we Rants, Thoughts and Adventures: The 411 - Here's the skinny

Things that I write in here are my thoughts, rants and experiences. If you take offense to anything read.. please let me know.. or just realize that I may not mean things the way they come across.. and if I do.. well it is a journal to vent my thoughts and expressions... so please take things lightly... though I will try to keep the bitching about others to a minimum... as there is enough bad karma in this world.. and I no longer want to add to that

Sunday, August 07, 2005

The 411 - Here's the skinny

So many people have asked what are the problems I am encountering with my school... and I have deliberately been vague on that issue... since I don't want to speak ill of the company or any of its employees (Karma can be a real bitch!)
But... after much consideration (careful consideration to be exact)... I thought that I would vaguely outline what is happening... so that if anyone ever finds themself in my situation.... well perhaps after reading this they won't.
The problem is basically this: the school is just refusing to honor certain things in the contract (such as vacation and working hours) and well... it is a pretty tense situation right now.
There is a foreign lawyer in Seoul that deals especially with this stuff... and I think that on Friday I am going to make a journey over to see him... if not for some advice on contract resolution and compromise... than perhaps... well I just need some legal advice right now.
For all those people coming to Korea to work as an English teacher... and especially those going through a recruiting firm... READ your contract fully before signing it! Don't expect that the recruiting firm will have crossed all the T's and dotted all the I's for you... because they too are a business... and well... money is the root of all evil, right?!
I went on the EFL Lawsite (a Legal Site for Teacher's Abroad)... and found that many of the things that I agreed to in my contract were not (for lack of a better word) "good" and that I should have never had agreed to certain things.
So this is taken directly from the EFL Site... advising foreign teachers what to make sure you have and don't have stated in your contract (Trust me... if I had seen this site before hand... a lot of my headache would be gone right now).

The following points are what you are looking for in your contract:

a) vacation time - at least 10 working days plus national holidays
b) sick leave - left to each individual contract - if no SL ask that at least 3 days be written in
c) working hours - this clause should be very specific and detailed
d) penalty clauses - ask that they be removed
e) Length of Contract: Note also that under the LSA, the term of an employment contract cannot be longer than one year, except in cases where there is no fixed term or where a fixed term is necessary to complete a certain project.
f) Termination: Note also that an Employee cannot be fired, laid off, or suspended without a "justifiable" cause. Breach of the criminal code, and neglecting one's duties (see further below) would all constitute "justifiable" causes. The Employer can, however, dismiss workers for administrative reasons such as when there is a transfer, merger, or acquisition of the business.
g) Dismissal Notice: The Employer should give at least 30 days notice of dismissal. Otherwise the Employer must pay the ordinary wages for at least thirty days.
h) Record keeping: The Employer should keep all related documents to Employees for at least three years.
h) Neglecting One's Duties. This clause has sometimes been used by Employers to remove foreign teachers from the contract. Some of the better EFL contracts give clear guidelines to Employee's as to what would constitute Neglecting One's duties; viz, a) conducting classes in an intoxicated state (b) sexual advances towards students (c) the employee's effectiveness in attracting and retaining students is paramount to the interest of the business. The instructor will be placed on 30 days probation if any serious complaints are received from the student/parent concerning that student's instructor. Further complaints during the probationary period will result in the instructor receiving 30 days notice of contract termination.

To avoid a real headache... especially when you are in a strange and foreign land... make sure that most (if not all) of these things are present in your contract... also make sure that the contract states what recourse you have if the company refuses to honor it's end of the contract... and make sure that it is clearly laid out for the both of you... Avoid ambiguity!
If you follow my warnings... trust me... you'll thank me if anything goes awry while overseas.

1 Comments:

Blogger The Larsen Wells' said...

hey, my husband is teaching in Bundang as well. We just got here about a month ago. Just thought i'd send out a what's up and ask if you ever went to that orphanage and what you thought..i'm thinking about volunteering there.
amandalarsenwells@yahoo.com
later
amanda larsen wells

10:23 AM

 

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