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Weird clauses in part time contracts?
« on: February 24, 2020, 01:32:28 pm »
Hey guys. I could use some input from some of the more expeirenced teachers.  I'm on f6 visa and  I found an after school part time gig ( 2 working days a week for 50k an hour. Not too bad ) . Anyways, there are numerous questionable clauses in the contract that are just bizarre. Let me read you a few of them " The teacher can be fired immediately if a student or parent requests a new teacher " Seems so weird that a 10 year old kid could have the power to get me fired with no notice.  Another weird part " Employee shall obey the Korean teacher. If there is any dispute between the Korean teacher and the employee then the employee can be fired immediately " . I thought it was a decent gig but these clauses made me laugh out loud.I messaged the manager back and said that its illegal to just fire someone without notice and she tried to deflect it and brought up the evaluations which is not what I'm talking about at all. I sent her a picture of another contract with a proper 3 written warning clause and she has since ghosted me. I'm not trying to be difficult but I'm not here to be a slave either. I can't allow some little kid the ability to fire me on the spot.  Do people actually sign crap like this?


  • oglop
  • The Legend

    • 3184

    • August 25, 2011, 07:24:54 pm
    • Seoul
Re: Weird clauses in part time contracts?
« Reply #1 on: February 24, 2020, 01:39:09 pm »
when i worked in AS programs, i would METICULOUSLY read through the contract, highlight any clauses i didn't agree with, and if they wouldn't change them, wouldn't sign

AS programs are notoriously sketchy. if there's a clause in the contract you don't like...they most likely will use it against you in the future

those clauses are also general red flags for the kind of shite you will likely experience over the course of the year. find a different company


Re: Weird clauses in part time contracts?
« Reply #2 on: February 24, 2020, 01:54:31 pm »
when i worked in AS programs, i would METICULOUSLY read through the contract, highlight any clauses i didn't agree with, and if they wouldn't change them, wouldn't sign

AS programs are notoriously sketchy. if there's a clause in the contract you don't like...they most likely will use it against you in the future

those clauses are also general red flags for the kind of shite you will likely experience over the course of the year. find a different company


Yeah I was thinking exactly the same thing. I didn't like the clause and instead of taking it out she wanted to try to bring up evaluations which have nothing to do with what I was talking about. She trying to reframe it as if I'm the one who doesn't know about how things are supposed to be. What kills me is that this company is charging 250k per student. They are making a boatload of cash off of my work. I get that Korean companies are hyper capitalist and don't mind exploiting their workers for as much as they can get away with, but at least try to treat me like a decent human while I'm being exploited for my work. Letting a little kid have the power to fire me is like rubbing salt on the wound.


  • L I
  • The Legend

    • 4223

    • October 03, 2011, 01:50:58 pm
    • Seoul
Re: Weird clauses in part time contracts?
« Reply #3 on: February 24, 2020, 02:11:21 pm »
Teach kids out of your apartment.

Become your own boss.


Re: Weird clauses in part time contracts?
« Reply #4 on: February 24, 2020, 02:12:44 pm »
Teach kids out of your apartment.

Become your own boss.

Yeah that is the reason why I wanted the 2 day a week working gig in the first place. The plan was to work 3 days a week at study room and use the other 2 as a supplemnt to my income. What I'm facing now is being forced to jump with both feet into building up my own study room. With this virus and craziness it may be a recipe for failure. We shall see.


  • L I
  • The Legend

    • 4223

    • October 03, 2011, 01:50:58 pm
    • Seoul
Re: Weird clauses in part time contracts?
« Reply #5 on: February 24, 2020, 02:17:46 pm »
Embrace capitalism!

Be an entrepreneur!

You can do it!

화이팅!


  • oglop
  • The Legend

    • 3184

    • August 25, 2011, 07:24:54 pm
    • Seoul
Re: Weird clauses in part time contracts?
« Reply #6 on: February 24, 2020, 02:28:36 pm »
Yeah that is the reason why I wanted the 2 day a week working gig in the first place. The plan was to work 3 days a week at study room and use the other 2 as a supplemnt to my income. What I'm facing now is being forced to jump with both feet into building up my own study room. With this virus and craziness it may be a recipe for failure. We shall see.
you'll be ok. i keep seeing part time AS gigs pop up all over. good luck with the study room btw. let us know how you get on


Re: Weird clauses in part time contracts?
« Reply #7 on: February 25, 2020, 06:21:28 am »
The clauses you mentioned are not enforceable in Korea if:
1) there are 5 employees (including your self) or more
2) you have worked longer than 3 months plus 1 Day and are no longer considered a probationary employee

As for "Part time", there is a Statutory definition of "Part Time" (in Korean it is really called Extreme Part Time Worker) and if you work less than 15 hours per week you are considered Statutory Part time.
Various items such as Severance, Overtime, Annual Paid Leave, Pension are different for Statutory Part Time Employees, so you will want to check the hours you work.

If the clause in the contract is not enforceable then it is not binding and is null and void.

The issue you have presented is really if you are working less than 15 hours per week.  If so there are a number of statutes in the Korean Labor Standards Act that really are the "default" contract and if your employment contract has better terms and conditions, those terms and conditions apply.  If the terms and conditions are worse i.e. the "...termination clauses..." then those clauses do not apply and the LSA over rules them.


Re: Weird clauses in part time contracts?
« Reply #8 on: February 25, 2020, 03:00:57 pm »
It doesn't matter anymore. After I pointed out the labor law she ghosted me with no further explanation. I'm sick and tired of these blood sucking schools who treat employees as if they are pieces of property or pieces of trashs to be discraded when no longer desired. If other people want to keep working 40 hours a week for 2.1 or 2.2 as prices continue to rise then that's on them but I hope that other teachers also have enough sense to tell these people to go kick rocks. There is a big health crisis and people have a great opportunity to bargain for a higher salary but sadly most fresh off the boat newbies will be happy to be exploited for bare bones salary. / rant


  • NorthStar
  • Hero of Waygookistan

    • 1113

    • July 05, 2017, 10:54:06 am
    • Mouseville
Re: Weird clauses in part time contracts?
« Reply #9 on: February 26, 2020, 11:37:38 am »
It doesn't matter anymore. After I pointed out the labor law she ghosted me with no further explanation. I'm sick and tired of these blood sucking schools who treat employees as if they are pieces of property or pieces of trashs to be discraded when no longer desired. If other people want to keep working 40 hours a week for 2.1 or 2.2 as prices continue to rise then that's on them but I hope that other teachers also have enough sense to tell these people to go kick rocks. There is a big health crisis and people have a great opportunity to bargain for a higher salary but sadly most fresh off the boat newbies will be happy to be exploited for bare bones salary. / rant

Bingo.

Yes, schools are digging in even more....dirt wages.


  • NorthStar
  • Hero of Waygookistan

    • 1113

    • July 05, 2017, 10:54:06 am
    • Mouseville
Re: Weird clauses in part time contracts?
« Reply #10 on: February 26, 2020, 12:52:57 pm »
Quote
Hello!
We are currently looking for Full-time E2 or F visa teachers in Daegu. (Native speaking country only)
Location: Daegu Buk-gu
Start date: ASAP
Working hrs: Mon-Friday 10:00am - 5:00pm
Teaching age group: 5 YR (Kindergarten) & Some elementary
Compensation: 2.0 - 2.2 MIL (Negotiable)
Standard Benefits: Housing or allowance, severance pay upon completion of 1 yr contract, single flight ticket, insurance, pension 1/2, 10 days paid vacation, lunch provided
Please send me the following documents to blahblahgmail.com if interested.
1) Resume with photo (contact information)
2) Visa type and nationality
3) Possible start date
Thank you! 📷:)
For details about our Institute:

Case in point. 

The email has been changed but you can find it on Facebook.