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  • KimCheese
  • Newgookin

    • 1

    • December 15, 2021, 12:14:59 pm
    • United States
Contract Review (I've been burned before, please help)
« on: December 15, 2021, 12:21:53 pm »
I'm trying to avoid a similar horrific fate that was my life the past year. Please someone help me.

1. INTRODUCTION:
This is an agreement between                      (here In after called ‘the Instructor’) and ******. (hereinafter called `the Company'), a corporation organized and existing under the laws of the Republic of Korea, and having its principal office at *********, Gangnam-gu, Seoul, Korea, manages ***** Institute(hereinafter called `the Institute'). The Instructor agrees to teach students at ***** Institute at the times designated by the Institute management, and agrees to develop and present educational programs for the students. The Instructor agrees to follow and comply with the Company's policies and guidelines during the period of this agreement.

2. CONTRACT DURATION:
It is hereby agreed between the Institute and the Instructor that the instructor shall teach at the Institute, starting from March 1 st 2022 to Feb 28th 2023.

3. RESPONSIBILITIES:
(A) The Instructor shall work from 08:30 to 17:00. Teaching hours will be 120 hours per month. Hours can be changed slightly depending on the students’ schedule/enrollment.
(B) The Instructor is responsible for regular classes and conducting/leading extra –curricular activities and afterschool programs and expected to attach the syllabus and schedule of the Institute closely.
(C) The Instructor is responsible for familiarizing him or herself with all the Institute materials relevant to teaching at the Institute. The Instructor shall faithfully teach and train students at the Institute. 
(D) The Instructor will be required to attend all weekly meeting for teaching and some special events (open houses, drama concert, annual events etc.) or take classes on Saturdays(once or twice per year).
(E) The Instructor is expected to devote for lesson planning and developing teaching materials with co-instructors, student evaluations, reporting, consultation with parents, supervision of play, and maintenance of environment during breaks, workshops, and instructors’ meetings.
(F) The Instructor’s responsibilities, as well as the academic programs, may be modified, from time to time, after being agreed upon by both the Instructor and the Institute.
(G) Any part of the Instructor’s workload can be converted into research and development under his or her supervisor’s supervision.
(H) The instructor is expected to prepare daily class in the classroom, morning snack,  to clean one’s classroom briefly, bring cups and water bottle, ventilate, play music, welcome students, and so on.
(I) Students will be arriving at school around 9:15 am and are expected to go to their class room, hang up their coats, and unpack their bags with help of the instructor.
(J) The instructor will be required to submit the monthly progress report and weekly short comment about the students, to make books for students, to prepare all teaching materials a week in advance not to print out anything during class.
(K) The instructor is expected to have lunch together helping students to have meal properly and to play together after lunch because lunch time also will be included in teaching hour and here the instructor is teaching young students.
(L) Whenever moving outside classroom, the instructor will be required to lead
students in front of them while co-instructor is following behind them.
(M) Parents will be invited to the open class twice in a year.
(N) At any time, the supervisor may observe your class with quick notice on that day. Classes should be conducted in an academic manner, and should always be “fit for observation.”
(O) Once a month, during the weekly meeting, a different teacher will be asked to make 5 min presentation to the rest of the staff. The topic of the presentation can range from classroom management to educational activities they believe their coworkers would benefit from.

4. PAYMENT:
 (A) The Instructor’s total monthly payment shall be  2,500,000 won which will be paid monthly on the regular day.
(B) The Instructor's payment will be paid monthly on the regular day.
(C) If the Instructor teaches, by mutual agreement of the Instructor and the Institute,
additional teaching hours over 120 hours per month, overtime compensation at 20,000 Won/per hour shall be paid for those hours. Teaching related duties such as class preparation, test evaluation, report writing will not be considered as overtime work.
(D) On completion of one’s responsibilities of the full contract period (12months), the employer will pay  2,500,000 won for completion bonus (Severance pay). It will be paid only at the completion of the contract. Income tax as required by Korean Law will be deducted.
(E) When the Instructor has not worked a full month, payment for that month shall be paid on a pro rata daily basis either from the first day or until the last day of work.
(F) If the Instructor should be absent from work without a prior approval, his or her payment for that month shall be deducted by the amount calculated n a pro rata daily basis for the number of unauthorized absent days.
(G) In the event the Instructor is late for 20 or more minutes, the Instructor shall be penalized for one hour.

   
5. ACCOMMODATION:
 (A) The Institute provides the Instructor a private single person accommodation, which includes paying key deposit, and monthly rent to the landlord. If the Instructor wishes to have his/her own housing, the Institute provides monthly housing allowance instead.
 (B) The Instructor’s apartment furnishings include: basic cooking utensils, air-conditioning, washing machine and internet connection
 (C) The Instructor’s apartment furnishings do not include: bed and bedding.
 (D) Costs for monthly utilities, including electricity, water, gas, and all communication fees are paid by the Instructor.
 (E) The Instructor is responsible for cleaning the apartment and maintaining the things furnished in the apartment in a good condition. The Institute or the landlord has a right to claim any damage caused by the Instructor.


6. VACATION TIME:
(A) The Institute provides the Instructor with approximately ten working days of vacation in one employment year. Vacation days will be scheduled on the annual calendar by the Institute.
(B) Documented sick leave and emergency leave will be paid for a combined total of 3 working days a year. Any additional sick days taken will be considered vacation days. The Instructor should provide the Institute with as much advance notice as possible but in no case can this notice be given less than three hours before the Instructor’s scheduled work start time. The Instructor should submit doctor’s prescription to the Institute for approving sick leaves. Unused sick leave may 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, related costs shall be subtracted from the following month’s pay.
(C) If the Instructor is absent for two or more consecutive classes without proper notification and authorization, he or she shall be deemed to have voluntarily resigned. However, even if the Instructor provides notification of his or her absence, the Institute has the ultimate right to determine if the reason given justifies the absence. 
  (D) Upon termination of the new contract within the first six months, the used paid leave will be calculated based on a pro-rata monthly basis.

7. INCOME TAX, KOREAN HEALTH INSURANCE AND NATIONAL PENSION PLAN
(A) INCOME TAX
Korean Income Tax, approximately 3.3% per month of the Instructor’s payment, shall be deducted from the monthly payment by the Company as withholding tax provided by Korean law.
(B) HEALTH INSURANCE
The Instructor can be covered by health insurance, by mutual agreement between the Instructor and the Company. Fifty percent of the cost of this coverage will be borne by the Company, and the other fifty percent will be borne by the Instructor.
(C) NATIONAL PENSION PLAN - *CONDITIONAL
National Pension Plan could be provided conditionally by mutual agreement between the Instructor and the Company. The national pension contribution as required under Korean law shall be withheld each month from the Instructor’s payment. (approx. 9%. 50% borne by the Instructor and 50% borne by the Company, this is refundable for the US and Canadian citizens at the end of Contract term)
   I understand and accept the terms of National Pension Plan.    ______________
 
  I don’t accept the terms of National Pension Plan.              ______________


8. DUTY OF SECRECY:
(A) The Instructor shall not disclose any information relating to the Instructor’s employment conditions to others, teaching materials, or any information related to the academic program, whether verbally or written, to individuals or corporate entities.
(B) All teaching materials, including any books, textbooks and teaching resources, given to the Instructor by the Institute and reference materials prepared for the classes, by the Instructor, should be returned afterwards. The Instructor must not take out or use these materials for purpose other than for teaching at the Institute.
(C) All materials and information produced, during the period of this contract, become the property of the Institute. The Instructor maybe compensated as regular pay, overtime, or in an agreed-upon lump sum, remain the sole discretion of the Institute.


9. ADDITIONAL DUTIES:
(A) The Instructor should respect the rules and the standard of conduct set by the Institute and should obey the laws, regulations, instructions, and ordinances of the national and local governments. The Instructor is required to conduct him/herself in a professional manner and to wear neat attire while at the Institute. Casual clothing is acceptable, provided that it is neat and clean. The Institute does not allow body-piercing, extreme hairstyles and nail decoration, unusual hair color or excessive makeup, unusually tight or revealing clothing, and inappropriate behavior. And also, beach thongs, holed clothing, frightening outwear, sleeveless shirt are not recommended. All staff and students at LATT will be barefoot throughout the day. Socks or fabric slippers are permitted but rubber slipper and outside footwear are not permitted.
(B) The following forms of behavior will not be permitted.
1) Not following scheduled class timetables and dismissing, canceling, or starting classes late or leaving classroom without the prior approval of the Institute director
2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs
3) Making sexual advances towards, or entering in to relationships with students or employees of the Institute
4) Letting students in the classroom without any teacher
5) Sharing the information of students by private SNS (kakao talk, facebook, twitter, ect.) and posting up any of students picture on the internet
6) Bring a Private laptop, Surfing the internet, using cell phones, or bringing a pet, food, and any hot beverages during class
7) Displaying video clip that is not directly related with the syllabus
(C) The Institute shall have the right to terminate this contract if the Instructor violates the contract or fails to conduct him/herself in a professional manner. At least four weeks termination notice will be given to the Instructor in such case. In this case, the Institute has no duty to give the bonus pay and return airfare to the Instructor.
(D) If the Instructor wishes to voluntarily resign from the Institute before the               completion of this contract the Instructor must provide written notice to the            Institute at least 6 weeks before the resignation.
(E) For the cancellation of a contract or voluntary resignation within 6 months of this contract period, the Instructor has to reimburse the price of air ticket that the Institute provided to the Instructor at the beginning of the contract.
(F) The Instructor cannot work for other schools, companies or private teaching without the consent of the Institute.



10. SOLE AND ENTIRE AGREEMENT
Both parties have carefully read this agreement; They have agreed to its terms in good faith; and 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 which cannot be resolved by the parties to this contract will be resolved through the legal system of Korea in accordance with Korean law.
I duly agree on this agreement stated above.



Re: Contract Review (I've been burned before, please help)
« Reply #1 on: December 16, 2021, 09:06:07 am »
This whole contract reads like massive burnout. You basically have no free time, you're even expected to babysit the kids during lunch. That's not a lunch break for you, that's working while you're eating. And they want you to be available for meetings and workshops that they probably will not reimburse you for, either (it's just thrown in there as compulsory, but if it happens outside of the stated work hours, they have to pay you for it according to labor law, and this also includes having you work on weekends -- just because they have it stated that you have to be available for some Saturdays does NOT mean they don't have to pay you overtime for it). Too much of it is too vague, and they'll most likely try to use that against you to justify a lot of bullshit.

Plus, they're saying they can change up your work expectations but with no details on what those changes could be... which basically means that they can increase your workload later if they want to. They've got an addendum in there stating that this is only as long as you agree to it, but, honestly, they'll probably try to coerce you into it, given all of their other expectations. I've seen stuff like this also used to justify loaning teachers out to other schools or trying to get them to teach subjects other than English, too, and that's all illegal if you're an E2. And you can get deported for it if found out, even if you were totally ignorant of the illegality and were only doing what the boss told you to do. Just a general warning should you find yourself being faced with a boss trying to put you in this sort of situation.

Plus, there's that 3.3% tax rate. Smoking gun that the institute is gonna try to register you as an IC, which is illegal if you're an E2, and that's going to cost you later. Hagwon owners usually do it to dodge taxes (which makes it a criminal offense), and they foist that cost onto the employee instead.

So pass on this. There are way better out there. Don't trust the recruiter that says otherwise.
« Last Edit: December 16, 2021, 09:25:44 am by Chinguetti »


  • Kayos
  • The Legend

    • 2415

    • March 31, 2016, 07:13:57 pm
    • NZ
Re: Contract Review (I've been burned before, please help)
« Reply #2 on: December 16, 2021, 09:19:55 am »
3A - makes it seem like they can add more to your plate, so your 30 teaching hours per week will likely be more. I think you'll end up doing a lot of extra work based on this alone.
3D - are you paid for these extras and/or will they be part of your weekly teaching hours. sounds like you might end up giving up a Saturday a month depending on how many they do and when.
3E - looks like you will have a lot of responsibilities, and if you are already doing 30+ teaching hours per week, this will likely cause a lot of burn out.
3G - never seen this before, looks like it's an excuse to constantly look over your shoulder or something while you work?
3H - same as 3E, sounds like you'll be lesson planning at home
3K - labor law says you have to have a 30 min break, where you can't be forced to do work, yet they are making you do work during your lunchbreak, on top of that, it's also stated earlier you need to play with the students after they've eaten lunch. You are going to have no downtime during the day, from the sounds of this.
3M - 2 open classes are sounds excessive, 1 is usually the norm.
3O - now you have to make presentations for the other stuff while trying to lesson plan and do all the other stuff they expect you to do. You'll likely be going home every night with a lot of work to do at home, and it will likely be unpaid.

4A - 2.5 feels too low for the amount of work you'll be expected to do. It's a step up from the 2.1 we frequently see on contracts here, but for the amount you'll be working, I'd be looking for close to 4mil as a starter for that.
4B - they need to state which day of the month is the payday.
4C - 20k is on the lesser side of average, I think.
4D - I don't think they can list the amount of severance, there's meant to be a specific calculation for it, however, by stating the amount, if you take unpaid time off, it shouldn't affect your severance. However, stating the amount feels like they are doing something dodgy.
4G - I think this is illegal, I think they can only dock your pay by the amount you are late. (someone can correct me if I'm wrong on that).

5A - they should state how much you'll get for housing allowance.
5B&C - they should offer a bed, table, and chair, by not offering this, it sounds like they will be putting you in a tiny shoebox like apartment.
5E - take pictures of the place when you get there and leave. They might try claim anything was damaged by you to keep your security deposit, but otherwise standard.

6A - because they added approx. 10 days vacation, it sounds like they are setting it up to give you less vacation time, AND you don't even get to choose when to use it. (sadly, standard for hagwons)
6B - 3 sick days is sadly standard for hagwons, but having to provide 3 hours notice when you start at 8:30am isn't always going to be feasible.
6C - basically the school can force you to come in while sick, and if you stay home will take it as a resignation, that sounds illegal at worst, dodgy at best.

7B - make sure it's the national health insurance plan.
7C - make sure they do sign you up for pension, it's illegal not to pay into it.

Not going to bother reading any of 9. Based on everything listed above, I would hard pass on this, you'd have to get clarification on a bunch of stuff, negotiate for a bunch of stuff, and a lot of the wording makes the hagwon seem really dodgy/shady to begin with. I personally think you'll be over worked, will likely not get a lot of free time, and you likely would end up hating it.


  • Renma
  • Expert Waygook

    • 515

    • September 01, 2014, 06:09:42 am
Re: Contract Review (I've been burned before, please help)
« Reply #3 on: December 16, 2021, 09:47:12 am »
This contract is terrible. On top of what Chinguetti said, you have a ton of additional duties alongside your 30 hours of teaching a week.  You will be working the entirety of your 8.5 hour days, as well as some weekends. Weekly meetings, weekly and monthly reports, test making and marking, everything listed in sections 3.E, 3.H and 3.I.

 4.E means they can deduct pay when they please (let's say one kid's parent catches Corona and a number of classes are canceled - oops coming out of your pay).

You aren't provided with a bed in your apartment, those aren't cheap unless you plan to sleep on a cheap mat all year (even futon's can run expensive).

You get approximately 10 days of vacation. What does that mean? It says they are scheduled for you so you could be taking 1 or 2 days sporadically. No mention of red days so I'd expect to be working on them.

As well as the dodgy IC 3.3% tax rate, I don't think I've seen a contract that asks if you want to opt out of the pension scheme. Correct me if I'm wrong but I thought it was mandatory. You will bear the costs of this later if caught (I suspect the employer is trying to dodge paying the 50% contribution.)

Then theres plenty of unnecessarily punitive clauses. If you miss 2 classes they consider it a resignation.You can't bring a hot drink, or your phone, or a laptop into class. You start at 8:30 but if you are sick that day you have to notify them before 5:30am. Can't physically make it into work? You resigned. Didn't get a doctors prescription? Your pay is deducted. I wouldn't want to teach barefoot all day either, as 9.A states.

It's clear the boss will be an asshole and make your life a misery. I'm surprised you're even considering it, given that you've already had a bad experience with hagwons.