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  • NorthStar
  • Hero of Waygookistan

    • 1113

    • July 05, 2017, 10:54:06 am
    • Mouseville
Check out THIS Contract...
« on: February 25, 2020, 01:18:29 pm »
..for your reading/viewing pleasure...

Quote
EMPLOYMENT AGREEMENT FOR TEACHER

____-MONTH CONTRACT

This EMPLOYMENT AGREEMENT has been made this on ___________ _ between *********, being represented by ******** established under the laws of South Korea atRepublic of Korea (hereinafter referred to as the Employer) and ¬¬¬¬¬¬_________________ a citizen of the_______________(hereinafter referred to as the Teacher) under the terms and conditions set forth below.

Both parties agree on the terms and conditions:
   
CLAUSE 1 (Appointment)

The employer agrees to employ the teacher during the period stipulated herein. The teacher agrees to accept the employment and will work in his/her full capacity for the school.

CLAUSE 2 (Period of Employment)

The total agreement term is approximately _____-month, commencing from the first date of work in Korea ¬¬______________ and to the last teaching day of the teacher’s _____-teaching month (until Feb, ______, ________) The teacher agrees to discontinue his/her stay in Korea under the visa status arranged and sponsored by the employer within 2-month of termination of this contract.

CLAUSE 3 (The Employer’s Responsibilities)

The employer and teacher are equal individuals working together to provide quality English instruction under the terms stated in this contract. The employer will honor the terms and conditions of employment for the teacher as stated within this contract. The employer will guarantee the teacher a monthly salary of ________million won in consideration of the teacher’s teaching hours and proper preparation for the classes.

CLAUSE 4 (The Teacher’s Responsibilities and Duties)

During the terms of this agreement, the teacher must co-operate and comply with the instructions and disciplines of the school. Assisting the Supervisor, he/she must carry out assignments as directed by the employer.
The Supervisor will be responsible for establishing and communicating the Standards of Performance as related to the duties in this contract. The teacher must have adequately prepared for the classes in advance. The teacher’s work will include the following:
1 Teaching the English language to target students age 4 to 15; execution of duties as a homeroom teacher
  2 Development of educational programs and materials
  3 Curriculum design and implementation
  4 Indoor and outdoor classroom activities for/with the students
  5 Grading and assessment of students; diary, essay and journal correction
6 Student counselling or evaluation including interviews for placement tests
7 Attendance to all staff meetings, workshops and parent meetings which may not be during working hour
8 Other related activities (special events)
9 Supervising and caring for students in both in-class and out-of-class environments
10 Having lunch and snack with the students in the classroom while monitoring for any safety reasons
11 Strictly following the dress code of the school
   Male Teachers
Acceptable: trousers, khakis, collared shirts, sweaters, and clean shoes
   Not-acceptable: ripped or torn clothing, sandals, flip flops, hats, shorts, hoodies
   Female Teachers
Acceptable: dresses, skirts (knee length), trousers, collared shirts, sweaters, clean shoes
Not-acceptable: sleeveless shirts, ripped or torn clothing, clothes that are too ‘revealing’, sandals, flip flops, hats, shorts
12 Complying with the possible changes of the working hour in case of any special events
13 Riding a shuttle bus to pick up students in the morning
14 Teachers have the duty area at school for cleaning
15 Substitute teaching
16 Do voluntary work 4 times per year on Saturdays
17 Video policy: In general, YouTube, movies and music videos are not appropriate for the classroom. However, a video that is shown with an educational purpose in order to further facilitate student’s understanding in the lesson may be used sparingly. Teachers must get a permission from supervisors before showing any videos.
18 Teachers’ training sessions : 2 times per year (on weekends)
19 Managing regular and irregular teacher’s training sessions
20 Responsibilities as a head manager
Checking monthly lesson plans
Checking quarterly report cards
Checking quarterly Kinder evaluation
Organizing the meeting agendas / meeting
Organizing Ss presentation contest practice
Interviewing new teachers
Training new teachers
Class observation (quarterly)
Managing all the teachers
Camsmon : PT videos chekcing
T's progress report
Checking and cleeaning Projectors (Monthly)
Checking Smartboard and computers (Monthly)



CLAUSE 5 (Salary and Overtime Rate)

a. The employer agrees to pay the teacher a monthly salary of________ million won per month for 175 teaching hours (35 hours a week).
b. The payment of the salary is to be made at the 10th of each month.
c. Each teaching hour exceeding the 175 monthly working hours is considered as overtime. And the payment for the overtime will be 18,000won per each working hour. Attendance at scheduled staff meetings, regular training session in February, field day, parent presentation in November and December, annual concert in December, graduation in February, national contests, and workshops are mandatory and are not considered as overtime. These events may occur on Saturday.

All (preparation for classes is not considered as overtime) teachers will have a scheduled block of planning time each day.

CLAUSE 6 (Working Hours)

During the term of this agreement, the teacher should work in co-operation with the Supervisor from Monday through Friday. The employer cannot guarantee the teacher’s requested teaching schedule but the regular working hours should be 9:00am– 18:00pm (depending on the school schedule). The teacher agrees to teach upon the 120 teaching hours a month and to spend a scheduled block for lesson planning. The working hours can be changed due to school situation. If schools are located in more than 2 places, the teacher can work in both areas.

CLAUSE 7 (Tax)
Income tax and retirement tax will be withheld from the salary in accordance with the Korean tax law (approximately 3.5% of the monthly salary)

CLAUSE 8 (Orientation Period / Allowance)

Upon arrival in Korea, the teacher may be allowed a few days lead time for adjustment and preparation for school prior to beginning his/her regular teaching work. During the orientation period the teacher is required to be at the school making lesson plans and learning about the school system.
The teacher will be on the payroll from his/her first day at school, except for weekends and national holidays. 50% of the teacher’s monthly salary will be paid during the orientation and probationary period in February.

CLAUSE 9 (Medical Insurance)

The teacher will be covered by medical insurance under the Korean Medical Insurance program, a private health organization. Half of the insurance premium will be paid by the employer and the other half by the teacher.

CLAUSE 10 (Vacation, Holidays, and Sick leave)

The teacher will be allowed for national holidays (excluding temporary and substitute holidays) and 8-9 days paid vacation that are indicated in a yearly academic calendar of *******.  Days off are included within the paid holiday time. Any request for days off must be submitted no less than one month in advance. If the teacher requests for days off for his/her own personal reasons, the payment will be deducted. The teacher should get the substitute teacher for his/her replacement for days off. 

Sick Leave Policy
•   The Employee shall be entitled to a paid Sick Leave in the case of any illness or injury which prevents the Employee from performing the duties herein only with the express consent of the Employer. The Employee shall notify the Employer of any absence due to sickness within one (1) hour of the beginning of the Employee’s duties.

•   The Employee’s Sick Leave during the Term of Employment shall not exceed eight (8) working days. Regardless of whether the sick-leave days are consecutive or individual. A practicing doctor’s medical report shall be required for any sick-leave periods taken. The time period of the sick leave must not exceed the period advised by the physician’s report. Letters from a physician must be submitted to the Employer on the first day of sick leave.

•   If the Employee requires a Sick Leave of more than one (1) working day during the Term of Employment, any working days beyond the 1-day limit will be unpaid.

•   The total number of days of Sick Leave (both paid and unpaid) used by the Employee and the reasons for taking Sick Leave will be included in the Employee’s Personnel Record Card, which shall be utilized by the Employer to evaluate the Employee’s conduct and determine the Employee’s contract renewal.

Paid leave
If an employee is absent from work due to illness, kindergarten classes shall be first be covered by the employee’s co-teacher. Any scheduled class time covered by the co-teacher will be made up by the employee upon their return to work. If the co-teacher is unable to cover the classes, the employer shall assign teachers to assist with coverage.
Elementary
The employer shall assign teachers to provide coverage for elementary classes with pay at the agreed upon overtime rate.
Unpaid leave
If an employee is absent from work due to illness, kindergarten classes shall be first be covered by the employee’s co-teacher. Any scheduled class time covered by the co-teacher will be made up by the employee upon their return to work. If the co-teacher is unable to cover the classes, the employer shall assign teachers to assist with coverage. (For any classes not covered by the co-teacher payment shall be deducted from the employee to cover the expense of substitute teaching).
Elementary
The employer shall assign teachers to provide coverage for elementary classes with pay at the agreed upon overtime rate. (Payment for these classes shall be deducted from the employee’s pay).

Special Leave
The Employee may take an unpaid Special Leave only with the express consent of the Employer. All requests must be made 1 month in advance. This includes, but is not limited to picking up family, coming in late, leaving early or any other personal reason. Special Leave shall be unpaid and the substitute teacher wages shall be deducted from the employee’s pay.

CLAUSE 11 (Accommodation)

The employer will provide the teacher with furnished accommodation, a one bedroom apartment, which is used alone. Furnishings being provided by the employer include:

1.   Refrigerator
2.   Washing machine
3.   Bed
4.   Gas hot plate

Selection of the apartment will be made by the employer. The cost of monthly service (internet,, maintenance fee, water: about 80,000~100,000 won per month), utilities(electricity & gas), and telephone charges for the accommodation will be paid by the teacher. A security deposit of 900,000 won will be withheld from the employee’s first 3 pay checks (300,000 won each month for the first 3 months) This is withheld to cover the last month’s bills or any loss or damage to the apartment and/or provided amenities.  After the bills are paid, the remaining balance shall be remitted within 60 days of the contract completion date to the employee’s home bank account. 

One way flight ticket is provided by the employer.

CLAUSE 12 (Severance Pay)

Upon completion of this _______-month contract, the teacher will receive one month’s salary as a severance payment in accordance with Korean Labor Laws. This payment will be made within 60 days at the time of the completion of the contract period.

CLAUSE 13 (Dismissal or Voluntary Resignation)

The employer reserves the right to dismiss the teacher from employment for any of the following causes:
  1 Neglect or inability to perform his/her duties as stipulated in this agreement
  2 Frequent absences from work
  3 Receiving one warning letter; Failing to make corrective actions based on written and oral feedback provided by the Employer or supervisor based on the teacher’s performance and evaluations
  4 Criminal behavior or misconduct
5 Teaching any private classes outside of *********
6 Dual employment prohibition
7 The teacher’s dishonesty and moral turpitude with respect to his relationship with the Employer
8 Gross negligence or reckless behavior by the teacher which may result in demonstrable harm to the Employer

The employer agrees to give the teacher 20 days notice in the event of dismissal. However, in the case of a teacher’s criminal behavior or misconduct, he/she will be dismissed from employment immediately with no warning or notice.
In the event the teacher resigns from employment, he/she can do so by giving 60 days notice to the employer. In either case of dismissal or resignation before completing 6 months period of the contract term, the teacher must reimburse the employer the cost of the ticket to Korea.
In either case of dismissal or resignation before completing the contract term the teacher will not receive the one month salary bonus of severance payment in accordance with Korean Labor Laws.
In case the teacher breaks the contract before arriving to Korea, the teacher is obligated to pay the penalty charge of 30% of the one month salary to the employer for any inconvenience being caused.

CLAUSE 14 (Governing Law and Jurisdiction)

This agreement is governed by the laws of the Republic of Korea.

This agreement is made final and firm unless any material modification or amendment to this agreement is executed with the full knowledge and consent of the undersigned and incorporated into this agreement.

In witness thereof, we have affixed our signatures hereon.
Date: ______ -      ___     -______________
Employer:   
Name: Signature: ___________________ ________

Teacher’s  Name:    ___________________ _Signature:                    ___   
Contact No:   ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬__________________________________________________________________
Address:   ___________________ ___________________ ___________________ _________


  • L I
  • The Legend

    • 4220

    • October 03, 2011, 01:50:58 pm
    • Seoul
Re: Check out THIS Contract...
« Reply #1 on: February 25, 2020, 01:26:31 pm »
What's the salary?

If we know that, we can recommend whether or not it's worth it.


  • L I
  • The Legend

    • 4220

    • October 03, 2011, 01:50:58 pm
    • Seoul
Re: Check out THIS Contract...
« Reply #2 on: February 25, 2020, 01:27:44 pm »
(The teaching hours seem high in my opinion; that's why I ask.)


Re: Check out THIS Contract...
« Reply #3 on: February 25, 2020, 02:54:01 pm »
35 teaching hours a week? Holy mother of God.


Re: Check out THIS Contract...
« Reply #4 on: February 25, 2020, 02:55:36 pm »
What's the salary?

If we know that, we can recommend whether or not it's worth it.

I don't think he is being serious. Just look at it. It's 35 hours of teaching, cleaning duties, have to ride the bus with the kids. No chance he is being serious.


  • NorthStar
  • Hero of Waygookistan

    • 1113

    • July 05, 2017, 10:54:06 am
    • Mouseville
Re: Check out THIS Contract...
« Reply #5 on: February 25, 2020, 03:03:17 pm »
I don't think he is being serious. Just look at it. It's 35 hours of teaching, cleaning duties, have to ride the bus with the kids. No chance he is being serious.

No, this is an actual contract from *** Academy...(cannot say the name).  The salary was left blank but had a ceiling of 2.5.

Cleaning their phucking academy?  School bus rides? No lunch break?  ...and so on and so sorth.

 Phuck that.....I've been in contact with these folks for  week and  when I received the contract, I laughed rather hard. 
« Last Edit: February 25, 2020, 03:05:17 pm by NorthStar »


Re: Check out THIS Contract...
« Reply #6 on: February 25, 2020, 03:55:45 pm »
Someone will take it. They will then go whining about how they are treated unfairly by their school despite willingly signing this nonsense. Schools will continue to shoot for the bottom and never learn once from their mistakes and the cycle continutes again and again.


Re: Check out THIS Contract...
« Reply #7 on: February 26, 2020, 10:01:02 am »
I managed to catch someone posting about an ad in the Expats in Korea group. It seemed to have very similar terms, and had very low pay for all of the work that the potential employer expected to get in exchange for it. It got deleted very quickly by the mods, though, lol.

There are also illegal clauses in this contract, for people looking at this but not realizing why it's bad outside of the long hours.
« Last Edit: February 26, 2020, 10:03:28 am by Chinguetti »


  • NorthStar
  • Hero of Waygookistan

    • 1113

    • July 05, 2017, 10:54:06 am
    • Mouseville
Re: Check out THIS Contract...
« Reply #8 on: February 26, 2020, 10:06:55 am »
I managed to catch someone posting about an ad in the Expats in Korea group. It seemed to have very similar terms, and had very low pay for all of the work that the potential employer expected to get in exchange for it. It got deleted very quickly by the mods, though, lol.

There are also illegal clauses in this contract, for people looking at this but not realizing why it's bad outside of the long hours.

That was not me...


Re: Check out THIS Contract...
« Reply #9 on: February 26, 2020, 10:15:46 am »
No, sorry, I wasn't trying to imply that it was. While similar, there were differences in the job description. I think that the other job offer was actually worse.

I only mentioned it here because I thought that the reaction to it was funny. While that guy could have gone about it better, they don't seem to like discussing this sort of thing in the FB groups at all, which, honestly, perpetuates the ignorance that leads so many young NETs into accepting terrible contracts like this one.
« Last Edit: February 26, 2020, 10:28:34 am by Chinguetti »


  • oglop
  • The Legend

    • 3184

    • August 25, 2011, 07:24:54 pm
    • Seoul
Re: Check out THIS Contract...
« Reply #10 on: February 26, 2020, 10:39:50 am »
No, this is an actual contract from *** Academy...(cannot say the name).  The salary was left blank but had a ceiling of 2.5.

Cleaning their phucking academy?  School bus rides? No lunch break?  ...and so on and so sorth.

 Phuck that.....I've been in contact with these folks for  week and  when I received the contract, I laughed rather hard. 
does the academy begin with a J and end with an S?


  • NorthStar
  • Hero of Waygookistan

    • 1113

    • July 05, 2017, 10:54:06 am
    • Mouseville
Re: Check out THIS Contract...
« Reply #11 on: February 26, 2020, 10:42:50 am »
does the academy begin with a J and end with an S?

There sure are a lot of kids running fast, on that track.


Re: Check out THIS Contract...
« Reply #12 on: February 27, 2020, 10:39:03 am »
The "terms and condition" are violations of the Korean Labor Standards Act and it appears to under pay by about 26-30%.  Basically 90% of it is null and void except for the duties i.e. Cleaning, bus chaperone, etc, but at the end of the term of contract the Employee could then get what they are owed by filing a Unpaid wage claim.

Really, it the contract looks like this then the Employer is like that.