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NoDolan

Joined: 29 Jul 2007
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Posted: Fri Sep 07, 2007 12:40 pm Post subject: Sorry, I thought I posted this in the Contract thread. |
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I've been offered a few jobs and I want to accept this one, but I have some concerns with this contract.
1. TERM OF CONTRACT (계약 기간)
This contract will be valid for a period of 12months beginning __________ _____ and ending ___________________ .
(※ Starting date�s up to your arrival )
2. CONDITIONS OF EMPOLYMENT (고용 조건)
a). The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.
b). The Employee will be required to work for regularly scheduled hours from Monday to Friday, Each teaching hour in excess of 30 hours a week is considered as overtime. (1 Hour is 60 minutes)
c). Classes and teaching hours are scheduled at the institute's sole discretion.
d). The Employee is required to go through an orientation and training program before starting Employment.
3. SERVICES PROVIDED BY THE EMPLOYER
a). PAYMENT & TAX
The Employer will pay a monthly salary of 2,200,000 won for regularly scheduled hours which we mentioned on the page 1 worked.
(Payment of salary commences from the first day of teaching.)
b). The Employer may ask the Employee to work over time (the Employee has an option to refuse and will not be forced), and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of 25,000 won.
c). The employee salary will be paid on the ___th of each month.
d). Tax and Pension for income will be deducted from the salary according to the Korean tax law, and The Employer will provide the Employee the receipt for this.
4. HOUSING (주택 제공)
The Employer will provide the Employee a furnished Single housing and the Housing will be provided at no cost to the Employee with the exception of maintenance and phone bills.
A two-person apartment/house will be provided for a couple, if both are teaching at the Institute.
5. AIRFARE (항공편)
Employer shall provide round-trip ticket. In the event that INSTRUCTOR willfully leaves the Employer before completion of his/her contract, Employer is not responsible for the return airfare. If INSTRUCTOR willfully leaves the Employer before 6 months, INSTRUCTOR must payback the initial airfare and EMPLOYER may deduct the said airfare from Instructor's last pay.
.
6. MEDICAL INSURANCE (건강 보험)
The half of the insurance premium will be paid by the Employee and the other half by the Employer.
7. SEVERANCE PAY (퇴직금)
Upon completion of this contract, the Employer will pay one month's salary as a severance payment to the Employee. This payment will be made at the time of completion of the contract period.
8. VACATION (유급휴가)
a). The Employee may have 10-working days as paid vacation as well as all Korean National Holidays per year, which will be organized by the institute. (days in which the Employee does not regularly work i.e., Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period)
b). Employee's paid sick leave during the Term of Employment shall not exceed three (3) calendar days. (a doctor's invoice with the diagnosis and prognosis is required to be paid for sick days.)
9. RENEWAL & TERMINATION OF CONTRACT
a). RENEWAL
The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee's current contract.
b). Both the Employer and the Employee reserve the option to renew the contract.
c). TERMINATION OF CONTRACT
Both parties will give at least a written 60-day notice prior to the termination date of the contract.
d). The Employer retains the right to terminate the contract
immediately if:
* The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis, continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.
*.The Employee teaches a private class outside of the school.
*. The Employee participates in any type of criminal activity of corruption of public morals which violates the laws of the Republic of South Korea.
If, for any reason, the contract is terminated before the full completion of the contract period:
The Employee will not qualify for benefits such as severance pay and the airfares.
The Employee will be wholly responsible for any /maintenance and phone bills remaining for the duration of their housing lease.
Within 14-days the Employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.
10. GOVERNING LAW & JURISDICTION
a). This contract is governed by the low of the Republic of Korea.
b). This contract is made final and firm unless any material modification or amendment to this contract is executed with the full knowledge and consent of the undersigned and incorporated into this contract.
Last edited by NoDolan on Fri Sep 07, 2007 3:36 pm; edited 2 times in total |
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CentralCali
Joined: 17 May 2007
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Posted: Fri Sep 07, 2007 1:20 pm Post subject: Re: Help My first Contract-Please advise ! |
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| NoDolan wrote: |
| I've been offered a few jobs and I want to accept this one, but I have some concerns with this contract. Its very vague with many red flags. |
If you think there are "many red flags," why do you want this job?
| Quote: |
| b). The Employee will be required to work for regularly scheduled hours from Monday to Friday, Each teaching hour in excess of 30 hours a week is considered as overtime. (1 Hour is 60 minutes) |
No. Class hours are 50 minutes at most hagweons I've heard of. Before you take this job, you must determine if the classes are actually 60 minutes long or shorter. If the classes are shorter, then the boss is pulling a timekeeping stunt that will haunt you at the end of your contract.
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| d). The Employee is required to go through an orientation and training program before starting Employment. |
If this is at full pay, no problem. If it's at no-pay or reduced pay, forget the job.
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| (Payment of salary commences from the first day of teaching.) |
No. Nice try on the boss's part, though. This was a sneaky way of telling you that you will be doing unpaid orientation.
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| d). Tax and Pension for income will be deducted from the salary according to the Korean tax law, and The Employer will provide the Employee the receipt for this. |
That's kind of refreshing to see a contract stipulating that the teacher will actually be getting a pay stub.
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| Employer shall provide round-trip ticket. In the event that INSTRUCTOR willfully leaves the Employer before completion of his/her contract, Employer is not responsible for the return airfare. If INSTRUCTOR willfully leaves the Employer before 6 months, INSTRUCTOR must payback the initial airfare and EMPLOYER may deduct the said airfare from Instructor's last pay. |
Wow. That's impressive that they're obligating themselves to pay for your return airfare even if they fire you. I wouldn't count on this, though.
{Bolding mine.}
| Quote: |
| a). The Employee may have 10-working days as paid vacation as well as all Korean National Holidays per year, which will be organized by the institute. (days in which the Employee does not regularly work i.e., Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period) |
Will have, not may have.
| Quote: |
| b). Employee's paid sick leave during the Term of Employment shall not exceed three (3) calendar days. (a doctor's invoice with the diagnosis and prognosis is required to be paid for sick days.) |
What? They haven't even met you yet and they don't trust you?
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| The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee's current contract. |
Forget it. I wouldn't obligate myself to give any more than a 30 day notice. It's fine if they want to obligate themselves for that, but I don't see any reason for you to chance making two months of your life, instead of just one, a living nightmare if things go wrong.
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| Both parties will give at least a written 60-day notice prior to the termination date of the contract. |
See last comment above.
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If, for any reason, the contract is terminated before the full completion of the contract period:
The Employee will not qualify for benefits such as severance pay and the airfares. |
Ah, so now they contradict themselves. If you get canned, they're not going to pay your return airfare.
I don't see it as a viable concern. |
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garykasparov
Joined: 27 May 2007
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Posted: Sat Sep 08, 2007 10:03 am Post subject: Re: Sorry, I thought I posted this in the Contract thread. |
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| NoDolan wrote: |
I've been offered a few jobs and I want to accept this one, but I have some concerns with this contract.
1. TERM OF CONTRACT (계약 기간)
This contract will be valid for a period of 12months beginning __________ _____ and ending ___________________ .
(※ Starting date�s up to your arrival )
2. CONDITIONS OF EMPOLYMENT (고용 조건)
a). The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.
b). The Employee will be required to work for regularly scheduled hours from Monday to Friday, Each teaching hour in excess of 30 hours a week is considered as overtime. (1 Hour is 60 minutes)
c). Classes and teaching hours are scheduled at the institute's sole discretion.
d). The Employee is required to go through an orientation and training program before starting Employment.
3. SERVICES PROVIDED BY THE EMPLOYER
a). PAYMENT & TAX
The Employer will pay a monthly salary of 2,200,000 won for regularly scheduled hours which we mentioned on the page 1 worked.
(Payment of salary commences from the first day of teaching.)
b). The Employer may ask the Employee to work over time (the Employee has an option to refuse and will not be forced), and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of 25,000 won.
c). The employee salary will be paid on the ___th of each month.
d). Tax and Pension for income will be deducted from the salary according to the Korean tax law, and The Employer will provide the Employee the receipt for this.
4. HOUSING (주택 제공)
The Employer will provide the Employee a furnished Single housing and the Housing will be provided at no cost to the Employee with the exception of maintenance and phone bills.
A two-person apartment/house will be provided for a couple, if both are teaching at the Institute.
5. AIRFARE (항공편)
Employer shall provide round-trip ticket. In the event that INSTRUCTOR willfully leaves the Employer before completion of his/her contract, Employer is not responsible for the return airfare. If INSTRUCTOR willfully leaves the Employer before 6 months, INSTRUCTOR must payback the initial airfare and EMPLOYER may deduct the said airfare from Instructor's last pay.
.
6. MEDICAL INSURANCE (건강 보험)
The half of the insurance premium will be paid by the Employee and the other half by the Employer.
7. SEVERANCE PAY (퇴직금)
Upon completion of this contract, the Employer will pay one month's salary as a severance payment to the Employee. This payment will be made at the time of completion of the contract period.
8. VACATION (유급휴가)
a). The Employee may have 10-working days as paid vacation as well as all Korean National Holidays per year, which will be organized by the institute. (days in which the Employee does not regularly work i.e., Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period)
b). Employee's paid sick leave during the Term of Employment shall not exceed three (3) calendar days. (a doctor's invoice with the diagnosis and prognosis is required to be paid for sick days.)
9. RENEWAL & TERMINATION OF CONTRACT
a). RENEWAL
The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee's current contract.
b). Both the Employer and the Employee reserve the option to renew the contract.
c). TERMINATION OF CONTRACT
Both parties will give at least a written 60-day notice prior to the termination date of the contract.
d). The Employer retains the right to terminate the contract
immediately if:
* The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis, continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.
*.The Employee teaches a private class outside of the school.
*. The Employee participates in any type of criminal activity of corruption of public morals which violates the laws of the Republic of South Korea.
If, for any reason, the contract is terminated before the full completion of the contract period:
The Employee will not qualify for benefits such as severance pay and the airfares.
The Employee will be wholly responsible for any /maintenance and phone bills remaining for the duration of their housing lease.
Within 14-days the Employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.
10. GOVERNING LAW & JURISDICTION
a). This contract is governed by the low of the Republic of Korea.
b). This contract is made final and firm unless any material modification or amendment to this contract is executed with the full knowledge and consent of the undersigned and incorporated into this contract. |
( 1 ) No clearly defined dates of employment (get them written in the contract before you sign and not after.
( 2 ) No date of pay written in the labor contract
( 3 ) The medical insurance clause, if one would call it that, was poorly written. When will your employer provide you with a health insurance card?
( 4 ) No bereavement leave clause
( 5 ) No clause for a break that you're entitled to use freely according to labor laws.
( 6 ) Housing clause: What furniture will your employer provide you with?
( 7 ) Paid sick days: Three is not enough as you may find yourself in a situation where you need more. Ask for five (5) settle for no less than (3) though.
( 8 ) No mention of how you'll be paid. Accept no less than your employer depositing your monthly salary into your Korean bank account. Proof is in your little bank book if you file at the local labour office over unpaid wages.
( 9 ) The Employee may have 10-working days. The above user made a good point about this as well.
( 10 ) Orientation Clause: "The Employee is required to go through an orientation and training program before starting Employment." Korean employers have given themselves a bad name for pressuring teachers towards teaching for a period of time without an E2 Visa. This has been known to take place during orientation and training (fancy contract language for teaching). It certainly wouldn't hurt to kindly insist on "Upon issuance of an E2 Visa, The Employee is required to go through an orientation and training program before starting Employment." It's against the law to work without the proper work visa. In your case the proper work visa would be an E2 Visa.
( 11 ) There is usually the following information at the bottom of contracts unless you left it out;
Date:
Employee Name:
School Name:
Employer Name:
School Address:
Employer Telephone No.:
Employee Signature:
Employer Signature:
/Seal/
( 12 ) The following below is close to what's usually written at the top of contracts unless you left it out;
This labor contract is made and entered into as of (month day, year) by and between (name of school), herein referred to as the "employer", and (your name) herein referred to as the "employee".
( 13 ) There is usually a provision or more than one that spells out the conditions that you can terminate your labor contract for. Didn't see that in this contract.
( 14 ) Is your employer going to provide you with an Alien Registration Card? Your employer should provide you one within seven (7) days after you've been issued an E2 Visa from Korean Immigration Officials. Bear in mind they don't work on national holidays.
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