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Does this afterschool job contract sound reasonable?
« on: February 03, 2017, 09:26:13 pm »
I highlighted a few things that seemed off to me. This will be my third teaching contract in Korea, and I'm available to transfer my visa at the beginning of the new school year in March. So, I feel like I have a bit of negotiation room?
Thank you in advance!

...

1.Priority of employer

Immigration law requires that visa sponsorship be granted through the physical address of the assigned public elementary school. However, it is the employer that is responsible and liable for the employee as well as the English classes occurring in the school facilities. Therefore, the employee must sign a contract with the public school for the purpose of obtaining a visa as well as with the employer which governs all terms and conditions of employment. The employee should be aware that the employer (the company) has actual responsibility for running English class prior to the contract with the school.

2. Commencement

1.1 This contract will begin on ______________ and continue until_____________ unless terminated as set out in clause 4.
1.2 In case there is a postponement of the first starting date, the starting date of the contract will also be changed in correspondence with the first teaching date.
1.3 On the unexpected events such as the closing of the English class in the school or in other special circumstances the employer may request the employee to change location of the working area, and the employee is required to do so.
1.4. Extension of the contract must be confirmed by both parties two months prior to the end of the contract.
1.5. Conduct by the school teachers need to be surveyed by parents and students for satisfaction of lectures and classroom management. According to the survey results [employer] will decide whether to keep the contract or not.

3. Job description

3.1 Duties and responsibilities of the employer:

3.1.1 Submit all the documents and services required by the school for maintenance of the employee’s contract with the school:
3.1.1.1 Visa documents. The employer is not responsible for any fees or costs incurred to obtain an apostilled copy of university diploma, apostilled copy of national criminal background check, Korean health check, public school health check or the visa transfer fee required by immigration.
3.1.2 Take responsibility for all expenses that occur to run this program:
3.1.2.1 Teacher’s salary, from which taxes shall be deducted.
3.1.2.2 Teacher’s accommodation as specified in 10.
3.1.2.3 Student books and supplementary materials
3.1.2.4 Curriculum
3.1.2.5 Korean staff
3.1.2.6 Administrative expenses
3.1.2.7 If the teacher requires supplementary materials, they have the authorized discretion to make purchases after consulting the Korean partner teacher
3.1.2.8 Provide a maximum of three days of training, observation, and orientation to familiarize the employee with company policies and prepare them for their classroom assignment.

3.2 Duties and responsibilities of the employee.
3.2.1 Act in good faith to present themselves in a professional, ethical and courteous manner to the school principal and staff, the students and their parents, and to the general community. To this end the employee will:
3.2.1.1 Provide an apostilled university degree, apostilled national criminal record check, and a Korean medical checkup report at their own expense.
3.2.1.2 Be groomed and dressed in a manner approved by the school.
3.2.1.3 Behave in a professional and dignified manner both during working hours and outside working hours.
3.2.1.4 Remain sensitive to the culture and expectations of Korean students, their    parents
and the school.
3.2.2 In order to maintain the quality of lessons, the teacher is required to:
3.2.2.1 Be fully prepared for each of their lessons.
3.2.2.2 Participate in all scheduled meetings and training sessions facilitated by the employer.
3.2.2.3 Follow the curriculum provided for them by the employer.
3.2.2.4 Adhere to the standards of classroom management determined by the employer and the school:
3.2.2.4.1 By disciplining students only in a manner approved by the school.
3.2.2.4.2 By maintaining the classroom to a level of cleanliness and safety approved by the school.
3.2.3 Complete and submit all required administrative work via email to the central office by the required time and/or date.
3.2.3.1 A daily attendance report (within one hour of the completion of the last class)
3.2.3.2 Weekly report describing assignments and behavior issues due to the head teacher.
3.2.3.3 Brief daily meeting with partner teacher to discuss classroom issues.
3.2.3.4 Be fully prepared for midterm and Final exam
3.2.3.5 Student evaluations (by a date specified by the employer).
3.2.3.6 Lesson plans as and when required by the employer and by the school.
3.2.3.7 If required by the school, to sign an attendance sheet at the school
3.2.3.8 Calling to report absence is the responsibility of the employee. Failure to notify management of an absence will be considered a voluntary termination.

3.2.4 Additional duties and responsibilities.

3.2.4.1 Have the responsibility of counseling the students and their parents.
3.2.4.2 In consultation with their partner teacher deal with all administrative problems occurring in and outside of class (tardiness, absence, disruptive students, etc).
3.2.4.3 Assess potential students.
3.2.4.4 Make short telephone calls to the students of the two most advanced classes once a month for the purpose of practicing conversation
3.2.4.5.1 The employer will provide a phone to make calls.
3.2.4.5.2 The employee should provide assistance to the Korean teacher with regards to classroom matters and operation of the classroom.
3.2.4.6 The employee is expected to arrive one hour before their first class and notify the head teacher of their arrival by phone or email as well as record their daily arrival and departure time.
3.2.4.7 Attend any parents meetings associated with opening a new school as well as meet with the principal of the school.

3.2.5 Responsibilities of the employee regarding accommodation
3.2.5.1 The employee is responsible for paying monthly rent on the provided accommodation on time each month.
3.2.5.2 All fees associated with accommodations such as maintenance fees and utility bills are the responsibility of the employee.
3.2.5.3 The employee is directly responsible for any fees paid to the realtor which transpire during the acquisition of the accommodation for the employee.
3.2.5.4 The employer as the contractor who pays the housing deposit and makes the housing contract under the employer’s name instead of the employee, has the full right to place a hold on the employee’s salary until the employer does the exact calculations of overdue housing payments, such as rent, maintenance fees, utility bills, and/or repair bills.


4. Termination of employment

4.1 By employer:

4.1.1.1Inability to undertake contracted duties and responsibilities (see 3.2), absence, negligence and the failure to observe the employer’s right of secrecy.
4.1.1.2 Failure to attend training and meetings, tardiness, and failure to meet reasonable deadlines shall be regarded as negligence.
4.1.1.3 The employee is found to be not qualified for teaching through the survey of students, parents and the school.   
4.1.1.4 The employee can’t keep the classroom clean and keep up the supplies, materials, and classroom facilities 
4.1.1.4.1The cases above, the contract can be immediately terminated by the manager if there is sufficient evidence that the teacher has defaulted on the obligations as specified in this contract. The teacher will be given fair warning before hand and given a chance to rectify the situation. If this does not happen the manager will notify the school and have the teacher/school contract terminated
4.1.1.5. If the number of students is not enough to manage the program because of employee’ inability and irresponsibility by the judgment of the employer, the employer dismiss the employee with 30-day advance notice. . (Article 32 of the Labor Standards Act of Korea)
4.1.1.6. Breaching conditions of the E2 visa.
4.1.1.7. Creating and spreading false information
4.1.1.8. Intentionally damaging the school or the accommodation.
4.1.1.9. Theft, embezzlement or falsification of records.
4.1.1.10. Sexual harassment, d will not be tolerated by the employer or the school and if any such behavior by the teacher is found to be true then termination of the contract shall be given and legal actions may follow.
4.1.1.11. If the Employee violates the laws of Republic of Korea
4.1.1.10.1 The cases above (4.1.1.6~11), the employer will immediately cancel the E-2visa of the employee and replace the employee with a new employee. The employer will not have any responsibility for indemnity related to the contract termination. The employee shall be liable for reimbursement of the costs of the E2 visa, including administrative fees, airfares and accommodation monthly rent for the remaining period of the housing contract and realtor fee including actual economical damage for this contract regardless of the working period.
4.1.1.11 Any fees or future rent payments relating to the provided employee housing is the responsibility of the employee and shall be deducted from the employee’s salary.
4.1.1.12 In case of early dismissal of the contract term, the employer shall pay the employee for the number of days worked in that particular month out of 22 working days a month.

4.2 By the employee.

4.2.1 The employee must complete a minimum of three months of the contract before they can terminate it.
4.2.1.1 After the three month period the employee is required to give a minimum of 2 month written notice prior to the termination date to release from the contract. However, the employee’s last day must coincide with the finish date of the current term. If the employee does not complete the current twelve week term the employer will not release the employee nor compensate them.
4.2.1.2 The employee shall be liable for the monthly rental payment on the provided accommodation until a new tenant is found. If the employee cannot find a new tenant, the employer will deduct two months of rent, utility bills, and the realtor fee from employee’s salary .     

4.2.1.3 The employee should be liable for reimbursement of the costs of the E2 visa, including administrative fees, airfares and sundry costs for this contract.
4.2.1.4 If the employee does not pay any of the above penalties to the employer, the employer shall deduct the penalty amount from the employee’s paycheck and shall cancel the employee’s visa immediately.

5.  Salary.

5.1 Monthly salary.

5.1 A monthly salary of --- and 400,000won  in monthly housing allowance shall be paid in Korean currency according to the condition of each contract. .
5.1.1 The teacher is responsible for payments of all personal taxes on the teacher's salary according to Korean Laws.
5.2 For first time employees the employer will withhold 200,000 won from each of the first two salary payments to be repaid upon confirmation of the employee paying all utility bills for the duration of the contract. If a housing contract is not needed by the employee this money shall not be held. (OP Note: Why do they say they can hold salary for this purpose if they already are holding this money?)
5.3 The employee’s salary period will commence from the first day of actual teaching (after the orientation and training period). The payment for the days in preparation work ( level tests) regarding the opening of a new school will be calculated at 50% of the normal pay based on the number of calendar days in that month.
5.3.1 The salary will be paid one month and 10 days after the first actual teaching day.
5. 3.2If the salary falls on Saturday or Sunday, the payment shall be made on the next business day unless prior arrangement is made. If the salary falls on the vacation period, the payment won’t be paid until the working day
5.4 The final month’s salary will be paid after the last payment from the school is made.
5.5 In case of employee worked before starts contract period( such as assisting level test or attending presentation etc.) shall get ₩50,000Korean Won per one day.

5.6 Completion bonus.

5.6.1 A completion bonus of one month’s salary --- won shall be paid on the last day of the final teaching session. The completion bonus will be paid after all fees relating to employee accommodations are finalized. The completion bonus (severance payment) will include the employee’s monthly salary but not the monthly housing allowance.

6.  Hours of work.

6.1. The employee shall work (12:00~6:00) hours a day and normal teaching hours are 13:00-18:00 or14:00~19:00 Monday to Friday and the employee is required to complete the number of 60 working days per a term of 12 weeks.
6.2.1 A small number schools may start earlier or later but will maintain the number of classes.
6.2.2 The employee shall be at the school 1hour before the commencement of the first teaching hour.
6.2.3 Summer and winter vacation hours may be rescheduled to a morning time and the employer can change the number and the period of classes within teaching hours (5hours per day)
6.2.4 Normal teaching hours may change, but must not exceed 25 hours per week.
6.3 In addition to normal teaching hours, the employee is expected to give sufficient time for lesson preparation, marking, student assessments, etc. (See 3.2.2.1)
6.4 The employee is required to level test new students outside normal teaching hours.
6.4.1 On rare occasions, level tests may be required on Saturdays.

6.5.1 The employer can change the number and the period of classes during the school winter vacation in order to complete a term in less than 60 working days only in the winter term. During the school winter vacation there will be a period of (3~4) weeks depending on the school situation, when the work hours change to a morning schedule. During this time the class duration will also change to 50 minute classes.

7.  Public Holidays and School Holidays.

7.1 All Korean national holidays shall be observed.
7.1.1 Such days falling on a Saturday or Sunday shall not be taken in lieu.
7.2 If there is a school holiday at school’s own discretion during the term (the day of school event, school holidays, typhoon, natural disaster, etc) and the employee has to make up for missed classes on Saturday within the same term after having it approved by the employer. If the school is not allowed to make up on Saturday, the employee should take unpaid leave.

8. Paid Vacation.

8.1 There shall be 10 paid vacation days (one in summer and the other in winter) during the contract year .
8.1.1The employer shall decide when the vacation days may be taken by the employee.
8.1.1.1 The employer shall give 1 month notice of the schedule.
8.1.2 Unused vacations are not valid at the end of the contract, nor compensated by money equivalent, and can’t be extended to the next year contract.
8.1.3 Because the school year is finished at the end of February, we have no classes during the first week of March. Therefore, we recommend the teacher take a paid vacation in the first week of March.
9. Accommodation.

9.1 The employer will provide the employee with a private apartment and the employer is responsible for the deposit (5million) and monthly rental (400,000won).
9.1.2 The employee is directly responsible for the Realtor’s fee paid to the realtor.
9.1.3 The employee is responsible for all utility costs.
9.1.4 The employee is responsible for all unreasonable damage caused by themselves or their guests.
9.1.5 If the employee chooses, the employer will pay 400,000 won per month in lieu of providing accommodation.
9.1.6 The employee is liable for all monies and fees related to the accommodation including rent for the duration of the lease period and any realtor’s fees associated with accommodations.
9.1.7 The employer may withhold the salary of the employee until all fees associated with the housing contract are paid in full.
9.1.8 If the housing contract ends after the terminating date of this contract the employee is responsible for finding a new tenant to take over the housing contract or reimbursing the employer for all fees associated with the housing contact when their employment ends.

10. Absence through illness or employees negligence.

10.1 The employee may request a leave of absence without pay with an advanced notice to the employer at least 12 hours before the first class of the day.
10.2 The employee must submit a medical certificate or relevant document to prove the emergency situation the following day.
10.3 In case of leaves of absence and there is a substitute available, the class will not be canceled and the employer will hire a substitute teacher to fill in for the employee and 1day salary will be deducted for the substitute teachers pay
10.4 In case of leaves of absences without pay, if there is no substitute available, the class will be canceled and the employee must supplement the lesson on a Saturday within that calendar month.
If the employee fails to supplement the classes due to personal circumstances, 1 day salary will be deducted.   
10.5 In case of leave of absence of 2 consecutive days or more due to a serious illness of an employee, the employer shall consider the possibility of an early dismissal of the contract of the employee, after a discussion with employee’s medical doctor and the school.

11.  Medical Insurance and  National Pension.

11.1 If the employee wishes to have medical insurance the employer agrees to a 50/50 split in fees. In order to obtain Korean national health insurance the employee must also be enrolled Korean national pension fund. (No mention of matching pension?)

12. Principle of Good Faith

12.1 This agreement will be governed by the appropriate laws of the Republic of Korea. Both parties understand and agree to the contract and through the principle of Good faith, provide signatures and keep one contract each.


  • ART55
  • Adventurer

    • 72

    • August 29, 2012, 01:11:00 pm
    • Pohang
Re: Does this afterschool job contract sound reasonable?
« Reply #1 on: February 03, 2017, 10:15:04 pm »
I didn't look through everything, sorry, but are you an F-visa or an E-2 visa?  And is there anyway that you can switch to F-visa during this contract.  Afterschool programs are awesome.  Probably one of the best jobs ESL teachers can get before opening their own tutoring business. However, there is a reason why afterschools are great and that is because they are accommadating to F-visas.  Almost every job posts for an F-visa.  They can pay an F-visa just a base salary (often really high) and don't have to do anything extra to get them housing, benefits, or visa.  It is really difficult for afterschools to sponsor visas and often they have no capital at all to set teachers up with flights and housing and signing bonuses.  Really, this isn't like a hagwon where they are running on last months capital, an afterschool functions just a month-by-month basis and one or two months a year they might not be getting any revenue at all due to vacation.

If you are an F-visa and do your job well, everything about your work can be negotiable.  But if you are looking for this company to sponsor an E2, I would reconsider.  This isn't the kind of job where a hagwon or public school can accommodate the needs of an E2, at an afterschool an E2 will always need to accommodate the needs of the program. 


  • Aurata
  • Expert Waygook

    • 924

    • July 10, 2016, 09:51:51 pm
    • Korea
    more
Re: Does this afterschool job contract sound reasonable?
« Reply #2 on: February 04, 2017, 12:28:32 am »
1.5. Conduct by the school teachers need to be surveyed by parents and students for satisfaction of lectures and classroom management. According to the survey results [employer] will decide whether to keep the contract or not.

This doesn't seem "off" to you?

This kind of assessment is nonsense. You can be an excellent teacher 364 days of the year but if some mother doesn't like you then you are binned in an instant?

This is the problem with A/S gigs. Your longevity depends on the opinion of your worst students. If one kid decides to tell mom he doesn't like you (maybe because you tried to restrain him from bullying other students?) then you will be out the door.

Your co-worker and employer will always pander to the opinion of their paying customers, no matter how wrong they are.

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3.2.1.1 Provide an apostilled university degree, apostilled national criminal record check, and a Korean medical checkup report at their own expense.

Make sure they will be happy with notarised copies. because you already submitted these docs to immigration.

Quote
3.2.2.4.1 By disciplining students only in a manner approved by the school.

That's a joke, by the way.

There is no discipline allowed. The kids are allowed to behave as badly as they like and if anything happens its always the waygooks fault. If you so much as make them stand in the corner you open yourself to mommy complaining.

Quote
3.2.2.4.2 By maintaining the classroom to a level of cleanliness and safety approved by the school.

= you have to mop and clean the classroom.

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3.2.4.2 In consultation with their partner teacher deal with all administrative problems occurring in and outside of class (tardiness, absence, disruptive students, etc).

There's nothing you can do about any of those problems if your co-T and company will not support you.


Quote
3.2.4.7 Attend any parents meetings associated with opening a new school as well as meet with the principal of the school.

Ah yes. the principal. if you do not grovel and lisp like a captured hostage at that first tea-meeting with the principal, you're done for.

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4.1.1.1Inability to undertake contracted duties and responsibilities (see 3.2),

its very vaguely worded. Basically they can terminate you for any thing at any time.

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failure to observe the employer’s right of secrecy.

Its not surprising so many A/S companies require "secrecy" because they are so shady.

Quote
4.1.1.3 The employee is found to be not qualified for teaching through the survey of students, parents and the school.

...there you go again. Little min-su didn't like you making him stay behind after class..so he told mommy you are a bad teacher. That means you have been found to be "not qualified" by "the survey of students".

 

I don't have time to go through the whole contract, but my advice is, after doing two A/S jobs,..is, avoid them like the plague.
A/S gigs take the worst elements of hogwons and amplify them off the scale.


Unless you win the lottery and get the almost impossible combination of factors in your favour  (great Co-T with good chemistry toward you, small classes, motivated students from a good neighbourhood, principal who likes you on sight alone, head teacher who likes you, all of the students liking you without exception, company supervisor who likes you, company head who likes you, classes that discipline themselves, all of the mothers liking you on sight) ...then you will be totally powerless and in an unwinnable situation.
Imagine your Korea...


Re: Does this afterschool job contract sound reasonable?
« Reply #3 on: February 07, 2017, 07:16:14 pm »
I didn't look through everything, sorry, but are you an F-visa or an E-2 visa?  And is there anyway that you can switch to F-visa during this contract.  Afterschool programs are awesome.  Probably one of the best jobs ESL teachers can get before opening their own tutoring business. However, there is a reason why afterschools are great and that is because they are accommadating to F-visas. 

I understand what you're saying. I do have an E-2 visa. This job provides housing deposit and allowance, so I feel they are unusually accommodating to E-2 visa holders. But, I'm starting to worry maybe they have to be due to high turnover. I don't think I will be eligible to switch to F-visa anytime soon.


Re: Does this afterschool job contract sound reasonable?
« Reply #4 on: February 07, 2017, 07:32:10 pm »
1.5. Conduct by the school teachers need to be surveyed by parents and students for satisfaction of lectures and classroom management. According to the survey results [employer] will decide whether to keep the contract or not.

This doesn't seem "off" to you?

This kind of assessment is nonsense. You can be an excellent teacher 364 days of the year but if some mother doesn't like you then you are binned in an instant?

This is the problem with A/S gigs. Your longevity depends on the opinion of your worst students. If one kid decides to tell mom he doesn't like you (maybe because you tried to restrain him from bullying other students?) then you will be out the door.

Quote
3.2.4.7 Attend any parents meetings associated with opening a new school as well as meet with the principal of the school.

Ah yes. the principal. if you do not grovel and lisp like a captured hostage at that first tea-meeting with the principal, you're done for.


I don't have time to go through the whole contract, but my advice is, after doing two A/S jobs,..is, avoid them like the plague.
A/S gigs take the worst elements of hogwons and amplify them off the scale.

Unless you win the lottery and get the almost impossible combination of factors in your favour  (great Co-T with good chemistry toward you, small classes, motivated students from a good neighbourhood, principal who likes you on sight alone, head teacher who likes you, all of the students liking you without exception, company supervisor who likes you, company head who likes you, classes that discipline themselves, all of the mothers liking you on sight) ...then you will be totally powerless and in an unwinnable situation.

Thank you for your detailed input. I guess I was getting a little too hopeful that this was one of the good Afterschool jobs. The first part you mentioned didn't feel off to me because
I feel like most jobs (Korea or otherwise) can find any reason to fire you if they want to badly enough. I have really great recommendations from my last two schools and I don't feel too worried about making a good impression with a principal or parents. But, I have certainly had one or two students that I know have complained about me in the past and I know my prior schools have supported me because they thought I handled the situations appropriately.So, working for a school where they pander to the child who doesn't want to do their work over the teacher trying to manage a classroom definitely doesn't appeal to me. Also, if all the students are happy with the exception of one, it seems extreme to fire a teacher over that and go through the expense and hassle of hiring another teacher just to please a single parent-- especially at a public school a/s program.

Have you had any good experience working for afterschool programs? Are there any companies you would recommend looking into?

The things I highlighted were the parts that I thought were implying that I would be working a good amount outside of my working hours- teacher meetings, phone calls, level tests, etc. that just seems like an opportunity for the school to take advantage of the teacher, making them come in Saturdays and stay late.


Re: Does this afterschool job contract sound reasonable?
« Reply #5 on: February 07, 2017, 07:51:52 pm »
tl;dr Run away

Seriously, this contract explicitly disclaims a whole bunch of legal requirements.  One that jumped out was about vacation not being compensated if it's unused.  Any complaints will be met by the employer trotting out the contract and hoping the rubeemployee doesn't know their rights.


  • Aurata
  • Expert Waygook

    • 924

    • July 10, 2016, 09:51:51 pm
    • Korea
    more
Re: Does this afterschool job contract sound reasonable?
« Reply #6 on: February 08, 2017, 12:34:34 am »
if all the students are happy with the exception of one, it seems extreme to fire a teacher over that and go through the expense and hassle of hiring another teacher just to please a single parent-- especially at a public school a/s program.

You would think so, wouldn't you?

But the dynamic at play is not that obvious.

If the company can get rid of a teacher before the year is up, they save on severance. I was the third teacher in a year at my school.

There's an unlimited supply of new recruits because the pay and hours are more attractive than hogwons. So they have no problem re-filling the positions over and over. Also they can easily get rid of you when the school contract finishes, which is unlikely to be on the same date as your year-long contract with the company finishes.

This is where it starts to get shady. Usually they make you sign two different contracts. One is for immigration, the other is the real one they operate by. If immigration finds you have signed two contracts simultaneously, you get deported (and nothing happens to the company).


Also the way they view it, one mother can spread rumours and ruin a schools reputation. The mother mafia controls the school via the parent-teacher meetings. The school principals will defer to whatever the mothers say, because they get government money for every child they have in their A/S program. So they pander to every whim of the mothers, who never get an accurate picture of what is happening. Your co-worker will likewise never say anything to contradict a mother, they simply defer to whatever they say and blame the foreigner for whatever happens. That's how they protect their own job.

And some of the mothers will believe whatever story their boy tells them about the bad teacher. You only need one kid to tell their mother they don't like you and.. the sewing circle moves into action. It is sport to some of these kids (and possibly even their mothers) to get one teacher fired after another. Usually its the worst kid who has the worst mother that will (easily) derail your job. Most of these A/S gigs are made up of kids from poorer families, in poor areas, who can't afford to go to hogwons. So their standard of behaviour is already rock-bottom.

Quote
Have you had any good experience working for afterschool programs?

The hours (11-5) and  pay (2.6) were good but that does not compensate for the misery of a job with unfixable problems.

I know two people who also did this type of gig.

Person A was so lonely with it that he used to go and hang out by the photocopier hoping to get some conversation with the actual school staff. Bear in mind you will only ever have the same (one) co-worker for a year.

Person B had similar crazy indiscipline problems and the company scr*wed him out of his pay in the end. His company was gang-owned, so that doesn't surprise me.


maybe its possible to have a positive experience with an A/S gig, but it has not been so in my experience.


if it is possible, it probably involves a very fortunate and unlikely combination of factors in your favour, as I already mentioned. You only have to be assigned a sour anti-foreigner co-worker on day one and you can basically kiss one year goodbye down the drain, because they will be assigned as your "supervisor".





Imagine your Korea...


  • KoreaBoo
  • Expert Waygook

    • 572

    • May 25, 2014, 04:00:42 pm
    • Korealand
Re: Does this afterschool job contract sound reasonable?
« Reply #7 on: February 08, 2017, 02:47:44 am »
The contract is essentially a slave contract.

You can quit at any time.   

I would refuse to sign anything that looked like that and search for a more reputable employer.


Re: Does this afterschool job contract sound reasonable?
« Reply #8 on: February 08, 2017, 08:33:32 am »

2. Commencement

1.1 This contract will begin on ______________ and continue until_____________ unless terminated as set out in clause 4.
1.2 In case there is a postponement of the first starting date, the starting date of the contract will also be changed in correspondence with the first teaching date. Ah, no. Your visa dates don't change.
1.3 On the unexpected events such as the closing of the English class in the school or in other special circumstances the employer may request the employee to change location of the working area, and the employee is required to do so.
1.4. Extension of the contract must be confirmed by both parties two months prior to the end of the contract.
1.5. Conduct by the school teachers need to be surveyed by parents and students for satisfaction of lectures and classroom management So, instead of teaching children, you have to bend to their wants.. According to the survey results [employer] will decide whether to keep the contract or not. So, the children get to decide your fate?  :huh:

3. Job description

3.1 Duties and responsibilities of the employer:

3.1.1 Submit all the documents and services required by the school for maintenance of the employee’s contract with the school:
3.1.1.1 Visa documents. The employer is not responsible for any fees or costs incurred to obtain an apostilled copy of university diploma, apostilled copy of national criminal background check, Korean health check, public school health check or the visa transfer fee required by immigration.
3.1.2 Take responsibility for all expenses that occur to run this program:
3.1.2.1 Teacher’s salary, from which taxes shall be deducted See below remarks..
3.1.2.2 Teacher’s accommodation as specified in 10.
3.1.2.3 Student books and supplementary materials
3.1.2.4 Curriculum
3.1.2.5 Korean staff
3.1.2.6 Administrative expenses
3.1.2.7 If the teacher requires supplementary materials, they have the authorized discretion to make purchases after consulting the Korean partner teacher
3.1.2.8 Provide a maximum of three days of training, observation, and orientation to familiarize the employee with company policies and prepare them for their classroom assignment.

3.2 Duties and responsibilities of the employee.
3.2.1 Act in good faith to present themselves in a professional, ethical and courteous manner to the school principal and staff, the students and their parents, and to the general community. To this end the employee will:
3.2.1.1 Provide an apostilled university degree, apostilled national criminal record check, and a Korean medical checkup report at their own expense.
3.2.1.2 Be groomed and dressed in a manner approved by the school.
3.2.1.3 Behave in a professional and dignified manner both during working hours and outside working hours.
3.2.1.4 Remain sensitive to the culture and expectations of Korean students, their    parents
and the school.
3.2.2 In order to maintain the quality of lessons, the teacher is required to:
3.2.2.1 Be fully prepared for each of their lessons.
3.2.2.2 Participate in all scheduled meetings and training sessions facilitated by the employer.
3.2.2.3 Follow the curriculum provided for them by the employer.
3.2.2.4 Adhere to the standards of classroom management determined by the employer and the school:
3.2.2.4.1 By disciplining students only in a manner approved by the school So, you can't do nothing..
3.2.2.4.2 By maintaining the classroom to a level of cleanliness and safety approved by the school. You are now the janitor?
3.2.3 Complete and submit all required administrative work via email to the central office by the required time and/or date.
3.2.3.1 A daily attendance report (within one hour of the completion of the last class)
3.2.3.2 Weekly report describing assignments and behavior issues due to the head teacher.
3.2.3.3 Brief daily meeting with partner teacher to discuss classroom issues.
3.2.3.4 Be fully prepared for midterm and Final exam
3.2.3.5 Student evaluations (by a date specified by the employer).
3.2.3.6 Lesson plans as and when required by the employer and by the school.
3.2.3.7 If required by the school, to sign an attendance sheet at the school
3.2.3.8 Calling to report absence is the responsibility of the employee. Failure to notify management of an absence will be considered a voluntary termination.

3.2.4 Additional duties and responsibilities.

3.2.4.1 Have the responsibility of counseling the students and their parents.
3.2.4.2 In consultation with their partner teacher deal with all administrative problems occurring in and outside of class (tardiness, absence, disruptive students, etc).
3.2.4.3 Assess potential students.
3.2.4.4 Make short telephone calls to the students of the two most advanced classes once a month for the purpose of practicing conversation Get bent!
3.2.4.5.1 The employer will provide a phone to make calls.
3.2.4.5.2 The employee should provide assistance to the Korean teacher with regards to classroom matters and operation of the classroom.
3.2.4.6 The employee is expected to arrive one hour before their first class and notify the head teacher of their arrival by phone or email as well as record their daily arrival and departure time. Seriously?
3.2.4.7 Attend any parents meetings associated with opening a new school as well as meet with the principal of the school.

3.2.5 Responsibilities of the employee regarding accommodation
3.2.5.1 The employee is responsible for paying monthly rent on the provided accommodation on time each month.
3.2.5.2 All fees associated with accommodations such as maintenance fees and utility bills are the responsibility of the employee.
3.2.5.3 The employee is directly responsible for any fees paid to the realtor which transpire during the acquisition of the accommodation for the employee. Get stuffed!
3.2.5.4 The employer as the contractor who pays the housing deposit and makes the housing contract under the employer’s name instead of the employee, has the full right to place a hold on the employee’s salary until the employer does the exact calculations of overdue housing payments, such as rent, maintenance fees, utility bills, and/or repair bills.
:laugh: :laugh: :laugh: ah no!

4. Termination of employment

4.1 By employer:

4.1.1.1Inability to undertake contracted duties and responsibilities (see 3.2), absence, negligence and the failure to observe the employer’s right of secrecy.
4.1.1.2 Failure to attend training and meetings, tardiness, and failure to meet reasonable deadlines shall be regarded as negligence.
4.1.1.3 The employee is found to be not qualified for teaching through the survey of students, parents and the school. So, the kids are your real boss. Good luck controlling them!  :laugh: :laugh: 
4.1.1.4 The employee can’t keep the classroom clean and keep up the supplies, materials, and classroom facilities  Janitor???
4.1.1.4.1The cases above, the contract can be immediately terminated by the manager if there is sufficient evidence that the teacher has defaulted on the obligations as specified in this contract. So they can fire you immediately for not sweeping but, they want two months notice? hahaha The teacher will be given fair warning before hand and given a chance to rectify the situation. If this does not happen the manager will notify the school and have the teacher/school contract terminated
4.1.1.5. If the number of students is not enough to manage the program because of employee’ inability and irresponsibility by the judgment of the employer, the employer dismiss the employee with 30-day advance notice. . (Article 32 of the Labor Standards Act of Korea) Scapegoat!
4.1.1.6. Breaching conditions of the E2 visa.
4.1.1.7. Creating and spreading false information
4.1.1.8. Intentionally damaging the school or the accommodation.
4.1.1.9. Theft, embezzlement or falsification of records.
4.1.1.10. Sexual harassment, d will not be tolerated by the employer or the school and if any such behavior by the teacher is found to be true then termination of the contract shall be given and legal actions may follow.
4.1.1.11. If the Employee violates the laws of Republic of Korea
4.1.1.10.1 The cases above (4.1.1.6~11), the employer will immediately cancel the E-2visa of the employee and replace the employee with a new employee. The employer will not have any responsibility for indemnity related to the contract termination. The employee shall be liable for reimbursement of the costs of the E2 visa, including administrative fees, airfares and accommodation monthly rent for the remaining period of the housing contract and realtor fee including actual economical damage for this contract regardless of the working period. Illegal!!!!!!!!!
4.1.1.11 Any fees or future rent payments relating to the provided employee housing is the responsibility of the employee and shall be deducted from the employee’s salary. Illegal!
4.1.1.12 In case of early dismissal of the contract term, the employer shall pay the employee for the number of days worked in that particular month out of 22 working days a month. So you only have to work a total of 22 days a month?

4.2 By the employee.

4.2.1 The employee must complete a minimum of three months of the contract before they can terminate it. Eat shit!
4.2.1.1 After the three month period the employee is required to give a minimum of 2 month written notice prior to the termination date to release from the contract. Eat shit!However, the employee’s last day must coincide with the finish date of the current term. If the employee does not complete the current twelve week term the employer will not release the employee nor compensate them. Illegal and eat shit!
4.2.1.2 The employee shall be liable for the monthly rental payment on the provided accommodation until a new tenant is found. If the employee cannot find a new tenant, the employer will deduct two months of rent, utility bills, and the realtor fee from employee’s salary .     
Illegal and eat shit!
4.2.1.3 The employee should be liable for reimbursement of the costs of the E2 visa, including administrative fees, airfares and sundry costs for this contract. Eat shit!
4.2.1.4 If the employee does not pay any of the above penalties to the employer, the employer shall deduct the penalty amount from the employee’s paycheck and shall cancel the employee’s visa immediately. Illegal and eat shit

5.  Salary.

5.1 Monthly salary.

5.1 A monthly salary of --- and 400,000won  in monthly housing allowance shall be paid in Korean currency according to the condition of each contract. .
5.1.1 The teacher is responsible for payments of all personal taxes on the teacher's salary according to Korean Laws. So, you are responsible for paying the taxes? Are you an independent contractor?
5.2 For first time employees the employer will withhold 200,000 won from each of the first two salary payments to be repaid upon confirmation of the employee paying all utility bills for the duration of the contract. If a housing contract is not needed by the employee this money shall not be held. (OP Note: Why do they say they can hold salary for this purpose if they already are holding this money?)
5.3 The employee’s salary period will commence from the first day of actual teaching (after the orientation and training period). The payment for the days in preparation work ( level tests) regarding the opening of a new school will be calculated at 50% of the normal pay based on the number of calendar days in that month. Bullshit!
5.3.1 The salary will be paid one month and 10 days after the first actual teaching day.
5. 3.2If the salary falls on Saturday or Sunday, the payment shall be made on the next business day unless prior arrangement is made. If the salary falls on the vacation period, the payment won’t be paid until the working day
5.4 The final month’s salary will be paid after the last payment from the school is made. So, whenever they feel like it?
5.5 In case of employee worked before starts contract period( such as assisting level test or attending presentation etc.) shall get ₩50,000Korean Won per one day. 8 to 10 hours of work for 50,000 W?  :laugh: :laugh:

5.6 Completion bonus.

5.6.1 A completion bonus of one month’s salary --- won shall be paid on the last day of the final teaching session. The completion bonus will be paid after all fees relating to employee accommodations are finalized. The completion bonus (severance payment) will include the employee’s monthly salary but not the monthly housing allowance.

6.  Hours of work.

6.1. The employee shall work (12:00~6:00) hours a day and normal teaching hours are 13:00-18:00 or14:00~19:00 Monday to Friday and the employee is required to complete the number of 60 working days per a term of 12 weeks. So, what is it 6 or 7?
6.2.1 A small number schools may start earlier or later but will maintain the number of classes.
6.2.2 The employee shall be at the school 1hour before the commencement of the first teaching hour.
6.2.3 Summer and winter vacation hours may be rescheduled to a morning time and the employer can change the number and the period of classes within teaching hours (5hours per day)
6.2.4 Normal teaching hours may change, but must not exceed 25 hours per week.
6.3 In addition to normal teaching hours, the employee is expected to give sufficient time for lesson preparation, marking, student assessments, etc. (See 3.2.2.1)
6.4 The employee is required to level test new students outside normal teaching hours. Say what?
6.4.1 On rare occasions, level tests may be required on Saturdays.
Eat shit!
6.5.1 The employer can change the number and the period of classes during the school winter vacation in order to complete a term in less than 60 working days only in the winter term. During the school winter vacation there will be a period of (3~4) weeks depending on the school situation, when the work hours change to a morning schedule. During this time the class duration will also change to 50 minute classes.

7.  Public Holidays and School Holidays.

7.1 All Korean national holidays shall be observed.
7.1.1 Such days falling on a Saturday or Sunday shall not be taken in lieu.
7.2 If there is a school holiday at school’s own discretion during the term (the day of school event, school holidays, typhoon, natural disaster, etc) and the employee has to make up for missed classes on Saturday within the same term after having it approved by the employer. If the school is not allowed to make up on Saturday, the employee should take unpaid leave. Hahahahahahahaha get bent!

8. Paid Vacation.

8.1 There shall be 10 paid vacation days (one in summer and the other in winter) during the contract year .
8.1.1The employer shall decide when the vacation days may be taken by the employee. Eat shit!
8.1.1.1 The employer shall give 1 month notice of the schedule.
8.1.2 Unused vacations are not valid at the end of the contract, nor compensated by money equivalent, and can’t be extended to the next year contract. So, they get to dictate when you take vacation and, if they don't give you all ten days, well thats just to bad for you?
8.1.3 Because the school year is finished at the end of February, we have no classes during the first week of March. Therefore, we recommend the teacher take a paid vacation in the first week of March. Now they are recommending when to take vacation? Which is it?
9. Accommodation.

9.1 The employer will provide the employee with a private apartment and the employer is responsible for the deposit (5million) and monthly rental (400,000won). So, they are paying your rent? Doesn't that contradict earlier clauses?
9.1.2 The employee is directly responsible for the Realtor’s fee paid to the realtor. **** that!
9.1.3 The employee is responsible for all utility costs.
9.1.4 The employee is responsible for all unreasonable damage caused by themselves or their guests.
9.1.5 If the employee chooses, the employer will pay 400,000 won per month in lieu of providing accommodation.
9.1.6 The employee is liable for all monies and fees related to the accommodation including rent for the duration of the lease period and any realtor’s fees associated with accommodations. So, they can fire you, and you still have to pay the rent even if you move?  :laugh: :laugh:
9.1.7 The employer may withhold the salary of the employee until all fees associated with the housing contract are paid in full. Illegal!
9.1.8 If the housing contract ends after the terminating date of this contract the employee is responsible for finding a new tenant to take over the housing contract or reimbursing the employer for all fees associated with the housing contact when their employment ends. So, you know absolutely shit about doing this but it is your responsibility? So much for their cultural awareness, I guess that is a one way street. 

10. Absence through illness or employees negligence.

10.1 The employee may request a leave of absence without pay with an advanced notice to the employer at least 12 hours before the first class of the day. So you are an hourly paid employee when it suits them but, salary when it comes to level tests and calling students? EAT SHIT!
10.2 The employee must submit a medical certificate or relevant document to prove the emergency situation the following day.
10.3 In case of leaves of absence and there is a substitute available, the class will not be canceled and the employer will hire a substitute teacher to fill in for the employee and 1day salary will be deducted for the substitute teachers pay There it is again. Salary or hourly?
10.4 In case of leaves of absences without pay, if there is no substitute available, the class will be canceled and the employee must supplement the lesson on a Saturday within that calendar month. Ah no...
If the employee fails to supplement the classes due to personal circumstances, 1 day salary will be deducted.   There it is again. Is it salary or is it hourly?
10.5 In case of leave of absence of 2 consecutive days or more due to a serious illness of an employee, the employer shall consider the possibility of an early dismissal of the contract of the employee, after a discussion with employee’s medical doctor and the school. So, your manager gets to get into all of your medical business? Hahahaha, eat shit!

11.  Medical Insurance and  National Pension.

11.1 If the employee wishes to have medical insurance the employer agrees to a 50/50 split in fees. In order to obtain Korean national health insurance the employee must also be enrolled Korean national pension fund. (No mention of matching pension?) Wishes to have? It's mandatory!



Re: Does this afterschool job contract sound reasonable?
« Reply #9 on: February 08, 2017, 08:48:35 am »
I understand what you're saying. I do have an E-2 visa. This job provides housing deposit and allowance, so I feel they are unusually accommodating to E-2 visa holders. But, I'm starting to worry maybe they have to be due to high turnover. I don't think I will be eligible to switch to F-visa anytime soon.

Just an FYI to anyone else reading this, a high turnover rate is an indication that there's something wrong, and this is pretty much true anywhere in the world. Could be that the job is too dangerous, could be a toxic environment, could be illegal business practices, could be a lot of different things, but there's going to be a reason why so many people are not sticking around. It should be red-flag #1.


Re: Does this afterschool job contract sound reasonable?
« Reply #10 on: February 08, 2017, 08:55:48 am »
if all the students are happy with the exception of one, it seems extreme to fire a teacher over that and go through the expense and hassle of hiring another teacher just to please a single parent-- especially at a public school a/s program.

You would think so, wouldn't you?

But the dynamic at play is not that obvious.

If the company can get rid of a teacher before the year is up, they save on severance. I was the third teacher in a year at my school.

There's an unlimited supply of new recruits because the pay and hours are more attractive than hogwons. So they have no problem re-filling the positions over and over. Also they can easily get rid of you when the school contract finishes, which is unlikely to be on the same date as your year-long contract with the company finishes.

This is where it starts to get shady. Usually they make you sign two different contracts. One is for immigration, the other is the real one they operate by. If immigration finds you have signed two contracts simultaneously, you get deported (and nothing happens to the company).


Also the way they view it, one mother can spread rumours and ruin a schools reputation. The mother mafia controls the school via the parent-teacher meetings. The school principals will defer to whatever the mothers say, because they get government money for every child they have in their A/S program. So they pander to every whim of the mothers, who never get an accurate picture of what is happening. Your co-worker will likewise never say anything to contradict a mother, they simply defer to whatever they say and blame the foreigner for whatever happens. That's how they protect their own job.

And some of the mothers will believe whatever story their boy tells them about the bad teacher. You only need one kid to tell their mother they don't like you and.. the sewing circle moves into action. It is sport to some of these kids (and possibly even their mothers) to get one teacher fired after another. Usually its the worst kid who has the worst mother that will (easily) derail your job. Most of these A/S gigs are made up of kids from poorer families, in poor areas, who can't afford to go to hogwons. So their standard of behaviour is already rock-bottom.

Quote
Have you had any good experience working for afterschool programs?

The hours (11-5) and  pay (2.6) were good but that does not compensate for the misery of a job with unfixable problems.

I know two people who also did this type of gig.

Person A was so lonely with it that he used to go and hang out by the photocopier hoping to get some conversation with the actual school staff. Bear in mind you will only ever have the same (one) co-worker for a year.

Person B had similar crazy indiscipline problems and the company scr*wed him out of his pay in the end. His company was gang-owned, so that doesn't surprise me.


maybe its possible to have a positive experience with an A/S gig, but it has not been so in my experience.


if it is possible, it probably involves a very fortunate and unlikely combination of factors in your favour, as I already mentioned. You only have to be assigned a sour anti-foreigner co-worker on day one and you can basically kiss one year goodbye down the drain, because they will be assigned as your "supervisor".

Nor mine. I had an A/S job once. They told me I was a horrible teacher because I could not change their curriculum to fit the needs of one mother. Mind you, it was them who would not let me change the curriculum. HAHA, good times! Quite there real fast! The joys of the F visa.


  • TDC troll
  • Adventurer

    • 50

    • October 06, 2011, 08:55:42 pm
    • Gyeongi Do
Re: Does this afterschool job contract sound reasonable?
« Reply #11 on: February 26, 2017, 08:20:10 pm »
I worked for an a/s program 7 years ago , and recently this past year again .

I quit the first one after 6 months because the school , I signed directly with the school ,
was taking deducting an enormous amount of taxes each and every month.
In that contract , I was required to give 40 days notice before quitting . I also had to wait for a new teacher .

This recent a/s program , which I signed with an a/s company , started great .
Everything was going really good until the final semester , if you have worked for a/s before then you know they have 4 semesters.

Well during a class with 5/6 graders in the last semester , one male student started in on a female student , really verbally abusing her .
I speak Korean almost fluently , and most adults let alone students don't use this filthy language .
Being as though this was the last class , the school was pretty empty and dark .
I asked the student to go out to the hallway .
I  reprimanded him in English and Korean .
At the same time a man came up the stairs , our class was on the second floor . I couldn't see his face.
I later find out that this is the school's vice-principal .
Now during all of this my co-teacher is teaching in the adjoining class room .
She later tells me she didn't hear anything.

Well the next day , my co -teacher tells me that some discussion is going on , about
yesterday .

Long story short I wasn't re-hired . I guess because of this .
I was never actually told why .

Quite a few of the mother's actually backed me up.
Called the school ,came to the school .
Even called the a/s company .