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Contract Review (total newbie)
« on: January 10, 2020, 02:38:30 am »
« Last Edit: February 27, 2020, 11:29:11 pm by Montreal24 »

Re: Contract Review
« Reply #1 on: January 10, 2020, 11:33:19 am »
i.   Perform the standard 28 hours of in-class teaching, and a minimum of 12 hours of teaching related work per week, five days per week including Saturdays, with hours and work site to be determined by the Director at his/her sole discretion. For the purposes of this agreement, teaching hours do not include any break time between classes. Meal breaks are not considered working hours.

28 FULL hours a week.  To compare with an elementary public school teacher who will teach a maximum of 22 hours but that will be 40-minute classes which is 880 minutes teaching in total.  This contract will have you teaching 28 hours which will be 60-minute classes which works out at 1680 minutes of teaching a week.  Slightly less than double.    6 days a week?  Keep in mind that by Labour Law, your one paid day off will be Sunday so your salary is calculated on every day of the month.

Also, be careful when it mentions the worksite being determined by the director.  You don't want to be getting in trouble with immigration for working at a site that isn't covered by your visa.

The Employee shall be evaluated monthly by either the Director or the Academic Supervisor

If you're a good teacher, it's fine.  If you're not, then these will be troublesome.

Performance Review:  The employee’s overall performance will be reviewed by the Company on a regular basis and incentive payment may be provided if the employee’s performance meets the criteria set by the Company

First time I've seen such a clause.  If you work a lot they may give you extra money.  Could be good.  At least it doesn't mention a pay cut for working badly.

ii.   Severance Payment:  Upon successful completion of the Agreement, a bonus pay, which is the equivalent of one month’s salary per year worked, less taxes, shall be paid out on the day the Agreement ends. If the Employee’s employment is terminated prior to ____________ for any reason, whether voluntarily or involuntarily, or if the employee resigns prior to ________________ for any reason or otherwise fails to complete the assignment hereunder, the Employee shall receive no Agreement Completion Severance payment whatsoever.

For reference purposes, this is only in your first year.  If you finish a one-year contract and then renew, but quit into your new contract then you will be paid severance for however many months you work into the new contract.

Re-sign Bonus: The Employee shall be paid a bonus of 1,000,000 won (500,000 during the first month and 500,000 during the sixth month) in any subsequent Agreement if the Employer chooses to extend the Agreement for an additional year.

Crikey, a decent incentive.

v.   Orientation and Training: Employees will be required to undertake training and orientation upon their arrival in Seoul. The duration of this instruction will usually be between 3 to 7 days. Employees will receive a payment of 50,000 won for each full day of training/orientation.

Some places are unpaid for training.  Like I said your daily salary on a 2.1 million over a 30 day month would be about 70 000 won a day, so them giving you 50 000 won, isn't so bad.

vi.   Airfare:  The company shall provide a one-way, economy class air ticket from the Employee’s closest Canadian city to Seoul, South Korea for the employee contingent upon receipt of all necessary documents, signing of the Agreement, and successful acquisition of the E-2 visa. The company shall provide a one-way, economy class air ticket for the Employee’s return to his/her closest Canadian city, upon completion of the term of the Agreement. In the event that the Employee continues employment under a subsequent Employment Agreement with the Employer, the return air ticket will be provided at the time of completion of the subsequent Agreement period(s). The company is under no obligation to provide any further air tickets, regardless of the duration or quantity of subsequent Agreements. Alternatively, the Employee may be paid a cash amount of 800,000 won, in lieu of an air ticket, less applicable deductions and withholdings required by law.

Crikey, a return flight. 

viii.   Housing:  The Employee shall be provided with a partly furnished studio-type apartment to be used by the Employee alone. The Company will withhold 200,000 won as a security deposit during each of the first two months of the Agreement, and return it upon completion of the Agreement, after deducting the fees for any damage to the apartment or furniture or unpaid utilities. The company will provide housing accommodation and the Employee shall be responsible for maintenance fees, utilities and any other expenses incurring while he/she occupies the housing. The employee will be entitled to company providing housing limited to the period of his/her presence in workplace for duties described in section 3 of this agreement.

A list of stuff would be nice.  Also, hagwon security deposits are not so good, they are designed more to stop you from doing a runner.  But this one is only 400 000 won as opposed to the usual 600 000 won.

ix.   Sick Leaves:  The Employee will be provided with a maximum of 3 paid sick days during the term of this Agreement. To qualify for the paid sick-days, the Employee must submit satisfactory documentation from a qualified physician to the Director confirming that the Employee was ill and unable to perform his/her duties under this Agreement on the day or days in question.

Crikey, three paid sick days.  Rare for a hagwon.

x.   Attendance Bonus: Under the terms of this agreement, the employer will pay the employee an attendance bonus according to the following schedule:
i.   300,000 won bonus for perfect attendance
ii.   200,000 won bonus for missing 1 day of work (medical or non-medical reasons)
iii.   100,000 won bonus for missing 2 days of work (medical or non-medical reasons)
iv.   No bonus will be awarded if the employee misses 3 or more days of work

Crikey, another incentive.

ii.   The Employee will be given a written admonishment by the Company for unsatisfactory work or performance or unprofessional conduct. If any economic losses result from his/her unfair conduct (for example, absence without notice) the Employee shall be charged the amount of such losses from his/her salary.

As long as the punishment fits the crime then this clause is okay.  If not, then illegal.

v.   If the Employee elects to terminate this Agreement at any time, in all circumstances he/she shall provide two (2) months notice in writing of such intention to the Company. This is so that Company can find a proper replacement for the Employee as to not cancel any classes. Should the Employee fail to provide the Company with at least two (2) months notice, the Employee will be held liable for any monetary damage caused as a result of his/her departure.

By Labour Law you don't need to give them any notice, just if you're being nice.  You are not liable for monetary damage.  It's best just to do a runner.

I was reading this and was thinking 'this isn't so bad', it seems to have a lot of incentives, the workload is a bit much though and then I realised there is no health insurance, no pension or no mention of tax, so I'd give it a pass.  Why don't they have any of those things?  The language of the contract is fairly good and tight, so not your usual crappy hagwon language.  But missing health, pension and tax is big no-no. 

This is my kind of gripe with those on here who say about 2.1 being a crap salary for starters.  I would disagree with that, if the starting salary is 2.1, but it also includes health insurance, pension, holidays etc then I'd see that as okay as a starter.  But accepting 2.1 million but minus those benefits is not worth it.  You have to be careful to avoid these easily seen pitfalls before flying halfway around the world.