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  • mroast
  • Newgookin

    • 4

    • September 16, 2021, 09:04:02 pm
Is this contract "fixable"??
« on: October 12, 2021, 09:36:15 pm »
       So, the following is a contract for a school I have been considering. I already know its a place where the teachers work pretty hard, but I'm more concerned with getting screwed over (I already don't like the clause on paying back airfare AND the recruitment fee). Is there anyway I could negotiate some of the stuff in this contract or should I walk?

1. DURATION:

It is hereby agreed between the Institute and the Teacher that the Teacher will teach at the school for one year, starting from   TBD   2022 and ending   TBD  2023. If the Teacher wishes to renew his/her contract at the end of one year, he/she must inform the school two months prior to the end of the contract period, and the contract may be renewed at that time for another year by mutual agreement. The arrival date is ________________ to attend the schoolís training. If a teacher  is working in Korea till the last date of Feb 2022 He/she can join from _____________ due to the current contract finishes. The teacher will visit the school on 2-3 times Saturday in 2022 Feb to learn the schoolís curriculum separately.

2. RESPONSIBILITIES OF THE TEACHER:
(A) The Teacher is required to conduct him/herself in a professional manner, respect co-teachers, staff members, and the students at all times, and agrees to follow and comply with the policy of the school, either expressed explicitly or implicitly, as well as the national and the local law. The Teacher cannot work for other schools without the consent of the school according to the Korean Labor law. If the Teacher violates this portion of the contract, he/she will be released from the school's visa sponsorship and deported to his/her home country immediately.

(B) All ------- teachers have the duty to work for 20 days per session or 240 days a year.
All teachers working at -------- must understand and comply with this school policy.

(C) The Teacher will be required to attend 2 ~ 3 annual events (sports day, winter concert and etc) on Saturday or Sunday throughout the contract year.

(D) The Teacher will be required to attend teacherís workshop which is scheduled from Korean government on Saturday once a year. Teachers will not receive additional compensation for this day.

(E) Supervision: The Teacher must work closely with co-teachers and staff members as well as the director or the deputy director. It must be noted that the director or the deputy director can
observe the teacherís classes whenever they need to with or without prior notice, review the Teacherís lesson plans, and direct the Teacher to change his/her teaching methods or the lesson plans into more appropriate ones. The Teacher must also participate in developing teaching materials if asked to do by the director or the deputy director.

(F) Classes and Working Hours: The Teacher shall have 36 of 40 minute classes, equivalent to approximately 24 of 60 minute classes per week from Mondays to Fridays. All the programs at the school are implemented on the basis of the school calendar provided by the ------ headquarter. The Teacher's working hours are 9:20am~6:30pm Mondays, Wednesdays, and Fridays and 9:20am~5:00pm Tuesdays and Thursdays for morning teachers while 1:00pm~9:00pm Mondays to Fridays for afternoon teachers. The Teacher will be designated as either a morning teacher or an afternoon teacher for the entire period of the contract. However, the teaching schedule can be adjusted slightly with prior notice to the possible unexpected changes of the school schedule. The Teacher is required not to leave the school between classes until the school ends. The Teacher might be expected to work additional hours in rare cases with prior notice while preparing some events such as graduation. The Teacher is required to attend the regular weekly meeting, or occasional extra meetings made by the director or the deputy director at their discretion for informing or discussing some urgent issues.

The Teacher may be required to substitute or correct journals and essays as part of the regular teaching workload. The Teacherís class preparation should be completed before the class starts. Regular check-ups and evaluations will be conducted by supervisors. The work week will follow the yearly academic calendar issued by ----------. Any part of the teacherís workload can be converted into research and development work under his or her supervisorís supervision.

(G) Extra class and Overtime rate:
The Teacher can have extra classes exceeding 18 unit classes (80 minutes /unit) per week when asked by the director or the deputy director. Any extra classes over 18 per week are defined as overtime classes, Overtime teaching - beyond 18 unit classes (80 minutes / unit)- is paid at 30,000 won per unit. The rate is only for the weekday classes, while different rate is applied for the weekend classes. The rate for the weekend is usually determined on a case by case basis.

(H) Performance Evaluations: The Teacher is evaluated in writing or verbal comment by his or her supervisor. The Institute has the right to determine if a performance appraisal is needed on a monthly or more frequent basis. The evaluation will include a review of the Teacherís job qualifications and performance, the quality of his or her work, knowledge of his or her job, job skills, attitude, working relations with co-workers, students and parents, initiative, attendance,
Punctuality and/or disciplinary record.  The review is designed to provide both the Teacher and his or her supervisors with time to discuss his or her strengths, weaknesses, career objectives and other concerns.

(I) Duty of Secrecy: All teaching materials including any books given to the Teacher by the Institute and reference materials prepared for the classes by the Teacher should be returned after using and the Teacher must not take out or use these materials for purposes other than teaching in -----.

(J) Dress Code: The Teacher is required to wear neat attire while at the School. Casual but decent clothing is acceptable, if it is not too revealing like shorts and low cut dresses.

3. BENEFITS:
(A) Salary: The Teacher's monthly salary is \2.3-2.5 TBD. The Institute deposits the salary to the teacher's bank account on the regular payment day, which falls on the 10th of every month, deducting income tax, National Pension Plan, and Medical Insurance premium. 

(B) Housing: The Institute will provide the teacher with furnished accommodations. The teacher is responsible for the costs for all the utilities, and must try to keep the facilities in good condition. The teacher must make sure to check all the items are the same as the checklist which is expected to be filled out and signed when initially entering his/her apartment.
The Teacher is responsible for any damage to the apartment due to negligence. All items provided by the Institute must remain in the apartment at the end of the Teacherís contract. Any expenses due to damage of the apartment, furnishings, garbage disposal fee, cleaning fee or replacement of furnishings will be deducted from the Teacherís last month salary. A final clearance must be completed by the employee at the end of the contract.

(C) Medical Insurance: The Teacher will be covered by medical insurance by Korea Medical Insurance Union for his/her duration of the contract. The cost of this coverage is paid half by the school and half by the Teacher. The Teacher's share will be deducted from the Teacher's monthly salary. In general, it takes 3 to 4 weeks from the arrival date for the teacher to be covered by the medical insurance.

(D) National Pension Plan: The Teacher will also be covered by National Pension Plan. The Teacher needs to know in advance that the national law requires the foreign teachers to join the Plan with no exception. The cost of the plan is paid half by the school and half by the Teacher. The Teacher can take the accumulated fund back in a lump sum before leaving Korea. It's the Teacher's responsibility to get further information about the Plan or getting a refund.

(E) Severance Pay:
On completion of the contract, the Teacher will be paid additional severance pay. ------ School adopted a retirement pension plan for severance pay. The teacherís severance pay will be paid according to the retirement pension plan. The teacher will receive the severance pay which is equivalent to about one month of the teacherís monthly salary when the teacher completes the full year contract. (★Note: This is the severance pay retirement pension. It is separate from the National Pension Plan.) If the Teacher, however, fails to complete the full contract period, the school has no duty to give the severance pay to the Teacher according to the Korean Labor laws. The same deduction rate is applied to the severance pay as the regular monthly salary.

 (F) Vacation: The Teacher can have approximately 8 ~ 10 days of paid vacation during the contract period. The vacation will be scheduled as per the yearly academic calendar which is decided by the ------ school.

(G) Sick Leaves:
The Teacher will have a permitted documented sick leave and emergency leave for the total of 10 80min. classes during the contract year, provided he/she submits doctor's prescription in timely manner for approval from the director or the deputy director. The Teacher should provide the school with as much prior notice as possible. Unused sick leaves will not be converted into any cash payment. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, the Institute will subtract the cost for the absent days on the prorated daily basis from the teacherís following month salary.

(H) Airfare: The Institute will either provide the Teacher with one-way economy class airfare to Korea or reimburse the Teacher in case he/she buys the ticket directly. The Institute provides only international airfare from the airport near the teacher's home, so the teacher is responsible for the rest of domestic itineraries. The Teacher hired in-country will be provided only a one-way ticket to their home address when the Teacherís contract is completed. In case the Teacher fails to complete the employment by his or her own fault/reason, the Teacher shall pay back to the Institute the total amount of the air ticket and recruiting fee. And no return ticket provided at the end of the contract according to the English schoolsí association agreement

(I) Orientation and Job Training: The Teacher will have an orientation and job training before starting to teach at the school. During the orientation and job training, the Teacher can have the
opportunity to learn about ------ school program and its teaching methods, observing co-teachersí classes. During the job training, the Teacher will be provided Teacherís Handbook about ------ school. The Teacher must respect and follow compliance details written in the ------- Teacherís Handbook. During the job training, the Teacher will be paid 6,030 won per hour.

4. PERFORMANCE AND RENEWAL OF CONTRACT
The School Director has the authority to dismiss an employee for insubordination, professional ineptitude, gross misconduct or participation in any activities that may jeopardize the instituteís position in Korea or for other justifiable reasons. If an employeeís job performance is unsatisfactory during the first one-year contract, the School Director has the authority to waive any additional contracts.

5. COMPLETION/TERMINATION AND / OR BREACH CONTRACT
The Institute reserves the right to terminate this agreement for cause with written notification sixty days in advance, and for serious cause without notice. If the Teacher wishes to voluntarily resign from employment before the completion of this contract, he/she must provide written notice to the director at least two months before the resignation. If not, salary payment will be suspended until the institute finds replacement.

Although pay starts the day the Teacher starts the Teacher Training Program, the effective date of this contract is the first teaching day in the Institute.  The total period of this agreement is approximately one year, commencing from the first day of the session and finishing on the last teaching day of the Teacher's 12th teaching session. A delay in the Teacher's arrival at the Institute or in the opening of a new Institute may call for a re-negotiation of the contract period.

Both parties have carefully read and understood this contract; they have agreed to its terms and conditions in good faith; they will attempt to resolve any disputes which may arise in accordance with the terms of the contract, and in a reasonable manner. All disputes to this contract which cannot be resolved by the parties will be resolved through the legal system of Korea in accordance with Korean law.
 
I duly agree on the contract stated above.

Teacherís Guarantee for One Year Contract
In addition to the forgoing I , ______________ confirm that if I am not able to complete the full term of this one  year contract due to personal reasons or unprofessional conduct on my part (reflected in significant negative feedback from parents/guardians, students, managers or co-workers)  I acknowledge the right of the school to handle all matters arising according to the contract I have signed myself and I will be entitled to the rights and  provisions contained in this contract. I will not make any dispute if the school handles everything according to the contract as executed by myself and the Employer.




  • Renma
  • Veteran

    • 118

    • September 01, 2014, 06:09:42 am
Re: Is this contract "fixable"??
« Reply #1 on: October 13, 2021, 08:16:49 am »
2
C) I hope these are paid
F) 36 sounds like a lot to me for the salary offered. I hope those meetings are within the contract hours stated
G) Decent overtime rate, from the wording I assume these would be mandatory?
3
B) I would want a list of furniture. Would suck if you're expected to buy your own bed/AC etc and also clear them out at end of the contract
C) This sounds different to the national health insurance
F) Vague. is it 8 or is it 10? 10 used to be the bare minimum for hagwons. No mention of red days or public holidays, I think some hagwons have been sneaking those into the given days of late.
G) This equals to having 20 class hours of sick leave. I don't know the standard for hagwons but it sounds like you'd need to submit a doctors note in advance or lose pay.
H) 2 airfares paid is decent these days. IDK why it specifies your home address but I believe most hagwons now only offer one airfare. Vague recruiting fee could be any amount
I) I believe that training wage is below minimum wage.

Why don't you try for a public school? These hagwon contracts are getting worse and worse


  • Kayos
  • The Legend

    • 2287

    • March 31, 2016, 07:13:57 pm
    • NZ
Re: Is this contract "fixable"??
« Reply #2 on: October 14, 2021, 12:54:05 pm »
Yeah,
2C - find out if they are paid or not, ideally you'd want them paid, or at least given a day off during the next week
2D - while I understand keep trying to get better, while it's only 1 day per year, since it falls on what should be a day off, you should either be compensated, or given a day off during the next week, IMO.
2F - This is A LOT of classes. On top of that you have meetings and other stuff to do. You will get burnt out really quickly.
2G - that's about 15,000 won per extra class, which I believe is under the average. I think 20k - 25k won is typically considered average.
2H - I'd be worried, if verbal comments count towards this, which based on the wording, it would likely count.

3A - I'd want more than 2.5 based on the amount of work you have to do, but you could likely negotiate less duties/teaching hours and stuff if they don't want to go above 2.5 - just the amount of work for that amount makes 2.3 - 2.5 seem low.
3B - get an itemized list of what they will provide. I'd walk if it doesn't include AC as summers get brutal here.
3C - ask if it's the national insurance, if it isn't request the national one, as I'm pretty sure all foreign teachers need to be on the national plan, and not being on the national one can cause problems.
3D - NZ and I think England can't get the lump sum, but still have to pay into it.
3F - Vacation is low, but low vacation is common for Hagwons. I'd get a clear number of days - typically 10 is considered the norm for hagwons, also try to not let them dictate when you can use it (you may need to negotiate for that).
3G - sounds like you are only getting just over 1 day, but less than 2 days, worth of sick leave. I'd likely try ask for a set amount of days, rather than it be based on classes, cause with your 36 classes per week, if you get sick or injured, it will be used up insanely fast.
3H - Typically you'd get 1.3mil won per flight, meaning a flight here and back at the end, though hagwon's have been reducing that.
3I - Orientation is normal, but earlier it says you need to do 3 Saturdays to go over the school curriculum, typically it should be done during this orientation.

4 - I'd try get a list of what counts and doesn't count as justifiable. As based on the wording, they could likely fire you for any reason.

5 - I believe withholding your pay is illegal.

Personally, I wouldn't take it. Hagwon's are generally pretty terrible to work for, there are good ones, but they seem to be extremely rare.
You'll be overworked and unpaid, and the benefits tend to be trending downwards, or left as vague (which likely benefits the hagwon over you).


  • mroast
  • Newgookin

    • 4

    • September 16, 2021, 09:04:02 pm
Re: Is this contract "fixable"??
« Reply #3 on: October 19, 2021, 11:00:37 pm »
Thank you all for your comments! I ended up choosing a different contract that was way better than this one. Its sad because I got along great with the people I interviewed with and other teachers, but this contract is bad and not worth it.