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Is This Contract Illegal?
« on: April 15, 2019, 08:01:14 pm »
I was offered a job at a hagwon in Songpa-gu, Seoul. It is 9 a.m. to 6 p.m. and they are desperate, because they keep asking me to come, but I am hoping for a better job. Take a look at the contract. Is there anything illegal there? I know it doesn't look that good!
Employment Contract
summary
Salary   First 6 months 2,300,000 Kwon
Last 6 months 2,400,000 Kwon
Severance
at the completion of 'one full- year' contract   2,400,000 Kwon
Sick days   2 days
Contract Period   April 9th, 2019 ~ April 8th, 2020
Vacations   2 weeks
Working hours   9am ~ 6pm
Class hours   33 hours per one week
Housing   housing
Student   Kindergarten + early elementary
Terms and Conditions:
Place of Employment:
The “employee” will work for the “employer” at the following address:
   KingsKids    
   Robert Kim  (hereafter referred to as the “employer”)
The name of employee : John Ramage

Job Description:
The ‘employee’ will work for the ‘employer’ as an English Instructor.
The ‘employee’ will do as follows “
Implementing curriculum given by the school.
Taking the school’s(supervisor’s) curriculum
Building the curriculum
Finding and using materials and resources to teach the better curriculum :
The ‘employer’ has a copyright about materials and resources which the ‘employee’ produces during period of employment.
The ‘employer’ doesn’t have a copyright about materials which was made by the ‘employee’ who made it in previous school.
Grading and evaluation of students
Corrections of Writing
Attendance at teacher’s meetings and workshops
Other activities directly related to teaching
Monthly student management meetings with supervisor.
Participating in school events with no pay. (It should be done within his working hours.) : meetings, sports day, open class, graduation, ceremony, teachers’ education, workshops, contests(essay, speech), evaluations and parents’ meeting
Prepare daily, weekly and monthly plans which should be handed into supervisor at the appropriate date.
Recording the tape for listening materials
teaching the class
If other teacher can’t do his(or her) job, the employee has to do his(or her) job within the employee’s working time.

Period of Employment
The period of employment is April 9th, 2019 ~ April 8th, 2020

Regular Hours of Employment and Salary:
As a full time instructor, the “employee” will work 9 am ~ 6 pm working hours and 33 class hours per one week .
The months base salary paid for regular hours of employment is the first 6 months is  2,300,000 won per one month and last 6 months is 2,400,000 won per one month.
The salary will be paid to the “employee” once per month. And it will be paid every 10th next month.  The payment will include services rendered from the first day to the last day of the previous calendar month.

Income Tax
Income Tax will be deducted from the monthly salary according to the Korean Tax Law.

Health Insurance & National Pension Plan
The employee joins and Nation Medical Insurance’ and National Pension, the employer assists 50% of each.

Housing
The employer provides the single studio to the employee. The employee should be responsible gas fee, electricity fee, water fee, Internet fee, and building management fee.
The employee is responsible for cleaning the apartment. If the employee wants to change the apartment already contracted, he or she is responsible for all expenses incurred such as estate agent fee, moving expense, etc.
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.
The Employee will be wholly responsible for any utilities/maintenance and phone bills remaining for the duration of their housing lease.
When the employer pays the salary to the employee, the employer deducts the management fee, internet fee, water fee, electricity fee, and gas fee from the employee’s salary. .

Severance pay
If The employee work until April 8th, 2020, The employer pays 2,400,000 won as severance fee.

Flight Fee and Hotel Fee
The employer provides the round flight ticket from Incheon Airport to Fukuoka (Japan) Airport. And 3 days Hotel Fee. If the employee quit the kingskids in any reasons before October 10th, 2019, the employee should pay it(round flight ticket fee to japan and Hotel fees)  back to the employer. (The employer deducts the airfare from the employee’s salary).

Vacation
There are 2 weeks.(paid 2 weeks : from July 28th, 2019 to August 3rd, 2019 / from December 25th, 2019 to January 1st, 2020)
The exact dates will be determined at the “employer’s” convenience.  No deduction will be made to the regular monthly salary during the vacation days.  The unused vacation days will be paid as compensation at the end of this contract.

Absence Deduction
In the event the “employee” is sick and unable to work, the “employee’s” has the responsibility to notify the school in a timely fashion and ensure that the message is communicated effectively.
If the employee are late or absent, it will be considered a breach of contract and the employer deduct his/her salary with these rules
Lating Time   Deduction Money
Not on time   10,000 won
1 hour late   10,000 won + 10,000 won
2 hours late   10,000 won + 40,000 won
3 hours late   10,000 won + 60,000 won
4 hours late   10,000 won + 80,000 won
5 hour late   10,000 won + 100,000 won
6 hours late   10,000 won + 120,000 won

Long term or severe illnesses(5 more absent) will be dealt with ending as a cancellation of the contract.

Sick Days
The ‘emplayee’ can have the 2(two) sick days per one year without deduction.
In the event the “employee” is sick and unable to work, it is the “employee’s”responsibility to notify the school in a timely fashion and ensure that the message is communicated effectively. 
No more than two consecutive sick days may be taken at once.
The “employee” must also provide a doctor’s note from a hospital that clearly states,
the doctor’s contact information, including name, address and phone number,
the date the note was generated,
the name of the patient involved, and
certification of medical consultation that indicates the nature and severity of the illness as well as how the patient was advised by the doctor.
If an “employee” fails to come to work without proper medical documentation, it will be considered a breach of contract/unexcused absence and 30,000 won will be deducted from the “employee’s” pay for each no working hour (or 200,000won will be deducted from the “employee’s” pay for each day).
If the employee uses only 1 sick day, the kingskids pays 100,000 won
If the employee does not use sick days at all per one year, the kingskids pays 250,000 won.

Rights and Responsibilities
Both the “employer” and the “employee” are to be considered professionals and as such will treat each other with mutual respect and dignity.  However, since the “employee’ is working under the contract for the “employer,” the “employee” will make every effort to follow the direction, training and supervision of the “employer.”  The “employee” will also carry out the teaching assignments given by the “employer” in a cooperative and professional manner.

Dismissal
The “employer” may immediately dismiss the “employee” from employment under the following conditions, which include but are not limited to:
Violation of the laws of the Republic of South Korea
Teaching classes while under the influence of drugs or alcohol
False information provided during the interview process
No keeping time(Being late or closing early) for work or class on a repeated basis
Repeated failures to follow the teaching guidelines and school policies
Absence from work without valid reason
Behaving in a manner that compromises the integrity of the workplace environment including bullying, intimidation, refusal to cooperate, threats of or acts of physical violence and sexual harassment, backbiting.
Failure to comply with any of the standards as set out in this contract.
The client(child of parent)’s  asking to change the teacher(employee)
In case of child abuse
If the employee refuses to take the employer, supervisor’s , or co Korean teacher’s ordering(curriculum).
Besides, The Employee receives 3 times of written warning notice from the Employer.

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.

Changes to Contract
There will be no changes or additions to this contract without the written consent and approval of both 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 part of this contract.

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.

   Date :      April 6, 2019   
Employer :
Robert Kim
         Robert Kim      Employee (Teacher’s Name)



  • JNM
  • The Legend

    • 3819

    • January 19, 2015, 10:16:48 am
    • Seoul, South Korea
Re: Is This Contract Illegal?
« Reply #1 on: April 15, 2019, 08:40:14 pm »
I don’t think the late fees are legal.
Deductions from paychecks are tightly regulated.

The visa run clause is a little sketchy, but not uncommon.


  • waygo0k
  • The Legend

    • 3716

    • September 27, 2011, 11:51:01 am
    • Chungnam
Re: Is This Contract Illegal?
« Reply #2 on: April 16, 2019, 05:43:21 am »
OP, remove all names from the contract (libel, confidentiality laws).

Yes, this contract is highly and stupidly ILLEGAL[/u].

They can not deduct anything from your salary beyond tax, health insurance and pension.


Re: Is This Contract Illegal?
« Reply #3 on: April 16, 2019, 07:14:44 am »
Quote
Absence Deduction
In the event the “employee” is sick and unable to work, the “employee’s” has the responsibility to notify the school in a timely fashion and ensure that the message is communicated effectively.
If the employee are late or absent, it will be considered a breach of contract and the employer deduct his/her salary with these rules
Lating Time   Deduction Money
Not on time   10,000 won
1 hour late   10,000 won + 10,000 won
2 hours late   10,000 won + 40,000 won
3 hours late   10,000 won + 60,000 won
4 hours late   10,000 won + 80,000 won
5 hour late   10,000 won + 100,000 won
6 hours late   10,000 won + 120,000 won

for this alone.  the punishment and the crime have to match.  you most certainly are not being paid 130 000 won a day, so they can't legally deduct that amount. 

even this clause doesn't make the previous one okay.

Quote
If the employee uses only 1 sick day, the kingskids pays 100,000 won
If the employee does not use sick days at all per one year, the kingskids pays 250,000 won
.

Quote
Implementing curriculum given by the school.
Taking the school’s(supervisor’s) curriculum
Building the curriculum
Finding and using materials and resources to teach the better curriculum :
The ‘employer’ has a copyright about materials and resources which the ‘employee’ produces during period of employment.
The ‘employer’ doesn’t have a copyright about materials which was made by the ‘employee’ who made it in previous school.
Grading and evaluation of students
Corrections of Writing
Attendance at teacher’s meetings and workshops
Other activities directly related to teaching
Monthly student management meetings with supervisor.
Participating in school events with no pay. (It should be done within his working hours.) : meetings, sports day, open class, graduation, ceremony, teachers’ education, workshops, contests(essay, speech), evaluations and parents’ meeting
Prepare daily, weekly and monthly plans which should be handed into supervisor at the appropriate date.
Recording the tape for listening materials
teaching the class
If other teacher can’t do his(or her) job, the employee has to do his(or her) job within the employee’s working time.

you will be dead soon with these duties...

those and the rest of the contract is written so badly.

Quote
Lating time
   :laugh:

people already told you to forget about this one a couple of weeks ago, why are you still toying with it?  don't be so desperate to come to Korea by accepting anything.





  • kyndo
  • Moderator LVL 1

    • 4925

    • March 03, 2011, 09:45:24 am
    • Gyeongsangbuk-do
Re: Is This Contract Illegal?
« Reply #4 on: April 16, 2019, 08:42:11 am »

Dismissal
...The client(child of parent)’s  asking to change the teacher(employee)...
This strikes me as a "get out of jail free" card for the school: if they don't like something about you, they can make up complaints from parents and have you fired.
Huge red flag.

Also, due to errors in grammar and word choice, the contract is a bit confusing at times, which could generate problems for you in the future. I personally wouldn't sign any contract unless it was all 100% understood by everybody involved.


Re: Is This Contract Illegal?
« Reply #5 on: April 16, 2019, 01:48:56 pm »

Dismissal
...The client(child of parent)’s  asking to change the teacher(employee)...
This strikes me as a "get out of jail free" card for the school: if they don't like something about you, they can make up complaints from parents and have you fired.
Huge red flag.

Also, due to errors in grammar and word choice, the contract is a bit confusing at times, which could generate problems for you in the future. I personally wouldn't sign any contract unless it was all 100% understood by everybody involved.

This seems like the biggest potential issue. The idea that you could be fired if the parents of students don't like you. Most of this contract doesn't look that weird to me, the late fines though are definitely a bit concerning.
It wouldn't be my first choice for sure, i'd keep looking for a better option.


Re: Is This Contract Illegal?
« Reply #6 on: April 16, 2019, 02:21:55 pm »
Yeah I feel like this contract (or this kind of contract ) isn't actually that bad if you just take out the deductions for being late.

To expect a contract written in fluent English with no mistakes is asking a bit much so I don't think sniggering at a few grammatical errors or unnatural word choices is very helpful at all.  I wouldn't consider such mistakes a red flag at all.

I also think that the dismissal clause we see in these contracts are to protect the employer from  employing absolute lost cause, weirdos.  They don't have the luxury of something like the EPIK vetting system so they have to be a bit more cautious I suppose.  If you're a well adjusted, normal and friendly person then I don't think you have to worry about kids or parents not liking you.


  • kyndo
  • Moderator LVL 1

    • 4925

    • March 03, 2011, 09:45:24 am
    • Gyeongsangbuk-do
Re: Is This Contract Illegal?
« Reply #7 on: April 16, 2019, 02:45:06 pm »
Yeah I feel like this contract (or this kind of contract ) isn't actually that bad if you just take out the deductions for being late.

To expect a contract written in fluent English with no mistakes is asking a bit much so I don't think sniggering at a few grammatical errors or unnatural word choices is very helpful at all.  I wouldn't consider such mistakes a red flag at all.

I also think that the dismissal clause we see in these contracts are to protect the employer from  employing absolute lost cause, weirdos.  They don't have the luxury of something like the EPIK vetting system so they have to be a bit more cautious I suppose.  If you're a well adjusted, normal and friendly person then I don't think you have to worry about kids or parents not liking you.

Sure they do... if they take the effort to do so. I mean, very few actually take the effort, but some of the larger franchise academies do. It's not unheard of for hagwons do video interviews beforehand and/or have prospective teachers write a sample lesson etc. I remember thinking that the EPIK application process was weirdly similar to the one I did for GEOS (a hagwon chain) back in the day.

And the worry isn't so much that parents will dislike you, it's that a slightly shady owner who wants to get rid of their NET will use that particular clause as an excuse to do so.  How can a teacher possibly prove that all the parents love them? It allows for completely arbitrary firings.

Finally, while I agree that perfect English might be too much to ask for (I've read through crappily written contracts back home), the clauses need to be clear. There's little point in having a contract if the two parties aren't exactly sure what it all means.


Re: Is This Contract Illegal?
« Reply #8 on: April 16, 2019, 03:55:35 pm »
I also think that the dismissal clause we see in these contracts are to protect the employer from  employing absolute lost cause, weirdos.

by the looks of it, it is a chicken or egg thing with this one.  did the crap contract come first creating a magnet for weirdos and making them 'desperate', or did they get the weirdos which then changed the work environment and then to a crap contract like this.  all in all this contract is not good.

there is no working schedule as such.  it says 33 hours, but doesn't say if it a 'teaching hour' or an actual hour.  if you're at school from 9-6 (45 hours total) then you obviously get an hour for lunch which leaves you with another 40 hours of which 33 are 'teaching', which leave you a little over an hour and a quarter everyday for this...

Quote
Implementing curriculum given by the school.
Taking the school’s(supervisor’s) curriculum
Building the curriculum
Finding and using materials and resources to teach the better curriculum :
The ‘employer’ has a copyright about materials and resources which the ‘employee’ produces during period of employment.
The ‘employer’ doesn’t have a copyright about materials which was made by the ‘employee’ who made it in previous school.
Grading and evaluation of students
Corrections of Writing

Attendance at teacher’s meetings and workshops
Other activities directly related to teaching
Monthly student management meetings with supervisor.
Participating in school events with no pay. (It should be done within his working hours.) : meetings, sports day, open class, graduation, ceremony, teachers’ education, workshops, contests(essay, speech), evaluations and parents’ meeting
Prepare daily, weekly and monthly plans which should be handed into supervisor at the appropriate date.
Recording the tape for listening materials
teaching the class
If other teacher can’t do his(or her) job, the employee has to do his(or her) job within the employee’s working time.

the bolded is a lot of work for that extra hour and a bit every day.  why daily, weekly and monthly plans?  surely a monthly plan includes all of this.  also the last sentence makes no sense.  why sign a contract that makes no sense?   that and all the other nonsense here.

Quote
backbiting.

is immediate dismissal?   :laugh:


Re: Is This Contract Illegal?
« Reply #9 on: April 18, 2019, 05:32:24 pm »
 No, I am not going to be working for this hagwon. For a little while, I did pause, simply because the hagwon is located in a place convenient for me. I tried reasoning with them and asking to renegotiate the contract, but they just used that as an excuse to suggest taking more money from my contract.
I placed the contract here as a warning to other people, especially to newbies or those tempted by hagwon jobs. Don't sign a contract like this! There's too much that's wrong with it.
The job does still seem to be available.