Read 401 times

  • chowbow69
  • Newgookin

    • 1

    • August 03, 2019, 02:57:10 pm
    • California, USA
please help! new teacher new contract
« on: August 03, 2019, 03:08:21 pm »
Any advice on this contract would be greatly appreciated. I do not know what I am looking for in a good contract! This position is for a hagwon in Suwon, South Korea.
Thank you!!





Article 1 [Parties]

Article 2 [Workplace & Task]

The workplace and task of Employee is as follow; however, it can fluctuate depending on Employer’s request.

Workplace: Employer’s location and designated place by Employer as stated in Article 1
Task: Tasks that are written on this contract


Article 3 [Term of A Contract]

Contract Period:  1st of  Sep 2019~ 31st of  Aug 2020
This Contract will be terminated on time unless a new contract has been made between two parties.

Article 4 [Training Period]

The Employer agrees to provide one week of training period for the Employee to enhance job performance, work attitude, and etc. before the beginning day of contract
The Employee has an option to make a choice whether or not the Employee wants to take the training classes. Depends on the Employee’s decision, the Employer can put a wage differential.

Article 5 [Working Hours & Recess]

The Break time between classes and no class time will be counted toward recess hour.
If the Employee is done with classes early, the Employee should spend rest of the time preparing for the next day or follow Employer’s instruction that is related to class
In principal, the Employee agrees to have 34 classes per week. If the Employee ends up having more than 34 classes per week due to the Employer’s request, over time working will be paid to the Employee. Any classes before 3:30pm will be counted as 50 minutes class and any classes after 3:30pm will be counted as 45 minutes class.
If 34 classes are not completed, the remaining classes can be transferred to the next month, which may be transferred to additional months.
Working hours, days, recess will be flexible depend upon the Employer’s business situation and the Employee agrees to do overtime work/holiday work accordingly.

Article 6 [Holiday & Break]

If the Employee works all weekdays, Sunday will be counted as the weekly holiday.
The holidays are counted as an annual paid holidays. The Employee has 10 additional paid holidays that the Employer assigns to such as spring, summer, and winter breaks or according to company schedule.



Article 7 [Salary]


The Employer agrees to pay the Employee a monthly salary of 2.4million won.
The Employee agrees with the chart below

Category
Ordinary Wage
Additional Wage
Extended Working Wage
Extra Wage
Amount
1,832,929 won
447,721 won
119,349 won

According to the Article 5 and 6, the Employer agrees to pay the Employee any over working time at the end of month. The Employer will pay 20,000 won for every one class (45 minutes or 50 minutes).
The salary is counted by monthly basis. The salary will be paid on the 10th of the month following each pay period. If the 10th of the month is on the weekend or the holidays, the salary will be paid on the following next day. When the Employee has not worked a full month, salary for that month shall be paid on a pro rate basis either from the first day or until the last day of work.
If the Employee works fully until the end of the Period of Employment, the Employer shall pay the Employee severance pay, roughly equivalent amount stated in Article 7-1.
The Employer will pay the Employee after deducting the tax.
In case of the Employee agrees to join the National Health Insurance and the National Pension, the National Health Insurance and the National Pension fees will be deducted from the Employee’s monthly salary.

Article 8 [Airfare]

The Employer agrees to provide the Employee a round trip ticket which flies to the nearest international airport from the Employee’s hometown when the Employee fulfills 1 year contract.

Article 9 [Housing]

The Employer is responsible for the payment of the rent. The Employer also agrees to provide easy accessibility for the Employee with adequate living accommodations and condition. These basic amenities include a bed, dresser, refrigerator, range stove, washing machine, hot water, and a western style toilet.
The cost of monthly utility services such as the building/apartment’s maintenance, security fee, gas, internet, cable, telephone charges and electricity bill will be paid by the Employee.
One day before the terminating contract, the Employee is responsible to clean up and organize the apartment in good condition as the day Employee moved in. If the Employee fails to fulfill this, the Employee should pay 60,000 won for the cost of cleaning up.
All of above living accommodations in Employee’s house shall be returned in clean and good condition except for reasonable wear and tear and the premises shall be free of all personal property and trash not belong to the house. It is agreed that all dirt, holes, tears, burns, and stains of any size or amount in the carpets, drapes, walls, fixtures, and/or any other part of the premises, do not constitute reasonable wear and tear. If any of above items is out of condition, the Employee is responsible to pay damages according to Article 17.

Article 10 [Duties]

The following terms describe the duties of the Employee.
During the term of this contract, the Employee, as an English instructor, must accept the Principal and the Manager’s directions.
These duties will include instruction in all phases of the institutional English Program, administrative duties related to the Employee’s classroom duties, attendance at scheduled staff meetings and any other duties assigned by the Principal and the Manager.
The Employee must wear proper attire to work. Men must wear ties. The Employee must carry herself/himself in a proper manner as a native speaker of the institute.
The Employee must come to the institute before the time to attend the office for teaching preparation.
The Employee must attend lunch time with students every day.
The Employee must guide students to their buses after classes for safety regulations.
The Employee must attend all academic events.
The Employee must attend Teachers’ Workshop, Day Camp, PTA or Parent’s Presentation on certain Saturday.
The Employee will be provided with the appropriate teaching materials necessary for the assigned classes. However, if there are insufficient teaching materials, the Employee must prepare teaching materials by doing research work for the specified classes.
Any lessons/subjects of the Employee that are not in accordance with the assigned Institute’s program and schedule must not be taught to students. The Employee will be required to submit lesson plans for the next day classes and get confirmation from one of directors at least one day before the class.
The Employee must submit daily reports on each class taught before leaving work
The Employee must take part in performance for students such as children’s day (May 5th), Christmas party, and Halloween party.

As a Homeroom teacher for a class, Employee should follow below duties:
As the Homeroom Teacher, duties include lesson planning, preparing for test paper and writing monthly progress reports to parents in addition to other duties of English Instructor.
The Employee should have phone call counseling with parents regularly (at least once a month for each class).
The Employee should prepare a weekly or monthly class plan (schedules) and homework for each class
The Employee should bind all loose-leaf paper class and activity materials to send home every month.
Check students’ work before binding and fix every error.
The Employee should take pictures of class students and send to parents monthly or on the date that the Employer announce.
The Employee should report to parents and management department when a student or students get injuries.
The Employee make an acceptable and comfortable environment for students
Maintain classroom clean
Decorate with proper themes according to seasons or curriculum.
The Employee should set your own class rules and be strict on keeping them.
The Employee should evaluate class level and set a proper lesson plan for each class.
The Employee should set a good relationship with each student and parents.
The Employee should communicate with native and Korean teachers for each class every day.

The Employee shall ensure every effort and time to accomplish below conditions:
The Employee must be approved in advance if the Employee plans to be absent from work due to illness or other unavoidable circumstances. However, due to any inevitable reasons that the Employee could not get approval from the Employer in advance, the Employee can report the reason of absent (e.x. doctor’s note) 1 hour prior to the morning circle class. Otherwise, it will be treated as the unauthorized absence.
If the Employee comes late due to illness or other unavoidable circumstances, the Employee should inform it in advance to the Employer or other staffs. (If the Employee was not able to contact any of other staffs due to unavoidable circumstances, the Employee should report it to the Employer immediately.)
The Employee shall not leave the building during working hours.   (The Employee must be approved by the Employer, if the Employee has to go out or leave early due to illness or other unavoidable reasons.)
Any tardiness, early leave, and/or absence from the building will be treated as unpaid working hour(s).
The Employee shall not take any act to inhibit the company's interests and any collective actions for the purpose of something else other than the duty except for the cases approved by such laws/regulations or approval from the Employer.
The Employee shall not share about one’s own wage information (under Article 7). Also, the Employee shall not attempt to know other worker’s wages. The Employee should take all the disadvantages resulting violations.



Article 11 [Deposit]

The Employee should deposit 100,000 won per month to the Employer as the reimbursement for the entrance airfare according to Article 8.
The Employer agrees to reimburse the deposit money back to the Employee at the end of the contract period.

Article 12 [Confidentiality Observance]

The Employee agrees that the Employee will not disclose to others or use, whether directly or indirectly, any confidential information for the Employee’s own benefit or for any purpose [It also applies even after resignation]
Failure to comply with any of these provisions and cause any damage to company may result in disciplinary action being taken against the Employee according to Article 17.

Article 13 [Libel]

The Employee agrees to take no action which is intended, or would reasonably be expected, to harm the Company or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Company either by orally or using technologies such as the Internet, SNS, email, or phone.
Failure to comply with any of these provisions and cause any damage to company may result in disciplinary action being taken against the Employee according to Article 17.

Article 14 [Concurrent Offices]

The Employee agrees to not have concurrent offices without the permission from the Employer.
Failure to comply with above amendment and cause any damage to company may result in disciplinary action being taken against the Employee according to Article 17.

Article 15 [Staff Handover]

The Employee agrees to announce to the Employer in writing before 60 days, if the Employee decides to resign the job due to personal reasons Moreover, the Employee is responsible to handover to designated successor or temporary employee 7 days before resignation.
Failure to comply with above amendment may result the Employer to a cut in salary according to the Labor Standard Act. If it causes any damage to the Company, the Employer have the right to put in a claim for damage according to Article 17

Article 16 [Termination of the Contract]

The Employer may terminate this Contract for any one of the following reasons:
If it is determined that the Employee is prevented from or incapable of performing his/her duties set forth in Article 10 hereof for a medical reason, whether it is a physical or psychological ailment (If requested by the Employer, the Employee must be immediately available for a medical examination.)
If the Employee receives a serious criminal offense like imprisonment (including suspended sentence).
If the Employee is declared incompetent or quasi-incompetent.
If the Employee’s dismissal is determined.
If the Employee profoundly libel or slander the Employer or the Employee purposefully interrupt the conduct of business.
If any other equivalent occasion occurs.

Article 17 [Compensation for Damages]

   The Employee agrees to immediately compensate any damages (monetarily or non-monetarily) occurred due to reasons attributable to the Employer either during under Contract or after retirement.

Article 18 [Further Information]

   Any other working conditions/situations that are not mentioned in this Contract will be abided by the Labor Standard Law or Company’s rules.


Re: please help! new teacher new contract
« Reply #1 on: August 04, 2019, 09:18:19 am »
HOLY CRAP! YIKES

First and foremost 34 teaching hours?!?!?
If the school cancels the class for any reason you are required to make up the 34! hours the next week? Dude 30 teaching hours is a lot 34 is crazy.

On top of your 34 hours you will need to come in on Saturdays for parent teacher meetings and call the parents?!?!?

The Employer agrees to pay the Employee a monthly salary of 2.4million won.
The Employee agrees with the chart below

Category
Ordinary Wage
Additional Wage
Extended Working Wage
Extra Wage
Amount
1,832,929 won
447,721 won
119,349 won.......

So they've actually devised a way to screw you out of your severance pay? You'll get paid severance on 1,832,929 now 2.4 million won?

Men must wear ties.  Serious? For 34 hours at 2.4 million won? HA

The Employee must attend lunch time with students every day.
The Employee must guide students to their buses after classes for safety regulations.

for 2.4 million won and 34 teaching hours I have to feed minsu and walk him to the bus too dang your gonna be tired! This is sounding like 10 hours a day work..... they never actually mention your working hours either.

The Employee must submit daily reports on each class taught before leaving work...... there's another 30 minutes to an hour tacked onto your grueling 7 class a day routine gee thanks Mr. Kim!

The Employee should bind all loose-leaf paper class and activity materials to send home every month.
Check students’ work before binding and fix every error.
Good LORD! When do they let you go home and rest your weary bones? They're paying you a miserly 2.4 for all this work?

The Employee shall not leave the building during working hours.
Do you smoke? Well not anymore!  ;D

The Employee should deposit 100,000 won per month to the Employer as the reimbursement for the entrance airfare according to Article 8. HELL NO!

The Employee agrees to announce to the Employer in writing before 60 days.
30 days is the law

Article 17 [Compensation for Damages]

The Employee agrees to immediately compensate any damages (monetarily or non-monetarily) occurred due to reasons attributable to the Employer either during under Contract or after retirement.

10 years later you're back in America and little minsu complains that you ruined his life.... they're coming after you!



Seriously though........ RUN AWAY this is one of the worst contracts I've ever seen. If you sign this and go to work for them you will be selling yourself to some very cheap slave owners. What a joke....

TexasChicken



Re: please help! new teacher new contract
« Reply #2 on: August 04, 2019, 11:02:52 am »
The fact that you are even asking about such a crap contract is telling. The workload they are asking you to do is completely insane. If you factor in that the won is in the toilet and the hours you will have to work you will quickly realize that you will be making less than a McDonald's worker back home. Not only would I refuse this I would also block the recruiter who sent you this contract.


  • taeyang
  • Moderator - LVL 4

    • 5502

    • September 08, 2010, 08:35:10 am
    • daejeon
Re: please help! new teacher new contract
« Reply #3 on: August 07, 2019, 09:59:46 am »
do not sign this contract.
use google to search the site

site:waygook.org XXXX

replace 'XXXX' with your search term


  • HappyPlanetAbuser
  • Super Waygook

    • 259

    • May 30, 2019, 11:30:16 pm
    • in my car polluting your air
    more
Re: please help! new teacher new contract
« Reply #4 on: August 08, 2019, 05:00:14 pm »
The Employee shall not leave the building during working hours.

 ;D

I am having a hard time imagining anyone saying this to a teacher. Is this even legal?
Who's ready for another 4 years of Trump 2020!


  • oglop
  • The Legend

    • 2158

    • August 25, 2011, 07:24:54 pm
    • Seoul
Re: please help! new teacher new contract
« Reply #5 on: August 08, 2019, 07:39:22 pm »
The Employee shall not leave the building during working hours.

 ;D

I am having a hard time imagining anyone saying this to a teacher. Is this even legal?
not in this korea, anyway


  • NorthStar
  • Super Waygook

    • 482

    • July 05, 2017, 10:54:06 am
    • Seoul
Re: please help! new teacher new contract
« Reply #6 on: August 11, 2019, 10:14:23 am »
And yet ,so many folks agree to do this....and when you point out that ,"Look, you cannot be forced to stay at your school during your break...(feeding the ****** kids)" , this glazed, zombie-like expression settles in their faces and they just become slack-jawed, not knowing what to say or do.