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  • loganme
  • Explorer

    • 6

    • November 24, 2014, 10:31:07 am
    • Portland, OR
Another Contract
« on: November 30, 2014, 04:27:04 am »
Hi All,

We received our second contract. One thing I'm realizing is that there is virtually no vetting by the Hagwons we're interviewing with. This school, in Anyang, put the director on the phone for about 2 minutes, before passing us off to a teacher to talk about the school. 15 minutes later, we had a contract in our email inbox. Is this the norm? Or is it just the norm with dodgy Hagwons?

The red flags I see already, based on our first contract experience and the feedback we got from you awesome folks last time are:
  • Awful English in the contract
  • Working hours being listed as over 9 hours and no definition of what a working hour constitutes. Though, the teacher we spoke to told us that his normal week puts him at under 30 hours consistently. He broke it down as 10-12 kind (30 minute blocks), Lunch 12:50-2:20, Elementary 2:30-end of day (40 minute blocks) and on Friday his elementary was usually just 12:00-2:30. But he's an employee of the school, put in touch with us BY the school, so who knows.
  • 4% income tax
  • Item 4J and 4L
[li]5E and 5F seem ludicrous. Doctors note?! Does this school use a punch card system to keep track of time?!
[/li][/list]

I realize that listing that many things probably answers my question as to whether or not we should accept this contract, but there are some clear improvements over our first contract, namely that they're paying pension and flights both ways. The other thing is, we haven't sent this back with any revisions for negotiation, so we can certainly ask them to clarify broad terms and if they refuse, simply pass on the contract.

Anyhow, what do y'all think? Is this another crap sandwich?

Thank you!

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AGREEMENT OF EMPLOYMENT

This AGREEMENT of EMPLOYMENT is an employment contract between             
(Passport Number:                 ) to be referred to as the Instructor and XXXXXX to be referred to as the Institute from this point forth. These tow parties agree to carry out the terms of employment as set forth herein.

CONDITIONS OF EMPLOYMENT
The Instructor’s job description shall consist primarily of the following:
A. ESL Instructor in any phase of the Institute’s programs that ranges from the  pre-school, kindergarten, to elementary school.
B. Implementation of provided curriculum or self made curriculum, preparing lesson plans, and reports
C. Development of educational programs and materials
D. Field activities with students and teachers
E. Evaluations of students
F. Students counseling and parents & Teacher conferences
G. Attendance at teachers meetings, workshops, and orientations
H. Preparation for the Institute’s yearly events
I. Other relative activities and work assigned by the Institute

# ARTICLE 1. EMPLOYMENT OF INSTRUCTOR

The institute agrees to employ the instructor as an English teacher/counselor for the Institute, and the Instructor agrees to work for the Institute as an English teacher/counselor.

# ARTICLE 2. PERIOD OF  EMPLOYMENT &WORKING HOURS
The period of this contract begins                           The instructor is expected to work 5 days a week (Monday through Friday) from 9:50am to 7:30pm.(All teachers must arrive at the institution before the class starts; at least 10 minutes before)  from   However, the working hours can be extended when the Institute holds school activities and events. The number of working days on weekends will not exceed 3 extra days, which might include school camps, orientations, and a few other events and won’t be paid. The regular teaching hours are 30 hours per week. All the teachers have to spend at least 2 hours per week to develop the curriculum.

# ARTICLE 3. PAYMENT CONDITIONS
    A) A monthly salary and payment slip of   2.1 million won will be paid once a month on the 10th of each month. In no event shall the instructor wait longer than 31 calendar days to receive his/her monthly.
    B) For the sincere accomplishment (completion) of this contract for a year, the Institute will pay for 100% severance payment, equal one month’s payment.
    C) Korean income tax (4%) and the amount of 4 mandatory insurances, which are Medical insurance, Pension, employment Insurance, and Industrial Accident compensation Insurance shall be deducted from monthly salaries in accordance to the Korean tax law. No other deduction of any type whatsoever shall be deducted from the Instructor’s salary without prior written consent from both parties.
    D) Overtime hours shall be compensated at the rate of 20,000 Korean won per hour.

# ARTICLE 4. POLICIES

The following policies have been established to assist Instructors in the expected performance of their duties. The Institute has the right to dismiss the Instructor for clear and frequent neglect of duties under this agreement.

School policy Agreement:
A. The Instructor will set a good positive example of him/herself and his/her Institute at all times. Furthermore, the Instructor will follow the directions of his/her director or supervisor.
B. The Instructor is required to attend all staff meetings as requested by the director. If the Instructor has to be absent, he/she must inform the director or asst. director prior to the meeting.
C. The Instructor will follow set class schedule and will not dismiss class, cancel class, or start class late without the approval of the director.
D. The Instructor shall prepare teaching materials for before each class and will be honest and diligent in teaching students in all classes. The institute agrees to furnish all basic curricula, textbooks and other teaching materials.
E. The Instructor will prepare and administer a mid-term and final examination for each class he/she teaches. The result from each class will be evaluated by the Instructor and reported in writing to the director..
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 institution. The institute shall establish guidelines for professional dress and post them in a clearly visible location.
H. The instructor agrees NOT to partake in the following activities since they may damage the reputation of the Institution:
a. Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.
b. Making sexual advances towards, or enters into relationships with students or employees of institute.
c. Conducting any PRIVATE classes or accepting and funds outsides of the institute unless it is arranged and discussed with the director of the institute.
d. Borrowing or lending of funds to students or conducting and sales of items to students.
I. Any damages that are the direct result of negligence on the behalf of the Instructor, either at the Institute or residence, will be paid for by the instructor. Furthermore the Instructor will be held liable under Korean law.
J. Violations of article 4 resulting in damage to the image of the Institute, after three written warnings, the Institute has the right to terminate this contract, but must provide at least a two week notice .
K. And, if the Institute violates the contract, the instructor also has the right to terminate the agreement, but a two week notice must be provided as well.
L. Item 4.J shall be the only reasons for forfeiture of severance payment.
M. Weekly meetings shall be held once a week during normal business hours at a predetermined time agreed upon by the Director and/or Assistant director.

# ARTICLE 5. MISCELLANEOUSNESS
A .Housing
The Institute provides one single bedroom with basic home appliance and utilities. Which are the bed, refrigerator, washing machine. The institute pays the rent, and the other fee such as the maintenance bill, electricity, gas and phone bill shall be covered by the Instructor. The Instructor has the responsibility of keeping appliances in good condition.
B. 4 INSURANCES
The 4 major insurances which are Medical Insurance, Pension, Employment, Insurance, and industrial Accident Compensation Insurance are mandatory according to Korean Employment Law. Therefore, the Institute shall pay one-half (1/2) of the certain amount of these 4 insurances. Half of the amount shall be deducted from the Instructor’s salary each month.
C. AIRFARE
The Institute shall pay/or provide reimbursement within 2 weeks, for an economy one way ticket to Korea from the nearest international Airport to the Instructor’s home The amount of the return ticket back to the same airport will be paid to the Instructor upon the completion of the Instructor’s one-year contract. The amount will be based on the standard price of any airlines commercially available on the expiration day of this contract. In case the Instructor fails to complete the contract by his/her own fault/reason, the Instructor shall pay back to the Institute the total amount of the airfare.
D. Holidays
Korean national holidays and designated 2 week paid vacation (guaranteed 1 week per summer vacation & 1 week per winter vacation) are observed a year.
E. SICK LEAVE
The instructor will have 2 days paid sick leave. If the instructor should be sick and is not able to work, he/she needs to notify the institute’s director/assistant director prior to the beginning of the work day. The instructor also has to present the doctor’s letter in the case of absence caused by illness.
F. POLICY OF LATENESS & ABSENCE
If the Instructor is late for work, he/she needs to compensate the working hours. The instructor should need punch-out card to make sure this case. If the instructor is absent, one-day payment shall be deducted from the monthly salary based on the working days of the relevant month.

G. CLEANING
The instructor is required to clean his/her designated classroom everyday. This includes putting in order of the shelves, closets, and taking all necessary actions to maintain a clean teaching environment.
H. ESCORTING CHILDREN
I. LESSON PLAN
J. MORING HOME ROOM

# ARTICLE 6. GOVERNING LAW AND JURISDICTION

Both parties have read the above conditions and agree to the terms in good faith and will attempt to resolve any dispute in a reasonable manner. Any dispute arising in connection with this agreement shall be resolved in a Korean court of law according to Korean Regulations and codes.

The instructor agrees that any release from an employment contract for the purpose of teaching elsewhere in Korea cannot be approved without written permission by the Institute and then must be approved by the Korean Immigration Authorities, and that only rarely are such requests permitted. This is an important issue, and the Instructor must realize that civil Action under Korean law may be followed. If at anytime the Instructor leaves the Institute without giving prior notice and without going through any appropriate procedure, the Institute has the right to pursue legal actions for damages and attorney fees against the Instructor.


Re: Another Contract
« Reply #1 on: November 30, 2014, 08:13:01 am »
I would check around. Get at least 3 offers and request to speak to the previous teacher.