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Author Topic: First Kindergarten contract- Help review please!  (Read 599 times)

Offline jbarua

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First Kindergarten contract- Help review please!
« on: July 09, 2018, 09:28:24 PM »
Hello! This is the first time I'm considering taking a kindergarten position. I would appreciate some help looking at this contract and seeing if there's anything I should be wary of. They are offering a key deposit of 5 million won as well.


II. CONTRACT DURATION   
It is hereby agreed between the School and the Instructor that the Instructor shall teach at the School starting from Aug. 15th 2018 and ending Aug. 14th  2019(The starting date of the contract is the Instructor’s first day of teaching at the School.)

If the Instructor wishes to renew his/her contract at the end of one year, he/she must inform the School two months prior to the end of one year’s service, and the contract may, if both parties agree, be renewed at that time for another year by mutual agreement.

III. SCHEDULE   
The maximum number of regular teaching hours is set at 30 hours per week, Monday through Friday, for each week of the month (i.e 120 hours for a 4 week month/ 132 hours for a 4 week and two days month.) Teaching hours are calculated by instruction time spent in the classroom; classroom preparation time is not included in the 120-132 hours.

It is mandatory for the Instructor to attend regular workshops and parent days on Saturdays; 3 times per year, which are headed by the head office.  These workshops or parent days do not count towards the 120-132 monthly teaching hours (refer to SCHEDULE section A).

Graduation Ceremony:  Once or twice per year Gaon Language School produces a ceremony for all kindergarten students. All students perform various skits and songs arranged by the Korean teachers and Instructor. The Instructor will be required to contribute to the  evelopment of these materials, as well as regular rehearsals and attend the Graduation Ceremony.  The Graduation Ceremony does not count toward the 120-132 monthly teaching hours (refer to SCHEDULE section A).

IV. TEACHER’S SALARY
 
The Instructor’s total monthly salary shall be 2,200,000 won. A severance pay bonus equivalent to 2,100,000 won will also be paid at the end of the contract.

On completion of the Instructor’s responsibilities at the end of the contract period, a severance pay of 2.1 million won will be paid.  The severance pay will only be paid at the completion of the contract.

If the Instructor teaches, by mutual agreement of the Instructor and Institute, additional teaching hours over and above 30 hours per week; overtime compensation at 20,000 won per hour shall be paid for those hours.

The Instructor’s salary will be paid monthly on the designated day from the following working month. This will be the 15th day of each month. In case of starting day were in the middle of a month (i.e. 19th of a month), the salary will be calculated until the end of the month (30th or 31st of a month).  This computed salary will be paid on the 15th of the following month.

V. VACATION TIME
The Instructor shall enjoy approximately 10 days of paid vacation in addition to all Korean national holidays, and Saturdays and Sundays.  The paid vacation will normally be more than 10 days for summer and more than 5 days for winter. The schedule is due to change in accordance to the School’s schedule.

VI. SICK LEAVE/ ABSENCE / TARDINESS 

Documented sick leave and emergency leave will be paid for a combined total of 3 working days a year.  However, 3 consecutive days of absence, sick leave or emergency leave is not allowed.

The Instructor should provide the Institute with as much advance notice as possible.   The Instructor should submit a doctor’s prescription to the School for approving sick leaves.  Unused sick leave may not be converted into any cash payment.  If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, one hundred and fifty thousand Korean won (150,000 won) per day shall be subtracted from the following month’s salary.  The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law.

If the Instructor is tardy to a class by more than 10 minutes without notification, the equivalent of one hour’s pay will be deducted.

VII. RESPONSIBILITIES OF TEACHER 

The Instructor is expected to devote no less than 2 hours a day at the Institute for the lesson planning with co-teachers, student evaluation, syllabuses, assessments, report cards, field trips, consultations with parents, supervision of play, maintenance of the English environment during breaks, workshops, staff meetings, and upgrading one’s professional knowledge and skills without additional pay.  The work week will follow the yearly academic calendar issued by the School.

The Instructor’s working hours (9:00 AM – 4:30 PM) shall be determined by the School’s schedule.  However, the teaching schedule can be changed according to the School’s schedule.

The Instructor shall respect the Korean people’s moral standards and customs.

Any form of physical punishment will not be allowed by the Instructor.

The Instructor is responsible for familiarizing him or herself with all Institute materials relevant to teaching at the School.  The Instructor shall faithfully teach and train students at the School.

VIII.  AIRFARE TO KOREA AND FROM KOREA

The Instructor’s one-way economy class or regular class airfare to Korea will be paid by the School or the School will reimburse the Instructor in case of the Instructor purchasing the ticket(in case the instructor comes from his/her own country.). Return airfare to the Instructor’s home country shall be paid by the School upon completion of the 12 month contractual teaching period.  Return airfare will not be provided if the Instructor leaves the School prior to completion of the 12 month teaching period.  The arrival airport shall be an international airport near the Instructor’s home (not a domestic airport).

IX. HOUSING

The Institute will provide a housing allowance of 500,000won per month instead of a private single housing.
 
Cost of utilities, including lighting, heat, and water, shall be borne by the Instructor.

X.  INCOME TAX 

Approximately 3.3% per month of the Instructor’s salary shall be deducted by the School as withholding tax as provided by Korean law.


XI. KOREAN HEALTH INSURANCE
The Instructor will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization.  The cost of this coverage will be borne half by Institute and half by the Instructor.  The Instructor’s share of this coverage will be deducted from Instructor’s monthly salary.


XII. PENSION 

The pension fund is a payment implemented by the government to protect the Instructor in case of a tragedy or retirement, which are the only cases the money is refunded to the Instructor. The School is required to contribute an amount equal to 9% of Instructor’s salaries to the national pension fund. This fund is comprised of 4.5% borne by the School, and another 4.5% payment borne by the Instructor, deducted from monthly salary.  Instructor’s contributions to the national pension program are not tax deductible. (This national pension contribution is capped at a monthly salary of 3,000,000 won. Thus, the maximum monthly pension contribution to be paid by an employee is 135,000 won.)

XIV. ADDITIONAL DUTIES 

The Instructor is required to conduct him/herself in a professional manner and to wear neat attire while at the School. Casual clothing is acceptable, provided that it is neat and clean.

The following forms of behavior will not be permitted:

Not following scheduled class timetables and dismissing, canceling, or starting classes late without prior approval of the Institute’s director.

Conducting classes while under the influence of alcohol, while smoking, or under the influence of illegal drugs.

Making sexual advances towards, or entering in to relationships with students or employees of the same school.

The Institute shall have the right to terminate this contract it the Instructor violates the contract or fails to conduct him/herself in a professional manner.  At least 4-week termination written notice must be given to the Instructor in such case.  In this case, the Institute has no duty to give severance pay bonus and return airfare to the instructor.

If the Instructor wishes to voluntarily resign from employment before the completion of this contract the Instructor must provide written notice to the Institute at least 8 weeks before the resignation.

For a dismissal or voluntary resignation within 8 months of this Contract period, amount of all airfares (including Japan trip cost in case the Instructor came to Korea by tourist visa) will be deducted from the Instructor’s last monthly salary.

The Instructor cannot work for other schools or companies without the consent of the School.

XV. CONCLUSION 

Both parties have carefully read this contract; they have agreed to its terms in good faith; and they will attempt to resolve any disputes which may arise in accordance with the terms of the contract, and in a reasonable manner.  All disputes which cannot be resolved by the parties to this contract will be resolved through the legal system of Korea in accordance with Korean law.

Offline m.corless

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Re: First Kindergarten contract- Help review please!
« Reply #1 on: July 10, 2018, 04:01:30 AM »
I would be a bit worried about "approximately" a number of vacation days. Especially with hagwons they set their school schedule and in general you're expected to be there when school is open. So how come they can't tell you how many days the school will be closed in the year?

Why is the severance pay not equal to one month's pay? Legally severance is an average of pay over the last 90 days of the contract, so if you were to take unpaid time near the end (a fourth day of sick leave or unpaid vacation time) that would contribute to less severance.

You don't have to give 8 weeks notice of resignation.

Other than that it seems like not much money for 30 hours of kindergarten classes every week and a few Saturdays, but that's personal preference :)

Offline jbarua

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Re: First Kindergarten contract- Help review please!
« Reply #2 on: July 11, 2018, 06:22:50 AM »
They made a mistake with the severance, so I got that fixed. The holiday thing I thought was weird too... apparently they set the days according to HQ so they don't know in advance.

The pay is a bit low, but the workload is super light, (kindy only) and they are doing housing allowance and key money. So that's why I'm agreeing it it.

Thanks so much!

Offline Cyanea

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Re: First Kindergarten contract- Help review please!
« Reply #3 on: July 11, 2018, 10:25:44 PM »
You don't have to give 8 weeks notice of resignation.

I asked the labour board about this and their answer was... you have to give however much notice you agree to in the contract.

Of course its not illegal to simply walk off your job without any notice at all. But if you do so, you could open yourself up to paying damages to the owner for lost profits, if they can show that your sudden departure caused them problems.

Catch my drift?

Offline Kolao

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Re: First Kindergarten contract- Help review please!
« Reply #4 on: July 12, 2018, 10:59:21 AM »
If this is an example of the pathetic contracts being offered in Korea these days it boggles the mind why anyone would go there. Teaching Kindergarten would be a nightmare in itself, but 30 teaching hours a week plus at least 2 hours a day preparing?!? Really??? Someone wants to sign this?

That's whacked, man.

I make the same salary for 18 hours a week (12 X 90 minute classes) with no lesson plans to make, no desk-warming and 3 months paid vacation and I live in SE Asia, a tropical paradise. You know, the place where so many ESL teachers in Korea go on their measly 10 days a year vacation.

'Tis to laugh.
When the wicked are confounded, and consigned to flames of woe, call me.

Offline Dave Stepz

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Re: First Kindergarten contract- Help review please!
« Reply #5 on: July 12, 2018, 11:04:25 AM »
You don't have to give 8 weeks notice of resignation.

I asked the labour board about this and their answer was... you have to give however much notice you agree to in the contract.

Of course its not illegal to simply walk off your job without any notice at all. But if you do so, you could open yourself up to paying damages to the owner for lost profits, if they can show that your sudden departure caused them problems.

Yep, you sign you stick to it.  Along as it doesn't go against the basic notice period in Labour Law then if it's longer, you gotta do it. 

Also right, if you're sick of Korea and want to leave then just go.  You don't have to give any notice.  They're not going to chase you back home.  If you want a LOR and then get a new job, then obviously that changes things. 

Offline Cyanea

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Re: First Kindergarten contract- Help review please!
« Reply #6 on: July 12, 2018, 06:48:47 PM »
and I live in SE Asia, a tropical paradise.

Vietnam? Thailand?

No doubt your work conditions are better, but you don't make much money now do you.
« Last Edit: July 12, 2018, 06:50:26 PM by Cyanea »
Catch my drift?

Offline Kolao

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Re: First Kindergarten contract- Help review please!
« Reply #7 on: August 17, 2018, 03:48:00 PM »
and I live in SE Asia, a tropical paradise.

Vietnam? Thailand?

No doubt your work conditions are better, but you don't make much money now do you.

I clear US$2200/month base salary. $26/hr for extra time if I except it cuz a teacher called in sick. No deskwarming. No lesson plans. No observation classes. It's also a full time job. There are no "sign a new contract every year if they want you" scenarios. Oh yeah, 3 months paid vacation. One of which I just started.

Contrary to what too many people think, there are great jobs out there that aren't in Korea.
« Last Edit: August 17, 2018, 03:50:48 PM by Kolao »
When the wicked are confounded, and consigned to flames of woe, call me.

Online sligo

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Re: First Kindergarten contract- Help review please!
« Reply #8 on: August 18, 2018, 03:13:45 PM »
Isn't it illegal to teach English in Kindergarten?

Offline solveit

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Re: First Kindergarten contract- Help review please!
« Reply #9 on: August 18, 2018, 09:21:35 PM »
Isn't it illegal to teach English in Kindergarten?

Not in a hagwon. Only in a Korean kindergarten.

Offline theman3285

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Re: First Kindergarten contract- Help review please!
« Reply #10 on: August 20, 2018, 02:17:25 PM »
and I live in SE Asia, a tropical paradise.

Vietnam? Thailand?

No doubt your work conditions are better, but you don't make much money now do you.

I clear US$2200/month base salary. $26/hr for extra time if I except it cuz a teacher called in sick. No deskwarming. No lesson plans. No observation classes. It's also a full time job. There are no "sign a new contract every year if they want you" scenarios. Oh yeah, 3 months paid vacation. One of which I just started.

Contrary to what too many people think, there are great jobs out there that aren't in Korea.

What country are you in?