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  • keeks
  • Newgookin

    • 2

    • July 05, 2019, 09:02:25 pm
    • Florida
Is this a good contract
« on: July 05, 2019, 09:15:29 pm »
I’ve already emailed some of my concerns and getting things resolved as we speak. I’m also getting in contact with a previous teacher but other is this a good contract?

I.   Definitions
The following terms when used in the Agreement shall have the meanings as stated herein:
1.   “Employment Date” refers to the actual date the Employee begins work at GE.
2.   “Termination Date” refers to the last day of the Employee’s employment.
3.   “Probation Period” refers to the first three months after the Employment Date.

II.   Term of Agreement
The Agreement begins      August 5th , 2019 and ends     July 31st  , 2020.
If the 1-year period ends in the middle of the semester, then the Termination Date should
be extended to the end of the semester. The Employee has the responsibility to extend
his/her visa in the case that it expires within the term of the contract.

III.   Responsibilities and Requirements
1.   The Employee will act in a professional manner and be responsible for conducting professional English Language classes.
2.   The Employee’s responsibilities may include but are not limited to the following:
A.   Teaching scheduled classes and correcting student assignments and tests
B.   Regularly reviewing, assessing and reporting student progress
C.   Essay and journal editing
D.   Preparation/Production of teaching materials
E.   Participation in teachers’ training, workshops and meetings
F.   Interviewing new students
G.   Substitute teaching
H.   Managing classes and following up for the parents (i.e. phone counseling or face to face meetings) as a home room teacher
I.   Supervising detention, tests, etc.
3.   The Employee’s responsibilities may be modified after being agreed upon by the parties; however, any modification(s) in the Employee’s responsibilities shall not constitute a termination of the Employment.
4.   The Employee, by entering into the Contract, attests and warrants that he/she is the holder of at least a bachelor’s degree from an accredited university or college and a valid passport.
5.   The Employee is required to conduct classes when there are special classes or school exams to be prepared outside working hours (i.e. on a Saturday, Sunday, or holiday) as may be assigned by the director. The classes taught outside working hours (i.e. on a Sunday, or holiday) will be considered overtime as stated in Article Ⅷ.
6.   There may be times throughout the course of year that teachers may be required to attend campus events, training seminars, academic seminars, orientations, workshops, retreats, etc, outside working hours (i.e. on a Saturday, Sunday, or holiday), but these events will not count as overtime and will be uncompensated.
7.   The Employee must follow Korean immigration laws and take responsibility for any immigration duties including any immigration fees such as medical health checks, alien registration, re-entry permits and visa extensions, etc.

IV.   Term of the Employment
The employment shall begin from one to three (1-3) days and up to (2) weeks after the
Employee’s arrival in Korea; the first week will be considered as unpaid
leave allowing the Employee to adjust and settle in before beginning work (on the
“Employment Date”).  The second week will be for training and training payment will be
paid according to contract. The employment, unless terminated sooner than the
Termination Date as provided below in Article Ⅸ of the Contract, shall continue for the
term of contract, and unless renewed, shall automatically be terminated thereon.

V.   Restriction (Dual Employment Prohibition)
The Employee, after signing the Contract and receiving a work visa, may legally work
only for the institute designated by the Employer. If the Employee works for any other
institutes, companies, or individuals without written consent by the Employer and the
Korean Immigration Office, he/she shall face legal consequences which will/may include a
fine and a possible deportation.

VI.   Work Hours
The Employee shall teach a maximum of thirty (30) classes per week from Monday
through Friday; during the five-day work week which consists of forty (40) working hours,
the Employee shall also perform his/her responsibilities in relation to teaching classes as
described in Article Ⅲ herein. During the summer and winter vacations, work hours may
change to fit the needs of the individual campuses. These working hours will be slightly
different depending on the campus.

VII.    Compensation and Benefits
1.   Salary
A.   Base monthly salary in the amount of 2.1 million (2,1ㅈ00,000KRW) Korean won will be paid to the Employee for a given month during the described working hours and days.
B.   The salary is subject to change depending on the Employee’s performance during the Probation Period or through regular evaluations. Any additional agreement about the change in amount of payment will be attached to the Agreement.
C.   Salary for a partial month’s work is calculated accordingly: i.e. base monthly salary divided by the number of days in the month multiplied by the number of days worked.  (For example, if your last day of work is March 19 and your base salary is 2,000,000 won; 2,000,000 is divided by 31 and then multiplied by 19, resulting in your salary for the month of March, which equals 1,225,806 won.)
D.   Payment date is the 10th of the following month. (For example, the Employee is paid on September 10th for his/her work in August.) The last payment will be paid within 14 days after the Termination Date.
E.   Any additional classes taught in addition to thirty (30) classes per week will be compensated as described in Article Ⅷ of the Agreement.
F.   Income Tax: The set amount of the Employee’s monthly salary will be withheld by the Employer as income tax according to Korean law.


2.   Training: The Employee shall receive up to one (1) week of training before teaching at the assigned institute and shall be paid at the rate of 20,000 won per day during this period.

3.   Severance Pay: Upon retirement from an employment period of 1 year or more, the employee shall receive a severance pay whose amount is equivalent to the employee’s monthly salary. If the contract period is less than 1 year, severance pay is not provided.  If necessary, applicable deductions will be subtracted.

4.   Health Insurance: In accordance with Korean law, the Employee must register for the National Health Insurance, 50% of the premium will be paid by the Employee and 50% of the insurance premium will be paid by the Employer.

5.   Pension Plan: In accordance with Korean law, the Employee must register for the National Pension Plan, 50% of the pension premium will be paid by the Employee and 50% of the Pension premium will be paid by the Employer.

6.   Housing
A.   Single bachelor housing with furnishings shall be provided by the Employer.
B.   The Employee shall pay for all utility charges and maintenance fees.
C.   The Employee agrees to pay a 500,000-won deposit for housing management to cover outstanding monthly services, utilities and a cleaning fee of 50,000 won after the Employee leaves the premise; the Employer shall deduct 250,000 won per month for the first 2 full months from the Employee’s salary. The deposit shall be returned to the Employee after all outstanding bills have been paid.
D.   In the event the Employee chooses not to take the provided housing, a housing allowance of a certain amount of money (300,000krw) per month will be allotted in lieu of actual housing. The teacher will be solely responsible for acquiring their own housing and also for the required amount of the housing deposit. This option will only be an available for employees before the start of employment. If actual housing is taken, an employee cannot transfer to the housing allowance option during their contracted period.
E.   The Employee shall have to share his/her apartment for up to 7 days for a maximum of 2 times when arriving in Korea and before leaving Korea with a new incoming teacher.

7.   Vacation
A.   The Employee is entitled to use a total of (7) days during the agreed employment term as paid vacation in addition to the Korean national holidays. The Employer shall schedule two (2) of the paid vacation days to coincide with the school’s operating schedule; the remaining five (5) days may be used by the Employee during the contract term as agreed upon by both parties. The Employee will be required to use the remaining 5 days during the period when there are few classes, such as a school exam period. The use of vacation days must be approved by the Employer at least one month in advance.
B.   The use of the remaining five (5) vacation days will only be permitted after having completed at least six months of employment.
C.   The remaining (5) days of paid vacation will be replaced with an unpaid vacation during the times of school exam periods up to 3 weeks for the Employee who mostly teaches the middle school students, depending upon the campus situations.
D.   Sick leave: The Employee is entitled to a sick leave if injury or illness prevents him/her from performing the responsibilities stated herein provided that he/she obtains the Employer’s prior consent. In case of a sick leave taken for more than two (2) days, the Employee shall submit a practicing doctor’s medical report to the Employer.
a.   In case the Employee leaves work early, daily cash compensation is calculated for the actual hours worked; for example, if the Employee’s daily rate is 66,667 won (i.e. base salary divided by 30), this amount is divided by 8 (i.e. regular daily work hours) and then multiplied by the actual hours worked on that day.
b.   For the workdays missed as sick leave, the Employee’s monthly salary shall be deducted accordingly: monthly salary divided by the number of days in the month and then multiplied by actual days worked.
E.   Special leave in the event of e.g. family illness or death shall be allowed on an individual basis; leave taken shall be considered as unpaid vacation time.

VIII.   Overtime Work Compensation
1.   Any classes taught in addition to the 30 hour class load shall be compensated in accordance with the Employer’s policy:
A.   Classes falling outside of normal working hours and extra classes taught during winter/summer intensive seasons shall be compensated at the rate of 25,000 won per hour.
B.   Outside working hours (i.e. on a Saturday, Sunday, or holiday) teaching will be required of the teachers when there are special classes or school exams to be prepared for; Sunday or holiday classes are considered overtime regardless of the number of classes taught between Monday through Friday, and each class taught on those days is compensated at the rate of 25,000 won per hour.
C.   Saturday classes may or may not be compensated depending on the campus situations. In the case that Saturdays are not considered working hours, the compensation for Saturday classes will be determined by the director upon the campus circumstances.
D.   If the Employee teaches a certain number of hours on a Sunday or holiday, as determined by the director, then it can be replaced with a day off during the week.  If the Employee takes a day off on a week day, then he/she is required to work on a holiday determined by the director.

IX.   Renewal and Termination of Employment
1.   Renewal of Employment
A.   The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee’s current contract.
B.   Both the Employer and the Employee reserve the option to renew the contract.

2.   Termination of Employment
A.   The Employer can terminate the Agreement based on the Employee’s performance during the Probation Period without notice in advance.
B.   The Agreement, unless renewed, shall automatically be terminated at the end of the contract. The Employee should submit a letter of resignation.
C.   Early Termination for Cause : The Employer reserves the unrestricted right to terminate the employment at any time for cause; upon termination for cause, the Employer’s sole obligation to the Employee shall be to pay him/her for the monthly compensation earned until the effective date of termination. No other benefits such as return ticket shall be provided by the Employer. Termination for cause is restricted to the following:
a.   The Employee is unable to meet the responsibilities or conditions required for employment such as being late for class on a continuous basis; continuous failure to keep regularly scheduled class time and repeated absences from classes without a valid reason.
b.   The Employee’s deliberate and intentional refusal to perform his/her responsibilities as specified herein (i.e. Employee’s breach of contract)
c.   The Employee fails to take corrective actions after written and verbal feedback is provided by the Employer based on the Employee’s performance. The third warning shall constitute grounds for dismissal.
d.   Gross negligence or reckless behavior by the Employee that may result in demonstrable material harm to the Employer
e.   Any breach of the Agreement resulting in, or that may reasonably be expected to have, a substantial negative impact on the Employer or that may be reasonably expected by the Employer to adversely affect the Employee’s responsibilities pursuant to this Agreement.
f.   The Employee teaches outside of the Employer’s property
g.   The Employee uses illegal drugs or is intoxicated during work hours
h.   The Employee participates in any type of criminal activity or corruption of public morals that violates the laws of the Republic of South Korea
i.   The Employee tells others about their own employment contract details

3.   Termination Stipulations
A.   Immediately after the date of termination, the Employee shall deliver to the Employer all articles, documents, records and materials provided by the Employer that had been in his/her possession. All articles, documents, records and materials that the employee produces during the term of employment are owned by the employer.
B.   Within 14 days after the date of termination of the employment, the Employer shall pay the Employee all earned. If necessary, applicable deductions will be subtracted.
C.   If either party wishes to terminate the employment for any reason during the period of the Agreement, they will give at least a written 30-day notice prior to the termination date of the contract and the Employee must submit a letter of resignation.
D.   If the Employee fails for any reason to complete the agreed contract term of this employment, the Employee will not qualify for benefits such as severance pay and airfare and will be wholly responsible for the rent and any utilities/maintenance remaining for the duration of their housing lease.
E.   If the Employee fails for any reason to the agreed contract term of this employment, the Employee shall reimburse the Employer for any used paid vacation days during the agreed contract term in accordance with the company policy; i.e. base monthly salary divided by 30.  (For example, if your base salary is 2,000,000 won, 66,667 won (i.e. 2M divided by 30) is the daily compensation rate per the number of vacation days used)

X.   Entire Agreement
The Agreement represents the complete and entire agreement between the parties with regard to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of every kind and nature between them.  No modification of the Agreement shall be effective unless in writing and signed by both parties.

XI.   Governing Law; Dispute Resolution
The Agreement and each and every provision hereof shall be governed by and construed in accordance with the laws of the Republic of Korea.  Any dispute, controversy, claim or lawsuit arising out of or in relation to this Agreement or the breach, termination or validity thereof which cannot be amicably resolved by the parties within a reasonable time shall be filed exclusively in the relevant jurisdiction in the Republic of Korea.



Re: Is this a good contract
« Reply #1 on: July 09, 2019, 07:49:29 am »
Quote
The Agreement begins      August 5th , 2019 and ends     July 31st  , 2020.

For a start, it's not one year long. 

Quote
A.   Teaching scheduled classes and correcting student assignments and tests
B.   Regularly reviewing, assessing and reporting student progress
C.   Essay and journal editing
D.   Preparation/Production of teaching materials
E.   Participation in teachers’ training, workshops and meetings
F.   Interviewing new students
G.   Substitute teaching
H.   Managing classes and following up for the parents (i.e. phone counseling or face to face meetings) as a home room teacher
I.   Supervising detention, tests, etc.

An absolute load of work here, and the first time I've ever seen 'supervising detention' as a responsibility.

Quote
5.   The Employee is required to conduct classes when there are special classes or school exams to be prepared outside working hours (i.e. on a Saturday, Sunday, or holiday) as may be assigned by the director. The classes taught outside working hours (i.e. on a Sunday, or holiday) will be considered overtime as stated in Article Ⅷ.
6.   There may be times throughout the course of year that teachers may be required to attend campus events, training seminars, academic seminars, orientations, workshops, retreats, etc, outside working hours (i.e. on a Saturday, Sunday, or holiday), but these events will not count as overtime and will be uncompensated

SO you have to possibly work on Sundays and holidays?  Not good.

Quote
The Employee shall teach a maximum of thirty (30) classes per week from Monday
through Friday; during the five-day work week which consists of forty (40) working hours,

Start time?  Finish time?  How long is a class?

Quote
The salary is subject to change depending on the Employee’s performance during the Probation Period or through regular evaluations. Any additional agreement about the change in amount of payment will be attached to the Agreement.

Erm, no it isn't.  Increase, maybe.  Decrease?  No way.

Quote
Salary for a partial month’s work is calculated accordingly: i.e. base monthly salary divided by the number of days in the month multiplied by the number of days worked.  (For example, if your last day of work is March 19 and your base salary is 2,000,000 won; 2,000,000 is divided by 31 and then multiplied by 19, resulting in your salary for the month of March, which equals 1,225,806 won.

It doesn't work like this at all.   What they are doing is using a stupid calculation to pay you less money per day. 

Quote
Payment date is the 10th of the following month. (For example, the Employee is paid on September 10th for his/her work in August.) The last payment will be paid within 14 days after the Termination Date.

10th is too late.



Re: Is this a good contract
« Reply #2 on: July 09, 2019, 08:14:44 am »
(oops, just had to switch from my laptop to the English room computer so students can watch a film)

Quote
The set amount of the Employee’s monthly salary will be withheld by the Employer as income tax according to Korean law

It is not a set amount.

Quote
Severance Pay: Upon retirement from an employment period of 1 year or more, the employee shall receive a severance pay whose amount is equivalent to the employee’s monthly salary. If the contract period is less than 1 year, severance pay is not provided.

You've just accepted a contract that is less than 1 year.

Quote
The Employee agrees to pay a 500,000-won deposit for housing management to cover outstanding monthly services, utilities and a cleaning fee of 50,000 won after the Employee leaves the premise; the Employer shall deduct 250,000 won per month for the first 2 full months from the Employee’s salary. The deposit shall be returned to the Employee after all outstanding bills have been paid.

There are no bills that would amount to 500 000 won.  And 50 000 won for a cleaning fee is bollocks.  I'd accept this from public school but hagwons are shady.

Quote
The Employee shall have to share his/her apartment for up to 7 days for a maximum of 2 times when arriving in Korea and before leaving Korea with a new incoming teacher.

Balls to that.

 
Quote
The Employee is entitled to use a total of (7) days during the agreed employment term as paid vacation in addition to the Korean national holidays. The Employer shall schedule two (2) of the paid vacation days to coincide with the school’s operating schedule; the remaining five (5) days may be used by the Employee during the contract term as agreed upon by both parties. The Employee will be required to use the remaining 5 days during the period when there are few classes, such as a school exam period.

7 days is crap.  Scrap that, 5 is terrible as you are told when to take the 2 days.  And even then your 5 are pretty much during exam periods.

Quote
The remaining (5) days of paid vacation will be replaced with an unpaid vacation during the times of school exam periods up to 3 weeks for the Employee who mostly teaches the middle school students, depending upon the campus situations.

So you have to take unpaid holiday?  Legally, they have to pay you the salary every month if you are available to work.  There is nothing to suggest they can make you take unpaid holiday just because the middle school students aren't coming.

Quote
In case the Employee leaves work early, daily cash compensation is calculated for the actual hours worked; for example, if the Employee’s daily rate is 66,667 won (i.e. base salary divided by 30), this amount is divided by 8 (i.e. regular daily work hours) and then multiplied by the actual hours worked on that day.

Again, this is not how this calculation works.  This is one tight institution.

Quote
A.   Classes falling outside of normal working hours and extra classes taught during winter/summer intensive seasons shall be compensated at the rate of 25,000 won per hour.
B.   Outside working hours (i.e. on a Saturday, Sunday, or holiday) teaching will be required of the teachers when there are special classes or school exams to be prepared for; Sunday or holiday classes are considered overtime regardless of the number of classes taught between Monday through Friday, and each class taught on those days is compensated at the rate of 25,000 won per hour.
C.   Saturday classes may or may not be compensated depending on the campus situations. In the case that Saturdays are not considered working hours, the compensation for Saturday classes will be determined by the director upon the campus circumstances.
D.   If the Employee teaches a certain number of hours on a Sunday or holiday, as determined by the director, then it can be replaced with a day off during the week.  If the Employee takes a day off on a week day, then he/she is required to work on a holiday determined by the director.

25 000 won is okay IF it's for a teaching hour, as in 40/45 minutes plus break.  If it's for an actual hour then it's not good.  By reading this contract, I would expect it's an actual hour. 

Quote
public morals that violates the laws of the Republic of South Korea

I always love these kind of clauses.  Public morals?   :cheesy:

You can tell a lot about a contract by how it is written and I don't like how this one is written.  Sure, it has pension, healthcare etc.  But for 2.1 million... I mean it always gives 2 million for it's examples of stupid daily calculations which seems really stupid.  I'd pass on this one and look elsewhere. 


Re: Is this a good contract
« Reply #3 on: July 09, 2019, 08:56:08 am »
This is a terrible contract. It's not the worst I've seen, but, as Ronnie has pointed out in detail, it's rife with language that indicates a lot of intended abuse and straight-up violations of labor law.

I wouldn't work for a place like this, even if they'd be willing to reword the whole thing. Any place that would write up a contract like this is going to be a problematic work environment.


  • hangook77
  • Hero of Waygookistan

    • 1226

    • September 14, 2017, 09:10:12 am
    • Near Busan
Re: Is this a good contract
« Reply #4 on: July 24, 2019, 12:51:56 pm »
2.1 million won for all this?  Also, less than a year.  So affects end payment, compensation, etc (if there even is any.).  Tell them to F off unless they extend the contract to exactly one year.  You need one year exactly for pension payment.  Also, for all this work and conditions, demand 3 million won a month.  If not, say next and move on.  There are other jobs here and other countries you can teach in which pay more when the cheaper cost of living is factored in.  (Meaning in some other Asian countries you can save more money or payoff your student loans more quickly or whatever). Google search 2000 US dollar esl jobs in Vietnam as an example.  Other countries, etc too.  I can guarantee you when sending money home there versus here, you will almost twice as much in your bank account.  If I were starting over, I wouldn't even come here.  Having 600 US in your bank account back home each month (when you wire the money home) versus having 1300 US or more, it isn't even a comparison.  You can have more money for your future plans, payoff student loans faster.  Do whatever you want. 

Get 3 mil and exactly one year contract date for all that or tell them to screw off. 


  • leaponover
  • Expert Waygook

    • 520

    • March 05, 2012, 12:08:16 pm
    • Iksan, S. Korea
Re: Is this a good contract
« Reply #5 on: July 25, 2019, 07:30:26 pm »
Good God this is bad.  It reeks of "everything we hate and stresses us out about having a Western teacher we are passing on to you"

1.  They hate when a Western treats the apartment badly
2. They hate that they only have one apartment and don't know how to transition from one teacher to the next
3.  They hate having to pay you severance.

As a hagwon owner, they are trying to remove any stress from getting a new employee, but they are the employer.  They should feel stress.  Move on to the next one and shred this damn thing!