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Contract Review!! Please help!
« on: January 19, 2022, 12:13:09 am »
Hi all,

I'm new to this, and it's the first contract that I received after being interviewed today with a school. The interview went well, but now looking at the contract that I've been offered I'm really not sure about it... I've had a look around regarding the hagwon and found some negative posts regarding it as well. Could anyone provide some feedback/advice on this contract?

Not sure if there are any red flags or if it's just a typical hagwon contract.....



Article 1: Training Period
   In order to render teaching services for the Company, the Instructor must successfully complete the Company’s training programs.
①   The employment relationship between the Company and the Instructor shall become effective upon successful completion of the Company’s training programs and the training period shall not be included in the term of the employment agreement.
②   Matters related to the training period in this Article shall only apply to instructors who enter into an agreement with the Company for the first time.

Article 2: Term
①   This Agreement shall be effective from ----      to  -----  .
②   This Agreement may be extended upon mutual agreement of the parties.

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 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 notice and with no compensation whatsoever.  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 wage.

Article 4: Duties and Work Location
①   Duties shall include teaching and all other duties relevant to teaching.
②   The instructor should respect the rules and standards of conduct of ---- (written, verbal and tacit) and obey the laws, regulations, instructions, and ordinances of the national and local governments.
③   The instructor is required to be punctual, reliable and most of all professional in representing ----.
④   Staff meetings and school events will be scheduled at the discretion of the institute director. Attendance is required. Staff meetings will allow time for discussion of topics of current concern within the program such as new policies, procedures, methods of training, instruction, curriculum and other matters as needed. Staffs are encouraged to help work out practical solutions to problems at these meetings.
⑤   The Instructor shall work at the ---- campus. 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.
⑥   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 students reports, etc.
c. Meeting requested deadlines.
d. Other relevant duties that company may request.

Article 5: Working Hours and Rest Period
①   During the term of this Agreement, the Instructor is required to prepare, teach, and perform any required consulting and administrative duties assigned by the Company.
②   Hours of operation are from 09:30am to 7:30pm. The instructor will be scheduled to teach during this time period by the School Director.
③   The Instructor’s class schedule shall be agreed upon in advance.  However, if there is a disagreement between the Company and the Instructor regarding the class schedule, the Instructor shall follow the schedule determined by the Company.
④   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. Such rest period shall be unpaid.

Article 6: Compensation
①   The Instructor shall be paid 2.2 million won monthly salary per month, which includes payment for the weekly day off. Payment for working hours from Monday- Friday, 09:30 to 6:00 or 10:30 to 19:30 is 2,200,000 Won. The total monthly salary shall consist of the teaching salary TWO MILLION WON (2,000,000won) and the administrative salary KRW TWO HUNDRED THOUSAND WON (200,000won) (including but not limited to: class preparation, grading, meetings, workshops, reports, etc.) for a total of TWO MILLION TWO HUNDRED THOUSAND WON.
②   The above amounts shall be paid only when the Instructor works the full prescribed working hours, for hours not worked due to absence, tardiness, early departure, or other reasons, payment shall be made pro-rata.
③   Teaching hours after 6:00 or 7:30 pm (Monday – Friday) are considered overtime.  Some teachers will be asked to work later, but will be allowed to leave early to compensate for these hours, and will not be paid overtime. Overtime will be paid at the rate of 17,000 won per hour. Only teaching hours approved by the Academic Supervisor/Director are considered as overtime. Overtime will not include workshops, teachers training sessions, or any other events scheduled by the Institute.
④   Instructors may be required to teach overtime or to substitute for other teachers who are sick or absent.
⑤   The Instructor shall keep his/her salary confidential and agrees to be subject to any disciplinary action if he/she discloses such information to another instructor.

Article 7: Airfare Reimbursement
①   The Company shall reimburse the Instructor the airplane ticket (economy class) that the Instructor purchased to travel to Korea, provided that the primary purpose behind the purchase of such ticket was to commence a contract with the Company and a proper receipt for the ticket is furnished. The maximum amount of the airfare for a one-way ticket shall not exceed One Million (1,000,000) Korean won. Applicable Korean taxes will be deducted accordingly for the reimbursement.
   
②   If the Instructor quits or is terminated before first pay, the reimbursement shall not be paid. The reimbursement is provided under the assumption that the instructor will fulfill the one-year contract. If the instructor does not complete the contract for whatever reason, the reimbursement shall be withheld from the final pay.

The Instructor consents to the above:  ___________________ ________ (signature)

Article 8: 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 12 below, the Instructor must vacate the premises within two (2) days of notice of termination. 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 9: 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 10th 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 withholding taxes in accordance with relevant laws.

Article 10: Severance Payment
If the Instructor leaves the Company after at least 1 year of employment, the Instructor shall be entitled to severance payment in accordance with the Employee Retirement Benefits Security Act.

Article 11: Holidays and Leaves
Annual paid leave shall be granted. However, a certain number of days may be assigned as annual paid leave at a given time due to the nature of the business. School vacation days may be replaced by annual leave upon written agreement with the employment representative. One week of paid holidays will be during the summer and the other week during the winter set by the school.

Article 12: Termination
①   The Company may terminate the employment of the Instructor during the term of this Agreement as specified in Article 2 if cause for resignation or dismissal arise.
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.

Article 13: Health Insurance/Pension
The Institute shall enroll the instructor into the national health insurance and pension plan. Each month the appropriate amount will be deducted from instructor’s salary to pay his/her portion into the national health insurance and pension plan.


POLICIES

The following policies have been established to assist instructors in the expected performance of their duties. The institute will have the right to dismiss the instructor for clear and frequent neglect of duties under this agreement.

A. The instructor will set a good positive example of himself/herself and his/her Institute at all time. Furthermore, the instructor will follow the directions of his/her director.
B. The instructor is required to attend all the staff meeting as requested by the director. The Instructor is also required to attend various meetings, workshops, and other events scheduled by School.
C. The instructor will follow set class schedule and will not start classes late without the approval of the institute director.
D. The instructor is responsible for preparing lesson plan and teaching materials for each class beforehand and will be honest and diligent in teaching students in all classes. The institute agrees to furnish all curricula, textbooks and other teaching materials. In addition, the Instructor is to participate in the activities directly related to teaching such as field trips as scheduled by the School.
E. The instructor will prepare and administer examinations for each class he/she teaches. The results from each class will be evaluated by the instructor and reported in writing to the director. The Instructor is responsible for grading and evaluation of students at the end of each month. 
F. The instructor is required to interview new students and evaluate their placement level.
G. The instructor is required to dress in a professional manner. Professional dress and grooming in the work place are essential to maintain the desired reputation of the institute. The institute shall establish guidelines for professionals’ dress.
H. The instructor agrees not to partake in the following activities. Since they may damage the reputation of the institute.
1. Conducting class while under the influence of alcohol. While smoking, or under the influence of illegal drugs
2. Make sexual advances toward, or enter into relationships with students or employees at the institute.
3. Conducting any private classes or accepting any funds outside of the institute.
4. Borrowing or lending of funds to students or conducting any sales or items to students.
I. Any damages that are the direct result of negligence on behalf of the instructor, either at the institute or residence, will be paid by the instructor. Furthermore, the instructor will be held liable under Korea law.
J. If the instructor seeks release from the contract for cultural difference, homesickness or personal problems, he/she will report to the institute and agrees to work until the replacement instructor is positioned.  The written notice must be given to the other party at least 65 days in advance.
K. If the instructor fails to conduct himself/herself in a professional manner. Resulting in damage of the image of the institute, the institute has the right to terminate the contract, but must provide at least a two-week notice to the instructor.
L. The instructor may need to devote extra hours to follow policies and teacher’s manual but extra hours will not be included in instructor’s salary because following policies and teacher’s manual are considered as inevitable instructor’s duty.

Article 14: Rules and Policies
The Instructor shall comply with the rules and regulations of the Company, including the rules of employment.

Article 15: Governing Laws
Matters not provided for in this Agreement shall be governed by the Labor Standards Act and other labor-related laws.


Thank you in advance!!
« Last Edit: January 19, 2022, 06:27:23 am by janelleeelc »


Re: Contract Review!! Please help!
« Reply #1 on: January 21, 2022, 02:42:52 pm »
Do you have any self-respect? If yes, run, run away Simba, and never return (to this contract).

This is NOT a good contract.

I can only hope that I'm not too late. If by the awful chance that I am too late and you have signed this contract, then I sincerely apologize. Thoughts and prayers, and may God have mercy on your soul.

I'm reminded of my first hagwon contract. Late at night I still hear their voices. The director, the head-teacher, and their minions. My God, their minions. Why do I have to do a weekly schedule? I already did a monthly schedule for every class, kindy and elementary. Just look at that.

Just do it!

*On my way out the door* MEETING! WE HAVE A MEETING.
but
but
why? it's been a 10 hour day and there was no warning.
Why anything? Nothing makes sense. There was no warning. I have plans. Why? I I II IIIII I I i I i I the meetings are pointless . just stay late and talk talk about nothing no no no non nononononononon
I
Can't
take it any
more
i
t
is
mes
sing
with
m
y
fu
ck
ing yea
d
so illogical
everyone is so illogical and wastes time Work hard, not smart
10 hour days are best!
8 smoke breaks a day
we work hard because we stay late
no productivity
just late for the sake of it oh my goshhhhh

Anyway, don't sign that contract. Keep looking for better opportunities. :)
Join the WhenInRome Fan Club!
Shout out to Mr. DeMartino... the first member. Thank you my son! ;)


Re: Contract Review!! Please help!
« Reply #2 on: January 21, 2022, 03:05:43 pm »
Yeah, yikes. I really hope you haven't signed this contract, OP. Red flags all over the place. It's severely underpaid, especially given all of the tasks that the expect of you, and they've made it clear that you're responsible for paying for your own supplies (they call it the "administrative" part of your salary, but naw, if it's meant for paying for your own work supplies, then it's not really a part of your salary, meaning you're only getting paid 2 mil but they're going to tax you for 2.2 lol).

They also want you to undertake unpaid training. No.

This place cuts corners and tries to put the costs on its employees. It'll be a nightmare to work for. Pass.

EDIT: Why do I keep seeing these terrible contracts on here? Has there ever been a decent contract posted for review on this site, lol?
« Last Edit: January 21, 2022, 03:13:07 pm by Chinguetti »


Re: Contract Review!! Please help!
« Reply #3 on: January 21, 2022, 04:51:57 pm »
Thanks, and yeah, I'm still reeling over how this place is literally trying to force its workers to buy ITS supplies using its EMPLOYEES' money. The ****? The way they tried to word it to make it seem like a legit expectation so that they can save on business costs at their workers' expense, and I just can't even.

I'd bet it can also be linked to tax fraud somehow. Either way, the place is dodgy as hell.


Re: Contract Review!! Please help!
« Reply #4 on: January 24, 2022, 06:54:07 am »
Thank you for all the responses!!  :-*

I decided not to sign with them (thank god!!), as I received another contract offer from a different hagwon which seemed much better. It makes me wonder if there are actually any good contracts out there...

I really appreciate all the responses though!



Re: Contract Review!! Please help!
« Reply #5 on: January 24, 2022, 08:03:27 am »
She didn't take it which is good.  No one should accept a contract that bad, and I don't think I have ever seen a school say they are going to tax the reimbursement for airfare before.  Never go for the reimbursement unless the rest of the contract is stellar.  If they want you they can easily buy a ticket online for you.  Last time I came over when I was going to work for a hakwan they wanted me to buy the ticket.  I made them buy it and the school went under after three months.  I would never have seen that airfare money as the first paycheque alone was twenty days late. 


Re: Contract Review!! Please help!
« Reply #6 on: January 27, 2022, 04:36:59 am »
Glad you found a better contract. Once in Korea, you may find better offers to explore when you are up for renewal. It seems many employers value people already in Korea. Public schools, if you qualify, are great to work for.


Re: Contract Review!! Please help!
« Reply #7 on: January 27, 2022, 08:46:48 am »
Glad you found a better contract. Once in Korea, you may find better offers to explore when you are up for renewal. It seems many employers value people already in Korea. Public schools, if you qualify, are great to work for.

I agree with this!
Once in Korea, it is a lot easier to explore your options for employment.
As someone working in the public school system, I would say that it is pretty comfortable, and this could be a nice option.
However, with public schools, a big factor in determining whether your particular school is great to work for or not largely comes down to your relationship with your co-workers/ co-teachers, and Vice-principal and Principal. They're the ones that evaluate you. Also, you don't get to choose where you want to go when applying to public schools through EPIK. You can put down your preferred place (province or city) that you want to be in, but there is no guarantee that you'll get it.  There are some Offices of Education that do direct hiring, I think Chungnam CNOE does?? (but not all).
There is a high possibility of getting placed in a rural / or less desirable area and not being able to transfer out the next year. In my city transfers for NETs are only considered if you've been at the same school for 3 years, and if you've been there for 4 that's the only time you must transfer to a new school.
I think Gyeonggi-Do (the province surrounding Seoul), has a strict "not transfer policy" where you just have to go through the whole application process again if you want to transfer to a new province or city. The contracts are getting stricter each year, too. I've only been here for three years, and I've already seen a little bit of the negative side of things. There is also desk-warming, where you come into school during summer or winter vacation, which you are required to do if you are not using one of your 26 vacation days. (In reality, it's more like 20 days because 6 days should be set aside for special school-related holidays that your particular school might have off, but they don't count as Korean public holidays). While this might not seem so bad, after all, you're coming in to work to sit at your desk, study Korean, watch youtube ect... and get paid. However, the problem comes in when your school decides to not turn on the AC in the summer or the heat in the winter ..... :(


If you're going to switch from a Hagwon, later on, I would recommend doing an alternative to public schools and working for a Korean Private Elementary, Private middle school, or Private high school.
These are not Hakwons (private after school academies/ educational businesses), but schools that run similarly to the Korean public schools, they follow the majority of the same curriculum as public schools and get some government funding. The difference is that these schools usually have their own extra enriched math, Eglish, science curriculums in place, and the parents of students pay a high tuition fee for their kids to attend. The best part of working as a NET at one of these schools is that your contract will be made directly with the school instead of the Office of Education. So, if you end up with a good principal/ vice-principal, outside of summer and winter camps, you'll have full winter and summer vacations like the Korean teachers working there (might not need to desk warm at all). Also, if you end up getting an F series visa in the future like F-5 (long term resident I think), F-6 (marriage migrant) , or F-4 ( if you are an overseas Korean), you might be able to get permission from your school to work on the side (evening or weekends at other places). With public schools, teachers are legally not allowed to take on any extra jobs, it's against the public school contract because they are employed by the government, even if they have a visa that would allow extra work.