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  • Joonae
  • Waygookin

    • 10

    • June 27, 2017, 05:19:44 pm
Hagwon Contract Review
« on: January 29, 2020, 09:18:24 pm »
I was wondering if this contract is okay. I have an MA in Translation Studies, one year of teaching experience at a hagwon, and I worked as a British Council Language Assistant in Spain for one year. I also have a 120 hour-TEFL certificate.

I was also wondering what's the normal process for signing a contract as I can't exactly remember what I did the first time. Do I sign the contract and then send it to the school (along with my documents) so that the employer can sign it?

EMPLOYMENT AGREEMENT FOR TEACHER


This EMPLOYMENT AGREEMENT has been made on this day January, 28 2020 between ___________________ __ and ___________________, a citizen of ____________-- (hereafter referred to as the "Employee"). The Employee will teach English at_________________ __ at: ___________________ ___________________ __(hereinafter referred to as the “Institute”). The Employer hereby hires the Employee and both parties agree on the following terms and conditions:

I.   Period of Employment

a.   The total agreement term is 12 months, beginning 1 March 2020 and finishing 28 February 2021.

II.   Conditions of Employment

a.   The Employee will be responsible for conducting professional, well-planned

English language classes. The Employee’s duties will include:

i.   instruction in any phase of the Institute's program;

ii.   development of educational programs and materials;

iii.   extracurricular activities for/with students when needed;

iv.   grading, evaluating and counseling of students;

v.   attendance at teachers' meetings and workshops conducted by the Institute;

vi.   class preparation;

vii.   cooperation with the management’s program and policy changes in all aspects of employment.

b.   Working hours

i.   Work hours are set at 1:30 pm to 7:30 pm, Monday to Friday. The Employee will not be required to work on Saturdays, Sundays, or Korean national holidays, except by special arrangement and mutual agreement of both the Employer and the Employee.
ii.   The Employee is required to teach up to 6 consecutive hours per day. The Employee has the right to refuse to teach more than 6 hours per day.

iii.   The Employee is required to teach up to 30 hours per week. The Employee has the right to refuse to teach more than 30 hours per week.

iv.   The Employee is required to arrive at the Institute at a time scheduled by the school, AND at least 30 minutes before the first class.
 
v.   The working schedule may be modified from time to time, in line with the above stated conditions, at the sole discretion of the Employer depending upon the needs of the Institute.

c.  Salary, overtime, and severance pay

i.   The Employee’s gross income is set at 2,200,000 won per month.

ii.   The salary will be paid on or before the 1st day of each teaching month.

iii.   Computation of the initial (first month of employment) salary will commence from the 1st day of actual teaching at the Institute.

iv.   In cases where the Employee’s total teaching hours exceed the limit set above 6 hours per day, or of 30 hours per week, overtime will be paid at at least 20,000 won per hour of teaching.

v.   Upon successful completion of the contract period (12 months), the Employee will be given severance pay which is equivalent to their monthly salary of 2,200,000 won. It will be paid within one month of the completion of the contract.

d.  Benefits

i.   Housing

1.   The Employer will select and provide a private furnished apartment for the Employee, usually located not far from the Institute (about 10-15 min.).

2.   The Employer will provide furnishings including a single bed and appropriate coverings, a stove, a refrigerator, washing machine, a TV set, and an air-conditioning unit.

3.   Installation and associated fees for internet and cable TV will be paid and organized by the employer.

4.   The costs of all utilities (gas, water, electricity, internet, cable TV, and telephone charges) and a monthly maintenance fee, as set by the apartment building management, will be paid by the Employee.

5.   The Employee agrees to pay for repairs to any damage to the apartment, as required by the apartment building management, not less than one week before leaving.

ii.   Vacation, holidays and sick days

1.   All Korean national holidays will be observed and will be paid.

2.   In addition to national holidays, 10 days of paid vacation will be given, to be scheduled by the employer.

3.   The Employee will be allowed 5 paid sick days. For the purposes of this contract, sickness will a) be a condition which is severe enough to make working impossible; AND b) be verified by a licensed medical practitioner; AND c) not be brought about as the predictable result of inappropriate behavior, including (but not limited to) excessive use of alcohol.

iii.   Health insurance

1.   The Employee will receive health insurance coverage provided by the Korean government, with 50% of the premium paid by the Employer and 50% by the Employee.

iv.   Transportation

1.   The Employer will reimburse the Employee a one-way economy class air ticket to Korea from a main international airport in the country/city where the Employee resides and from which they were hired. After completing a one-year contract the Employee will be provided with a one-way economy class air ticket back to the country from which they were hired or the cash equivalent.

III.   Taxes and Other Deductions

a.   The following taxes and deductions will be withheld from the Employee’s monthly salary:

i.   income tax as required by Korean law;

ii.   National Pension Contribution as required by Korean law (NOTE: upon completion of the contract, pension contributions may be fully reimbursed to the Employee by the Korean government);

iii.   government issued health insurance as outlined in Section II, Part iii.

IV.   Employee’s Conduct and Dress Code

a.   During the term of this Agreement the Employee is expected to conduct himself/herself in a professional manner that projects a good image of the Institute. Therefore, the following forms of behavior will NOT be permitted:

i.   coming to the Institute and conducting class under the influence of alcohol or illegal drugs and/or while smoking;

ii.   making sexual advances towards or entering into relationships with the students or employees of the Institute;

iii.   using language in class that would offend or discredit students, the staff, and/or the Institute;

iv.   not following scheduled class timetables, canceling classes, and/or starting classes late without the prior approval of management.

b.   The Employee should present themselves to students as a professional. All clothing and personal accessories should reflect good taste, as defined by the Employer. Casual attire, provided it is clean and neat, is acceptable.
 

V.   Duty of Confidentiality

a.   The Employee may not disclose information relating to the contents of lectures, teaching material and business operation of the Institute to any third party.

b.   The Employee may not disclose information regarding their salary, overtime payment, and contract hours to any third party, including other Employees of the Institute.

c.   The Employee may not discuss the age, race, sexual orientation, religious beliefs, or personal life of another employee, except with express permission of that person.

VI.   Outside Employment and Conflicts of Interest

a.   According to Korean Immigration Law, foreign workers are allowed to work legally in Korea ONLY for the Employer/Institute for which they have received a work visa.

b.   By signing this Agreement, the Employee agrees to devote his expertise, time and attention to discharging their duties to their legal Employer and not to engage in any other activity that would in any manner whatsoever compete with the Employer and/or pose any conflict between the interest of the Employer and the other party and/or interfere with the performance of the

Employee’s duties.

VII.   Dismissal, Voluntary Resignation and Liquidating Damages

a.   The Employer will have the right to dismiss the Employee if or when:

i.   The Employee repeatedly fails to perform their duties stated under this Agreement including but not limited to frequent absences from the place of Employment/Institute without approval of the Principal/ Vice-Principal.

ii.   The Employee fails to conduct themselves in a professional manner

(as described in Employee’s Conduct and Dress Code section of this

Agreement) resulting in damaging the image of the Institute.

iii.   The Employee places any student or staff member in jeopardy or causes significant material damage to the Employer as a result of their negligence or reckless behavior.

iv.   The Employee commits any criminal act inside or outside the place of employment/Institute. This will result in immediate dismissal with neither warning nor time for remedy being given to the Employee.

v.   The Employee has already received 3 reprimands/warnings from the Employer of dissatisfaction with the Employee’s performance, and the Employee has not rectified the situation.

 
b.   If the Employee chooses to terminate the contract before the full completion of the contract period, 45 days prior written notice must be given to the Employer before termination of the contract. After the 45 day period of notice the Employer will provide a letter of release.

c.   In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket or severance pay. In addition, if the Employee voluntarily terminates this contract before 3 months of employment, they will have to reimburse to the Employer the initial airfare and other documented expenses that the Employer has incurred in the process of hiring of the Employee, such as recruiter’s fee, and other expenses (if applicable).

d.   Should the Employer find a replacement for the terminating employee within 45 days’ notice, the terminating employee agrees to vacate the provided accommodations and the employment position early.

e.   Should the Employee fail to meet any of these conditions, the Employer holds the right to refuse to sign a letter of release.

VIII.   Understanding

a.   Both parties have read the above terms and conditions and agree to fulfill them in good faith and will resolve any dispute in a reasonable manner.

b.   All issues that cannot be solved by the two parties above will be solved in accordance with the appropriate laws of the Republic of Korea.

c.   The Employee agrees that official third-party channel of dispute resolution will, a) be used only after all other reasonable attempts at reconciliation; AND b) will be instituted no more than 30 days after termination of the contract.

IX.   Full Knowledge

a.   The Employee agrees that he/she has read the entirety of this Employment Agreement and taken independent advice upon it.
« Last Edit: January 30, 2020, 01:21:32 am by Joonae »


Re: Hagwon Contract Review
« Reply #1 on: January 29, 2020, 10:33:55 pm »
The hours look good for a hagwon.

The pay is a blast from ten years ago. 2.2 million won doesnt go far these days.

Also it sounds like there’s no break time six consecutive class hours without break every day is tiring especially for a lowly 2.2. Ask for a higher salary 2.2’s lower than what taxi drivers and bus drivers make these days....


  • waygo0k
  • The Legend

    • 4089

    • September 27, 2011, 11:51:01 am
    • Chungnam
Re: Hagwon Contract Review
« Reply #2 on: January 30, 2020, 05:25:43 am »
It’s impossible to know how packed your teaching schedule would be. It could be that you only actually teach 15-25hrs a week during term time and the full 30 during vacation and exam periods...which would be ok.

While it might sound not too bad, 6 consecutive teaching hours a day m-f is recipe for burnout. Perhaps you could try to negotiate it down to around 27 teaching hours per week.


  • NorthStar
  • Expert Waygook

    • 986

    • July 05, 2017, 10:54:06 am
    • Mouseville
Re: Hagwon Contract Review
« Reply #3 on: January 30, 2020, 07:11:53 am »
Do not go for any hagwon that will reimburse a ticket to Korea....


  • Joonae
  • Waygookin

    • 10

    • June 27, 2017, 05:19:44 pm
Re: Hagwon Contract Review
« Reply #4 on: January 30, 2020, 08:03:45 am »
Do not go for any hagwon that will reimburse a ticket to Korea....

Thanks for mentioning that. I didn't realise this until now.

It’s impossible to know how packed your teaching schedule would be. It could be that you only actually teach 15-25hrs a week during term time and the full 30 during vacation and exam periods...which would be ok.

While it might sound not too bad, 6 consecutive teaching hours a day m-f is recipe for burnout. Perhaps you could try to negotiate it down to around 27 teaching hours per week.

The hours look good for a hagwon.

The pay is a blast from ten years ago. 2.2 million won doesnt go far these days.

Also it sounds like there’s no break time six consecutive class hours without break every day is tiring especially for a lowly 2.2. Ask for a higher salary 2.2’s lower than what taxi drivers and bus drivers make these days....

The current teachers say you only teach five classes a day: three 50-minute classes and two 45-minute classes.


Re: Hagwon Contract Review
« Reply #5 on: January 30, 2020, 08:21:51 am »
Just looking over it looks okay for a hagwon.

Quote
Work hours are set at 1:30 pm to 7:30 pm, Monday to Friday. The Employee will not be required to work on Saturdays, Sundays, or Korean national holidays, except by special arrangement and mutual agreement of both the Employer and the Employee.
ii.   The Employee is required to teach up to 6 consecutive hours per day. The Employee has the right to refuse to teach more than 6 hours per day.

iii.   The Employee is required to teach up to 30 hours per week. The Employee has the right to refuse to teach more than 30 hours per week.

iv.   The Employee is required to arrive at the Institute at a time scheduled by the school, AND at least 30 minutes before the first class.

By Labour Law, you have to have a thirty-minute break to do what you want for every four hours worked.  This shouldn't include lesson preparing between classes.  But the hours seem alright for a hagwon.  But six consecutive hours will be tiring especially after a few months. 

It has return flights, tax, pension and health included which is always a good thing.  There are even five paid sick days which are very rare in hagwons.   

Quote
b.   If the Employee chooses to terminate the contract before the full completion of the contract period, 45 days prior written notice must be given to the Employer before termination of the contract. After the 45 day period of notice the Employer will provide a letter of release.

Usually, it's 30 days for the employer to you.  You could just leave if you wanted, there is nothing holding you there unless you want to change schools and get a LOR, so 45 days and then receiving an LOR seems to be a good thing. 

Quote
c.   In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket or severance pay. In addition, if the Employee voluntarily terminates this contract before 3 months of employment, they will have to reimburse to the Employer the initial airfare and other documented expenses that the Employer has incurred in the process of hiring of the Employee, such as recruiter’s fee, and other expenses (if applicable).

You are not liable for these as there is no definite amount, they could just make one up.

It seems fairly alright this one.  Check with current teachers and then move on from there.  It's not riddled with inconsistencies and includes things that other hagwon contracts don't have like pension, health insurance and paid sick days.


  • oglop
  • The Legend

    • 2940

    • August 25, 2011, 07:24:54 pm
    • Seoul
Re: Hagwon Contract Review
« Reply #6 on: January 30, 2020, 09:10:56 am »
working hours are good. i'd ask for a clause in the contract the make it legal for me to work another job in the morning


  • Joonae
  • Waygookin

    • 10

    • June 27, 2017, 05:19:44 pm
Re: Hagwon Contract Review
« Reply #7 on: February 01, 2020, 10:22:34 pm »
Thanks for the replies, everyone.


Re: Hagwon Contract Review
« Reply #8 on: February 01, 2020, 10:42:14 pm »
It's rubbish. 6 straight hours of teaching is a recipe for disaster. Don't settle for this when you have a masters. This is crap.


  • Cohort 2019
  • Super Waygook

    • 282

    • August 17, 2019, 08:09:23 pm
    • 90°S.- 0'E
    more
Re: Hagwon Contract Review
« Reply #9 on: February 02, 2020, 02:16:59 am »
I'd actually disagree with the 6hrs too much line here put out by most.
I think it would be doable, especially when it is only conversation.

Just prep them well and teach them how to start convos in pairs or with threes by using these:
https://halandsteveenglish.com/pages/daily-free-lesson

That will free you up to walk around the class  and help whenever needed. Pending on the size you could introduce a card system where students put a Question mark card on their desk if their team has a question, so you'd know to head over there and talk to them.

Doable, if you organise it well.
incumbo studiis


Re: Hagwon Contract Review
« Reply #10 on: February 02, 2020, 04:41:23 pm »
No one is saying it isn't " doable ". I COULD work for 20 straight hours while being beaten with a whip but just because something is theoretically possible doesn't mean it's ideal. It's not that working 6 hours straight is bad or undoable.  It's just not advised for someone with a MA to work for 25 grand a year for such work.


Re: Hagwon Contract Review
« Reply #11 on: February 03, 2020, 04:00:04 pm »
The following is a review of the contact against the current Korean Labor Standards Act (KLSA):

"ii.   The Employee is required to teach up to 6 consecutive hours per day. The Employee has the right to refuse to teach more than 6 hours per day."
This is  a violation, the Employer is required to give a rest period after 4 consecutive hours of work and the rest period should be no less than 30 min.  If you like the job then there is no reason to bring up the issue, on the other hand if you decide the employment position is no longer for you can bring it up later (after the 3 month probationary period) and it can be addressed later.  You cannot "give up" your rights in the Republic of Korea on any issue regarding Labor Law.

"iv.   The Employee is required to arrive at the Institute at a time scheduled by the school, AND at least 30 minutes before the first class."
Counts towards the "30 hours per week", i.e. you are working 6 1/2 hours per day and being paid for 6 hrs. Violation of the LSA, but can be addressed later (i.e. end of term of employment) with an Unpaid wage claim.

iv.   In cases where the Employee’s total teaching hours exceed the limit set above 6 hours per day, or of 30 hours per week, overtime will be paid at at least 20,000 won per hour of teaching.
Violation of the LSA, overtime rates are calculated based upon your Ordinary Wage and the total contract hours, the number in the contract is low.  Can be addressed with an unpaid wage claim later after term of employment but you must keep o.t. records that will be suitable for the Ministry of Employment and Labor (MOEL)

v.   Upon successful completion of the contract period (12 months), the Employee will be given severance pay which is equivalent to their monthly salary of 2,200,000 won. It will be paid within one month of the completion of the contract.
Two items:
1) Severance is a calculated value that is based upon your unused annual paid leave, the total number of calendar days in the last three months of employment, your average wage and any overtime you have accrued in the last three months... it usually is between 6-9 weeks of wages .... and there is no tax or deductions
2) Severance and all owed wages and cash for unused annual leave have to be paid within 14 days of the last day of employment.

4.   The costs of all utilities (gas, water, electricity, internet, cable TV, and telephone charges) and a monthly maintenance fee, as set by the apartment building management, will be paid by the Employee.

5.   The Employee agrees to pay for repairs to any damage to the apartment, as required by the apartment building management, not less than one week before leaving.

These issues are adjudicated using Korean Civil Law, as such you have to ensure that you take a video record showing the state of repair the housing unit is currently in (i.e. is there running water, does the toilet flush well or poorly, does the AC run etc) or else you have agreed to pay for ALL repairs, including the leaky roof etc.
The Employer is NOT allowed to withhold any of your wages to be used to pay for the fee (monthly maintenance fee can be 2-300$/month) they must GIVE you the invoice and then you pay the invoice directly.

1. All Korean national holidays will be observed and will be paid.
2.   In addition to national holidays, 10 days of paid vacation will be given, to be scheduled by the employer.

The number of Annual Paid Leave Days was increased in 2017, even back then it was 15, now it is over 20.
Your Employer has agreed to give you all National Holidays (known as 'red letter days', about 10) in addition to the amount granted by the Korean Labor Standards Act.  What ever you do not use, you are to be paid out in Cash at the end of your contract, and 25% of the cash value is added to your Severance.  This is good for you.

3.   The Employee will be allowed 5 paid sick days.

This is good for you, there are no "Sick Days" in the LSA.

iii.   Health insurance

1.   The Employee will receive health insurance coverage provided by the Korean government, with 50% of the premium paid by the Employer and 50% by the Employee.

Please note, your National Health Insurance Coverage will come into effect the beginning of the THIRD month you reside in Korea. Month 1 & 2, you pay the premiums, but the KNHI full coverage starts at the END of month 2/ START of month 3.  There are some minor exceptions and depends on the Doctor.

VII.   Dismissal, Voluntary Resignation and Liquidating Damages

a.   The Employer will have the right to dismiss the Employee if or when:

i.   The Employee repeatedly fails to perform their duties stated under this Agreement including but not limited to frequent absences from the place of Employment/Institute without approval of the Principal/ Vice-Principal.

ii.   The Employee fails to conduct themselves in a professional manner

(as described in Employee’s Conduct and Dress Code section of this

Agreement) resulting in damaging the image of the Institute.

iii.   The Employee places any student or staff member in jeopardy or causes significant material damage to the Employer as a result of their negligence or reckless behavior.

iv.   The Employee commits any criminal act inside or outside the place of employment/Institute. This will result in immediate dismissal with neither warning nor time for remedy being given to the Employee.

v.   The Employee has already received 3 reprimands/warnings from the Employer of dissatisfaction with the Employee’s performance, and the Employee has not rectified the situation.

 
b.   If the Employee chooses to terminate the contract before the full completion of the contract period, 45 days prior written notice must be given to the Employer before termination of the contract. After the 45 day period of notice the Employer will provide a letter of release.

c.   In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket or severance pay. In addition, if the Employee voluntarily terminates this contract before 3 months of employment, they will have to reimburse to the Employer the initial airfare and other documented expenses that the Employer has incurred in the process of hiring of the Employee, such as recruiter’s fee, and other expenses (if applicable).

d.   Should the Employer find a replacement for the terminating employee within 45 days’ notice, the terminating employee agrees to vacate the provided accommodations and the employment position early.

e.   Should the Employee fail to meet any of these conditions, the Employer holds the right to refuse to sign a letter of release.


Lots of issues really.

All new employees of any Korean Company are on a Mandatory 3 month probationary period, during which the Employer can terminate you with a simple letter of termination and without notice.

AFTER THREE MONTHS.....

To terminate an Employee (Kr National or Foreigners) there verbal warnings, followed by three written warnings are THEN followed by a Notice of Termination which comes into effect 30 days after the Employee receives the Notice of Termination. i.e. Issued Jan 1st, then it comes into effect Jan 31st, which is the last day of work.


ii.   The Employee fails to conduct themselves in a professional manner (as described in Employee’s Conduct and Dress Code section of this Agreement) resulting in damaging the image of the Institute.
iii.   The Employee places any student or staff member in jeopardy or causes significant material damage to the Employer as a result of their negligence or reckless behavior.
iv.   The Employee commits any criminal act inside or outside the place of employment/Institute. This will result in immediate dismissal with neither warning nor time for remedy being given to the Employee.


Must be adjudicated in Korean Civil Court, so if that is used to "fire you", it is not a valid reason for Termination and you can be reinstated.
Violation of the LSA and not valid

b.   If the Employee chooses to terminate the contract before the full completion of the contract period, 45 days prior written notice must be given to the Employer before termination of the contract. After the 45 day period of notice the Employer will provide a letter of release.
Employees can give 1 day of Notice, there is no requirement for an Employee to give any notice.  That is to prevent abuse/indentured servitude/slavery of the Employee.
The Employers are the only parties required to provide written notice.

.   In any case of dismissal or voluntary resignation, the Employer will not provide a return ticket or severance pay. In addition, if the Employee voluntarily terminates this contract before 3 months of employment, they will have to reimburse to the Employer the initial airfare and other documented expenses that the Employer has incurred in the process of hiring of the Employee, such as recruiter’s fee, and other expenses (if applicable).
Violation of the LSA (and several other laws in Korea) and if the Employer "keeps" any money then it is simply a claim for unpaid wages.
Very illegal, not enforceable.

d.   Should the Employer find a replacement for the terminating employee within 45 days’ notice, the terminating employee agrees to vacate the provided accommodations and the employment position early.
The Employer is responsible for housing up until the last day of employment.

.   Should the Employee fail to meet any of these conditions, the Employer holds the right to refuse to sign a letter of release.
The Letter of Release is no longer an issue in the Republic of Korea.  In the "old days" the only way you could transfer employment was by your old employer giving you
permission to work for another company.  All you need to do is to request a Record of Work on your last day (if the employer does not give it then they pay large fines and face potential imprisonment and you can proceed with prosecution under the Korean Criminal Act in some instances) followed by taking the statement to the Dept of Immigration.
You notify the Dept. of Immigration you no longer work there, and then proceed to process a D-10 VISA (a "Job Finders" VISA)

The contract is mostly harmless and really any potential issues you can address at the end of the term of employment and it appears most will fall into unpaid wage category.
Make sure:
1) you keep a separate time sheet (taking a photo of the school clock helps also) which shows you are working 6 1/2 hour per day BECAUSE the 1/2 each day is OVERTIME.  Over the course of the term of employment it is several thousand dollars.
2) make sure you make a detailed record of the state of your house when you move in or you could be paid for roof repairs.

Cheers,