this contract.
Wish me luck. |
If you don't have an E-2 visa, you can walk away. |
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poet13
Joined: 22 Jan 2006
Location: Just over there....throwing lemons.
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| Posted: Fri Mar 09, 2007 10:46 pm Post subject: |
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HOLY GAWWD!!! What an awful contract!! Contact hours suck major monkey butt. Shared housing? Not providing a ticket or cash equivalent if you re-sign? Out of class activities? WTF is that supposed to mean? Play soccer with them on your saturday off? OT at 20k? Orientation?....means free work.... Deposit? I don't think so. And, to be returned one month after completing the contract? Yeah, right, like NEVER!!! Vacation. Pretty sneaky. Says there are at least 10 vacation and national holidays a year. So if there are eight national holidays, does that mean you get 2 vacation days? SChedule provided by employer? One day here, one day there.....
Emergancy at SOLE discretion of employer??? "I'm sorry your mother died, but you can't leave. Now if it was your father....."
Korean courtesy? Read. If you are a man, you may spit and piss where you like. Vomiting after drinking is encouraged.
OP, this contract is well and truly FOCKED!
If you go ahead and sign on, please DO NOT come back later whining that you're being abused and asking for advice how to get out of it...
If you do try and walk away now, and they give you a hard time, I would suggest doing the following. Stop bathing NOW. Do not shave. Exercise a lot. No teeth brushing either. Go in on Monday or Tuesday to meet them. While speaking and looking directly at them, pick your nose. Go on, get right in there. Minimum second knuckle. Examine findings. Wipe your finger in your armpit. Sniff finger. If they still want you, ask if there are any gay bars near your apartment. If that still doesn't work, I'll buy you a beer.
Good luck. |
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Whistleblower
Joined: 03 Feb 2007
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| Posted: Fri Mar 09, 2007 11:08 pm Post subject: Had you there! |
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Nah, I didn't sign that contract. In fact they wanted me to but I said I shall read it in bed and shall request some ammendments. Lucky I have a Korean wife. Housing for me and missus sorted. Relocation allowance sorted (in Korea at the mo). Teaching hours sorted. OT sorted and ofcourse the holidays sorted.
I am not that crazy. In fact they were a nice school and had some experienced teachers but I went there with all guns blazing asking for some pretty crazy stuff and they agreed.
Now I hope that this school is want I am looking for. I am gonna set up a Teaching Development Programme for natives and head this to ask for things that teachers feel are lacking in the school (supplies, materials, etc).
I am pro. They were real angry when I walked out and said I shall get back to you with the contract in hand. It just took one phone call from the wife saying "ain't it normal behaviour to read a contract before signing?". There was dead silence for about a minute.
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poet13
Joined: 22 Jan 2006
Location: Just over there....throwing lemons.
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| Posted: Fri Mar 09, 2007 11:38 pm Post subject: |
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Ah, ok. Well, we didn't know any of that before. So you're not on an E-2 then either I would guess. From the little I know, that makes your life a whole lot easier.
When you get a final contract signed...post it here and let us have a look and see what you were able to change/get....
Good luck. |
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alabamaman
Joined: 25 Apr 2006
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| Posted: Sat Mar 10, 2007 12:23 am Post subject: |
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| 1. Employee accepts employment from employer to teach the English language under the terms and condition set forth here in the agreement for a period of twelve full and consecutive teaching sessions. Employment commences on the first day of orientation ( 3.19.2007) and finishes on the last teaching day of the last teaching session(twelfth teaching session 3.18. 2008) covered under this agreement. |
If you don't have your E2 Visa, then you can't work or participate in work related activities for your employer for any period of time. Orientation is considered work. You'll probably be working without an E2 Visa while you "become familiar with their methods."
2. Duties
2.1 During the term of this agreement, the employee is required to prepare for, teach, and carry out all required administrative duties connected with classes assigned by the employer. The minimum teaching requirement is 100 teaching hours (teaching hours are an accumulation of the minutes, 1 hour equals 60min, of actual in class teaching) per monthly session Monday through Friday are teaching days except for scheduled public holidays, vacation days, Saturday, and Sunday.
Required administrative duties connected with classes.
a. Instruction in and all phases of the Institute�s program to classes that range from the preschool to elementary school students.
b. Out of classroom activities for /with students.
c. Grading and evaluation of students.
If these evaluations are written, then when do you submit them to your employer? The exact date should be written in the labor contract.
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| d. Students counseling or evaluation. |
Korean Teachers can counsel them if they have mental problems or emotional breakdowns.
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| e. Phone test for students. |
It's not realistic to give a test to a Korean Student over the phone who doesn't understand English.
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| f. Attendance at teacher�s meetings and workshops. |
One (1) workshop per month
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| g. Other related activities. |
All activities should be clearly defined!
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| 2.2 The employer will have the authority to require employee to perform teaching duties in excess of the minimum teaching requirement, such excess being no more than 20 hours per session. Total classes taught in excess of the minimum requirement are calculated on a monthly basis. Payment is made at the rate of 20.000 Won / teaching hour. |
This is horse dung! Why cause yourself more pain and grief by working more hours than you under a Nazi leader without a clue how to educate Korean Students. The overtime payment is crap. I wouldn't settle for less than 25,000 Korean Won (It would be more than 25,000 Korean Won per hour).
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| 2.3 No regular schedule of working hours can be guaranteed to employee. |
I've said numberous times, "Seek employment elsewhere if your employer is unable to provide you with working hours." There does exist the possibility that you could work a crap split shift.
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| Payment made for assigned classes is inclusive of payment for preparation and administrative duties connected with those assigned classes. |
***t! This isn't a (S)lave (L)abor (P)rogram
Employee agrees to attend meetings and training workshops scheduled by employer. The purpose of meetings and workshops is to inform employee of matters relating to employee's duties and the institute's operation, or to assist in employee's professional development.
No payment in excess of or in addition to employee's monthly salary will be made for attending meetings or workshops scheduled by employer.
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| 2.4 Employee may attend TA Course training or workshop which are scheduled by employer. In that case, employer will pay extra transportation fees other than regular route. |
When would you attend TA courses? Where will they be at? When will you attend them? How much money will your employer provide you prior to traveling to the said location?
2.5 At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be established, by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.
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| 2.6 When employee misses a class for personal reason, 20,000 Won per class missed will be deducted from salary. |
This is another crook/crap or whatever you want to call it clause! If you get a call that there's a death in the family and are shaken up by it, then will you get fined 20,000 KRW for taking some time to collect your thoughts? Tell Captain Hitler to stick a potato up his tail pipe.
3. Compensation
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| 3.1 Salary: Except for the period of orientation and training, employer will pay employee for the minimum teaching requirement the amount of 2,300,000 Won for each session of this agreement. |
Work for no pay 
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| Payment for extra teaching class is made at the rate of 20,000 Won / class. |
25,000 Korean Won (It would be higher than this)
Total gross monthly earnings for the minimum teaching requirement is 2,300,000 Won/session. Teaching salary will commence from the first day of teaching.
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| Korean income taxes and Korean National Pension Scheme deductions will be withheld. |
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This isn't acceptable. Period! What's the correct (%) your employer will deduct from your monthly salary for income taxes to be paid to the district tax office as required by Korean Law. The pension deductions and contributions should've been clearly defined. |
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| Monthly salary payments will be made on or before the 14th day of the month following the month during which the employment services were provided. |
This payday is crap and no teacher should settle for it!
Payment on the 28th of the same month. If the payday lies on a Saturday, Sunday, Korean National Holiday, paid vacation day, then you should be paid on the preceding workday.
There should also be a clause that states your employer will provide you with a pay receipt "pay slip."
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| 3.2 Orientation and Training: After arrival in Korea, teachers may be allowed a few days for adjustment and school preparation before beginning regular teaching duties. The orientation period will be spent in the Institute preparing for classes and learning the instructional system. |
How many days will you be allowed for adjustment? If you don't have your E2 Visa, then you should consider changing "The orientation period will be spent in the Institute preparing for classes and learning the instructional system" to "The employee will participate in an orientation training _____ days in length at the Institute preparing for classes and learning the instructional system upon issuance of an E2 Visa."
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| 3.3 Severance Payment: Dependent upon completion of at least one full year (twelve sessions) of employment with employer, employee will be given, exclusive of monthly salary payments, an additional 1/12(one twelfth) of one month�s total earnings for each month of employment since commencement of employment with employer. Korean severance tax will be withheld. This payment is made at the time of termination of employment, including any classes subsequent to that covered under this agreement. |
Severance is calculated as the average of the last three (3) working months wages including overtime wages.
4. Transportation
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| 4.1 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an international airport which is mutually agreed to by employer and employee (henceforth referred to as point of departure). On completion of the full contract period, employer will provide for the employee an economy class ticket for passage from Korea to point of departure. The return air ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment agreement with employer; the return air ticket will be provided at the time of completion of the subsequent contract period(s). Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets which are not used by employee. |
Round-trip ticket
5. Housing
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| 5.1 Employer will select and provide furnished living accommodations for employee. Apartments with two bedrooms are shared by two employees. Apartments with at least three bedrooms may be shared by three employees. (Single housing is possible as well) Each employee will have a private bedroom and will share a kitchen and bathroom. Furnishings will include a table, chairs, a two-burner gas hot plate, a refrigerator, a telephone, a television, and a washing machine. Furnishings provided to each employee include: A bed, a wardrobe, and a fan. |
Settle for nothing less than a single apartment. Your apartment will be hot since you have no air-conditioner . Have fun living with a drunk.
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| 5.2 The cost of monthly services, utilities, and telephone charges for accommodation provided by employer will be shared by the employees sharing an accommodation. During any period of sole occupancy employee will be responsible for the cost of all monthly services, utilities and telephone charges. |
Another puke clause. Your employer should provide you with the actual utility bills to be paid in a timely fashion. I wouldn't be surprised at all if your employer pays you in cash, exaggerates the costs of the utility bills, forgets where they are, and pockets money at your expense.
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5.3 Deposit
For the six months, the Employer will collect 100,000won per month deposit for utilities and phone charges even if the teacher pays these charges each month. This deposit will be refunded one months after the completion of this contract. |
You signed this labor contract knowing this contract had contractual language that stated, "This deposit will be refunded one month after the completion of this contract." Say goodbye to your deposit!
5.4 Employee is responsible for housing management. Excluding the problems attributed to the age of the provided accommodations, employee has to maintain the accommodation as it was when originally provided to employee. Employee may ask employer the procedure or the method to do that.
5.5 There is no other facility except the things on the contract. The extra things employee may need later are considered as expendable ones and it has to be paid by employee. All the equipments that employee buy have to be terminated by employee's expense when the contract is completed.(such as internet & cable TV connection)
5.6 Employee has to maintain the living accommodations clean for the next residents.
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| 5.7 일녀계약완료시는 이사비용은 회사에서 지불한다. |
Do you know what this means?
6. Holidays and Vacation
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| 6.1 Employee will be entitled to observe public holidays and receive vacation days during the contract term according to the yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are at least 10 days vacation and National holidays in each calendar year(January to December). |
Dollars to Donuts this employer counts Saturday and Sundays as paid vacation days.
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| 6.2 Absence from Duties: Salary is not maintained when employee is absent from teaching duties. |
What days are excluded from 6.2?
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| 6.3 Emergency Leave: Employee will be eligible to receive up to six (6) days of paid emergency leave in the event of death or serious illness in employee's immediate family, only when all necessary documents are provided. Such emergency leave will be granted at the sole discretion of employer. |
Another crapola clause that's an example of pure garbage. You should settle to no less than three (3) paid sick days and five (5) emergency leave days "breavement days."
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| 7. Medical Insurance: Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The costs of this coverage will be borne half by employer and half by employee. Payment will be made by monthly deduction from employee's salary. |
When is your employer going to provide you with a health insurance card issued to you by the National Healthcare Insurance Corporation?
Replace "Korean Medical Insurance Union" with National Healthcare Insurance Plan."
8. Accident Compensation: In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.
9. Dismissals or Voluntary Resignation
9.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal activity.
9.2 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term or this agreement, employer will pay salary due up to the date of termination. Employer will not pay the cost of return transportation to point of departure for employee, nor will employer pay any severance payment.
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| Further, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of relocation allowance given on arrival in Korea and the cost of air fare provided for travel to Korea. (In case of voluntary resignation, employee must announce his/her resignation to employer before 2 months.) |
More crap! If your employer dismisses you, then you sholdn't pay him back. Don't settle for it! Many employers have dismissed employees for unjustifiable reason(s) for the sole purpose of not providing an airline ticket home and severance pay.
Thirty calendar (30) days in writing is sufficient for these scumbags.
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| 9.3 In the case employee breaks the working code or covenants, employer can dismiss employee. |
Don't come to class late
10. Covenants
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| 10.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. |
Yep... Whatever! You can work anywhere you want if you have permission from Korean Immigration Officials.
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| To undertake such employment is a breach of Korean Immigration law and can have serious consequences. |
I highly doubt these jackasses will follow Immigration Law!
10.2 The employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer.
11. Jurisdiction: This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement.
12. Others
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| 12.1 This contract states only basic regulations of working conditions and each clause should be recognized as a general rule. Thus, employee should follow the conditions of all items according to the attached regulations. The attached regulations may vary according to each situation. |
WTF is this crap? If they aren't going to write the regulations in the labor contract, then tell them to kiss your ass.
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| 12.2 While working at school, employee should behave according to Korean courtesy and culture and should try to maintain an open and positive attitude. |
The hits just keep on coming. These dinks will have you marching on a white line before classes start in the morning. You should behave like a professional and not according to the Korean higher order.
Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.
Date:
Employee Name:
Employee Signature:
School Name:
Employer Name:
Employer Signature:
Institute Seal:
Last edited by alabamaman on Sat Mar 10, 2007 1:09 am; edited 2 times in total |
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buymybook
Joined: 21 Feb 2005
Location: Telluride
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| Posted: Sat Mar 10, 2007 12:32 am Post subject: |
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Whistleblower writes...
"Hey I'm gonna start a new job soon but the contract has not been signed by both parties so is not legally binding yet. I am just waiting for the t's to be ticked and the i's to be crossed."
FYI...
That would be, "T's crossed and I's dotted."
You need to know these things when teaching English.
Now, to all out there with Korean wives. Just does that say for y'all when the OP is considering/considered signing such a wacko contract according to most, if not all who have responded?
No Korean wife here and I work approx. 145 hours per month at 4.0 million Won per month plus housing. |
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