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  • cteagle
  • Newgookin

    • 4

    • August 23, 2015, 12:38:38 pm
    • South Korea
Contract Concerns
« on: July 06, 2016, 05:41:00 pm »
So I just had my first hagwon interview today and they want me to have a decision ready by tomorrow   :shocked: Soooooo they sent a sample contract, and I have heard LOTS of horror stories about working in a hagwon so ANY and ALL help would be so greatly appreciated! I really don't know what are red warning flags or not.

An has anyone ever heard anything about this school? Rise Education

THANK YOU!!!!!!!!!!!!!!!!!!!

Employment Contract 
This contract is made by and between RISE Education Korea (Gangnam location), herein after referred to as the ďInstituteĒ) and _Sample  a citizen of the _Country (hereinafter referred to as the ďTeacherĒ), bearing passport number ___________________ ___.  Note that for the purposes of this contract, references to ďKoreaĒ refer to the Republic of Korea. 

1. Employment, Visa, Documents

a. The Institute hereby agrees to employ the Teacher as described herein below. The Institute hereby agrees to provide the necessary documents to the Teacher to obtain an appropriate employment visa in Korea and the Teacher hereby declares that s/he possesses the documents required to obtain said visa and agrees to make these documents available to the Institute upon request at any time during the contract period. The Institute will not hold any of these documents for more than the time required to satisfy applicable Korean laws. 

b. The Institute is responsible for the costs associated with applying for the visa in Korea as noted for the Teacher.   

2. Contract Term 

The term of this contract starts on mm/dd/yy and will terminate on mm/dd/yy. The contract may be renewed or extended with the agreement of both parties. The Teacher will indicate his/her interest in renewing or extending the contract, in writing, at least two calendar months before its termination.  The Institute will indicate acceptance or rejection of the Teacherís interest in renewal or extension within five business days. Both parties may then extend or renegotiate this contract as they see fit. 

3. The Teacherís Teaching and Related Duties

  a. The Teacher will behave professionally and will strive to uphold the good reputation of the Institute while conducting classes, interacting with students and parents, and while interacting with the community in general. 

b. The Teacher will be required to work five days per week, Monday to Friday. Irregular training, special events, and orientation sessions may require teachersí attendance on weekends.   

c.          During orientation training period teacher will be paid 30,000 Korean won per day 

d. The Teacher will teach up to 124 hours per month between the hours of 9:30am and 6:50pm. The daily schedule will be set by the school director. The teacherís working hour is from 9:20 am to 6:50 pm from Monday Ė Friday and some Saturday for special events.   

e. The Teacher is required to adequately prepare for all classes and devote the time required to complete the preparatory and administrative tasks that are normally associated with teaching the children. These include:  i. Conducting classes as scheduled ii. Preparing materials for classes. iii. Planning and team meetings as required by the RISE approach. iv. Student assessment and reporting. v. Communicating with cooperating Korean teachers and/or administration as necessary for the maximum possible benefit of students. vi. Attendance at meetings, workshops, and special events as reasonably required by the institute.

f. The Teacher is expected to dress appropriately when present at the Institute or when engaged in any Institute-related activities. In addition, Teachers should be cleanshaven, or keep their beards neatly trimmed, and keep their hair neatly styled. Visible tattoos and piercings (other than single ear piercings) may not be acceptable. The Institute reserves the right to inform Teachers of unacceptable attire/appearance. The Teacher hereby agrees to follow the Instituteís directives in this regard.
The Teacherís Initials:  _____

4. Salary 

The Institute will pay the Teacher a monthly salary of ______2,300,000_____ Korean won.  If the Teacherís scheduled teaching hours fall below that outlined in Section 3d, the Institute may ask the Teacher to make up the difference through administrative or curriculum development work, which may or may not be related to the classes the Teacher is teaching.  The monthly salary will be calculated from the 1st of the month to the last day of the month.  Monthly salary will be paid on the 5th of the following month. 

5. Overtime

 The Teacher may be required to teach up to three hours of overtime per week.  Overtime will be paid at 18,000 won per hour and paid at the time of the monthly salary.  Duties outlined in Section 3d will not count towards the calculation of overtime. While holidays are paid in full, time not actually spent teaching (including holidays) will not count towards the calculation of overtime. 

6. Severance Pay

a. Upon completion of the full contract term, the Institute will pay the Teacher one full monthís salary as severance pay, as per the Korean Labor Standard Law.   

b. If the Teacher leaves the Institute before the end of the contract term, no severance will be paid. 
c.     The Institute reserves the right to withhold up to 500.000won from the Teacherís severance pay or final pay to cover utility bills that have not been received, or remain unpaid, at the end of the contract period. In this event, the balance remaining after all bills have been paid will be transferred to a bank account designated by the Teacher within 45 days of the end of the contract period. Receipts for bills paid by the Institute can be provided upon request. 

7. Air Transportation 

a. The Institute will lend a one-way economy ticket upon arrival only for the teacher who will be fulfilling a 12-month of employment period. 

b. If the teacher leaves the school before a 12-month, the teacher must pay back the initial airfare.   

8. Housing 

a. The Institute will provide the Teacher with single accommodation. The Institute is responsible for paying the rent. The Teacher is responsible for paying his/her share of all utility bills, including electricity, water, gas, cable, internet and telephone. If the building charges a security or maintenance fee, this is also the Teacherís responsibility.   

b.  The Institute reserves the right to deduct unpaid utility bills or the costs of avoidable               damage to the apartment, from the Teacherís salary. Receipts can be provided upon              request for any such withholding of salary. 

9. Holidays and Vacation

 a. In addition to the usual national holidays, the Teacher will be given 10 days of vacation, to be determined by the Institute director. 

b. No deduction from salary will be made for national holidays or other holidays; however, hours not worked on these days does not count in the computation of overtime pay. 

10. Sick Days, Emergency Leave, Other Absences

a. The Teacher will be granted up to 3 paid sick days during the contract term. The Teacher must provide proof of a visit to a doctor in order to be paid for any sick day. Absences due to illness in excess of three days per year may result in deduction of pay, including those requested by the Teacher and approved by the Institute. The Institute is under no obligation to make any cash settlement for unused sick days.   
The Teacherís Initials:  _____

11. Insurance / Medical Conditions 

a. The Institute will enrol the Teacher in the Korean National Occupational Health and Safety, Pension, and Health Insurance Plan. The cost of premiums will be shared by the Teacher and the Institute at the rates stipulated by the Government of Korea. This premium will be deducted from the Teacherís salary. Pre-existing medical conditions and dental are not covered. 

b. The Teacher understands that extended periods of illness and/or serious injury that results in an extended inability to perform the duties of employment may seriously harm the Instituteís business and may result in termination of the Teacherís employment. In such cases, all outstanding salary will be paid to last day worked. The Institute further agrees to provide reasonable assistance in dealing with local hospitals, doctors, and the Teacherís family in such cases. 

12. Termination of this Contract

a. Both parties agree to provide a minimum of 60 daysí written notice of their intention to terminate this contract.   

b. In the event that an unusual number of students or parents complain about the Teacherís classes, or if there is a noticeable decline in enrollment that can be reasonably attributed to the Teacherís teaching methods, the teacher will be formally notified of such. S/he will be afforded a 30-day period in which to remedy the situation. During this period, the Institute may require the Teacher to observe other Teachersí classes and/or alter his/her teaching methods. If, at the end of this 30-day period, the situation has not improved, the Institute may terminate the Teacherís employment. The Institute will be the sole judge of such improvement or lack thereof.   

c. The Institute reserves the right to terminate the Teacherís employment immediately, for the Teacherís behavior as follows: 
i. Repeated absences of two consecutive days without the doctorís note, tardiness, or insufficient preparation without valid excuses. ii. Unauthorized paid teaching or other employment for any entity or individual(s) other than the Institute. iii. Use of alcohol, or any other intoxicant.  iv.        Anything that has negative impact upon the execution of the Teacherís duties, or which has a substantially negative impact upon the reputation of the Institute. v. Violation of any laws of Korea. VI.     Any behavior that threatens the physical safety or security of students or Institute staff. VII        Receive two warning letters from the institute. Any violation of section 12 c. and cause negative impact upon working environment such as, not following instructions set forth by the director or the supervisor may result in getting warning letters.   

d. If the teacher receives two warning letters from the institute, the institute has right to terminate the contract without any notice. The Teacher will have to return the plane ticket provided upon arrival and no severance will be paid.   
13. Venue for Disputes

The applicable laws of Korea will govern this agreement. While both parties enter into this agreement with honesty and integrity, disputes may sometimes occur. In such cases, both parties will be bound by all the terms and conditions of this contract and will try to resolve their differences in a manner that is fair to both parties and results in the least inconvenience to both. In the event that no solution can be found and either party decides to terminate this contract, each must do so in accordance with Section 12. Upon such termination of employment or dissolution of this contract, both the Teacher and the Institute agree to behave in a respectful, civil manner and refrain from activities that may damage the reputation of either party. 
The Teacherís Initials:  _____

14. Good Faith  The Institute and the Teacher enter into this agreement with good faith. Each will consider the welfare of the other in execution of his/her respective duties. The Institute will not dismiss the Teacher without what reasonably is considered good cause, and the Teacher will do his/her best to fulfill all the responsibilities and meet all the conditions as described in this agreement. 

15. Changes to this Contract  The Institute and the Teacher have read and understood the entirety of this Employment Contract. No other verbal agreement, statement or promise made on or before the effective date of this contract will be binding on either party. Any changes made must be in writing and signed by both parties to be included in this contract. Any changes made to this contract, whether verbal or other, without the knowledge and written consent of both parties are to be considered invalid, and as such will not be considered part of this contract.  For the avoidance of doubt, this agreement shall prevail over any other agreement the Teacher has made with the Institute or any third party at the location where the Teacher will provide the services mentioned herein. 

16. Transfer of this Contract Under no circumstances will the Institute exchange, give, sell, or transfer this contract, or the services of the Teacher, to another party or Institute without the written consent of the Teacher. In the case of a change in ownership, the Institute may transfer; sell this contract with prior written notification to the Teacher. 

 17. Precedence of the Laws of Korea  Should any portion of this contract be found to be incompatible with The Korean Labor Standards Law, or any other Korean law, such portion will become invalid and the stipulations of the appropriate law will prevail. This will in no way invalidate other, unrelated, stipulations of the contract. 
 We hereby confirm that we have read and understood the terms and conditions of this contract and agree to be bound by them.   

 ___________________ ______   ___________________ ____  Signature (Rise Korea)       Signature (The Teacher)             Hyun Ho, Han______________   ___________________ ____  CEO           Full Name             ___________________ ______   ___________________ ____  Date      Date         

  • cteagle
  • Newgookin

    • 4

    • August 23, 2015, 12:38:38 pm
    • South Korea
Re: Contract Concerns
« Reply #1 on: July 06, 2016, 08:26:16 pm »
Thank you so much! Your comments were seriously so helpful! I didn't even think about asking about taxes!

Yeah, they sent me the contact information for someone, but they haven't replied back yet. The more I read over your comments though and the actual contract, I'm not sure I'll do this one. My friend told me for the amount of hours I'd be doing, it just didn't seem like a good contract, but I have no idea whats good and bad.

Ive just heard you really have to search to find a good hagwon, but there are so many that screw you over.