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Author Topic: Is this contract okay?  (Read 355 times)

Offline dannyh124

  • Newgookin
  • Posts: 2
  • Gender: Male
Is this contract okay?
« on: November 19, 2018, 08:07:42 PM »
Hi guys, I'm new to ESL and just wanted to check if this contract was okay or if there was anything I should question? I noticed that the amount of holiday is not defined but is this normal? I'd prefer to have a set number written but was unsure if this was the norm or not.



1.   Employment, Visa, Documents
a.   The Institute hereby agrees to employ the Teacher as described herein below. The Institute hereby agrees to provide the necessary documents to the Teacher to obtain an appropriate employment visa in Korea and the Teacher hereby declares that s/he possesses the documents required to obtain said visa and agrees to make these documents available to the Institute upon request at any time during the contract period. The Institute will not hold any of these documents for more than the time required to satisfy applicable Korean laws.

b.   The Institute is responsible for the costs associated with applying for the visa in Korea as noted for the Teacher.

2.   Contract Term
The term of this contract starts on March 01, 2019  and will terminate on February 28, 2020. The contract may be renewed or extended with the agreement of both parties. The Teacher will indicate his/her interest in renewing or extending the contract, in writing, at least two calendar months before its termination. The Institute will indicate acceptance or rejection of the Teacherís interest in renewal or extension within five business days. Both parties may then extend or re-negotiate this contract as they see fit.

3.   The Teacherís Teaching and Related Duties 
a.   The Teacher will behave professionally and will strive to uphold the good reputation of the Institute while conducting classes, interacting with students and parents, and while interacting with the community in general.

b.   The Teacher will be required to work five days per week, Monday to Friday. Irregular trainings, special events, and orientation sessions may require teachersí attendance on weekends.

c.    During the orientation or training periods the Teacher will be paid 30,000 Korean won per day. The basic salary will be paid from the actual teaching starting date.

d.   The Teacher will teach up to 148 hours per month between the hours of 9:00 am to 7:30 pm (Monday thru Friday).The daily schedule will be set by the school director and maximum of four Saturday classes in a year. (Overtime will apply if it exceeds four Saturdays in a year.)

e.   The Teacher is required to adequately prepare for all classes and devote the time required to complete the preparatory and administrative tasks that are normally associated with teaching the children.
These include:
   i.   Conducting classes as scheduled
ii.   Preparing materials for classes.
iii.   Planning and team meetings as required by the RISE approach.
iv.   Student assessment and reporting.
v.   Communicating with cooperating Korean teachers and/or administration as necessary for the maximum possible benefit of students.
vi.   Attendance at meetings, workshops, and special events as reasonably required by the institute.

f.   The Teacher is expected to dress appropriately when present at the Institute or when engaged in any Institute-related activities. In addition, Teachers should be clean-shaven, or keep their beards neatly trimmed, and keep their hair neatly styled. Visible tattoos and piercings (other than single ear piercings) may not be acceptable. The Institute reserves the right to inform Teachers of unacceptable attire/appearance. The Teacher hereby agrees to follow the Instituteís directives in this regard.
4.   Salary
The Institute will pay the Teacher a monthly salary of 2,500,000 Korean won per month for 148 hours of teaching per session of 20 working days. (In the case where there are less than 20 working days due to extra public holidays etc., the extra days must be made up on the day designated by the institute.) This wage is provided as compensation for all services rendered, including all class preparations, related class work, and reports that might be required in addition to working hours. If the Teacherís scheduled teaching hours fall below that outlined in Section 3d, the Institute may ask the Teacher to make up the difference through administrative or curriculum development work, which may or may not be related to the classes the Teacher is teaching. Monthly salary will be paid on the 10th of the following month. Korean income taxes and Korean National Pension tax deductions will be withheld.

5.   Overtime
The Teacher may be required to teach up to three hours of overtime per week. Overtime will be paid at 20,000 won per hour and paid at the time of the monthly salary. Duties outlined in Section 3e will not count towards the calculation of overtime. While holidays are paid in full, time not actually spent teaching (including holidays) will not count towards the calculation of overtime.

6.   Severance Pay
a.   Upon completion of the full contract term, the Institute will pay the Teacher one full monthís salary as severance pay, as per the Korean Labor Standard Law.

b.   If the Teacher leaves the Institute before the end of the contract term, no severance will be paid.


7.   Air Transportation
a.    Upon completion of full contract term, the Institute will issue the teacher a one-way economy ticket to where the Teacher departed from.

8.    Housing
a.   The Institute will provide the Teacher with single accommodation. The Institute is responsible for paying the rent. The Teacher is responsible for paying his/her share of all utility bills, including electricity, water, gas, cable, internet and telephone. If the building charges a security or maintenance fee, this is also the Teacherís responsibility.

b.    The Institute reserves the right to deduct unpaid utility bills or the costs of avoidable damage to the apartment, from the Teacherís salary. Receipts can be provided upon request for any such withholding of salary.

9.   Holidays and Vacation
a.   In addition to the usual national holidays (some national holidays may be used for make-up classes as it explained in section 4), the Teacher will be given summer and winter vacation to be determined by the Institute director.

b.   No deduction from salary will be made for national holidays or other holidays; however, hours not worked on these days does not count in the computation of overtime pay.


10.   Emergency Leave, Sick Days, Other Absences
a.   Absences result in deduction of pay..

b.    The Teacher needs to be punctual to work. The actual missing working hours for the day will be deducted from the Teacherís salary.

11.   Medical Insurance, National Pension Conditions
a.   The Institute will enrol the Teacher in the Korean Health Insurance Plan. Medical Insurance & National Pension are split 50:50 by the employee and employer. The cost of premiums will be shared by the Teacher and the Institute at the rates stipulated by the Government of Korea. This premium will be deducted from the Teacherís salary. Pre-existing medical conditions and dental are not covered.

b.   The Teacher understands that extended periods of illness and/or serious injury that results in an extended inability to perform the duties of employment may seriously harm the Instituteís business and may result in termination of the Teacherís employment. In such cases, all outstanding salary will be paid to last day worked. The Institute further agrees to provide reasonable assistance in dealing with local hospitals, doctors, and the Teacherís family in such cases.

12.   Termination of this Contract
a.   Both parties agree to provide a minimum of 60 daysí written notice of their intention to terminate this contract.

b.   In the event that an unusual number of students or parents complain about the Teacherís classes, or if there is a noticeable decline in enrollment that can be reasonably attributed to the Teacherís teaching methods, the teacher will be formally notified of such. S/he will be afforded a 30-day period in which to remedy the situation. During this period, the Institute may require the Teacher to observe other Teachersí classes and/or alter his/her teaching methods. If, at the end of this 30-day period, the situation has not improved, the Institute may terminate the Teacherís employment. The Institute will be the sole judge of such improvement or lack thereof.

c.   The Institute reserves the right to terminate the Teacherís employment immediately, for the Teacherís behavior as follows:

i.   Repeated absences of two consecutive days without the doctorís note, tardiness, or insufficient preparation without valid excuses.
ii.   Unauthorized paid teaching or other employment for any entity or individual(s) other than the Institute.
iii.   Use of alcohol, or any other intoxicant.
iv.   Anything that has negative impact upon the execution of the Teacherís duties, or which has a substantially negative impact upon the reputation of the Institute.
v.   Violation of any laws of Korea.
VI.   Any behavior that threatens the physical safety or security of students or Institute staff.
VII.   Receive two warning letters from the institute. Any violation of section 12c and cause negative impact upon working environment such as, not following instructions set forth by the directors or the supervisors may result in getting warning letters.

d.    If the Teacher is dismissed for serious cause, as outlined in section 12c of this contract, the Teacher agrees to return the plane ticket provided upon arrival and no severance will be paid.


13.   Venue for Disputes
The applicable laws of Korea will govern this agreement. While both parties enter into this agreement with honesty and integrity, disputes may sometimes occur. In such cases, both parties will be bound by all the terms and conditions of this contract and will try to resolve their differences in a manner that is fair to both parties and results in the least inconvenience to both.

If you have any insight into whether this is a good contract or not please let me know. thank you!

Online Renma

  • Waygookin
  • *
  • Posts: 23
Re: Is this contract okay?
« Reply #1 on: November 20, 2018, 08:19:25 AM »
Hi guys, I'm new to ESL and just wanted to check if this contract was okay or if there was anything I should question? I noticed that the amount of holiday is not defined but is this normal? I'd prefer to have a set number written but was unsure if this was the norm or not.



1.   Employment, Visa, Documents
a.   The Institute hereby agrees to employ the Teacher as described herein below. The Institute hereby agrees to provide the necessary documents to the Teacher to obtain an appropriate employment visa in Korea and the Teacher hereby declares that s/he possesses the documents required to obtain said visa and agrees to make these documents available to the Institute upon request at any time during the contract period. The Institute will not hold any of these documents for more than the time required to satisfy applicable Korean laws.

b.   The Institute is responsible for the costs associated with applying for the visa in Korea as noted for the Teacher.

2.   Contract Term
The term of this contract starts on March 01, 2019  and will terminate on February 28, 2020. The contract may be renewed or extended with the agreement of both parties. The Teacher will indicate his/her interest in renewing or extending the contract, in writing, at least two calendar months before its termination. The Institute will indicate acceptance or rejection of the Teacherís interest in renewal or extension within five business days. Both parties may then extend or re-negotiate this contract as they see fit.

3.   The Teacherís Teaching and Related Duties 
a.   The Teacher will behave professionally and will strive to uphold the good reputation of the Institute while conducting classes, interacting with students and parents, and while interacting with the community in general.

b.   The Teacher will be required to work five days per week, Monday to Friday. Irregular trainings, special events, and orientation sessions may require teachersí attendance on weekends.
vague

c.    During the orientation or training periods the Teacher will be paid 30,000 Korean won per day. The basic salary will be paid from the actual teaching starting date.
You could do an 8 hour session for 30k.

d.   The Teacher will teach up to 148 hours per month between the hours of 9:00 am to 7:30 pm (Monday thru Friday).The daily schedule will be set by the school director and maximum of four Saturday classes in a year. (Overtime will apply if it exceeds four Saturdays in a year.)
This is an insane amount of hours. 37 hours of teaching per week plus saturday classes (4 of which are unpaid). As a contrast, public schools wont have you working above 22 hours typically. Plus you have to be at work for 10.5 hours a day. You will be exhausted and burn out.

e.   The Teacher is required to adequately prepare for all classes and devote the time required to complete the preparatory and administrative tasks that are normally associated with teaching the children.
These include:
   i.   Conducting classes as scheduled
ii.   Preparing materials for classes.
iii.   Planning and team meetings as required by the RISE approach.
iv.   Student assessment and reporting.
v.   Communicating with cooperating Korean teachers and/or administration as necessary for the maximum possible benefit of students.
vi.   Attendance at meetings, workshops, and special events as reasonably required by the institute.
this is a lot.

f.   The Teacher is expected to dress appropriately when present at the Institute or when engaged in any Institute-related activities. In addition, Teachers should be clean-shaven, or keep their beards neatly trimmed, and keep their hair neatly styled. Visible tattoos and piercings (other than single ear piercings) may not be acceptable. The Institute reserves the right to inform Teachers of unacceptable attire/appearance. The Teacher hereby agrees to follow the Instituteís directives in this regard.
4.   Salary
The Institute will pay the Teacher a monthly salary of 2,500,000 Korean won per month for 148 hours of teaching per session of 20 working days. (In the case where there are less than 20 working days due to extra public holidays etc., the extra days must be made up on the day designated by the institute.) This wage is provided as compensation for all services rendered, including all class preparations, related class work, and reports that might be required in addition to working hours. If the Teacherís scheduled teaching hours fall below that outlined in Section 3d, the Institute may ask the Teacher to make up the difference through administrative or curriculum development work, which may or may not be related to the classes the Teacher is teaching. Monthly salary will be paid on the 10th of the following month. Korean income taxes and Korean National Pension tax deductions will be withheld.
The salary is nice for a first job but I wouldn't do it for those hours.

5.   Overtime
The Teacher may be required to teach up to three hours of overtime per week. Overtime will be paid at 20,000 won per hour and paid at the time of the monthly salary. Duties outlined in Section 3e will not count towards the calculation of overtime. While holidays are paid in full, time not actually spent teaching (including holidays) will not count towards the calculation of overtime.

6.   Severance Pay
a.   Upon completion of the full contract term, the Institute will pay the Teacher one full monthís salary as severance pay, as per the Korean Labor Standard Law.

b.   If the Teacher leaves the Institute before the end of the contract term, no severance will be paid.


7.   Air Transportation
a.    Upon completion of full contract term, the Institute will issue the teacher a one-way economy ticket to where the Teacher departed from.

8.    Housing
a.   The Institute will provide the Teacher with single accommodation. The Institute is responsible for paying the rent. The Teacher is responsible for paying his/her share of all utility bills, including electricity, water, gas, cable, internet and telephone. If the building charges a security or maintenance fee, this is also the Teacherís responsibility.

b.    The Institute reserves the right to deduct unpaid utility bills or the costs of avoidable damage to the apartment, from the Teacherís salary. Receipts can be provided upon request for any such withholding of salary.

9.   Holidays and Vacation
a.   In addition to the usual national holidays (some national holidays may be used for make-up classes as it explained in section 4), the Teacher will be given summer and winter vacation to be determined by the Institute director.
This needs to be concrete. Plus working national holidays would suck.

b.   No deduction from salary will be made for national holidays or other holidays; however, hours not worked on these days does not count in the computation of overtime pay.
I think this is saying if you don't work on a red day, they will make you do overtime without recompense to make up for it?


10.   Emergency Leave, Sick Days, Other Absences
a.   Absences result in deduction of pay..

b.    The Teacher needs to be punctual to work. The actual missing working hours for the day will be deducted from the Teacherís salary.
Vague. 1 minute late = 1 hour deducted?

11.   Medical Insurance, National Pension Conditions
a.   The Institute will enrol the Teacher in the Korean Health Insurance Plan. Medical Insurance & National Pension are split 50:50 by the employee and employer. The cost of premiums will be shared by the Teacher and the Institute at the rates stipulated by the Government of Korea. This premium will be deducted from the Teacherís salary. Pre-existing medical conditions and dental are not covered.

b.   The Teacher understands that extended periods of illness and/or serious injury that results in an extended inability to perform the duties of employment may seriously harm the Instituteís business and may result in termination of the Teacherís employment. In such cases, all outstanding salary will be paid to last day worked. The Institute further agrees to provide reasonable assistance in dealing with local hospitals, doctors, and the Teacherís family in such cases.

12.   Termination of this Contract
a.   Both parties agree to provide a minimum of 60 daysí written notice of their intention to terminate this contract.
I believe legally it's 30.

b.   In the event that an unusual number of students or parents complain about the Teacherís classes, or if there is a noticeable decline in enrollment that can be reasonably attributed to the Teacherís teaching methods, the teacher will be formally notified of such. S/he will be afforded a 30-day period in which to remedy the situation. During this period, the Institute may require the Teacher to observe other Teachersí classes and/or alter his/her teaching methods. If, at the end of this 30-day period, the situation has not improved, the Institute may terminate the Teacherís employment. The Institute will be the sole judge of such improvement or lack thereof.

c.   The Institute reserves the right to terminate the Teacherís employment immediately, for the Teacherís behavior as follows:

i.   Repeated absences of two consecutive days without the doctorís note, tardiness, or insufficient preparation without valid excuses.
ii.   Unauthorized paid teaching or other employment for any entity or individual(s) other than the Institute.
iii.   Use of alcohol, or any other intoxicant.
iv.   Anything that has negative impact upon the execution of the Teacherís duties, or which has a substantially negative impact upon the reputation of the Institute.
v.   Violation of any laws of Korea.
VI.   Any behavior that threatens the physical safety or security of students or Institute staff.
VII.   Receive two warning letters from the institute. Any violation of section 12c and cause negative impact upon working environment such as, not following instructions set forth by the directors or the supervisors may result in getting warning letters.

What happened to the notice period? I. is extreme imo. VII. leaves a lot of room for abuse.

d.    If the Teacher is dismissed for serious cause, as outlined in section 12c of this contract, the Teacher agrees to return the plane ticket provided upon arrival and no severance will be paid.
expect a dismissal before finishing your contract, and then to lose your severance and to pay for your flight ( I don't think they mentioned providing an arrival flight?)


13.   Venue for Disputes
The applicable laws of Korea will govern this agreement. While both parties enter into this agreement with honesty and integrity, disputes may sometimes occur. In such cases, both parties will be bound by all the terms and conditions of this contract and will try to resolve their differences in a manner that is fair to both parties and results in the least inconvenience to both.

If you have any insight into whether this is a good contract or not please let me know. thank you!

Not a good contract I would say. Look elsewhere

Offline MaximusPrime

  • Veteran
  • **
  • Posts: 206
Re: Is this contract okay?
« Reply #2 on: November 20, 2018, 10:09:13 AM »
I would have to say no way. Almost 40 hrs of actually teaching a week and you need to then create material and do marking +++.
The mention of having to make up red national holidays? No mention of holidays.... give me a break. Sounds like they just wanna work you 12 hrs a day and not give anything. Some less pay for your health and sanity would be well worth it IMO.

Offline SuperDoodle23

  • Super Waygook
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  • Posts: 364
  • Gender: Male
Re: Is this contract okay?
« Reply #3 on: November 20, 2018, 10:22:36 AM »
Jesus Christ. Is this contract real? 30 teaching hours is probably the absolute max that you would want to take as a new teacher. Even at 30 teaching hours a week you might get flustered and want to quit. You can find way better than this. You are basically only making a few extra hundred thousand won per month more than a standard newbie contract. ( 2.1 or 2.2 ) Is an extra 50 bucks a week worth teaching those extra classes? You are going to be putting in a LONG work day and do realize that teaching kids can be exhausting. Do understand that when you factor in your hourly rate along with what you are getting paid that you will be essentially making what a Burger King worker would be making.

Offline dannyh124

  • Newgookin
  • Posts: 2
  • Gender: Male
Re: Is this contract okay?
« Reply #4 on: November 20, 2018, 12:16:03 PM »
Ah thank you guys! you've told me all the things I was worried about but thought I was just being too picky. What is a red holiday? I don't understand the concept of making up red holidays. Regardless I'll give them a thanks but no thanks. thanks for taking the time to read it :)

Online Renma

  • Waygookin
  • *
  • Posts: 23
Re: Is this contract okay?
« Reply #5 on: November 21, 2018, 07:56:39 AM »
Ah thank you guys! you've told me all the things I was worried about but thought I was just being too picky. What is a red holiday? I don't understand the concept of making up red holidays. Regardless I'll give them a thanks but no thanks. thanks for taking the time to read it :)

A red day is a term for national holidays. Where it says 'however, hours not worked on these days does not count in the computation of overtime pay' makes it sound to me that they will make you do extra classes but not pay overtime for them.

Offline SuperDoodle23

  • Super Waygook
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  • Posts: 364
  • Gender: Male
Re: Is this contract okay?
« Reply #6 on: November 21, 2018, 08:23:55 AM »
Ah thank you guys! you've told me all the things I was worried about but thought I was just being too picky. What is a red holiday? I don't understand the concept of making up red holidays. Regardless I'll give them a thanks but no thanks. thanks for taking the time to read it :)

I don't mean this to be mean, but it sounds like you should read up A LOT before you even think about signing a contract. If you don't know what red days are and if you need help understanding that the contract you posted is completely insane then it shows that you need to research more.  I have been here for about 5 years and whenever it is time to sign with a new school I usually email about 100 recruiters and will reject the first 10 or so offers that come my way because they are usually pretty terrible . Recruiters and schools will be very eager to throw the less desirable jobs at you because nobody else wants to work there. It's much better to spend a few extra months to research, weed out the trash,  and to find a good position than it is to get here and find out the school is a living hell.

Once you sign the contract and come over it will be much more difficult to get out of it if things go south. A lot of the problems that new teachers find themselves in is mainly due to them not doing enough research. There are some good schools here in Korea, but there are a lot of really shady terrible ones too. If a school or recruiter isn't cooperating then quickly find another. These people are mass spamming people to find people fresh off the boat college grads so you should use similar tactics to tilt things more in your favor. Good luck to you!