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(hopefully last) contract review
« on: January 30, 2020, 01:47:37 pm »
Linguistics BA, 160hr TEFL, no experience, Asian American

Hi it's me again..! I ended up turning down the other offers and I'm back with another contract. (Sorry for posting so many of these, I really hope this is the last one.) I interviewed with the head foreign teacher, and I also talked to another teacher who answered a bunch of questions I had.

So according to the head teacher, the teachers at the school currently have 16-20 teaching hours per week (no more than 4hrs per day) and since they are hiring more teachers for the new semester, the hours will probably decrease. Kindergarten classes are 30min each and elementary classes are 40min. Fridays are for fun activities/field trips for kindergarten but I would still have elementary classes. The teacher was honest about having last minute things (like all hagwons do) but they always get paid on time and get off work on time.

I know there's no such thing as a perfect hagwon and I honestly don't have high expectations for my first year but this school sounds great to me (especially the teaching hours). What do you think?


1.   TERMS OF AGREEMENT
1.1.   This agreement will begin March 2nd . 2020  and end  March 1st . 2021
1.2.   The working visa issued by the exclusive agreement between the Employer and the Employee becomes invalid right after termination of agreement.
1.3.   This agreement may be renewed by mutual consent two months prior to its expiration. Without new agreement between the Employer and the Employee two months before the expiration, the Employee shall be automatically dismissed from employment when the contract expires.
1.4.   If the Employee wishes to terminate the employment contract prior to the agreed date of expiration due to his/her personal reasons which are not accepted by the Employer, he/she has to pay a fine of the equivalent of the one way airfare which the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school.
1.5.   Prior to such early termination, the Employee should give a 60 day notice in written to the Employer.


3.   DUTIES OF THE EMPLOYEE
Teaching days will be Monday to Friday, 10:00am to 6:00pm with the exception of Graduation Ceremony, Graduation Trip, workshop, and training that may be outside the normal teaching days.
3.1.   During the term of this agreement, the Employee will accept, obey and comply with the instructions, supervision, training and discipline of the Employer of the Language Institute. These duties will include but not limited to instruction for regular classes, administrative duties related to the Employee’s classes, class preparations, student placement testing, student evaluations, attendance at scheduled instructors’ meetings, and workshops and extracurricular duties (Lunch-time table classes, Field trip etc.) as may be assigned by the Employer. The Employer is to set standards of performance for the Employee and is empowered to take reasonable steps necessary for assuring that those standards are met.

3.2.   The Employee must not cancel classes arbitrarily. If cancellation of classes is unavoidable, the Employee must consult with the Employer in advance. In case of sickness, unexpected accidents, and bereavement, the Employee has to take steps stated in 4.2 and 4.3 of this agreement.

3.3.   The Employee is not allowed to work for any other organization during the term of employment.

3.4.   At all times during the term of this agreement, the Employee is to perform his/her work according to the curriculum and the teaching methods that have been established by the Employer.

3.5.   The Employee understands and agrees that at all times during the term of this agreement; the Employee is to follow all the provisions of laws and regulations of the Government of Korea and any local government authorities thereof.

3.6.   During the first 2 months of employment, all first-year employees will be required to arrive at by 9:20am and prepare for lessons at least 2 hours per day.  All employees will be required to prepare at least 1 hour per day.

3.7.   Employee will be required to undertake orientation and training before commencing teaching.  The period of training and orientation will usually be 2-3 days.

3.8.   All Employees are to be punctual and arrive at school by 9:30. If an Employee is late 3 times, it will count as a day absence and the pay will be deducted accordingly.


4.   SALARY AND OTHER BENEFITS FOR THE EMPLOYEE
4.1.   Salary
The Employee will be paid the total of 2.2 million Korean won (before income tax and other adjustments as required under Korean Law (see 4.7) per month.
The Employee’s salary will be paid on the 10th of the each month. If this day falls on a national holiday, Saturday, or Sunday, the salary will be paid on the next business day. However, in the last month of the contract term, the monthly salary is to be paid on the last business day of the month or the 10th of the next month, which is the regular payment day.

4.2 Severance Payment
On the condition that this contract is completely satisfied and that employment lasts for one year, a special allowance of a month salary will be paid to the Employee by the Employer. The severance payment which is also subject to Korean income, resident, and other taxes will be paid one month after the completion of the contract.

4.3 Overtime Payment
Overtime pay will be calculated on an hourly basis and will be paid 20,000 won.

4.4   Sick Leave
Provided that the Employee submits medical certification (limited to serious illness or hospitalization) from the hospital designated by the Employer, the Employee is allowed a maximum of 5 unpaid sick days per year.

4.5   Bereavement Leave
If any of the employee’s immediate family dies during the term of the contract, the Employee may request a 5 days of Bereavement Leave to attend the funeral.

4.6   Housing
The Employee will be provided with furnished housing by the employer. All fees, charges, costs, taxes, expenses, general maintenance fee, etc. incurred in using the housing will be borne by the employee. In case the Employee would not like housing provided, he/she may request a monthly allowance of 400,000 won instead.

4.7.Holidays and Vacations
Holidays and vacations are assigned according to the school calendar.
The Employee is entitled to 10 days vacation (5 in the summer and 5 in the winter) during school’s summer and winter break.  Before making any vacation plans, the employee must consult the school’s vacation schedule first.

4.8 Medical Insurance and Pension
The Employee is to be covered by the medical insurance law. 50% of the insurance premium and pension will be paid by deduction from the Employee’s salary.

4.9 Bonus/Stipend
The Employer may, at its sole discretion, provide the Employee with bonuses, stipends or other additional remuneration; provided, however, that such bonuses, stipends or other additional remuneration shall neither be expected nor required by either party.


5   DISMISSAL
5.1   The Employer has the right to dismiss the Employee for negligence of duties, misconduct, or unwillingness or inability to meet conditions of employment as set forth in this agreement. Prior to such dismissal, the Employee will be given 30 days notice. However, illegal activities or other misconduct which has jeopardized any students or staff members of the Employer, or which damages the reputation of the Employer, will be the cause for immediate dismissal without warning or time for remedy.

5.2   The Employer has the right to dismiss the Employee for providing false information in related application documents.

5.3   In addition to the above two reasons, if the employer decides that there is any reason to dismiss the employee, the employer can dismiss the employee without 30 days notice.


6   GUARANTEES
The Employee guarantees that all facts provided by him/her in the Employee’s resume, diplomas, certificates, or any other documents are true and correct.


7   INDEMNIFICATION CLAUSE
The Employer shall not be responsible for any damages caused by the misconduct or negligence of the Employee.


8   GOVERNING LANGUAGE & COURT OF LAW
This agreement was drawn up and will be executed in the Korean language, and the Korean version of this agreement will govern and prevail over translations thereof. This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. The court of the Republic of Korea will have jurisdiction in regard to any disputes or claims arising out of, or in connection with this agreement.
The undersigned agree to observe the terms stated above. In case the above terms are violated, the contract may be dissolved.
« Last Edit: January 30, 2020, 04:16:29 pm by eggbread »


  • NorthStar
  • Expert Waygook

    • 986

    • July 05, 2017, 10:54:06 am
    • Mouseville
Re: (hopefully last) contract review
« Reply #1 on: January 30, 2020, 08:55:40 pm »
10-6 for 2.2.....a salary from 2005.


  • Cohort 2019
  • Super Waygook

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Re: (hopefully last) contract review
« Reply #2 on: January 31, 2020, 04:47:37 am »
I thought kyopos got paid more than 'white' teachers, didn't someone on the forum mention that F4s can get jobs easily?
incumbo studiis


Re: (hopefully last) contract review
« Reply #3 on: January 31, 2020, 07:12:55 am »
10-6 for 2.2.....a salary from 2005.

Is it really that bad? It would be my first time teaching and the actual teaching hours are 16-20hrs per week, which is way better than the 30hrs that most hagwons have.

I thought kyopos got paid more than 'white' teachers, didn't someone on the forum mention that F4s can get jobs easily?

I'm a non-Korean Asian with no experience so it's actually harder for me to get jobs :/


Re: (hopefully last) contract review
« Reply #4 on: January 31, 2020, 07:24:06 am »
Quote
1.2.   The working visa issued by the exclusive agreement between the Employer and the Employee becomes invalid right after termination of agreement.

Not really true.  E2 visas go for thirteen months.  You will have a month after your contract expires to find a new job or something else.

Quote
These duties will include but not limited to instruction for regular classes, administrative duties related to the Employee’s classes, class preparations, student placement testing, student evaluations, attendance at scheduled instructors’ meetings, and workshops and extracurricular duties (Lunch-time table classes, Field trip etc.) as may be assigned by the Employer.

You'd have to be careful about the lunchtime stuff, will get boring quickly.  you also need to make sure for an eight hour day that you have an hour break to do what you want.

Quote
3.8.   All Employees are to be punctual and arrive at school by 9:30. If an Employee is late 3 times, it will count as a day absence and the pay will be deducted accordingly.

There seems a lot of pissy time-keeping here.  The problem with this clause is that if you're late by ten minutes for three days in a month, then they'll deduct a day's pay is illegal.  They are not allowed to do this.

Quote
On the condition that this contract is completely satisfied and that employment lasts for one year, a special allowance of a month salary will be paid to the Employee by the Employer. The severance payment which is also subject to Korean income, resident, and other taxes will be paid one month after the completion of the contract.

One month is tooooo late.  14 days is the figure.  If, as it says above, your visa is finished at the end of the contract and you leave Korea straight away, it makes these kinds of payments a logistical problem. 

Quote
the Employee is allowed a maximum of 5 unpaid sick days per year.

bit twatty that.

Quote
The Employee will be provided with furnished housing by the employer. All fees, charges, costs, taxes, expenses, general maintenance fee, etc. incurred in using the housing will be borne by the employee. In case the Employee would not like housing provided, he/she may request a monthly allowance of 400,000 won instead.

You will want to knwo what's in the apartment.  Also 'fees, charges, costs, taxes, expenses, general maintenance fee' is a lot of weird stuff.  To me charges, costs, expenses, fees are all the same thing.

Quote
4.8 Medical Insurance and Pension
The Employee is to be covered by the medical insurance law. 50% of the insurance premium and pension will be paid by deduction from the Employee’s salary.

I'd be very wary of this.  You pay 50% and they pay 50%.  This should be written here.  Make sure it NHIC insurance.  If so, then the pension is right too.

The contract seems a little bare.  The language is a little vague for my liking on benefits for you like health and pension.  The hours seem okay, but I'd proceed with caution.  Make sure you can grill the other teachers there properly going ahead.  In the end, it's up to you.  Just make sure all your benefits are guaranteed.



  • Cohort 2019
  • Super Waygook

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Re: (hopefully last) contract review
« Reply #5 on: January 31, 2020, 08:23:43 am »
2 hr prep per day AND less hours to teach= less pay.
If 4hrs p/day would net you 2,2 then you would be making 4 mill+ if you worked 8hrs a day. I'd really confirm your pay if I were you. That hourly rate is close to QTS pay scales in the UK and that would be odd for kindy. ($22,75 p/hour)

Just get this one then
https://www.waygook.org/index.php?topic=119223.msg813937;topicseen#new

Also, is it just me or does the contract read like a slave contract or what? Where are your rights listed?
« Last Edit: January 31, 2020, 08:43:04 am by Cohort 2019 »
incumbo studiis


Re: (hopefully last) contract review
« Reply #6 on: February 03, 2020, 04:36:36 pm »
The following is a review of the contract and where it violates the Korean Labor Standards Act or other.
1.4.   If the Employee wishes to terminate the employment contract prior to the agreed date of expiration due to his/her personal reasons which are not accepted by the Employer, he/she has to pay a fine of the equivalent of the one way airfare which the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school.
Violation of the LSA, Null and Void
An employer cannot impose a "Fine", any "Fine" can be recovered with a claim of Unpaid Wages.

1.5.   Prior to such early termination, the Employee should give a 60 day notice in written to the Employer.
Violation of the LSA, Null and Void
Employers must give 30 Days notice after the end of the 3rd month of Employment, Employees DO NOT have to give advance notice of their decision to quit.

Teaching days will be Monday to Friday, 10:00am to 6:00pm with the exception of Graduation Ceremony, Graduation Trip, workshop, and training that may be outside the normal teaching days.
You are to be paid your hourly ordinary wage and overtime if the TOTAL number of work hours that week exceeds the 7 1/2 hours per day (the hours listed above must include a 30 minute break period)
Make sure you keep records of these "special event" days and keep copies of the school memo's, student notifications etc.  and take photos of yourself at the event or make a copy of the work schedule.  The legal claim will be unpaid wage.

3.6.   During the first 2 months of employment, all first-year employees will be required to arrive at by 9:20am and prepare for lessons at least 2 hours per day.  All employees will be required to prepare at least 1 hour per day.
This is to be included in the "10-6", since the Employer is controlling your activities i.e. you must show up, the time is PAID.  If the additional hours makes your total time at the place of employment above 8 hours then it is paid as overtime.
You will have to keep records of the work schedule AND take a photo of the Clock in your room or in the office, and in addition keep a copy of any Time cards if they have them.  At this point in the contract they want you to work from 9:30 to 6:00 PM or a full 8 hours per day (assuming you get 1/2 hour for lunch which is the minimum, '10 minute breaks between classes' are illegal.)

3.8.   All Employees are to be punctual and arrive at school by 9:30. If an Employee is late 3 times, it will count as a day absence and the pay will be deducted accordingly.
Illegal and a big violation of the LSA.  They cannot deduct a full day of wages for being late.  It is prorated based upon your hourly ordinary wage, which looks like 9:30 - 6:00 PM (or 8 hours a day) so Monthly Salary / Total Contract hours.

4.1. '...However, in the last month of the contract term, the monthly salary is to be paid on the last business day of the month or the 10th of the next month, which is the regular payment day.
Last payment of wages, Severance etc, must be no later then 14 days after the last day of employment.
This is a violation of the LSA.

4.2 Severance Payment
On the condition that this contract is completely satisfied and that employment lasts for one year, a special allowance of a month salary will be paid to the Employee by the Employer. The severance payment which is also subject to Korean income, resident, and other taxes will be paid one month after the completion of the contract.

No,
There are NO deductions from Severance of any kind, no pension, no health and no income tax.  With the increase in Annual leave Severance is usually between 6-10 weeks of salary.

4.6   Housing
The Employee will be provided with furnished housing by the employer. All fees, charges, costs, taxes, expenses, general maintenance fee, etc. incurred in using the housing will be borne by the employee. In case the Employee would not like housing provided, he/she may request a monthly allowance of 400,000 won instead.


If possible you are better off taking the monthly allowance, it will increase your severance etc, and in the even the employment is terminated abruptly you will have a "safe place to stay".  If you take the housing make sure you take a VIDEO of the apartment, show the toilet flushing etc, A/C not working etc. or you will have to pay for the repair.

The Employer must give you the invoices of the fees to be paid and you are to pay them directly, the employer cannot simply "deduct" it from your wages.  On occasion the Employers have over stated the building maintenance fees and they have pocketed the money.

4.7.Holidays and Vacations
Holidays and vacations are assigned according to the school calendar.
The Employee is entitled to 10 days vacation (5 in the summer and 5 in the winter) during school’s summer and winter break.  Before making any vacation plans, the employee must consult the school’s vacation schedule first.

The number of annual leave days was increased by 12 in 2016/17, so now there are truly 26/7.  If you do not use annual leave the employer must pay you in Cash at the end of the contract and then 25% of the amount paid for the unused annual leave is then added as a bonus to your Severance, ... which has not deductions.

5.1 However, illegal activities or other misconduct which has jeopardized any students or staff members of the Employer, or which damages the reputation of the Employer, will be the cause for immediate dismissal without warning or time for remedy.
After three months, it would be considered Unfair Dismissal and you would get cash compensation.

5.3   In addition to the above two reasons, if the employer decides that there is any reason to dismiss the employee, the employer can dismiss the employee without 30 days notice.
After the first 3 months of employment the above is very illegal, it is really null and void.


Cheers,



  • NorthStar
  • Expert Waygook

    • 986

    • July 05, 2017, 10:54:06 am
    • Mouseville
Re: (hopefully last) contract review
« Reply #7 on: February 03, 2020, 06:29:12 pm »
The following is a review of the contract and where it violates the Korean Labor Standards Act or other.
1.4.   If the Employee wishes to terminate the employment contract prior to the agreed date of expiration due to his/her personal reasons which are not accepted by the Employer, he/she has to pay a fine of the equivalent of the one way airfare which the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school.
Violation of the LSA, Null and Void
An employer cannot impose a "Fine", any "Fine" can be recovered with a claim of Unpaid Wages.

1.5.   Prior to such early termination, the Employee should give a 60 day notice in written to the Employer.
Violation of the LSA, Null and Void
Employers must give 30 Days notice after the end of the 3rd month of Employment, Employees DO NOT have to give advance notice of their decision to quit.

Teaching days will be Monday to Friday, 10:00am to 6:00pm with the exception of Graduation Ceremony, Graduation Trip, workshop, and training that may be outside the normal teaching days.
You are to be paid your hourly ordinary wage and overtime if the TOTAL number of work hours that week exceeds the 7 1/2 hours per day (the hours listed above must include a 30 minute break period)
Make sure you keep records of these "special event" days and keep copies of the school memo's, student notifications etc.  and take photos of yourself at the event or make a copy of the work schedule.  The legal claim will be unpaid wage.

3.6.   During the first 2 months of employment, all first-year employees will be required to arrive at by 9:20am and prepare for lessons at least 2 hours per day.  All employees will be required to prepare at least 1 hour per day.
This is to be included in the "10-6", since the Employer is controlling your activities i.e. you must show up, the time is PAID.  If the additional hours makes your total time at the place of employment above 8 hours then it is paid as overtime.
You will have to keep records of the work schedule AND take a photo of the Clock in your room or in the office, and in addition keep a copy of any Time cards if they have them.  At this point in the contract they want you to work from 9:30 to 6:00 PM or a full 8 hours per day (assuming you get 1/2 hour for lunch which is the minimum, '10 minute breaks between classes' are illegal.)

3.8.   All Employees are to be punctual and arrive at school by 9:30. If an Employee is late 3 times, it will count as a day absence and the pay will be deducted accordingly.
Illegal and a big violation of the LSA.  They cannot deduct a full day of wages for being late.  It is prorated based upon your hourly ordinary wage, which looks like 9:30 - 6:00 PM (or 8 hours a day) so Monthly Salary / Total Contract hours.

4.1. '...However, in the last month of the contract term, the monthly salary is to be paid on the last business day of the month or the 10th of the next month, which is the regular payment day.
Last payment of wages, Severance etc, must be no later then 14 days after the last day of employment.
This is a violation of the LSA.

4.2 Severance Payment
On the condition that this contract is completely satisfied and that employment lasts for one year, a special allowance of a month salary will be paid to the Employee by the Employer. The severance payment which is also subject to Korean income, resident, and other taxes will be paid one month after the completion of the contract.

No,
There are NO deductions from Severance of any kind, no pension, no health and no income tax.  With the increase in Annual leave Severance is usually between 6-10 weeks of salary.

4.6   Housing
The Employee will be provided with furnished housing by the employer. All fees, charges, costs, taxes, expenses, general maintenance fee, etc. incurred in using the housing will be borne by the employee. In case the Employee would not like housing provided, he/she may request a monthly allowance of 400,000 won instead.


If possible you are better off taking the monthly allowance, it will increase your severance etc, and in the even the employment is terminated abruptly you will have a "safe place to stay".  If you take the housing make sure you take a VIDEO of the apartment, show the toilet flushing etc, A/C not working etc. or you will have to pay for the repair.

The Employer must give you the invoices of the fees to be paid and you are to pay them directly, the employer cannot simply "deduct" it from your wages.  On occasion the Employers have over stated the building maintenance fees and they have pocketed the money.

4.7.Holidays and Vacations
Holidays and vacations are assigned according to the school calendar.
The Employee is entitled to 10 days vacation (5 in the summer and 5 in the winter) during school’s summer and winter break.  Before making any vacation plans, the employee must consult the school’s vacation schedule first.

The number of annual leave days was increased by 12 in 2016/17, so now there are truly 26/7.  If you do not use annual leave the employer must pay you in Cash at the end of the contract and then 25% of the amount paid for the unused annual leave is then added as a bonus to your Severance, ... which has not deductions.

5.1 However, illegal activities or other misconduct which has jeopardized any students or staff members of the Employer, or which damages the reputation of the Employer, will be the cause for immediate dismissal without warning or time for remedy.
After three months, it would be considered Unfair Dismissal and you would get cash compensation.

5.3   In addition to the above two reasons, if the employer decides that there is any reason to dismiss the employee, the employer can dismiss the employee without 30 days notice.
After the first 3 months of employment the above is very illegal, it is really null and void.


Cheers,




Love it.

Im surprised admin has not deleted it.


Re: (hopefully last) contract review
« Reply #8 on: February 04, 2020, 07:35:31 am »
Love it.

Im surprised admin has not deleted it.

Quote
1.4.   If the Employee wishes to terminate the employment contract prior to the agreed date of expiration due to his/her personal reasons which are not accepted by the Employer, he/she has to pay a fine of the equivalent of the one way airfare which the Employer has provided as compensation for the inconvenience which early termination causes both the students and the school.

This is just a sloppily written clause.  You quit your contract early, you pay back the flight they provided.  You'd have to look at the Korean for this to see how it's worded.  The fact they said 'fine', is the red flag.  But it just sounds badly written. 

Quote
1.5.   Prior to such early termination, the Employee should give a 60 day notice in written to the Employer.

Not a violation of LSA.  There are no provisions in the Labour Law for resignation by the employee, so therefore you follow a collective agreement, as in this contract.  You sign it, you stick to it.  60 days it too long though for a teacher.  Goodwill would say that as your employer is legally expected to give you 30 days notice, or pay you for those thirty days, then the notice you give them should be thirty days.   :undecided:  You don't have to give any, but you sign it, you stick to it. 

Quote
3.6.   During the first 2 months of employment, all first-year employees will be required to arrive at by 9:20am and prepare for lessons at least 2 hours per day.  All employees will be required to prepare at least 1 hour per day.

The working hours are 10-6.  You get a half-hour for every four hours worked.  So that is essentially 10-7.  The OP said that the teachers work about four teaching hours per day.  That is 4 teaching hours + 1-hour break to do what they want as per LSA + 2 hours preparation time (for first two months).  Which is 7 hours.  There is an extra hour there for something.  If the employer were to increase their teaching hours then there is an issue.  But as it is, there is no problem. 

Quote
4.2 Severance Payment
On the condition that this contract is completely satisfied and that employment lasts for one year, a special allowance of a month salary will be paid to the Employee by the Employer. The severance payment which is also subject to Korean income, resident, and other taxes will be paid one month after the completion of the contract.

There is income tax on severance payments and it is dependent on how you filed your taxes and which tax band you are in.  Resident tax is tiny. 

Quote
4.7.Holidays and Vacations
Holidays and vacations are assigned according to the school calendar.
The Employee is entitled to 10 days vacation (5 in the summer and 5 in the winter) during school’s summer and winter break.  Before making any vacation plans, the employee must consult the school’s vacation schedule first

If the school's working week is Mon-Sat then the teacher not working on Saturdays is an LSA paid day off.  If the school then gives you all national holidays off paid plus 10 days then they are not in violation of LSA.  From Jan 1st this year, national holidays will be paid for companies of more than 300 employees.  So they get the day off paid or they are paid extra for working.  From Jan 1st 2022, companies with 5-29 employees have to follow this law.  So you either get the day off paid or you are paid extra for working.  Korean labour laws are improving but you have to realise that Labour Law covers everybody in Korea, and we know how inefficiently and stupidly Koreans work.