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ETIS/SMOE Contract Questions

 
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tyleranthony



Joined: 17 Mar 2007

PostPosted: Wed Mar 21, 2007 8:15 am    Post subject: ETIS/SMOE Contract Questions Reply with quote

I have a few ?? somebody may be able to answer for me. I just received a sample contract from BCM, where I would be working not in a branch or hagwon but in a public school in gangnam, seoul under an SMOE/ETIS arrangement.

the contract i received is 1/2 in Korean, 1/2 in english. knowing that conditions in contracts are nearly entirely based on the construction of language, is it reasonable to request that the contract only be written in english? just a matter of comfort for me i guess...

also, is it reasonable that they deduct 300k won from the first three paychecks as a security deposit for housing? has anybody signed a contract with a similar clause?

generally, to what degree are contracts flexible? are they set in stone or negotiable? can I request that certain clauses are included or spelled out in further detail?

any help on this topic would be tremendously appreciated.

thanks

tyler


Last edited by tyleranthony on Fri Mar 23, 2007 5:14 pm; edited 1 time in total
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Woden



Joined: 08 Mar 2007
Location: Eurasia

PostPosted: Wed Mar 21, 2007 10:31 am    Post subject: Re: EPIT/SMOE Contract Questions Reply with quote

tyleranthony wrote:


the contract i received is 1/2 in Korean, 1/2 in english. knowing that conditions in contracts are nearly entirely based on the construction of language, is it reasonable to request that the contract only be written in english? just a matter of comfort for me i guess...


tyler


Methinks you won't be setting a good example by refusing to engage in bilingualism! It has to be in Korean as well as it is a Korean legal document issued from within Korea. I would be lying if I claimed to know the extent of the English skills of those in the Education Boards but I would hazard a guess that it would not be advanced.

If you were issued a contract solely in English then there would need to be a Korean version made also for KOREANS, which you would also have to sign.

Do you realise you are going to be working in a non-English speaking country?

Beggar's belief!
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tyleranthony



Joined: 17 Mar 2007

PostPosted: Wed Mar 21, 2007 10:51 am    Post subject: Reply with quote

you think that i don't know what language they speak there? c'mon now...i'm asking for help and you're giving me some piss-poor sarcasm.

my point is that language in contracts should be very particular and precise. because i dont speak korean yet, i'm totally unaware of the nuances of the language that could, in korean, mean one thing, and mean something different in english. i'm just making sure i'm not setting myself up to get screwed if something goes wrong, the contract gets reviewed, and there's something written in Korean that maybe isn't translated perfectly into the english portion of the document.

it's not that i'm unwilling to engage in bilingualism, i mean i'm moving to korea for at least a year! i just think its reasonable to know, down to the letter, what a contract states before signing it.
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crsandus



Joined: 05 Oct 2004

PostPosted: Wed Mar 21, 2007 12:23 pm    Post subject: Reply with quote

Even if you get an English contract, there will be a Korean version and the Korean version will be the version used in legal proceedings.

I have also read that other public school teachers have had the 300.000 Won deductions from their first three months pay.

Contracts can be as flexible or as rigid as you want them. You can be adamant about certain clauses and fight tooth and nail for everything in the contract or sometimes people are very flexible on somethings.
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Woden



Joined: 08 Mar 2007
Location: Eurasia

PostPosted: Wed Mar 21, 2007 1:00 pm    Post subject: Reply with quote

Sorry for the sarcasm, I was a bit harsh!

I thought you were asking for a Korean legal document to be written in English. There needs to be a Korean version, which you will have to sign, regardless of how many translated versions there are.

I should have been more subtle, maybe. I wasn't suggesting you speak Korean (I don't) but I was just saying that it might give an employer the wrong impression if you ask for the contract to be written in a foreign language. It does suggest Western arrogance, which we are all probably guilty of to some extent, not least of all me (at least that is what the Japanese girlfriend keeps saying!).
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kimchi story



Joined: 23 Nov 2006

PostPosted: Wed Mar 21, 2007 4:56 pm    Post subject: Reply with quote

tyleranthony wrote:

it's not that i'm unwilling to engage in bilingualism, i mean i'm moving to korea for at least a year! i just think its reasonable to know, down to the letter, what a contract states before signing it.


What are the odds that what's written in English is reiterated in Korean - that it's not half English/half Korean but written in full in both? That's what it should be. Korea's not officially a bilingual nation - your contract shouldn't be half and half. I didn't see Woden's comments as sarcastic (but I appreciate and respect that he put on his big boy pants and apologized for how he was received) - the suggestion by the op that the contract is 1/2 English 1/2 Korean was confusing for anyone with an inkling of how things work here.

EPIT? What is EPIT?
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albazalba



Joined: 27 Dec 2006
Location: Hongdae

PostPosted: Wed Mar 21, 2007 9:09 pm    Post subject: Reply with quote

I work for the SMOE in Gangnam and let me tell you it is a sound contract. First of all, the translation is pretty damn good. It goes one clause at a time, and I would say is pretty clear.
That 300,000 won deposit is pretty standard too. I know people at other schools that deposit up to 500,000 won so don't sweat it, they'll give it back to you. Just look at it as forced savings.
My advice is sign the contract, they are good people who are working hard to make gangnam the best place to work under the SMOE.
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tyleranthony



Joined: 17 Mar 2007

PostPosted: Fri Mar 23, 2007 2:32 pm    Post subject: Reply with quote

Woden wrote:
Sorry for the sarcasm, I was a bit harsh!


no need to apologize...although i'm new to the forum, i've seen some posts get out of hand real quickly with mudslinging, etc...trying to avoid that.

I accidentally put EPIT - should have been ETIS (English Teachers in Seoul). i fcuk up acronyms all the time-- my apologies.

As far as the contract goes-- it is half and half... i.e:

clause A
korean

clause A
English

etc...

i'm tempted to put the characters into a web language translator but I know how notoriously inaccurate those can be.

i guess, all in all, it really doesn't matter what the contract says in korean vs. english ... i'm just trying to minimized the inevitable hassles i will face working under a korean contract. maybe instead of thinking i won't get fcuked i should just bring some ky and hope for the best....
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lover.asian



Joined: 30 Jan 2006

PostPosted: Fri Mar 23, 2007 3:28 pm    Post subject: Re: EPIT/SMOE Contract Questions Reply with quote

tyleranthony wrote:


also, is it reasonable that they deduct 300k won from the first three paychecks as a security deposit for housing?


tyler


It is an illegal penalty clause. There is no question about it. You can search this forum and read all about it. It is up to you whether you agree to it or not, but, if your job goes bad, you will be out $1,000 US.
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mrsquirrel



Joined: 13 Dec 2006

PostPosted: Fri Mar 23, 2007 4:16 pm    Post subject: Re: EPIT/SMOE Contract Questions Reply with quote

Quote:


It is an illegal penalty clause. There is no question about it. You can search this forum and read all about it. It is up to you whether you agree to it or not, but, if your job goes bad, you will be out $1,000 US.


Even if you resign in the correct manner? With notice?
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