March 19, 2019, 02:00:47 PM


Author Topic: Can you check this contract please?  (Read 573 times)

Offline TravelGirl

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Can you check this contract please?
« on: March 04, 2019, 04:46:40 AM »
Hello all,
New to the forum and planning a move to Korea. I would just like to ask for your help to review this contract.
I wasn't really sure what to look for, but some parts look overly harsh or strange. Thanks in advance.

EMPLOYEE REQUIREMENTS

1 The Employee will act in an appropriately professional manner and be responsible for conducting professional English Language classes.

The Employee will be required to work for regularly scheduled hours from Monday through Friday (In a special case like lunar new year or Choosuk holiday, one of the Saturdays or a national holiday in the month which includes a Korean traditional holiday can be exchanged with a weekday off to secure the convenience of the students and their parents), 20 class periods of teaching per week, (each class is 80 minutes), or a total of 80 classes of teaching per a month.

The Employee is required to attend the events held by The Employer such as workshops, year ending party, retreats, academic seminars, level tests, special occasions etc.

The employee will work from (2:00 p.m.) until (10:00 p.m.) unless mutually agreed upon otherwise by both parties. For summer and winter intensive schedule the employee will be required to work from (11:30 a.m.) until (8:30 p.m.).

III. SERVICES PROVIDED BY THE EMPLOYER

PAYMENT
1.1 The Employer will pay a monthly salary of 2.2 million won for regularly scheduled hours on the tenth of the month.

1.2 The Employer will pay a monthly salary of 2.2 million won in the event that the Employer is unable to provide the Employee with the regularly scheduled 80 classes per month.

1.3 If the Employee fails to work the regularly scheduled hours due to tardiness, absence, etc.; the monthly payment will be calculated and paid using a daily rate and/or an hourly rate. The method of calculating daily rate: Monthly salary divided by 30. The method of calculating hourly rate: Daily rate divided by 8.

1.4 The Employer may ask the Employee to work over time (the Employee is expected to cooperate to supply better service to his or her students), and if the Employee works overtime, the Employer will pay for the overtime at the rate of W 25,000 per class period (class periods are 80 minutes). ( Workshops are not included.)

1.5 The Employer will pay a monthly salary or the total sum of amount for one full month of work on the 10th of the each month. In the case the employee doesn’t start working on the very first day of the month his/ her working days for the month will be counted from the day when he/ she started working a regular schedule. If the employee arrives before he or she is required to begin teaching his or her own classes, said employee will receive training pay, which is 70% of the agreed salary, until the first teaching semester begins.

1.6 Korean income taxes(3.3%) from the Employee’s gross pay will be withheld.

HOUSING
2.1 The Employer will provide the Employee a single apartment (in this case, the same apartment in which the employee currently lives for the duration of this contract barring any unforeseen circumstances, legal or otherwise, that would prevent the employer from upholding this agreement) in a safe environment with certain furniture items (bed, washing machine, gas range, refrigerator, TV, a table suitable for taking meals, fan or air conditioner, some utensils, cookware and cleaning supplies) and the apartment will be provided at no cost to the Employee with the exception of utilities, phone bills, TV installation and internet hook ups. 2.2 The employee should have the duty preserving the housing and the furniture items provided by the employer until the termination of this contract. If they are destroyed, the employee should restore them to the original state or pay the cost needed in purchasing the same level of the substitutes of them. 2.3 The employer will deduct 200,000won from each of the employee’s first three months of pay to make a total of 600,000won as a housing management deposit. This deposit is to cover any unpaid monthly service or utility bills in the event the employee fails to pay for any service or goods which she/he used throughout the contract. 400,000won will be returned after six months. The last 200,000won will be used to pay your final bills. The remaining amount will be deposited into your home account.

AIRFARE
3.1 A round-trip airfare (standard economy ticket) from the Employee’s designated city to Korea before departure will be provided only for the Employee who will be fulfilling four full semesters period and who has been hired outside of Korea. This is not applicable if hired within Korea. If the employee leaves the school before six (6) months, the employee must payback the initial airfare and agent fee which is approximately 1.5 million won or the employer may deduct the amount of airfare from the teacher's last payment. In the event that the employee wishes to stay in Korea at the end of his or her contract rather than returning to his or her home country, or in the event that said employee wishes to personally purchase his or her return ticket, he or she will receive a bonus sum of money equivalent to the cost of a return ticket at the end of the contract. The bonus amount will be determined by the prices of return tickets approximately 2 months before the contract end date.

3.2 In the event when the airfare is paid by the Employee him/herself before departure, the airfare will be reimbursed by the Employer to the employee after the issuance of an E-2 Visa from Korean Immigration Office. The reimbursement is subject only to the Employee who will be fulfilling four full semesters of employment period and has been hired outside of Korea. This is not applicable if hired within Korea.

LODGING
4.1 The Employer will provide lodging, if necessary, for the Employee’s stay for the orientation and training period at a facility provided by the Employer. The Employer has the right to remove the Employee from their apartment after his/her contract end date.

The Employer will pay 50% of the premium for the Employee’s health plan, which is provided by the Employer and are administered through the Employer. The Employee will be responsible for rest of the costs.

SEVERANCE PAY

The Employer will pay severance to the Employee upon completion of contract. The amount of the severance pay will be the same of a month salary (2.2 million won), and if necessary, applicable government deductions will be subtracted.

7 Pension Pension tax for an average monthly salary is approximately 4.5% pension is divided 50/50 between teacher and school school does not deduct the teacher's monthly salary for pension tax, the school save the teacher's pension tax and returns the pension to the teacher once the teacher completes the contract. It's about half of payment. This is not Korea's pension plan, it's the school's pension plan for the teacher.

PAID VACATION
8.1 The Employee will receive 14 days of paid vacation including Saturday and Sunday. 5 of the vacation days including Saturday and Sunday are “fixed” within summer semester .The remaining days which include Saturday and Sunday can be requested off by the employee after he or she has completed 6 months of the contract. (These days may be taken simultaneously with the employee’s as long as timing issues related to class substitution can be sorted out beforehand). The time off must be requested at least a month in advance. Requesting time off does not guarantee its approval as it may create a conflict in scheduling. Employees should arrive in his or her accommodation before the work day to get ready for the next day if leaving the country or domestic travel for a vacation. 8.2 If an employee is too ill to attend work, each workday missed due to illness will be deducted from their allotted vacation days.

Dress code At all times during the term of this contract, males and females should dress neat in a “business casual” manner. This means no jeans or T-shirts. The employee shall dress in semi-formal office attire.
IV. RENEWAL & TERMINATION OF CONTRACT

RENEWAL
1.1 The Employee must give the Employer a written 90-day notice before renewal or non-renewal of the Employee’s current contract. 1.2 Both the Employer and the Employee reserve the option to renew the contract.

TERMINATION OF CONTRACT
2.1 The Employee will give at least a written 90-day notice prior to the termination date of the contract. a. If the employee breaks the terms of the contract and gives a notice of less than 90 days, the employee will be subject to a penalty of 1 day’s salary for each day for which they do not give notice.

2.2 The Employer retains the right to terminate the contract immediately if: a. 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. b. The Employee teaches off the Employer’s property. c. The Employee uses illegal drugs or is intoxicated during work hours. d. The Employee participates in any type of criminal activity of corruption of public moral that violates the laws of the Republic of South Korea. e. The Employee receives 3 times of written warning letter from the Employer. A warning letter can be issued for any of the following.  Not following the advice and direction of the Principal and Academic Director.  Verbal abuse towards students or staff members.  Physical misconduct directed towards students or staff members.  Unexplained absences from work.  Arriving late without notice or reason.  Breaking any or the stipulations agreed to by School and Instructor in the signed contract. f. The employee tells the others about his/ her own employment contract especially salary and other conditions related to finance details.

2.3 If, for any reason, the contract is terminated before the full completion of the contract period: a. The Employee will not qualify for benefits such as severance pay and the airfares. b. The Employee will be wholly responsible for any utilities/maintenance and phone bills remaining for the duration of their housing lease.

2.4 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.

V. VENUE FOR DISPUTES BETWEEN EMPLOYER AND EMPLOYEE 1. The appropriate laws of the Republic of Korea will govern this contract. However, while both parties enter into this agreement with total honesty and integrity, disputes may sometimes occur. In such cases, both parties will be bound by all terms and conditions of this contract and will try to resolve the difference in a civil manner that is fair to both parties. In the event that no solution can be found for a problem and either party decides to terminate this contract, they must do so in accordance with Section IV, 2 above. Upon such termination, both parties will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.

VI. FULL KNOWLEDGE

GOOD FAITH The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss the Employee without what reasonably is considered good cause and the Employee will do their utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above agreement.

CHANGES TO CONTRACT The Employer and the Employee agree that they have read the entirety of this Employment Contract and no other verbal agreement, statement or promise made on or before the effective date of this contract will be binding on the parties. Any changes made must be in writing and signed by both parties to be included in this contract. Any changes made to this contract, whether verbal or other, without the knowledge and written consent of both parties are to be considered invalid, and as such are not parts of this contract.

TRANSFERAL OF CONTRACT Under no circumstances can the Employer exchange, give, sell, or transfer this contract or the services of the Employee to another party or Institute without the written consent of the Employee.

LANGUAGE OF CONTRACT The language of this contract is written in English. For convenience of the employer this contract may be translated into Korean upon request and prior to the signing of this document. In event of a dispute, the English version of this contract will prevail.

VII. ADDITIONS TO CONTRACT All other matters not stated above will be based on Korean relevant laws and regulations including The labor standard Act, Regulations about employment and Lykeion Language Forum regulations.

Online waygo0k

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Re: Can you check this contract please?
« Reply #1 on: March 04, 2019, 08:45:34 AM »
Quote
1.3 If the Employee fails to work the regularly scheduled hours due to tardiness, absence, etc.; the monthly payment will be calculated and paid using a daily rate and/or an hourly rate. The method of calculating daily rate: Monthly salary divided by 30. The method of calculating hourly rate: Daily rate divided by 8.

ILLEGAL

Quote
If the employee leaves the school before six (6) months, the employee must payback the initial airfare and agent fee which is approximately 1.5 million won or the employer may deduct the amount of airfare from the teacher's last payment.

ILLEGAL

Quote
If the employee breaks the terms of the contract and gives a notice of less than 90 days, the employee will be subject to a penalty of 1 day’s salary for each day for which they do not give notice.

ILLEGAL

Quote
7 Pension Pension tax for an average monthly salary is approximately 4.5% pension is divided 50/50 between teacher and school school does not deduct the teacher's monthly salary for pension tax, the school save the teacher's pension tax and returns the pension to the teacher once the teacher completes the contract. It's about half of payment. This is not Korea's pension plan, it's the school's pension plan for the teacher.

Guess who gets in trouble if the authorities find out? (Hint: NOT the school!)

Quote
The Employee will receive 14 days of paid vacation including Saturday and Sunday. 5 of the vacation days including Saturday and Sunday are “fixed” within summer semester .

 :laugh: :laugh: :laugh: :laugh: :laugh: :laugh:

Just...no. This is a common trick/scam too many teachers fall for and willingly accept.

Quote
The Employer retains the right to terminate the contract immediately

No, after your first six months, they are required to give you at least 30 days by law, after which they MUST pay you your final monthly salary with the necessary tax/pension/health insurance deductions ONLY (no other deductions such as 'penalty', 'bills' etc). Inside your first six months, they can technically dismiss you immediately and pay you pro-rata if you haven't completed the full month, but still can only deduct the necessary government payments from your final pay.

Overall a standard hagwon contract, with a few shady elements I'd try to negotiate better terms for. If they're willing to work with you and make the necessary amends, great! If not, I'd be very wary.


« Last Edit: March 04, 2019, 08:49:44 AM by waygo0k »

Offline Ronnie Omelettes

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Re: Can you check this contract please?
« Reply #2 on: March 04, 2019, 09:13:53 AM »
i will highlight two things...

Quote
20 class periods of teaching per week, (each class is 80 minutes), or a total of 80 classes of teaching per a month.

for an example, elementary public school teachers work a 'contracted' maximum of 22 x 40 minute classes a week (880 minutes a week).  what you would be working here is slightly less than double that (1600 minutes).  that alone is burn out.

Quote
7 Pension Pension tax for an average monthly salary is approximately 4.5% pension is divided 50/50 between teacher and school school does not deduct the teacher's monthly salary for pension tax, the school save the teacher's pension tax and returns the pension to the teacher once the teacher completes the contract. It's about half of payment. This is not Korea's pension plan, it's the school's pension plan for the teacher.

don't try and fool us.  there is no health insurance, so this is sneaky way to take your money so you don't run.  that is all this is.  'it's the school's pension plan for the teacher' no it's 'school's insurance so you don't run away'.  this alone would be grounds to send to it to the pension office as evidence of illegal activities at this school.

plenty of other illegal stuff.  this contract stinks of a school that can't keep hold of their teachers and with seemingly good cause.  what I will add to waygook's post, that he didn't highlight, was it's not taking the flight money back that is illegal, it's the 1.5 million agent fee.

Online waygo0k

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Re: Can you check this contract please?
« Reply #3 on: March 04, 2019, 12:45:18 PM »
I referenced the whole part about flights and quitting early.

They can't legally take anything back from your paycheck that is not government related, whether it's the agent's fee or the flight money.

The best they can do (legally) is pay you fully, and then ask you to pay them back...which you have no legal obligation to do. If they really want that money, they would then have to sue you in a civil case, and spend more on lawyer and court fees than they would've actually gotten back from you, assuming they could win the case in the first place.


Offline Ronnie Omelettes

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Re: Can you check this contract please?
« Reply #4 on: March 04, 2019, 02:05:04 PM »
if that were the case then public schools would also be part of that illegality.  if someone quits their public contract early, they take the flight cost from their paycheck, which is why most people do a runner to avoid all this.  salary and the contract bonus are taxable whereas the contract renewal and flight are not.  different rules for those two kinds of payments.  problem with 'agents fees' is that proof is very hard to obtain for the foreign teacher.  the schools can just make something up.  if 1.5 million is a true figure, then recruiters would have to just place three teachers to get their money, which I find hard to believe.  if the foreign teacher bought the flight ticket, then they have hard evidence to try and claim back if everything goes toots up.  hagwons are shady as shit on this stuff. 

Quote
3.2 In the event when the airfare is paid by the Employee him/herself before departure, the airfare will be reimbursed by the Employer to the employee after the issuance of an E-2 Visa from Korean Immigration Office. The reimbursement is subject only to the Employee who will be fulfilling four full semesters of employment period and has been hired outside of Korea.

this clause even contradicts that clause all together, four full semesters?  two years?  also, if they don't like you in your first two weeks, and you bought your own ticket, then you're up shit street.  i think we both agree this is a god-awful contract and shouldn't be touched by anyone.  basically, someone took a dump on some paper and wants someone to sign it.

Online waygo0k

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Re: Can you check this contract please?
« Reply #5 on: March 04, 2019, 02:23:11 PM »
Public schools are different, they work under the authority of the government. So if they say you should do something and you say no, you'd essential be fighting the government, which probably means you'd never work for a public school in Korea again (or at least for a very long time).

Even in the standard EPIK/GEPIK contract, the clause states "In the case of the Employee's resignation without fulfilling the full year term, the Entrance allowance and settlement allowance shall be paid back to the employer, and the exit allowance shall be forfeited".

By law nobody can deduct anything from your salary other than tax and mandatory contributions (health insurance, pension etc). The best they can do is implore you to pay them back ASAP, and then proceed to take legal action if you don't. 99.9% of hagwons won't bother to go this far.

Agreed it's a shitty contract. At least it's 2pm - 10pm and not those 9am - 7pm ones we're seeing more of these days.

Offline TravelGirl

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Re: Can you check this contract please?
« Reply #6 on: March 04, 2019, 09:29:52 PM »
Thank you all, I really appreciate it. Ultimately I have decided to look elsewhere.
The school is Lykeion Language Forum in Suwon and I've noticed a lot of negative buzz about them online anyway with lots of teachers leaving before the contract is up (maybe why the weird clauses are in there), and people complaining about illegal contracts. I wasn't sure what to look for in a contract and thought that perhaps this was the norm.

Also the guy I was speaking to at the agency was telling me I was lucky to find this as there are "no hagwon jobs in central Seoul" but I suppose he is just pushing to get his referral fee or whatever from the school.

Offline Ronnie Omelettes

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Re: Can you check this contract please?
« Reply #7 on: March 05, 2019, 07:36:22 AM »
Thank you all, I really appreciate it. Ultimately I have decided to look elsewhere.
The school is Lykeion Language Forum in Suwon and I've noticed a lot of negative buzz about them online anyway with lots of teachers leaving before the contract is up (maybe why the weird clauses are in there), and people complaining about illegal contracts. I wasn't sure what to look for in a contract and thought that perhaps this was the norm.

Also the guy I was speaking to at the agency was telling me I was lucky to find this as there are "no hagwon jobs in central Seoul" but I suppose he is just pushing to get his referral fee or whatever from the school.

definitely, not the norm.  there are okay hagwon contracts, and bad hagwon contracts and then there is this one.

you should use as many recruiters as possible, I looked at and was offered 40+ contracts before deciding that the hagwon route was not worth it.  don't be hurried into it, it's an important decision and you don't want to have a miserable time after flying around the world to work.  but don't trust what they say.  as you said they want their fee and will say anything to get you placed. 'no hagwon jobs in central Seoul'???   :laugh: 

Online waygo0k

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Re: Can you check this contract please?
« Reply #8 on: March 05, 2019, 12:05:32 PM »
Good on you OP!

Remember the golden rule...recruiters are NOT your friends. Their objective, as you stated, is getting that commission, even if it means sending you to a hellwon for a year.

Good luck with your search!

Offline voittaa

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Re: Can you check this contract please?
« Reply #9 on: March 08, 2019, 09:47:56 AM »
Good on you OP!

Remember the golden rule...recruiters are NOT your friends. Their objective, as you stated, is getting that commission, even if it means sending you to a hellwon for a year.

Good luck with your search!

Totally. Take your time. Use several different recruiters. Tell them what you want and don't be afraid to say no a lot.