January 19, 2018, 05:55:12 AM

Author Topic: Contract Review Please!!!  (Read 135 times)

Offline mteach

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Contract Review Please!!!
« on: January 11, 2018, 01:09:20 PM »
So it's my first time going to Korea to teach. I am kind of nervous and do not know if this is an okay contract or not. Can anyone help me out? Thanks ! :azn:


1.  TERMS OF AGREEMENT
.   This agreement will commence 2018  and end 2019                 Employee should arrive 3-5 days prior to the start date to undergo orientation and training.  Employer will provide temporary accommodations during this period until the regular accommodation is ready.
.   The working visa issued by the exclusive agreement between the Employer and the Employee becomes invalid right after termination of agreement.
.   This agreement may be renewed by mutual consent two months prior to its expiration. Without new agreement between the Employer and the Employee two months before the expiration, the Employee shall be automatically dismissed from employment when the contract expires.
.   If the Employee wishes to terminate the employment contract prior to the agreed date of expiration due to his/her personal reasons which are not accepted by the Employer, he/she has to pay a fine of the equivalent of the one way airfare and recruiter fee which the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school.
.   Prior to such early termination, the Employee should give a 60 day notice in written to the Employer.

2.   PLACE OF EMPLOYMENT
_________________________________

3.   DUTIES OF THE EMPLOYEE
Teaching days will be Monday to Friday, 9:30am to 6:30pm with the exception of Graduation Ceremony, Graduation Trip, workshop, and training that may be outside the normal teaching days.
.   During the term of this agreement, the Employee will accept, obey and comply with the instructions, supervision, training and discipline of the Employer of the Language Institute. These duties will include but not limited to instruction for regular classes, administrative duties related to the Employee’s classes, class preparations, student placement testing, student evaluations, attendance at scheduled instructors’ meetings, and workshops and extracurricular duties (Lunch-time table classes, Field trip etc.) as may be assigned by the Employer. The Employer is to set standards of performance for the Employee and is empowered to take reasonable steps necessary for assuring that those standards are met.
.   The Employee must not cancel classes arbitrarily. If cancellation of classes is unavoidable, the Employee must consult with the Employer in advance. In case of sickness, unexpected accidents, and bereavement, the Employee has to take steps stated in 4.2 and 4.3 of this agreement.
.   The Employee is not allowed to work for any other organization during the term of employment.
.   At all times during the term of this agreement, the Employee is to perform his/her work according to the curriculum and the teaching methods that have been established by the Employer.
.   The Employee understands and agrees that at all times during the term of this agreement; the Employee is to follow all the provisions of laws and regulations of the Government of Korea and any local government authorities thereof.
.   During the first 2 months of employment, all first-year employees will be required to arrive at by 9:20am and prepare for lessons at least 2 hours per day.  All employees will be required to prepare at least 1 hour per day.
.   Shortly after arrival in Korea, Employee will be required to undertake orientation and training before commencing teaching.  The period of training and orientation will usually be 2-3 days.
.   All Employees are to be punctual and arrive at school by 9:30. If an Employee is late 3 times, it will count as a day absence and the pay will be deducted accordingly.

4.   SALARY AND OTHER BENEFITS FOR THE EMPLOYEE
.   Salary
The Employee will be paid the total of   2,100,000   Korea won per month less Korean income tax and other deductions as required under Korean law. The Employee’s salary will be paid on the 10th of the each month. If this day falls on a national holiday, Saturday, or Sunday, the salary will be paid on the next business day. However, in the last month of the contract term, the monthly salary is to be paid on the last business day of the month or the 10th of the next month, which is the regular payment day.

Severance Payment
On the condition that this contract is completely satisfied and that employment lasts for one year, a special allowance of a month salary will be paid to the Employee by the Employer. The severance payment, which is also subject to Korean income, resident, and other taxes will be paid one month after the employee completes their employment with.


Overtime Payment
Work exceeding the required amount as described in .(above) will be considered overtime. Overtime pay will be calculated on an hourly basis and will be paid \18,000.

.   Sick Leave
Provided that the Employee submits medical certification (limited to serious illness or hospitalization) from the hospital designated by the Employer, the Employee is allowed a maximum of 5 unpaid sick days per year.

.   Bereavement Leave
If any of the employee’s immediate family dies during the term of the contract, the Employee may request a 5 days of Bereavement Leave to attend the funeral.
 
.   Housing
The Employee will be provided with the furnished housing by the employer. All fees, charges, costs, taxes, expenses, general maintenance fee, etc.  Incurred in using the housing will be borne by the employee.  In case the Employee would not like housing provided, he/she may request a monthly allowance of 300,000 won instead.

Airfare
The Employer will provide a one-way ticket to the Employee at the beginning or end of their employment.

Holidays and Vacations
Holidays and vacations are assigned according to the school calendar.
The Employee is entitled to 10 days vacation (5 in the summer and 5 in the winter) during school’s summer and winter break.  Before making any vacation plans, the employee must consult the school’s vacation schedule first.

. Medical Insurance and Pension
The Employee is to be covered by the medical insurance law. 50% of the insurance premium and pension will be paid by deduction from the Employee’s salary.

. Bonus/Stipend
The Employer may, at its sole discretion, provide the Employee with bonuses, stipends or other additional remuneration; provided, however, that such bonuses, stipends or other additional remuneration shall neither be expected nor required by either party.



5.   DISMISSAL
.   The Employer has the right to dismiss the Employee for negligence of duties, misconduct, or unwillingness or inability to meet conditions of employment as set forth in this agreement. Prior to such dismissal, the Employee will be given 30 days notice. However, illegal activities or other misconduct which has jeopardized any students or staff members of the Employer, or which damages the reputation of the Employer, will be the cause for immediate dismissal without warning or time for remedy.

.   The Employer has the right to dismiss the Employee for providing false information in related application documents.

.   In addition to the above two reasons, if the employer decide that there is any reason to dismiss the employee, the employer can dismiss the employee without 30 days notice.

.   GUARANTEES
The Employee guarantees that all facts provided by him/her in the Employee’s resume, diplomas, certificates, or any other documents are true and correct.

.   INDEMNIFICATION CLAUSE
The Employer shall not be responsible for any damages caused by the misconduct or negligence of the Employee.

.   GOVERNING LANGUAGE & COURT OF LAW
This agreement was drawn up and will be executed in the Korean language, and the Korean version of this agreement will govern and prevail over translations thereof. This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. The court of the Republic of Korea will have jurisdiction in regard to any disputes or claims arising out of, or in connection with this agreement.
The undersigned agree to observe the terms stated above. In case the above terms are violated, the contract may be dissolved.
« Last Edit: January 11, 2018, 03:32:34 PM by mteach »

Online dalkyr

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Re: Contract Review Please!!!
« Reply #1 on: January 12, 2018, 10:49:00 AM »
So it's my first time going to Korea to teach. I am kind of nervous and do not know if this is an okay contract or not. Can anyone help me out? Thanks ! :azn:


1.  TERMS OF AGREEMENT
.   This agreement will commence 2018  and end 2019                 Employee should arrive 3-5 days prior to the start date to undergo orientation and training.  Employer will provide temporary accommodations during this period until the regular accommodation is ready.
.   The working visa issued by the exclusive agreement between the Employer and the Employee becomes invalid right after termination of agreement.
.   This agreement may be renewed by mutual consent two months prior to its expiration. Without new agreement between the Employer and the Employee two months before the expiration, the Employee shall be automatically dismissed from employment when the contract expires.
.   If the Employee wishes to terminate the employment contract prior to the agreed date of expiration due to his/her personal reasons which are not accepted by the Employer, he/she has to pay a fine of the equivalent of the one way airfare and recruiter fee which the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school.

And we're getting to the illegal stuff in *CLAUSE 1*! That's a new Waygook record!

Two issues here:
1) They call it a "fine", which is VERY illegal. They can't penalize people for quitting.
2) While there's much debate about whether Airfare Reimbursement is allowed, it's becoming the norm. Recruiting fees reimbursement is definitely illegal, though.


.   Prior to such early termination, the Employee should give a 60 day notice in written to the Employer.

The law says 30. 60 is pretty much the standard in Hagwon contracts, though.

2.   PLACE OF EMPLOYMENT
_________________________________

3.   DUTIES OF THE EMPLOYEE
Teaching days will be Monday to Friday, 9:30am to 6:30pm with the exception of Graduation Ceremony, Graduation Trip, workshop, and training that may be outside the normal teaching days.
.   During the term of this agreement, the Employee will accept, obey and comply with the instructions, supervision, training and discipline of the Employer of the Language Institute. These duties will include but not limited to instruction for regular classes, administrative duties related to the Employee’s classes, class preparations, student placement testing, student evaluations, attendance at scheduled instructors’ meetings, and workshops and extracurricular duties (Lunch-time table classes, Field trip etc.) as may be assigned by the Employer. The Employer is to set standards of performance for the Employee and is empowered to take reasonable steps necessary for assuring that those standards are met.

That's a fair amount of (unpaid) non-teaching work.

.   The Employee must not cancel classes arbitrarily. If cancellation of classes is unavoidable, the Employee must consult with the Employer in advance. In case of sickness, unexpected accidents, and bereavement, the Employee has to take steps stated in 4.2 and 4.3 of this agreement.
.   The Employee is not allowed to work for any other organization during the term of employment.
.   At all times during the term of this agreement, the Employee is to perform his/her work according to the curriculum and the teaching methods that have been established by the Employer.
.   The Employee understands and agrees that at all times during the term of this agreement; the Employee is to follow all the provisions of laws and regulations of the Government of Korea and any local government authorities thereof.
.   During the first 2 months of employment, all first-year employees will be required to arrive at by 9:20am and prepare for lessons at least 2 hours per day.  All employees will be required to prepare at least 1 hour per day.

Two hours of prep a day? Sheesh.

.   Shortly after arrival in Korea, Employee will be required to undertake orientation and training before commencing teaching.  The period of training and orientation will usually be 2-3 days.

At no point have they said whether this is paid training or not.

.   All Employees are to be punctual and arrive at school by 9:30. If an Employee is late 3 times, it will count as a day absence and the pay will be deducted accordingly.

Pretty sure this is an illegal penalty clause.

4.   SALARY AND OTHER BENEFITS FOR THE EMPLOYEE
.   Salary
The Employee will be paid the total of   2,100,000   Korea won per month less Korean income tax and other deductions as required under Korean law. The Employee’s salary will be paid on the 10th of the each month. If this day falls on a national holiday, Saturday, or Sunday, the salary will be paid on the next business day. However, in the last month of the contract term, the monthly salary is to be paid on the last business day of the month or the 10th of the next month, which is the regular payment day.

Severance Payment
On the condition that this contract is completely satisfied and that employment lasts for one year, a special allowance of a month salary will be paid to the Employee by the Employer. The severance payment, which is also subject to Korean income, resident, and other taxes will be paid one month after the employee completes their employment with.


Overtime Payment
Work exceeding the required amount as described in .(above) will be considered overtime. Overtime pay will be calculated on an hourly basis and will be paid \18,000.

OT Pay is low. Standard is at least 25,000

.   Sick Leave
Provided that the Employee submits medical certification (limited to serious illness or hospitalization) from the hospital designated by the Employer, the Employee is allowed a maximum of 5 unpaid sick days per year.

Wait, *unpaid*? So you've got NO paid sick days, AND a limit on unpaid sick days? This is... Not good.

.   Bereavement Leave
If any of the employee’s immediate family dies during the term of the contract, the Employee may request a 5 days of Bereavement Leave to attend the funeral.

"May request". You can request all you want, if it's not in the contract that they're required to let you go,
 they won't.

 
.   Housing
The Employee will be provided with the furnished housing by the employer. All fees, charges, costs, taxes, expenses, general maintenance fee, etc.  Incurred in using the housing will be borne by the employee.  In case the Employee would not like housing provided, he/she may request a monthly allowance of 300,000 won instead.

There should be a list of furnishings included.

Airfare
The Employer will provide a one-way ticket to the Employee at the beginning or end of their employment.

Holidays and Vacations
Holidays and vacations are assigned according to the school calendar.
The Employee is entitled to 10 days vacation (5 in the summer and 5 in the winter) during school’s summer and winter break.  Before making any vacation plans, the employee must consult the school’s vacation schedule first.

So you've got 10 days of vacation... But you have to take them during the school's breaks? In other words, you have 0 days vacation. Because unless your boss is a REAL dick you're not working during the school breaks. So that's not "vacation days".

. Medical Insurance and Pension
The Employee is to be covered by the medical insurance law. 50% of the insurance premium and pension will be paid by deduction from the Employee’s salary.

. Bonus/Stipend
The Employer may, at its sole discretion, provide the Employee with bonuses, stipends or other additional remuneration; provided, however, that such bonuses, stipends or other additional remuneration shall neither be expected nor required by either party.



5.   DISMISSAL
.   The Employer has the right to dismiss the Employee for negligence of duties, misconduct, or unwillingness or inability to meet conditions of employment as set forth in this agreement. Prior to such dismissal, the Employee will be given 30 days notice. However, illegal activities or other misconduct which has jeopardized any students or staff members of the Employer, or which damages the reputation of the Employer, will be the cause for immediate dismissal without warning or time for remedy.

.   The Employer has the right to dismiss the Employee for providing false information in related application documents.

.   In addition to the above two reasons, if the employer decide that there is any reason to dismiss the employee, the employer can dismiss the employee without 30 days notice.

WHAT?!? Um... How about "No". Blatantly illegal. Possibly a bad translation, but the way this reads is that they claim they can fire you for any reason with no notice. Which is VERY much against the law.

.   GUARANTEES
The Employee guarantees that all facts provided by him/her in the Employee’s resume, diplomas, certificates, or any other documents are true and correct.

.   INDEMNIFICATION CLAUSE
The Employer shall not be responsible for any damages caused by the misconduct or negligence of the Employee.

.   GOVERNING LANGUAGE & COURT OF LAW
This agreement was drawn up and will be executed in the Korean language, and the Korean version of this agreement will govern and prevail over translations thereof.

Did they provide you with the Korean copy? If not, I'm pretty sure anything you sign would be invalid.

This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. The court of the Republic of Korea will have jurisdiction in regard to any disputes or claims arising out of, or in connection with this agreement.
The undersigned agree to observe the terms stated above. In case the above terms are violated, the contract may be dissolved.

tl;dr - Nope.

So I've got a couple issues here.

1 - This is a REALLY bare-bones contract. Most of the contracts we see are twice as long. There's effectively no details here whatsoever. Things that are noticeably missing: Teaching hours, class length, Saturdays, Pension (!!!). Things that are missing usual details: EVERYTHING. There should be details on what constitutes acceptable termination, which insurance plan you're on (NHIC. Accept no substitutes.), and a bunch of other clauses.

This isn't even boilerplate. I've seen enough contracts to recognize the template that people use, and this isn't it. This is "Someone saw a foreign-teacher contract once, and then recreated it from memory". It's crazy sparse, and the places it DOES have details are worrisome.

2 - In contrast to the sparsity of the rest of the contract there are some blatantly illegal clauses.

Clause #1 quitting fine - Flat out illegal.

Clause #5 "if the employer decide that there is any reason" - Very illegal.


So.... Yeah. Based on the contract I'd pass. It's possible this is just some little Mom & Pop hagwon with an owner who's super nice and just doesn't know how to do a contract, but you don't *KNOW* that. You *CAN'T* know that. Plus the "We're family here" places are actually some of the worst possible places to work if my friends' experiences are anything to go by.

The contract is the only protection you've got from a bad work environment and a bad Korea experience. You want it to be detailed. You should be able to read the contract and know EXACTLY what is going to be required of you, and EXACTLY what your boss owes you. This one is so thin I've honestly got no idea what the job is.

Offline Dave Stepz

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Re: Contract Review Please!!!
« Reply #2 on: January 12, 2018, 11:08:25 AM »
Quote
If the Employee wishes to terminate the employment contract prior to the agreed date of expiration due to his/her personal reasons which are not accepted by the Employer, he/she has to pay a fine of the equivalent of the one way airfare and recruiter fee which the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school.

There is not 'agreed date of expiration', it is the date on this contract.  The second bit is worded badly as they can't 'fine' you anything.  They can keep the exact money that they paid for your flight, no problems, but you are not liable for any recruiter fee at all.  The way this is written makes it illegal.

Quote
Prior to such early termination, the Employee should give a 60 day notice in written to the Employer.

Too long.  30 days is nice enough, to help them out.  60 days is crap. 

Quote
During the term of this agreement, the Employee will accept, obey and comply with the instructions, supervision, training and discipline of the Employer of the Language Institute. These duties will include but not limited to instruction for regular classes, administrative duties related to the Employee’s classes, class preparations, student placement testing, student evaluations, attendance at scheduled instructors’ meetings, and workshops and extracurricular duties (Lunch-time table classes, Field trip etc.) as may be assigned by the Employer. The Employer is to set standards of performance for the Employee and is empowered to take reasonable steps necessary for assuring that those standards are met.

A lot of stuff here, and most of the extracurricular stuff is unpaid.  'Lunch-time table classes' are crap, you may enjoy it for a week, but on the whole, they are illegal as you are still 'working'.  Your lunch break is your time only.

There is nothing to say how many classes you teach a day, or who you teach.  Considering you start at 9:30am, I'd be very wary of kindergarten teaching. 

Quote
All Employees are to be punctual and arrive at school by 9:30. If an Employee is late 3 times, it will count as a day absence and the pay will be deducted accordingly.

This would be illegal as the crime does not fit the punishment.  For example, if you are late three times by 20 minutes they can deduct a whole day's pay?  Sorry no.

Quote
If this day falls on a national holiday, Saturday, or Sunday, the salary will be paid on the next business day.

You are already paid on the tenth, which is too late, and then to compound that, if it is a holiday then they pay you on the proceeding day?  Not good.

Quote
On the condition that this contract is completely satisfied and that employment lasts for one year,

There is no 'completely satisfied', you finish the contract, you get severance. 

Quote
Work exceeding the required amount as described in .(above) will be considered overtime. Overtime pay will be calculated on an hourly basis and will be paid \18,000.

As you have no idea how many contracted classes you have, how can they talk about overtime?  Past 6:30pm is overtime?  When?  18 000 won is low, as well. 

Quote
Provided that the Employee submits medical certification (limited to serious illness or hospitalization) from the hospital designated by the Employer, the Employee is allowed a maximum of 5 unpaid sick days per year.

Jeez, thanks.  Unpaid?  Hospitalization?  Wow.  Why bother even writing this clause in. 

Quote
If any of the employee’s immediate family dies during the term of the contract, the Employee may request a 5 days of Bereavement Leave to attend the funeral.

First nice clause, but then again this could be, and probably will be unpaid. 

Quote
The Employee will be provided with the furnished housing by the employer. All fees, charges, costs, taxes, expenses, general maintenance fee, etc.  Incurred in using the housing will be borne by the employee.  In case the Employee would not like housing provided, he/she may request a monthly allowance of 300,000 won instead.

All fees and charges?  What are they?  Costs and expenses?  Ok.  Taxes?  What?  Again, this is a terribly written clause, also missing the list of stuff that will be provided with the house.

Quote
The Employer will provide a one-way ticket to the Employee at the beginning or end of their employment.

 ;D  But where?  To their hometown?

Quote
The Employee is to be covered by the medical insurance law. 50% of the insurance premium and pension will be paid by deduction from the Employee’s salary.

This clause is way too thin in detail.  While it seems you will get medical insurance, it doesn't mention about how it is a 50/50 payment for you and your boss each month.  The pension is also the same.  It only mentions your half.  If they pay pension then it should be NHIC, which is a must.  You would also need to get pay slips to make sure they are deducting correctly.

Quote
In addition to the above two reasons, if the employer decide that there is any reason to dismiss the employee, the employer can dismiss the employee without 30 days notice.

The first two dismissal clauses are kind of void with this third one.  Basically, they can fire you if they want without notice.

Good: Return ticket.

Ok: But unsure:  Pension, health.

Not good:  Working lunch, not teaching hours stated, 2.1 is low, especially as you have no idea how many hours you will teach.

This contract has good bits, but I don't like how it is written.  The Korean version prevails and I'm sure it is longer than this one.  Are there other teachers at the school you can talk to?  I would proceed very cautiously with this one. 

Online dalkyr

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Re: Contract Review Please!!!
« Reply #3 on: January 12, 2018, 11:23:30 AM »
Good: Return ticket.

I'm not 100% sure it actually *is* a return ticket...

Quote
Airfare
The Employer will provide a one-way ticket to the Employee at the beginning or end of their employment.

The "or" is worrisome. My impression is that it would be "and" if it were a return. "or" implies that it's "We'll fly you here *OR* fly you home if you're already in Korea."

Possibly an artifact of the already-mentioned bad translation, possibly not.

Offline Dave Stepz

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Re: Contract Review Please!!!
« Reply #4 on: January 12, 2018, 11:31:10 AM »
Good: Return ticket.

I'm not 100% sure it actually *is* a return ticket...

Quote
Airfare
The Employer will provide a one-way ticket to the Employee at the beginning or end of their employment.

The "or" is worrisome. My impression is that it would be "and" if it were a return. "or" implies that it's "We'll fly you here *OR* fly you home if you're already in Korea."

Possibly an artifact of the already-mentioned bad translation, possibly not.

Good spot Dalkyr and good review as always. 

Maybe it is good for someone already in Korea, so they can just transfer across and then take the flight at the end of the contract, or someone new can take the flight to start and then transfer to another school at the end of the contract.  Seems to work both ways.  But definitely not a 'return'.  :sad:

I have my holiday head on today as it's my last day of camp...  :-*

Offline sojuadventurer

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Re: Contract Review Please!!!
« Reply #5 on: January 12, 2018, 01:11:07 PM »
Yuck. Run, don't walk, away from this atrocity!  :huh: :huh: :huh: