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  • maidoua
  • Newgookin

    • 2

    • February 25, 2021, 03:02:40 pm
Contract Review *new teacher*
« on: February 25, 2021, 03:27:31 pm »
Article 3: Probationary Period
1   An instructor who enters into this Agreement for the first time shall undergo a probationary period of 3 months commencing on the date of
        commencement specified in Article 2, and if the expiration date of the probationary period falls on a holiday, the following business day shall be
        the expiration date.

2   If, during, or upon expiration of, the probationary period, it is acknowledged that it is inappropriate
        for the Instructor to continue his/her employment with the Company, this Agreement may be terminated without any advance. In such case, the
        Company shall pay the Instructor only for the number of days worked by the Instructor.

3   During the probationary period, the Instructor shall be paid 100% of the total monthly salary.

Article 4: Duties and Work Location
1   Duties shall include teaching and all other duties relevant to teaching.
2   The Instructor shall work at the branch.
3   The Instructor’s duties and work location may subsequently be changed pursuant to the Company’s work requirements. The Instructor shall
        comply with the Company’s decision unless there is a special reason not to.

4   The Instructor shall fulfill their obligations as follows. The instructor shall:
    a.   Diligently perform all services required of them;
    b.   In performing services, follow the management philosophy of the Company; prioritize the safety of students and perform their duties in line with
        the Company’s objectives in order to serve appropriate purposes;
    c.   Keep confidential secrets obtained in connection with their duties and not disclose any confidential information of the Company;
    d.   Comply with the Company’s policy and follow work instructions from the head of their department (Branch Manager);
    e.   Refrain from behavior unbecoming an instructor or otherwise damaging to the honor, trustworthiness or social reputation of the Company; and
    f.   Refrain from other behavior in violation of their duties as an instructor.

5   In addition to teaching, the Instructor must diligently perform the following tasks in accordance with the request of the Company and all services
        required of them
    a.   Preparation for class
    b.   Class-related duties (student feedback, student evaluation, special requests from parents, writing student reports, facilitating entrance exams,
    c.   Faculty meetings and workshops
    d.   Meeting requested deadlines
    e.   Other relevant duties that the Company may request

Article 5: Working Hours and Rest Period
1   Business days are from Monday to Saturday. Regular working hours are up to 8 hours per day, 40 hours per week shall be distributed among
        the business days. The working hours for each term are based on a timetable determined by the Company in advance. During regular school
        vacation periods, students may attend morning classes which instructors must teach. From the end of the special vacation classes, until the start
       of the regular classes (for example: from 13:00 to 15:30), 2 hours and 30 minutes are considered breaks and are not included in the working

2   The Instructor’s class schedule shall be provided in advance.
3   The Instructor shall abide by the schedule given by the Company. However, full remuneration shall be paid even if the Instructor works less than
        40 hours per week

4   The company may order overtime, holiday, and night work as stipulated by the Labor Standards Act
        and the Company’s rules of employment.

5   If the Instructor’s working hours exceed four or eight hours on a given day, the Instructor shall be entitled to a rest period of 30 minutes or an
        hour, respectively. The rest periods shall not be considered part of the working hours

6   The break times in the preceding paragraph may be given either all at once or separately, depending on the nature of the schedule.

Article 6: Compensation
1   The total monthly salary of the instructor shall be KRW TWO MILLION TWO HUNDRED THOUSAND (2,200,000). The total monthly salary shall
       consist of the teaching salary KRW ONE MILLION EIGHT HUNDRED THIRTY THOUSAND (1,830,000) and the administrative salary KRW THREE
       HUNDRED SEVENTY THOUSAND (370,000) (including but not limited to: class preparation, grading, meetings, workshops, reports, etc.). The total
       monthly salary includes the paid weekly allowance.

2   If the Instructor works in excess of eight hours a day or 40 hours a week set forth in Article 5 (1), 50% of normal salary shall be paid in addition to
       the regular salary provided in accordance with the Labor Standards Act. However, when the substitution holiday policy is applied as specified in t
       the Labor Standards Act, there shall be no additional compensation.

3   In case of business suspension due to reasons attributable to the Company, the Company shall pay the instructor an amount equivalent to 70%
       of average wage during the business suspension per the Labor Standards Act. However, if the amount equivalent to 70% of average wage
      exceeds the ordinary wage, the Company shall pay the ordinary wage.

4   The above amounts stated in paragraph 1 shall be paid only when the Instructor fulfills the prescribed working hours; for hours not worked due
       to absence, tardiness, early departure, or other reasons, payment shall be made pro-rata. If the instructor is late for work by two hours or more,
       such hours may be treated as half day leave. Notwithstanding the foregoing, exception shall be made if such tardiness is unavoidable and
       deemed justifiable by the department head (Branch Manager) of the instructor.

Article 7: Payment of Compensation
1   The salary shall be calculated from the 1st day to the end of each month of the previous month and be paid on the     th day of the month to
       instructor’s bank account; provided, however, that in the case where such date falls on a holiday or any other days on which banks are normally
       closed, the salary shall be paid on the proceeding business day. If the instructor did not start on the 1st of the previous month, then payment
       shall be made pro-rata.
2   The salary shall be paid after deducting applicable taxes required by applicable laws.

Article 10: Holidays and Leaves
1   The Company shall grant the Instructor Sunday as the weekly paid holiday as long as the Instructor fulfills the prescribed schedule. However, in
       accordance with the circumstances of the Company, the weekly paid holiday can be changed in advance after agreement with the Instructor.

2   Labor Day (May 1 of each year) shall be a paid holiday.

3   Annual paid leave shall be granted with prior approval from the Company in accordance with the Labor Standards Act. However, a certain
       number of days may be assigned as annual paid leave at a given time due to the nature of the business.

4   Each instructor shall be granted 15 days of paid leave for at least 80% attendance during one (1) year. If the attendance in one (1) year is less
        than 80%, the instructor shall be granted one (1) day of paid leave per each completed month of service. For first year instructors, one (1) day of
        paid leave shall be granted per each completed month of service. This provision does not apply to workers with less than 15 fixed work hours
        during an average of four weeks or 60 hours per month.

5   Non-working days or non-working half-days from Monday to Saturday, branch vacation periods, branch holidays, and unofficial holidays shall be
        used as annual paid leave days (excluding the number of days used in paragraph 3) when accumulated working hours is less than 35.

6   Applications for annual leave shall be submitted in advance to the department head (Branch Manager) of the instructor.

7   If granting approval for leave as requested by the instructor is deemed to negatively affect business, the Company may adjust the time of such l
        leave or split the leave.

8   If the instructor leaves work early or travels for personal matters without advance approval, an amount in proportion to the duration of such
        absence shall be deducted from his/her wage.

Article 11: Housing
The Company shall provide rent-free housing for the Instructor during the term of this Agreement. The Instructor will be responsible for utilities and maintenance fees, and any other fees associated with the housing during the term of his/her contract. In the event that this agreement is terminated by either party, subject to Article 15 below, the Instructor must vacate the premises within two (2) days of the last day of teaching. Any costs associated with Instructor’s failure to vacate the premises, including but not limited to rent payments, legal expenses, and attorney fees shall be paid by the Instructor.

Article 15: Termination
1   If a reason for dismissal arises as prescribed by the rules of employment during the contract period of Article 2, the Company may terminate the
       contract with the Instructor.

2   If the Instructor wishes to terminate this Agreement during the Term of the Agreement, he/she shall submit a letter of resignation at least 65
       days prior to the date of resignation, and in order to ensure continued education to the students, must continue to perform his/her duties until
        the Company accepts his/her resignation.

3   The Company shall terminate the employment relationship in any of the following cases:
    a.   Where the Instructor desires to leave the Company;
    b.   Where the Instructor has passed away;
    c.   Where the Instructor reaches the retirement age;
    d.   Where the Instructor leaves the Company returning to their home country or leaves the Company unauthorized without prior approval or
    without any contact;
    e.   Where the Instructor has engaged in criminal acts;
    f.   Where the term of the employment agreement expires; or
    g.   Where dismissal of the Instructor is decided.

4   Restriction on Dismissal
    a.   The Company shall not dismiss the instructor during a period of leave for medical treatment of an occupational injury or disease and within 30
    days thereafter; however, if the Company has paid the lump sum compensation due under Article 84 of the LSA, this shall not apply.
    b.   The Company shall not dismiss any female instructor before and after childbirth during a period of leave as provided in the LSA and within 30
    days thereafter.
    c.   If the Company, notwithstanding Paragraphs a and b, is unable to continue its business, the Company shall dismiss the Instructor in question.
    d.   The instructor shall not be dismissed during his/her childcare leave.

  • KimDuHan
  • Hero of Waygookistan

    • 1393

    • January 15, 2015, 11:48:59 am
    • Seoul
Re: Contract Review *new teacher*
« Reply #1 on: March 02, 2021, 04:23:59 am »
Monday to Saturday plus 2.2 million?

Hard pass!

Re: Contract Review *new teacher*
« Reply #2 on: March 02, 2021, 08:03:23 am »
lmao, this place is trying to say that Sundays are paid holidays. And are they really trying to tell you that a portion of your salary is supposed to be towards class materials?

So many problems with this contract not just limited to the long work hours and low pay for what they're expecting from you. This place is really trying to toe the line between what is legal and illegal, but it's failing, and the dishonesty is pretty obnoxious.

More than a hard pass, you should run.

  • buckybee
  • Veteran

    • 137

    • August 30, 2015, 02:36:08 pm
    • Daejeon
Re: Contract Review *new teacher*
« Reply #3 on: March 02, 2021, 08:24:26 am »
Run away OP... That's a miserable contract.

  • OnNut81
  • Hero of Waygookistan

    • 1820

    • April 01, 2011, 03:01:41 pm
    • Anyang
Re: Contract Review *new teacher*
« Reply #4 on: March 02, 2021, 08:34:23 am »
Wow!  That is one awful position.  Monday to Saturday for 2.2 is the only thing you need to know that this job offer should be discarded immediately.  And if a recruiter sent you that crap, stop dealing with them.  Don't believe any recruiter that tries to push a job like that on you.  Don't argue with them.  Just cease all communications. 

  • Kyndo
  • Moderator LVL 1

    • 1970

    • March 03, 2011, 09:45:24 am
    • Gyeongsangbuk-do
Re: Contract Review *new teacher*
« Reply #5 on: March 02, 2021, 10:33:12 am »
6 days a week for 2.2 million is.... really bad.
Even if you're in Korea for the food/culture/experience rather than the money, working 6 days a week pretty much means you can't go out and see anything anyway.

Also, maybe it's just the way it's been translated, but from what I understand it to say, Article 5, clause 5 and 6 seem to be illegal.

  • maidoua
  • Newgookin

    • 2

    • February 25, 2021, 03:02:40 pm
Re: Contract Review *new teacher*
« Reply #6 on: March 02, 2021, 02:24:00 pm »
Thank you so much everyone! I had a feeling it was weird but gave it some doubt as I'm not sure if this is how other contracts look like as well.