Read 719 times

Bundang contract review
« on: July 09, 2020, 10:31:17 am »
This is a contract for a school in Bundang. It's the first contract I've been sent so I don't really have anything to compare it to, but there are a few parts that worrry me, especially part 12e (although like I said, I've never been sent a contract before so I don't know if this is normal). Any advice/opinions is appreciated :)

1. Employment, Visa, Documents
a. The Institute hereby agrees to employ the Teacher as described herein below. The
Institute hereby agrees to provide the necessary documents to the Teacher to obtain
an appropriate employment visa in Korea and the Teacher hereby declares that s/he
possesses the documents required to obtain said visa and agrees to make these
documents available to the Institute upon request at any time during the contract period.
The Institute will not hold any of these documents for more than the time required to
satisfy applicable Korean laws.
b. The Institute is responsible for the costs associated with applying for the visa in Korea
as noted for the Teacher.
2. Contract Term
The term of this contract starts on September 1
st
,2020 and will terminate on August 31st
,
2021.The contract may be renewed or extended with the agreement of both parties. The
Teacher will indicate his/her interest in renewing or extending the contract, in writing, at least
two calendar months before its termination. The Institute will indicate acceptance or rejection of
the Teacherís interest in renewal or extension within five business days. Both parties may then
extend or re-negotiate this contract as they see fit.
3. The Teacherís Teaching and Related Duties
a. The Teacher will behave professionally and will strive to uphold the good reputation of
the Institute while conducting classes, interacting with students and parents, and while
interacting with the community in general.
b. The Teacher will be required to work five days per week, Monday to Friday. Irregular
training, special events, and orientation sessions may require teachersí attendance on
weekends.
c. During orientation training period teacher will be paid 30,000 Korean won per day. The
basic salary will be paid from the actual teaching starting date.
d. The Teacher will teach up to 126 hours per month between the hours of 9:00am and
7:00pm. The daily schedule will be set by the school director. The teacherís working
hour is from 9:00 am to 6:00 pm on Monday, Wednesday, Friday and 9:00 am to 7:00
pm on Tuesday and Thursday and maximum of four Saturday classes in a year.
(Overtime will apply if it exceeds four Saturdays in a year.) Due to Covid-19, there will be
make-up classes on the third Saturdays of each month until February 2021. These
classes are specific to the 2020 calendar year and overtime amount will be 1.4 times of
1 day payment. The Covid-19 make-up classes do not count to the four Saturday
classes specified above.
e. The Teacher is required to adequately prepare for all classes and devote the time
required to complete the preparatory and administrative tasks that are normally
associated with teaching the children. These include:
i. Conducting classes as scheduled
ii. Preparing materials for classes.
iii. Planning and team meetings as required
iv. Student assessment and reporting.
v. Communicating with cooperating Korean teachers and/or administration as
necessary for the maximum possible benefit of students.
vi. Attendance at meetings, workshops, and special events as reasonably required
by the institute.
The Teacherís Initials: _____
f. The Teacher is expected to dress appropriately when present at the Institute or when
engaged in any Institute-related activities. In addition, Teachers should be clean-shaven,
or keep their beards neatly trimmed, and keep their hair neatly styled. Visible tattoos
and piercings (other than single ear piercings) may not be acceptable. The Institute
reserves the right to inform Teachers of unacceptable attire/appearance. The Teacher
hereby agrees to follow the Instituteís directives in this regard.
4. Salary
The Institute will pay the Teacher a monthly salary of 2,400,000Korean won per month for
126 hours per session of 20 working days. (In the case where there are less than 20 working
days due to extra public holidays etc., the extra days must be made up on the day designated
by the institute.) This wage is provided as compensation for all services rendered, including all
class preparations, related class work, and reports that might be required in addition to
working hours. If the Teacherís scheduled teaching hours fall below that outlined in Section
3d, the Institute may ask the Teacher to make up the difference through administrative or
curriculum development work, which may or may not be related to the classes the Teacher is
teaching. Monthly salary will be paid on the 15th of the following month. Korean income taxes
and Korean National Pension tax deductions will be withheld.
5. Overtime
The Teacher may be required to teach up to three hours of overtime per week. Overtime will be
paid at 18,000won per hour and paid at the time of the monthly salary. Duties outlined in Section
3d will not count towards the calculation of overtime. While holidays are paid in full, time not
actually spent teaching (including holidays) will not count towards the calculation of overtime.
6. Severance Pay
a. Upon completion of the full contract term, the Institute will pay the Teacher one full
monthís salary as severance pay, as per the Korean Labor Standard Law.
b. If the Teacher leaves the Institute before the end of the contract term, no severance will
be paid.
c. The Institute reserves the right to withhold up to 400.000won from the Teacherís
severance pay or first pay to cover utility bills that have not been received, or remain
unpaid, at the end of the contract period. In this event, the balance remaining after all
bills have been paid will be transferred to a bank account designated by the Teacher
within 45 days of the end of the contract period. Receipts for bills paid by the Institute
can be provided upon request.
7. Air Transportation
a. Upon successful completion of the one-year contract, the institute will issue the
Teacher a one-way air ticket to where the teacher departed from. In a case that the
Teacher does not go back to where the teacher departed from, the institute
compensate 500,000 won in lieu of the air ticket.
8. Housing
a. The Institute will provide the Teacher with single accommodation. The Institute is
responsible for paying the rent. The Teacher is responsible for paying his/her share of
all utility bills, including electricity, water, gas, cable, internet and telephone. If the
building charges a security or maintenance fee, this is also the Teacherís responsibility.
b. The Institute reserves the right to deduct unpaid utility bills or the costs of avoidable
damage to the apartment, from the Teacherís salary. Receipts can be provided upon
request for any such withholding of salary.
9. Holidays and Vacation
a. In addition to the usual national holidays (some national holidays may be used for makeup classes as it explained in section 4), the Teacher will be given summer and winter
vacation to be determined by the Institute director.
b. No deduction from salary will be made for national holidays or other holidays; however,
hours not worked on these days does not count in the computation of overtime pay.
The Teacherís Initials: _____
10. Emergency Leave, Other Absences
a. Absences may result in deduction of pay, including those requested by the Teacher and
approved by the Institute.
11. Medical Insurance / Conditions
a. The Institute will enrol the Teacher in the Korean Health Insurance Plan. Medical
Insurance is split 50:50 by the employee and employer. The cost of premiums will be
shared by the Teacher and the Institute at the rates stipulated by the Government of
Korea. This premium will be deducted from the Teacherís salary. Pre-existing medical
conditions and dental are not covered.
b. The Teacher understands that extended periods of illness and/or serious injury that
results in an extended inability to perform the duties of employment may seriously harm
the Instituteís business and may result in termination of the Teacherís employment. In
such cases, all outstanding salary will be paid to last day worked. The Institute further
agrees to provide reasonable assistance in dealing with local hospitals, doctors, and
the Teacherís family in such cases.
12. Termination of this Contract
a. Both parties agree to provide a minimum of 60 daysí written notice of their intention to
terminate this contract.
b. In the event that an unusual number of students or parents complain about the
Teacherís classes, or if there is a noticeable decline in enrollment that can be
reasonably attributed to the Teacherís teaching methods, the teacher will be formally
notified of such. S/he will be afforded a 30-day period in which to remedy the situation.
During this period, the Institute may require the Teacher to observe other Teachersí
classes and/or alter his/her teaching methods. If, at the end of this 30-day period, the
situation has not improved, the Institute may terminate the Teacherís employment. The
Institute will be the sole judge of such improvement or lack thereof.
c. The Institute reserves the right to terminate the Teacherís employment immediately, for
the Teacherís behavior as follows:
i. Repeated absences of two consecutive days without the doctorís note,
tardiness, or insufficient preparation without valid excuses.
ii. Unauthorized paid teaching or other employment for any entity or individual(s)
other than the Institute.
iii. Use of alcohol, or any other intoxicant.
iv. Anything that has negative impact upon the execution of the Teacherís duties, or
which has a substantially negative impact upon the reputation of the Institute.
v. Violation of any laws of Korea.
VI. Any behavior that threatens the physical safety or security of students or Institute
staff.
VII Receive two warning letters from the institute. Any violation of section 12 c. and
cause negative impact upon working environment such as, not following
instructions set forth by the director or the supervisor may result in getting
warning letters.
d. If the teacher receives two warning letters from the institute, the institute has right to
terminate the contract without any notice. The Teacher will have to return the plane
ticket provided upon arrival and no severance will be paid.
e. If the Teacher chooses to end this contract early for any reason other than his/her
serious injury or serious physical illness, or if the Teacher is dismissed for serious cause,
as outlined in section 12 c. of this contract, the Teacher agrees to pay a penalty to the
Institute equal to 200,000 won for each full month remaining in the contract period, to a
maximum of 1,000,000. This is to help defray the significant costs involved in hiring,
training, and providing a visa for a new employee.
13. Venue for Disputes
The applicable laws of Korea will govern this agreement. While both parties enter into this
agreement with honesty and integrity, disputes may sometimes occur. In such cases, both
The Teacherís Initials: _____
parties will be bound by all the terms and conditions of this contract and will try to resolve their
differences in a manner that is fair to both parties and results in the least inconvenience to both.
In the event that no solution can be found and either party decides to terminate this contract,
each must do so in accordance with Section 12. Upon such termination of employment or
dissolution of this contract, both the Teacher and the Institute agree to behave in a respectful,
civil manner and refrain from activities that may damage the reputation of either party.
14. Good Faith
The Institute and the Teacher enter into this agreement with good faith. Each will consider the
welfare of the other in execution of his/her respective duties. The Institute will not dismiss the
Teacher without what reasonably is considered good cause, and the Teacher will do his/her
best to fulfill all the responsibilities and meet all the conditions as described in this agreement.
15. Changes to this Contract
The Institute and the Teacher have read and understood the entirety of this Employment
Contract. No other verbal agreement, statement or promise made on or before the effective date
of this contract will be binding on either party. Any changes made must be in writing and signed
by both parties to be included in this contract. Any changes made to this contract, whether
verbal or other, without the knowledge and written consent of both parties are to be considered
invalid, and as such will not be considered part of this contract. For the avoidance of doubt, this
agreement shall prevail over any other agreement the Teacher has made with the Institute or
any third party at the location where the Teacher will provide the services mentioned herein.
16. Transfer of this Contract
Under no circumstances will the Institute exchange, give, sell, or transfer this contract, or the
services of the Teacher, to another party or Institute without the written consent of the Teacher.
In the case of a change in ownership, the Institute may transfer; sell this contract with prior
written notification to the Teacher.
17. Precedence of the Laws of Korea
Should any portion of this contract be found to be incompatible with The Korean Labor
Standards Law, or any other Korean law, such portion will become invalid and the stipulations
of the appropriate law will prevail. This will in no way invalidate other, unrelated, stipulations of
the contract.
We hereby confirm that we have read and understood the terms and conditions of this contract
and agree to be bound by them.
« Last Edit: July 13, 2020, 07:39:48 am by sk71s6n »


Re: Bundang contract review
« Reply #1 on: July 09, 2020, 02:27:54 pm »
well within the first few items it states a lot of Saturday work and the hours are long....it also has a lot about you paying this amount or that or repaying this or that if this or that.......it also says you can be fired for use of alcohol.....now I would assume this is during the working hours but the way it's written ......these places look for any reason to fire teachers before they make it to 1 year so they don't have to pay severance and flights etc


Re: Bundang contract review
« Reply #2 on: July 09, 2020, 02:29:58 pm »
This is a contract for RISE in Budnang. It's the first contract I've been sent so I don't really have anything to compare it to, but there are a few parts that seem a little sketch... especially part 12e (although like I said, I've never been sent a contract before so I don't know if this is normal). Any advice/opinions is appreciated :)

As a rule never ever jump at the first contract you're offered.  Rise is a notoriously crap chain.  And recruiters, on the whole, throw crap jobs to new teachers.  Study up on what is good and bad, use multiple recruiters (at the end of the day, they just want their commission)

Just for reference, I'll make some pointers....

Quote
c. During orientation training period teacher will be paid 30,000 Korean won per day. The
basic salary will be paid from the actual teaching starting date.

How long is orientation?  30 000 won is a pitiful amount to offer you.

Quote
d. The Teacher will teach up to 126 hours per month between the hours of 9:00am and
7:00pm. The daily schedule will be set by the school director. The teacherís working
hour is from 9:00 am to 6:00 pm on Monday, Wednesday, Friday and 9:00 am to 7:00
pm on Tuesday and Thursday and maximum of four Saturday classes in a year.
(Overtime will apply if it exceeds four Saturdays in a year.) Due to Covid-19, there will be
make-up classes on the third Saturdays of each month until February 2021. These
classes are specific to the 2020 calendar year and overtime amount will be 1.4 times of
1 day payment. The Covid-19 make-up classes do not count to the four Saturday
classes specified above.

What is an 'hour'?  Is it a 'teaching hour', 40/45/50 minutes or is it an 'actual hour'?  If it is the latter, then you'll be teaching a lot of classes to satisfy that 126 hours per month.  As a comparison, public school teachers teacher a maximum of 22 'teaching hours' a week (40 minutes elementary/45 middle/50 high), so about 88 classes a month.  If you're teaching 126 'full hours' a month, that could be around 42 45-minutes classes a week.  Almost double a public school teacher.  Equal burnout.

Quote
e. The Teacher is required to adequately prepare for all classes and devote the time
required to complete the preparatory and administrative tasks that are normally
associated with teaching the children. These include:
i. Conducting classes as scheduled
ii. Preparing materials for classes.
iii. Planning and team meetings as required by the RISE approach.
iv. Student assessment and reporting.
v. Communicating with cooperating Korean teachers and/or administration as
necessary for the maximum possible benefit of students.
vi. Attendance at meetings, workshops, and special events as reasonably required
by the institute.

A lot of work.  Especially if you've got a lot of classes too.

Quote
4. Salary
The Institute will pay the Teacher a monthly salary of 2,400,000Korean won per month for
126 hours per session of 20 working days. (In the case where there are less than 20 working
days due to extra public holidays etc., the extra days must be made up on the day designated
by the institute.) This wage is provided as compensation for all services rendered, including all
class preparations, related class work, and reports that might be required in addition to
working hours. If the Teacherís scheduled teaching hours fall below that outlined in Section
3d, the Institute may ask the Teacher to make up the difference through administrative or
curriculum development work, which may or may not be related to the classes the Teacher is
teaching. Monthly salary will be paid on the 15th of the following month. Korean income taxes
and Korean National Pension tax deductions will be withheld.
15th of the following month is crap.  Hagwons keep these stupid late dates for you pay to stop you from doing a runner. Also, when they have all these provisos to get paid through strange calculations, it can be a red light. 
 
Quote
5. Overtime
The Teacher may be required to teach up to three hours of overtime per week. Overtime will be
paid at 18,000won per hour and paid at the time of the monthly salary. Duties outlined in Section
3d will not count towards the calculation of overtime. While holidays are paid in full, time not
actually spent teaching (including holidays) will not count towards the calculation of overtime.

Overtime pay too low for 2.4 million.  'may be required' says, 'you have no choice' to me. 

Quote
b. If the Teacher leaves the Institute before the end of the contract term, no severance will
be paid.

Not strictly true.  If you work a year at the school, then you can be paid prorated severance for any time you work there after that one year.

Quote
c. The Institute reserves the right to withhold up to 400.000won from the Teacherís
severance pay or first pay to cover utility bills that have not been received, or remain
unpaid, at the end of the contract period. In this event, the balance remaining after all
bills have been paid will be transferred to a bank account designated by the Teacher
within 45 days of the end of the contract period. Receipts for bills paid by the Institute
can be provided upon request.

They are not allowed to withhold any severance from you, if you've satisfied your contract.  45 days?  Why would it take so long.  No effing way.  Schools can take a 'security deposit' but I'd be very wary about a hagwon taking it.  Dodgy. 

Quote
7. Air Transportation
a. Upon successful completion of the one-year contract, the institute will issue the
Teacher a one-way air ticket to where the teacher departed from. In a case that the
Teacher does not go back to where the teacher departed from, the institute
compensate 500,000 won in lieu of the air ticket.

Fair enough.  Some hagwons offer no flight at all. 

Quote
9. Holidays and Vacation
a. In addition to the usual national holidays (some national holidays may be used for makeup classes as it explained in section 4), the Teacher will be given summer and winter
vacation to be determined by the Institute director.
b. No deduction from salary will be made for national holidays or other holidays; however,
hours not worked on these days does not count in the computation of overtime pay.

Again, needless calculation nonsense for salary.  Nit picky crap.  I don't like the words 'the usual national holidays'.  *edit* wait a sec, how many paid days vacation in summer/winter? sneaky as shit that.

Quote
12. Termination of this Contract
a. Both parties agree to provide a minimum of 60 daysí written notice of their intention to
terminate this contract.

You don't need to give any notice.  They have to give you notice by law.  Definitely not 60 days.  But it can be a case of you sign it, you stick to it.

Quote
b. In the event that an unusual number of students or parents complain about the
Teacherís classes, or if there is a noticeable decline in enrollment that can be
reasonably attributed to the Teacherís teaching methods, the teacher will be formally
notified of such. S/he will be afforded a 30-day period in which to remedy the situation.
During this period, the Institute may require the Teacher to observe other Teachersí
classes and/or alter his/her teaching methods. If, at the end of this 30-day period, the
situation has not improved, the Institute may terminate the Teacherís employment. The
Institute will be the sole judge of such improvement or lack thereof.

This clause alone would be one reason not to even think about it.  How can you remedy a decline in numbers, especially during the Covid times?   

Quote
iii. Use of alcohol, or any other intoxicant.

When?  At school?  or anytime?

Quote
d. If the teacher receives two warning letters from the institute, the institute has right to
terminate the contract without any notice. The Teacher will have to return the plane
ticket provided upon arrival and no severance will be paid.

What plane ticket?  Further up it is only for contract completion.  Also, as noted above, if you work a whole year, then any severance after that is prorated, so they can't withhold it.

Quote
e. If the Teacher chooses to end this contract early for any reason other than his/her
serious injury or serious physical illness, or if the Teacher is dismissed for serious cause,
as outlined in section 12 c. of this contract, the Teacher agrees to pay a penalty to the
Institute equal to 200,000 won for each full month remaining in the contract period, to a
maximum of 1,000,000. This is to help defray the significant costs involved in hiring,
training, and providing a visa for a new employee.

BEEP BEEP BEEP!!! Penalty clause!!! Illegal!!!

Quote
parties will be bound by all the terms and conditions of this contract and will try to resolve their
differences in a manner that is fair to both parties and results in the least inconvenience to both.
In the event that no solution can be found and either party decides to terminate this contract,
each must do so in accordance with Section 12. Upon such termination of employment or
dissolution of this contract, both the Teacher and the Institute agree to behave in a respectful,
civil manner and refrain from activities that may damage the reputation of either party.

Erm there is a lot in this contract that isn't in good faith.  They're hoping you won't know anything about the laws that cover you.

Don't take this job.  Bundang, nice.  Job, not.  Avoid.
« Last Edit: July 09, 2020, 02:35:10 pm by Ronnie Omelettes »


  • Kayos
  • Hero of Waygookistan

    • 1816

    • March 31, 2016, 07:13:57 pm
    • NZ
Re: Bundang contract review
« Reply #3 on: July 09, 2020, 02:38:06 pm »
So far my thoughts: 126 hours per month is slightly higher than normal, typically 120 per month is the norm. And they don't specify the teaching hours. There's a difference between a work hour and a teaching hour in Korea. It looks like you'll also be working 6 days a week fairly regularly, and the extra sat is unpaid.
Making up days due to the company being closed on a public holiday, I think that's illegal.
Overtime pay is low. Typically 20,000 is the norm, and people usually say that is low too.
The compensation for airfare (if not going back home) is abysmally low - 1,300,000 is considered the standard.
Your not told how many vacation time you get "up to the discretion of the employer" could mean you get none. 10 days per year + national holidays is the lowest they legally have to give you, I think.
looks like no paid sick leave. 3 days of sick leave is considered low balling it, 5 is typical.
12.b is really dodgy, it sounds like they are getting you to agree to be thrown under the bus if students leave for whatever reason (which will probably happen).
The payment penalty for leaving early, or getting fired is illegal.

Chances are something I mentioned are wrong, maybe people more versed in contracts will be able to help you more, but this is what I noticed.


  • 745sticky
  • Expert Waygook

    • 543

    • March 26, 2020, 01:52:57 pm
    • Korea
Re: Bundang contract review
« Reply #4 on: July 10, 2020, 02:50:59 pm »
(In the case where there are less than 20 working
days due to extra public holidays etc., the extra days must be made up on the day designated
by the institute.)
This alone is reason enough not to sign.


Re: Bundang contract review
« Reply #5 on: July 11, 2020, 07:37:41 am »
There is a good article on Reddit on contract reviews that is written by Korean Labor Attorney's.
https://www.reddit.com/r/Korean_Law/comments/fguie1/korean_employment_contract_reviews/

The key points are really the what Social Insurances are you being registered for in case there is another outbrek of COVID.
Also posting the name of the Employer, or the contract for that matter, may allow them to criminal charge you because:
1) Disparaging remarks are a crime against reputation which is part of the Criminal Code in Korea and there is a specific law in the Criminal Act on online posts
2) posting the contract online violates any non-disclosure requirements which may be an automatic violation of your contract terms


If you read the post you will find out that if the clause in the contract is not better than the Labor Standards Act the LSA will apply and not the clause in the contact and "orientation" is to be paid at the ordinary daily wage rates, any penalties in the contract are null and void (there is a Supreme Court ruling on that) so those are "empty words" and the most important item is the contractual work hours (teaching hours have no meaning) and you are working 2 hours of overtime per week give the the hours in the contract. 

You should really read the article and the reddit sub has many detailed articles on many many many items of Korean Labor Law

Cheers


  • hangook77
  • Hero of Waygookistan

    • 1819

    • September 14, 2017, 09:10:12 am
    • Near Busan
Re: Bundang contract review
« Reply #6 on: July 16, 2020, 01:32:44 pm »
Ask for 2.8 million or tell him to get bent.  Go to another country instead.  Are you really that desperate for Korea?  2.4 won't go that far in Korea especially if you have student loans to pay.

It's too much work and expectation for such a low salary.