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THE CONTRACT REVIEW THREAD: Post yours here for a review
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RMNC



Joined: 21 Jul 2010

PostPosted: Sat Dec 25, 2010 8:19 am    Post subject: THE CONTRACT REVIEW THREAD: Post yours here for a review Reply with quote

THE CONTRACT REVIEW THREAD: Post yours here for a review

Original thread: http://forums.eslcafe.com/korea/viewtopic.php?t=59265

Overview

Congratulations, you've been offered a job in Korea! If your employer has sent you the contract they want you to sign, post it here and we can review it for you.

Most public school (EPIK, GEPIK) contracts are universal, so the basics are almost always covered (18 days of vacation, pension, insurance) and you don't have to worry as much. This thread will focus mainly on reviewing hagwon contracts, but it is still encouraged that you post your public school contract as well, just to make sure you're getting everything you need.

Rules

  • Remove all instances of your name, the school's name, recruiter names, and any other personal information before posting your contract. This is to ensure that a school doesn't see their contract being posted on this forum and revoke their offer as a result. Yes, it has happened before. The contract you post should be totally anonymous on all accounts.
  • If there are any sections of a contract written in Korean, please remove them before you post it. This makes reviewing the contract faster and easier.
  • Update us! If you resubmit a contract to a school or recruiter with changes in it, let us know if they accept any or all of them.


The Standard Contract: This is a list of everything your contract should have in it.

  • Try to get your exact scheduled work hours listed in the contract.
  • Try to get the exact date of payment to be a specific day every month, i.e. “The employee will be paid on the 10th of every month, or if pay day falls on a weekend or holiday, the closest preceding work day”.
  • If you start in the middle of the month, then make sure your contract states you will have the properly prorated salary for the first month.
  • It is highly discouraged that you accept work on Saturdays more than several times a year for special events. 6 day work weeks will wear you down.
  • It is highly discouraged that you pay housing deposits in the beginning of your contract. The reasons for these deposits are numerous, but essentially, it is insurance for the hagwon against you leaving early. Do not expect to see this money again if you accept a contract with deposits.
  • Housing should be single and private. Do not accept shared housing. Sharing an apartment with another person for a year can turn into a nightmare.
  • Housing should be paid for in full by the school. Utilities, maintenance and internet are paid by the employee.
  • Your housing should list what amenities you are to receive. The most important is that you have a bed and an air conditioner. An air conditioner is a necessity in Korea, where summers get incredibly hot and muggy. Air conditioners cost around 200,000 won, or about 190 dollars in Korea. Most employers worth their names will include one.
  • Overtime should be a minimum of 20,000 won per hour.
  • Forced overtime is illegal. A contract that states you may have to work more hours than the stated amount is illegal.
  • Working at more than one location is legal as an E-2 visa holder, as long as it is listed on your ARC and is a location sponsored by the same employer.
  • 3 paid sick days is standard. A doctor's note is generally required.
  • 10 vacation days is the standard, usually broken into two blocks of 5 days. Be sure that you can take your vacation days when you want, don't let the hagwon schedule them for you. This can lead to overlapping with national holidays, which the school might still count as your personal vacation.
  • All national holidays need to be days off, and paid as regular.
  • Severance must be given upon the completion of a contract, equal to one month's salary. Failure to complete your contract will result in not receiving severance.
  • You must be enrolled in the NHIC health insurance plan. This is a government program. All E-2 visa holders must be registered for it, regardless of what anyone says. The cost/premium should be 2.67% of your salary, half of which is paid by the school. Do not under any circumstances accept private health insurance.
  • Similarly, you are also legally required to be enrolled in the national pension, and you will get it back unless you are from South Africa or The UK. The pension should be 4.5% of your salary, with your employer matching it with another 4.5%. Failure to include this in your contract is not only illegal but also cheating you out of $400-500 dollars a year.
  • Use this calculator to determine your tax. For example, if you salary is 2,100,000 won, you should pay 21,580 won per month in taxes, and 2,158 won for your residence fee. Get receipts from your school every month. Note: 3.3% income tax is for contractors, not employees. Do not accept 3.3%, or any tax higher than 1.1-1.6%. Again, use the calculator above to determine what your tax percentage should be. Almost all contracts have this wrong these days.
  • 30 days is the standard amount of time you need to be notified if you are being laid off and you must receive either 1 month's pay if immediately laid off, or a 30 day working period, where you receive a full month's salary at the end. This is the law.
  • 30 days is also the standard amount of time that you should give before resigning or leaving before the contract is over.
  • Airfare should be provided and paid in full at the beginning and end of your contract, paid for or fully reimbursed by the school.
  • After 6 months, you should not be required to pay back your airfare to Korea. Some contracts say 1 year, but 6 months is the standard.


Tips and Warnings

  • Contractors vs. Employees: Sometimes, shadier hagwons will register you as a contractor instead of an employee in order to cheat you out of the pension, insurance, to save money on taxes and possibly to pocket some of the difference. This is only legal if you let it happen. If your contract says that you are the “employee”, then they must register you as such. You biggest clues as to whether they will do this either a lack of a pension and/or a 3.3% tax rate. The 3.3% tax rate is for contractors, and many westerners get excited when they see such a low rate, even though the real rate is even lower, and sign it without question. Contractors must pay for their own pension and health insurance in their entirety, not split costs with the school. Again, if you are an “employee” then you must receive these. Ask for receipts as much as possible, you are legally required to get them if you ask for them. Do not let yourself be swindled.

  • Punitive clauses: Contracts with too many punitive clauses are disciplinary measures are a red flag. It usually means that the hagwon has had too many midnight runners, which begs the question as to what the conditions are like at the hagwon itself. If there are too many punitive clauses you will want to speak with current and former teachers at length about the school’s discipline and working conditions.

  • Attire: Some schools, mainly chain hagwons, require certain work attire. Ties can be a hassle but are sometimes standard, as are blazers or sport coats. Consider these factors when choosing a school, and remember that in the muggy, hot Korean summers what that could mean for your comfort level at work and around town.

  • Split shifts: some hagwons will want you to work a split shift, mainly adult hagwons and chain hagwons. These shifts are typically from 6:30-8:30, then a break, then resume from 5-9, with some small degree of variation. Consider that if you wake up an hour before you go to work to get ready, you have to be awake at 5:30. If your school requires you to be there early, for example, 30 minutes before class begins, then you will have to wake up at 5:00 AM. If you get home from classes at, for example, 10PM, then went to sleep, you would still only get a maximum of 7 hours of sleep every night, usually less. Imagine doing this for an entire year. You never really have more than a few hours (save for the weekends) to get the time away from work that you need. Many teachers become slightly zombified from these kinds of shifts. Beware.

  • Speaking with teachers: When considering singing a contract, you should ask to speak with a teacher who works or has worked at the school. Always speak on the phone with the departing teacher before you accept a contract if possible. Do not accept only e-mails, as they may be sent from a staff member or hagwon director. You can usually tell by the language of an e-mail if you're being jerked around, but even the best contracts may have terrible staffing behind them. Sometimes current employees are forced (and some might say extorted) to write positive e-mails to prospective teachers encouraging them to work at a bad school. This is why phone interaction is the most secure way to get the truth about a school.

  • Heating and Bills: Be aware that some apartments can cost up to 300,000 won per month just to heat, so the employee should always inquire about what the average monthly gas and electricity bills are. Due to poor building design and construction, some teachers will pay hundreds of dollars while others pay a fraction of that. Heating can eat up a huge chunk of your paycheck. Most "officetels" have high ceilings and large windows that make them hard to heat, while most traditional-style Korean apartments have regular sized ceilings and normal sized windows. The former is usually regarded as the nicer, but more expensive type of apartment to have. If you're concerned about saving as much as possible, it might be a good idea to see if you can get into the most economic housing possible.



A Final Note
As teachers we collectively and voluntarily choose the conditions in which we work. By allowing yourself to accept a contract with conditions that are less than favorable, you weaken yourself and everyone else. Many schools communicate with each other as to the conditions they give their teachers, and if one gets away with something underhanded, the others may follow. The point is, if you take a contract with unfair or substandard conditions, then other teachers at other schools will have to trudge through contracts with those same conditions, declining them over and over. If, as a group, we all follow these guidelines and reject anything less, employers will be forced to give us these basics. We have to protect the status quo by rejecting bad job offers, as enticing as it may be at any given moment.

Thanks to ttompatz, The Urban Myth, OculisOrbis, lifeinkorea, jrwhite82, and all those who assist in contract reviews in their spare time. If there is anything I missed, please PM me and I will change it.


Last edited by RMNC on Tue Apr 05, 2011 11:06 pm; edited 8 times in total
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RMNC



Joined: 21 Jul 2010

PostPosted: Sat Dec 25, 2010 8:20 am    Post subject: Reply with quote

Reserved.
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swashbuckler



Joined: 20 Nov 2010

PostPosted: Sat Dec 25, 2010 6:42 pm    Post subject: Reply with quote

This EMPLOYMENT AGREEMENT has been made on 2010-12-23 by and between YBM Education Inc (hereinafter referred to as
"employer") and ___ after
referred to as "employee").

.
1. Employer and employee agree as follows:

Employee accepts employment from employer to teach the English language under the terms and conditions set
forth in this agreement for the a period of twelve(12) full and consecutive teaching sessions. Employment
commences from 2011, March 1st day of session instruction and finishes on 2011,Feb 29th teaching day of the
last teaching session covered under this agreement.

2. Duties


2.1. The employee agrees to accept the position as one of the following: afternoon class instructor,
kindergarten class instructor or class shift instructor. (Remark: Please circle your applicable
position and cross out the remaining positions.) The duties for each position are stated in Article 2.2 of
this agreement. During the term of this agreement, the employee is required to prepare, teach, and carry out
all required administrative duties connected with classes assigned by the employer. During the summer and
winter intensive program (June, July, August, and January), the working hours and schedule will be adjusted
accordingly. Total teaching hours in excess of the minimum requirement is calculated each session as
overtime payment.

.
2.2. (A) In the case that the employee accepts his/her position as an afternoon class instructor, only this
article 2.2.(A) is applicable. The articles 2.2.(B) and 2.2.(C) are not applicable to the employee. The minimum
teaching requirement is 160 teaching blocks per session or 107 actual teaching hours (40 minutes X 160
blocks / 60 minutes) per session. One session consists of 20 teaching days, and one teaching block is a 40
minute class. Monday through Friday are teaching days except for scheduled public holidays and vacation
days. The employee’s working hours, which will be decided by the employer, will be 1:30pm-7:30pm, or 3pm-
9pm. The employee will not be able to select or change his or her working hours. The exact teaching schedule
shall be stated prior to the teaching session. During the intensive period (June, July, August and January), the
employee will be teaching classes both in the morning and in the afternoon. (the employee’s regular working
hours)
Shift A will be stated in Appendix A, and the working hours for Shift B will be stated in Appendix B. In the
event that the employee is asked to change from Shift A to Shift B or from Shift B to Shift A, the employee will
be notified 15 days before the start of the new session.

2.4 Employee is responsible for the return of all teaching materials (including textbooks, tapes, CD’s, tape players)
on a session basis. At all times during the term of this agreement, employee will directly adhere to and obey all
the rules and regulations that have been, or may hereafter be established by employer for the conduct of
employee or generally for the conduct of instructors at the place of employment.

.
3. Compensation and Other Treatment of Employee

3.1 Salary :
(A) In the case that the employee accepts his/her position as an afternoon class instructor, employer will
pay employee a yearly salary of 28,800,000won. The yearly salary will be divided into 12 payments of
Confidential / Contract #153 v2.4
As of September 1, 2010
YBM Education Inc.
Page 3 of 11
2,400,000 won. Overtime payment is made at the rate of 22,500won per hour. Teaching salary will
commence from the first day of teaching. When an employee is absent from scheduled teaching duties, salary
will be deducted according to the employees overtime rate. Deduction in accordance with Korean income tax
and National Pension Plan regulations shall be withheld from monthly salary payments. Salary payments will be
made on or before the eighth day of the month following the teaching session during which the services were
provided.

Shift A is won per teaching block. Teaching salary will
commence from the first day of teaching. When an employee is absent from scheduled teaching duties, salary
will be deducted according to the employee’s overtime rate. Deduction in accordance with Korean income tax
and National Pension Plan regulations shall be withheld from monthly salary payments. Salary payments will be
made on or before the eighth day of the month following the teaching session during which the services were
provided .
\.
3.2 Severance Payment: Upon successful completion of this Agreement, the Employer will pay the Employee a
severance payment in accordance with Korean labor law. The severance payment shall be no less than one
month of the Employee’s base salary, from which deductions shall be withheld in accordance with Korean
taxation regulation.
.
3.3 National Pension Tax : Under current Korean tax regulations/tax treaty with the respective countries full time
contracted employees holding passports from the United States, Canada and other qualified nations shall
receive the accumulated pension tax payment made each month over the course of employment with employer
plus the equivalent co-payment made by employer directly from the Korean National Pension Tax Office
(http://www.nps.or.kr/). Employee(s) who do not qualify for the refund should inquire with their countries tax
office regarding the tax treaty bylaws with Korea and means of receiving reimbursement or credit for paying
into the Korean pension tax fund.
.
3.4 Orientation and Training: Employee is required to attend orientation and training before commencing
teaching. The period of training and orientation will usually take several days during the final week of any
session. Employee will receive payment of 30,000 won per each day of orientation and training..
3.5 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an
international airport mutually agreed to by employer and employee (henceforth referred to as point of
departure). For employees who are in Korea at the time of employment, a plane ticket to Korea will not be
provided. On completion of the full 12-session contract period, employer will provide for the employee an
economy class ticket for passage from Korea to point of departure. In the event that the employee continues
under a subsequent employment agreement with employer, the return air ticket will be provided at the time of
completion of the subsequent contract period(s). ). If employee does not use the return air ticket within three
months after the contract termination date without having signed a subsequent employment agreement,
employer shall not be responsible for providing employee with the return air ticket. Air tickets provided cannot
be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not
agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets not used
by employees. If the employee changes or cancels the tickets purchased by the employer, the employee is
responsible and will be asked to compensate for any charges or fees incurred by the change or cancellation.
The employer will no longer be responsible under any circumstances in regards to the flight once it has been
changed or canceled by the employee. As per Korean taxation regulations the cost of the arrival ticket shall be
listed as part of the first month’s income and taxed accordingly.
CASE DEDUCTION AMOUNT
Employee is Dismissed/Resigns within
1 month of commencement
5/6 of the airfare cost provided to come to Korea will be
deducted from the employee’s final paycheck.
Employee is Dismissed/Resigns within
2 months of commencement
4/6 of the airfare cost provided to come to Korea will be
deducted from the employee’s final paycheck.
Employee is Dismissed/Resigns within
3 months of commencement
3/6 of the airfare cost provided to come to Korea will be
deducted from the employee’s final paycheck.
Employee is Dismissed/Resigns within
4 months of commencement
2/6 of the airfare cost provided to come to Korea will be
deducted from the employee’s final paycheck.
Employee is Dismissed/Resigns after 4
months of commencement and before
1/6 of the airfare cost provided to come to Korea will be
deducted from the employee’s final paycheck.
Confidential / Contract #153 v2.4
As of September 1, 2010
YBM Education Inc.
Page 5 of 11
the full completion of this agreement
3.7 Airfare Tax: The cost of the arrival ticket shall be listed as part of the first month’s income and taxed
accordingly as per Korean tax laws. The employer is paying for the cost of the air tickets while the employee is
paying the taxes on the cost of the air tickets.
3.8 Visa: After signing the contract, employee is required to submit documents necessary for obtaining a working
visa to Korea by 2011,Jan.31st . If employee fails to submit the necessary documents for obtaining a visa
in due time and he/she fails to obtain a Korean working visa prior to arrival in Korea, then employee will not be
reimbursed for the trip he/she has to make to Japan in order to obtain the visa. However, if employer preapproves
the trip to Japan for visa obtainment due to insufficient time between the contract signing and the visa
application, then the transportation fare, including a round-trip airfare to Japan from Korea and other
transportation fares incurred while in Japan will be reimbursed by employer. Employee must bring all
corresponding receipts for the reimbursement of the visa application, accommodation fee, and any other
expenses occurred while on the visa trip to Japan.
3.9 Holidays and Vacation: Employee will be entitled to observe regular annually scheduled public holidays and
receive at least nine(9) vacation days during the contract term according to a yearly schedule provided by
employer before the commencement of the year to which the schedule refers. Employee may not take vacation
days outside the published annual schedule. If employee does not follow the school holiday and vacation
schedule designated by the school calendar and takes day(s) off prior to and/or after the holidays and vacations
days without school approval, the employer will not provide the employee’s return passage from Korea at the
end of his/her 1 year contract.
3.10 Medical Insurance: Employee will be covered by medical benefits under the Korean Medical Insurance Union,
a Government Health Organization. The cost of this coverage will be borne half by employer and half by
employee. Employee’s share of this coverage will be deducted monthly from employee's salary.
3.11 Accidental Compensation: In the event that employee sustains injuries from an accident or mishap which
occurs outside the course of normal work duties; employee understands and agrees that employer will have no
responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by
medical insurance.
3.12 Relocation Allowance: mployer will pay employee, upon arrival in Korea, a one-time only relocation
allowance of 200,000 won (before Korean tax) to help defray costs of relocation. Relocation allowance is not
payable for employees who have already stayed in Korea more than one (1) month since the past recent one
(1) year.
3.13 Absence from Duties: In the event that the employee is going to be absent from teaching duties, the
employee is required to file a Leave of Absence form to the academic supervisor 3 weeks prior to the
employee’s intended date of absence. Salary is not maintained when employee is absent from teaching duties.
3.14 Sick Leave/Attendance Bonus: Employee will be eligible to receive up to three (3) days of paid sick leave
with a medical certificate. If the employee has to leave the school anytime during his/her working hours due to
illness, that will be counted as an half day of sick leave. Two half days will make one full day of sick leave.
Upon the completion of the one-year contract, the attendance bonus will be as follows;
- 200,000 won attendance bonus for missing no days
- No attendance bonus for missing fewer than 3 days (Medical reasons)
- Deduction for missing four or more days (Medical or non-medical reasons)
3.15 Security Deposit: Employee agrees to a deduction of 200,000 Won per month for the first three months of
employment totaling 600,000 won as a security deposit. This safety deposit deduction will be required of all
employees regardless of the employee’s housing decision in Article 4.1. Employer agrees that the payment of
remaining amounts of the deposit will be made to employee only on the condition that the employee
successfully completes the contract period. At the completion of the contract period, the remaining amount of
the deposit will be paid to the employee within sixty days after all outstanding fees have been paid. In the event
that the security deposit is wire transferred to the employee's account, the wire transfer fee will be deducted
from the security deposit.
Confidential / Contract #153 v2.4
As of September 1, 2010
YBM Education Inc.
Page 7 of 11
4. Housing or Housing Allowance
4.1 Employee is able to choose either Housing (Article 4.2) or Housing Allowance (Article 4.3) before the
commencement of the contract period. This decision cannot be changed during the contract period.
4.2 Housing: Employer will select and provide a semi-furnished single housing for employee. Furnishings provided
by employer for common use by employee include: A kitchen table and chairs, a two-burner gas hotplate, a
toaster, a refrigerator, a television, a washing machine, a bed, a wardrobe, a fan or an air conditioner, a pillow,
a pillowcase and bed sheets. Employee(s) is responsible for all maintenance (including any special
maintenance fee charged for one-room apartments) and utility charges, incurred by employee, for
accommodation provided by employer. In the case that, and for as long as, employee is a sole occupant of
accommodation provided by employer designated as a double occupancy accommodation, employer will cover
half of the monthly maintenance charges. When employee moves in, the housing will be inspected, and any
prior damage will be noted. Before the employee moves out, there will be an inspection of the housing facility.
All damages that were not noted at the beginning of the occupancy period will be the employee’s responsibility
and will be taken from the 600,000 Won Security deposit (see 3.16).
5.2 Housing Allowance: When employee does not receive housing from employer, a monthly housing allowance
for employee will be in the amount of 400,000 won (Income tax will be applied to the allowance). Payment will
be made on the salary day of each month and will be taxed in accordance with Korean tax laws. Employer
shall not be responsible for rent, maintenance fees, utility fees or any other charges for accommodation at any
time.
5 Dismissal or Voluntary Resignation
5.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment
as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal
activity. Upon receiving two warning letters from the academic supervisor for dereliction of duties or misconduct
the employer will have the right to terminate employment. The academic supervisor will review and evaluate the
situation prior to issuing the warning letter.
5.2 In the event that the employee is dismissed, the employer will pay salary and pension due to the last day that
the employee has fulfilled their duties and responsibilities. Employer will not pay the cost of return
transportation to the point of departure for employee. Further, employer will be entitled to withhold an amount
less than or equivalent to, but not exceeding, the cost of airfare provided for travel to Korea. In the event that
the employee was recruited in South Korea and it was necessary for the employee to leave South Korea and
return to obtain a visa, employer will be entitled to withhold from the final salary payment the cost of the round
Confidential / Contract #153 v2.4
As of September 1, 2010
YBM Education Inc.
Page 8 of 11
trip together with any other expenses incurred by the employer in connection therewith.
5.3 In the event that the employee voluntarily resigns prior to the expiration of the term of this agreement, the
employee should express this intention to the employer with a written notice 60 days before the employee's
final working day. The employee will only be paid salary and pension due to the last day that the employee has
fulfilled their duties and responsibilities. Employer will not pay the cost of the return transportation to point of
departure for the employee. Further, employer will be entitled to withhold an amount less than or equivalent to,
but not exceeding, the cost of airfare provided for travel to Korea. In the event that the employee was recruited
in South Korea and it was necessary for the employee to leave South Korea to obtain a visa, employer will be
entitled to withhold from the final salary payment the cost of the round trip together with any other expenses
incurred by the employer in connection therewith. Should the employee fail to fulfill the obligation for the 60
days notice, the employee will be liable to employer for all responsible costs incurred by employer to secure
dismissed employee's replacement.
6. Covenants
6.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or
employment with any persons or organizations other than the employer. To undertake such employment is a
breach of Korean Immigration law and can have serious consequences.
6.2. The employee understands and accepts that the rights to use, sale, distribution, or publication of all original
material produced by the employee during the course of employee's employment, and for which the employee
is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of
employer.
7. Jurisdiction
This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent
court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection
with, this agreement. Employer and employee have executed this agreement on the date indicated below. Intending
to be legally bound to, and in witness of, employer and employee have appended their signatures.
Confidential / Contract #153 v2.4
As of September 1, 2010
YBM Education Inc.
Page 9 of 11
_____________________________ Instructor’s Signature
Employer Employee
고용인
피고용인
___________________ Today’s Date _
Date Date
날짜
날짜
Confidential / Contract #153 v2.4
As of September 1, 2010
YBM Education Inc.
Page 10 of 11
- APPENDIX A (WORKING HOUR SCHEDULE) -
-
Pursuant to the employment agreement for YBM IA instructor which has been made on
) by and
between YBM Education Inc.,
(hereinafter referred to as ‘employer’) and
, a citizen of
(hereinafter referred to as ‘employee’), the employee hereby has agreed and granted the following working hours as the
employee’s actual working schedule.
Time/Day Mon Tue Wed Thu Fri Total
9:00
9:30
10:00
10:30
11:00
11:30
12:00
12:30
13:00
13:30
14:00
14:30
15:00
15:30
16:00
16:30
17:00
17:30
18:00
Working
Hours / week
7 7 7 7 7 35
In the event that the employer needs to change the above schedule, the employer should express this intention in a
written statement, and this request may not rejected by employee without proper cause.
_________________________ Instructor’s Signature
Employer
고용인
Employee
피고용인
___________________ Today’s Date _
Date
날짜
Date
피고용인
Confidential / Contract #153 v2.4
As of September 1, 2010
YBM Education Inc.
Page 11 of 11
- APPENDIX B (WORKING HOUR SCHEDULE) -
-
부록
B (
근무시간
스케쥴
) -
Pursuant to the employment agreement for YBM IA instructor which has been made on
년월일
(
오늘날짜
) by and
between YBM Education Inc.,
학원이름
(hereinafter referred to as ‘employer’) and
강사이름
, a citizen of
강사의
국적
(hereinafter referred to as ‘employee’), the employee hereby has agreed and granted the following working hours as the
employee’s actual working schedule.
Time/Day Mon Tue Wed Thu Fri Total
9:00
9:30
10:00
10:30
11:00
11:30
12:00
12:30
13:00
13:30
14:00
14:30
15:00
15:30
16:00
16:30
17:00
17:30
18:00
Working
Hours / week
7 7 7 7 7 35
In the event that the employer needs to change the above schedule, the employer should express this intention in a
written statement, and this request may not rejected by employee without proper cause.

_________________________ Instructor’s Signature
Employer
고용인
Employee
피고용인
___________________ Today’s Date _
Date
날짜
Date
피고용인
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Sat Dec 25, 2010 9:38 pm    Post subject: Reply with quote

Not only is this a template contract, but nothing is specified.

"(Remark: Please circle your applicable position and cross out the remaining positions.)"

How can we weigh the pros and cons of THE job if we don't know the position you are thinking of signing for?

---

"Total teaching hours in excess of the minimum requirement is calculated each session as overtime payment. "

What is the minimum?

---

"Shift A will be stated in Appendix A"

What is Appendix A? I just see numbers at the bottom of the post. Does this mean you work all those hours?

---

"3.1 Salary :
(A) In the case that the employee accepts his/her position as an afternoon class instructor, employer will
pay employee a yearly salary of 28,800,000won. The yearly salary will be divided into 12 payments of Confidential"

Why is this confidential? 28,800,000 / 12 = 2,400,000 / month

---

"3.4 Orientation and Training: Employee is required to attend orientation and training before commencing
teaching. The period of training and orientation will usually take several days during the final week of any
session. Employee will receive payment of 30,000 won per each day of orientation and training.. "

If you do not live in Korea already, will they get you a place to stay during orientation? You need more like 40,000 for hotel expenses.

---

"Teaching salary will commence from the first day of teaching."

So you don't get paid during orientation. This also might mean you won't get the 30,000 until pay day for your salary.

---

Basically sucks in my opinion. I wouldn't work there.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sat Dec 25, 2010 9:46 pm    Post subject: Reply with quote

As per the discussion on the previous thread
http://forums.eslcafe.com/korea/viewtopic.php?t=197642
I don't think that starting a new thread will have any benefit. What people on that thread were advocating was getting rid of the contract sticky and replacing it with a forum folder reserved exclusively for contracts.

What did starting a new thread achieve?
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Sun Dec 26, 2010 12:24 am    Post subject: Reply with quote

Quote:
What did starting a new thread achieve?


It gave me the conclusion we aren't going to get a separate folder and that I should code my posts in the future if I want to track them Laughing

Schools like YBM don't need to be posted here. The contract doesn't even relate to the teacher, it is just a template contract.

If we are going to get and give advice on contracts, wouldn't it make more sense to create a thread for each school and put them in one forum? This way the person who posted a YBM contract could just go to the YBM thread and see discussion there which might already answer questions. Why reinvent the wheel post by post?

We don't need to scroll through all the hodge podge of various contracts. Schools run differently, and what is done at one school might not be dealt in the same way at another. It would be good to see what the standard is for each school.
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RMNC



Joined: 21 Jul 2010

PostPosted: Sun Dec 26, 2010 9:33 am    Post subject: Reply with quote

swashbuckler wrote:
This EMPLOYMENT AGREEMENT has been made on 2010-12-23 by and between (hereinafter referred to as
"employer") and ___ after
referred to as "employee").

.
1. Employer and employee agree as follows:

Employee accepts employment from employer to teach the English language under the terms and conditions set
forth in this agreement for the a period of twelve(12) full and consecutive teaching sessions. Employment
commences from 2011, March 1st day of session instruction and finishes on 2011,Feb 29th teaching day of the
last teaching session covered under this agreement.

2. Duties


2.1. The employee agrees to accept the position as one of the following: afternoon class instructor,
kindergarten class instructor or class shift instructor. (Remark: Please circle your applicable
position and cross out the remaining positions.) The duties for each position are stated in Article 2.2 of
this agreement. During the term of this agreement, the employee is required to prepare, teach, and carry out
all required administrative duties connected with classes assigned by the employer. During the summer and
winter intensive program (June, July, August, and January), the working hours and schedule will be adjusted
accordingly. Total teaching hours in excess of the minimum requirement is calculated each session as
overtime payment.

.
2.2. (A) In the case that the employee accepts his/her position as an afternoon class instructor, only this
article 2.2.(A) is applicable. The articles 2.2.(B) and 2.2.(C) are not applicable to the employee. The minimum
teaching requirement is 160 teaching blocks per session or 107 actual teaching hours (40 minutes X 160
blocks / 60 minutes) per session. One session consists of 20 teaching days, and one teaching block is a 40
minute class. Monday through Friday are teaching days except for scheduled public holidays and vacation
days. The employee’s working hours, which will be decided by the employer, will be 1:30pm-7:30pm, or 3pm-
9pm. The employee will not be able to select or change his or her working hours. The exact teaching schedule
shall be stated prior to the teaching session. During the intensive period (June, July, August and January), the
employee will be teaching classes both in the morning and in the afternoon. (the employee’s regular working
hours)
Shift A will be stated in Appendix A, and the working hours for Shift B will be stated in Appendix B. In the
event that the employee is asked to change from Shift A to Shift B or from Shift B to Shift A, the employee will
be notified 15 days before the start of the new session.

That's a lot of classes. There's some serious time-pinching going on here

2.4 Employee is responsible for the return of all teaching materials (including textbooks, tapes, CD’s, tape players)
on a session basis. At all times during the term of this agreement, employee will directly adhere to and obey all
the rules and regulations that have been, or may hereafter be established by employer for the conduct of
employee or generally for the conduct of instructors at the place of employment.

.
3. Compensation and Other Treatment of Employee

3.1 Salary :
(A) In the case that the employee accepts his/her position as an afternoon class instructor, employer will
pay employee a yearly salary of 28,800,000won. The yearly salary will be divided into 12 payments of
Confidential / Contract #153 v2.4
As of September 1, 2010
Page 3 of 11
2,400,000 won. Overtime payment is made at the rate of 22,500won per hour.

Good OT, but it's not like it matter that much.

Teaching salary will
commence from the first day of teaching. When an employee is absent from scheduled teaching duties, salary
will be deducted according to the employees overtime rate. Deduction in accordance with Korean income tax
and National Pension Plan regulations shall be withheld from monthly salary payments. Salary payments will be
made on or before the eighth day of the month following the teaching session during which the services were
provided.

What are the percentages?

Shift A is won per teaching block. Teaching salary will
commence from the first day of teaching. When an employee is absent from scheduled teaching duties, salary
will be deducted according to the employee’s overtime rate. Deduction in accordance with Korean income tax
and National Pension Plan regulations shall be withheld from monthly salary payments. Salary payments will be
made on or before the eighth day of the month following the teaching session during which the services were
provided .
\.
3.2 Severance Payment: Upon successful completion of this Agreement, the Employer will pay the Employee a
severance payment in accordance with Korean labor law. The severance payment shall be no less than one
month of the Employee’s base salary, from which deductions shall be withheld in accordance with Korean
taxation regulation.
.
3.3 National Pension Tax : Under current Korean tax regulations/tax treaty with the respective countries full time
contracted employees holding passports from the United States, Canada and other qualified nations shall
receive the accumulated pension tax payment made each month over the course of employment with employer
plus the equivalent co-payment made by employer directly from the Korean National Pension Tax Office
(http://www.nps.or.kr/). Employee(s) who do not qualify for the refund should inquire with their countries tax
office regarding the tax treaty bylaws with Korea and means of receiving reimbursement or credit for paying
into the Korean pension tax fund.
.
3.4 Orientation and Training: Employee is required to attend orientation and training before commencing
teaching. The period of training and orientation will usually take several days during the final week of any
session. Employee will receive payment of 30,000 won per each day of orientation and training..

Typical move, that's $25 a day. Lame, but has been this way for ages.

3.5 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an
international airport mutually agreed to by employer and employee (henceforth referred to as point of
departure). For employees who are in Korea at the time of employment, a plane ticket to Korea will not be
provided. On completion of the full 12-session contract period, employer will provide for the employee an
economy class ticket for passage from Korea to point of departure. In the event that the employee continues
under a subsequent employment agreement with employer, the return air ticket will be provided at the time of
completion of the subsequent contract period(s). ). If employee does not use the return air ticket within three
months after the contract termination date without having signed a subsequent employment agreement,
employer shall not be responsible for providing employee with the return air ticket. Air tickets provided cannot
be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not
agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets not used
by employees. If the employee changes or cancels the tickets purchased by the employer, the employee is
responsible and will be asked to compensate for any charges or fees incurred by the change or cancellation.
The employer will no longer be responsible under any circumstances in regards to the flight once it has been
changed or canceled by the employee. As per Korean taxation regulations the cost of the arrival ticket shall be
listed as part of the first month’s income and taxed accordingly.
CASE DEDUCTION AMOUNT
Employee is Dismissed/Resigns within
1 month of commencement
5/6 of the airfare cost provided to come to Korea will be
deducted from the employee’s final paycheck.
Employee is Dismissed/Resigns within
2 months of commencement
4/6 of the airfare cost provided to come to Korea will be
deducted from the employee’s final paycheck.
Employee is Dismissed/Resigns within
3 months of commencement
3/6 of the airfare cost provided to come to Korea will be
deducted from the employee’s final paycheck.
Employee is Dismissed/Resigns within
4 months of commencement
2/6 of the airfare cost provided to come to Korea will be
deducted from the employee’s final paycheck.
Employee is Dismissed/Resigns after 4
months of commencement and before
1/6 of the airfare cost provided to come to Korea will be
deducted from the employee’s final paycheck.

Wow, weird

Confidential / Contract #153 v2.4
As of September 1, 2010
Page 5 of 11
the full completion of this agreement
3.7 Airfare Tax: The cost of the arrival ticket shall be listed as part of the first month’s income and taxed
accordingly as per Korean tax laws. The employer is paying for the cost of the air tickets while the employee is
paying the taxes on the cost of the air tickets.
3.8 Visa: After signing the contract, employee is required to submit documents necessary for obtaining a working
visa to Korea by 2011,Jan.31st . If employee fails to submit the necessary documents for obtaining a visa
in due time and he/she fails to obtain a Korean working visa prior to arrival in Korea, then employee will not be
reimbursed for the trip he/she has to make to Japan in order to obtain the visa. However, if employer preapproves
the trip to Japan for visa obtainment due to insufficient time between the contract signing and the visa
application, then the transportation fare, including a round-trip airfare to Japan from Korea and other
transportation fares incurred while in Japan will be reimbursed by employer. Employee must bring all
corresponding receipts for the reimbursement of the visa application, accommodation fee, and any other
expenses occurred while on the visa trip to Japan.
3.9 Holidays and Vacation: Employee will be entitled to observe regular annually scheduled public holidays and
receive at least nine(9) vacation days during the contract term according to a yearly schedule provided by
employer before the commencement of the year to which the schedule refers. Employee may not take vacation
days outside the published annual schedule. If employee does not follow the school holiday and vacation
schedule designated by the school calendar and takes day(s) off prior to and/or after the holidays and vacations
days without school approval, the employer will not provide the employee’s return passage from Korea at the
end of his/her 1 year contract.
3.10 Medical Insurance: Employee will be covered by medical benefits under the Korean Medical Insurance Union,
a Government Health Organization.
The cost of this coverage will be borne half by employer and half by
employee. Employee’s share of this coverage will be deducted monthly from employee's salary.
3.11 Accidental Compensation: In the event that employee sustains injuries from an accident or mishap which
occurs outside the course of normal work duties; employee understands and agrees that employer will have no
responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by
medical insurance.
3.12 Relocation Allowance: mployer will pay employee, upon arrival in Korea, a one-time only relocation
allowance of 200,000 won (before Korean tax) to help defray costs of relocation. Relocation allowance is not
payable for employees who have already stayed in Korea more than one (1) month since the past recent one
(1) year.
3.13 Absence from Duties: In the event that the employee is going to be absent from teaching duties, the
employee is required to file a Leave of Absence form to the academic supervisor 3 weeks prior to the
employee’s intended date of absence. Salary is not maintained when employee is absent from teaching duties.
3.14 Sick Leave/Attendance Bonus: Employee will be eligible to receive up to three (3) days of paid sick leave
with a medical certificate. If the employee has to leave the school anytime during his/her working hours due to
illness, that will be counted as an half day of sick leave. Two half days will make one full day of sick leave.
Upon the completion of the one-year contract, the attendance bonus will be as follows;
- 200,000 won attendance bonus for missing no days
- No attendance bonus for missing fewer than 3 days (Medical reasons)
- Deduction for missing four or more days (Medical or non-medical reasons)
3.15 Security Deposit: Employee agrees to a deduction of 200,000 Won per month for the first three months of
employment totaling 600,000 won as a security deposit. This safety deposit deduction will be required of all
employees regardless of the employee’s housing decision in Article 4.1. Employer agrees that the payment of
remaining amounts of the deposit will be made to employee only on the condition that the employee
successfully completes the contract period. At the completion of the contract period, the remaining amount of
the deposit will be paid to the employee within sixty days after all outstanding fees have been paid. In the event
that the security deposit is wire transferred to the employee's account, the wire transfer fee will be deducted
from the security deposit.
Confidential / Contract #153 v2.4
As of September 1, 2010
4. Housing or Housing Allowance
4.1 Employee is able to choose either Housing (Article 4.2) or Housing Allowance (Article 4.3) before the
commencement of the contract period. This decision cannot be changed during the contract period.
4.2 Housing: Employer will select and provide a semi-furnished single housing for employee. Furnishings provided
by employer for common use by employee include: A kitchen table and chairs, a two-burner gas hotplate, a
toaster, a refrigerator, a television, a washing machine, a bed, a wardrobe, a fan or an air conditioner, a pillow,
a pillowcase and bed sheets. Employee(s) is responsible for all maintenance (including any special
maintenance fee charged for one-room apartments) and utility charges, incurred by employee, for
accommodation provided by employer. In the case that, and for as long as, employee is a sole occupant of
accommodation provided by employer designated as a double occupancy accommodation, employer will cover
half of the monthly maintenance charges. When employee moves in, the housing will be inspected, and any
prior damage will be noted. Before the employee moves out, there will be an inspection of the housing facility.
All damages that were not noted at the beginning of the occupancy period will be the employee’s responsibility
and will be taken from the 600,000 Won Security deposit (see 3.16).
5.2 Housing Allowance: When employee does not receive housing from employer, a monthly housing allowance
for employee will be in the amount of 400,000 won (Income tax will be applied to the allowance). Payment will
be made on the salary day of each month and will be taxed in accordance with Korean tax laws. Employer
shall not be responsible for rent, maintenance fees, utility fees or any other charges for accommodation at any
time.

Read the OP about deposits, and beware.

5 Dismissal or Voluntary Resignation
5.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment
as set out under this agreement, for conduct seriously jeopardizing any student or staff person, or for criminal
activity. Upon receiving two warning letters from the academic supervisor for dereliction of duties or misconduct
the employer will have the right to terminate employment. The academic supervisor will review and evaluate the
situation prior to issuing the warning letter.
5.2 In the event that the employee is dismissed, the employer will pay salary and pension due to the last day that
the employee has fulfilled their duties and responsibilities. Employer will not pay the cost of return
transportation to the point of departure for employee. Further, employer will be entitled to withhold an amount
less than or equivalent to, but not exceeding, the cost of airfare provided for travel to Korea. In the event that
the employee was recruited in South Korea and it was necessary for the employee to leave South Korea and
return to obtain a visa, employer will be entitled to withhold from the final salary payment the cost of the round
Confidential / Contract #153 v2.4
As of September 1, 2010
Page 8 of 11
trip together with any other expenses incurred by the employer in connection therewith.
5.3 In the event that the employee voluntarily resigns prior to the expiration of the term of this agreement, the
employee should express this intention to the employer with a written notice 60 days before the employee's
final working day. The employee will only be paid salary and pension due to the last day that the employee has
fulfilled their duties and responsibilities. Employer will not pay the cost of the return transportation to point of
departure for the employee. Further, employer will be entitled to withhold an amount less than or equivalent to,
but not exceeding, the cost of airfare provided for travel to Korea. In the event that the employee was recruited
in South Korea and it was necessary for the employee to leave South Korea to obtain a visa, employer will be
entitled to withhold from the final salary payment the cost of the round trip together with any other expenses
incurred by the employer in connection therewith. Should the employee fail to fulfill the obligation for the 60
days notice, the employee will be liable to employer for all responsible costs incurred by employer to secure
dismissed employee's replacement.
6. Covenants
6.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or
employment with any persons or organizations other than the employer. To undertake such employment is a
breach of Korean Immigration law and can have serious consequences.
6.2. The employee understands and accepts that the rights to use, sale, distribution, or publication of all original
material produced by the employee during the course of employee's employment, and for which the employee
is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of
employer.
7. Jurisdiction
This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent
court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection
with, this agreement. Employer and employee have executed this agreement on the date indicated below. Intending
to be legally bound to, and in witness of, employer and employee have appended their signatures.
Confidential / Contract #153 v2.4
As of September 1, 2010
Page 9 of 11
_____________________________ Instructor’s Signature
Employer Employee
고용인
피고용인
___________________ Today’s Date _
Date Date
날짜
날짜
Confidential / Contract #153 v2.4
As of September 1, 2010
Page 10 of 11
- APPENDIX A (WORKING HOUR SCHEDULE) -
-
Pursuant to the employment agreement for instructor which has been made on
) by and
between,
(hereinafter referred to as ‘employer’) and
, a citizen of
(hereinafter referred to as ‘employee’), the employee hereby has agreed and granted the following working hours as the
employee’s actual working schedule.
Time/Day Mon Tue Wed Thu Fri Total
9:00
9:30
10:00
10:30
11:00
11:30
12:00
12:30
13:00
13:30
14:00
14:30
15:00
15:30
16:00
16:30
17:00
17:30
18:00
Working
Hours / week
7 7 7 7 7 35

35 hours is pretty high

In the event that the employer needs to change the above schedule, the employer should express this intention in a
written statement, and this request may not rejected by employee without proper cause.
_________________________ Instructor’s Signature
Employer
고용인
Employee
피고용인
___________________ Today’s Date _
Date
날짜
Date
피고용인
Confidential / Contract #153 v2.4
As of September 1, 2010
Page 11 of 11
- APPENDIX B (WORKING HOUR SCHEDULE) -
-
부록
B (
근무시간
스케쥴
) -
Pursuant to the employment agreement for instructor which has been made on
년월일
(
오늘날짜
) by and
between,
학원이름
(hereinafter referred to as ‘employer’) and
강사이름
, a citizen of
강사의
국적
(hereinafter referred to as ‘employee’), the employee hereby has agreed and granted the following working hours as the
employee’s actual working schedule.
Time/Day Mon Tue Wed Thu Fri Total
9:00
9:30
10:00
10:30
11:00
11:30
12:00
12:30
13:00
13:30
14:00
14:30
15:00
15:30
16:00
16:30
17:00
17:30
18:00
Working
Hours / week
7 7 7 7 7 35
In the event that the employer needs to change the above schedule, the employer should express this intention in a
written statement, and this request may not rejected by employee without proper cause.

_________________________ Instructor’s Signature
Employer
고용인
Employee
피고용인
___________________ Today’s Date _
Date
날짜
Date
피고용인


YBM is a chain, of course, so there's more security, but they'll work you to the bone. I don't really like chain hagwons, having been screwed in the past by stingy employers. The upside is you'll be paid on time and they have all the prerequisites of a contract, like the A/C, pension and medical insurance. It could be great and it could be horrible and a ton of work. It's not something I would personally go for, but that's just me. The location and job type might be what you're looking for or simply compromising about.

And Troglodyte, the old thread was 4 years old, too long, and the OP was unfinished, outdated and unorganized.
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swashbuckler



Joined: 20 Nov 2010

PostPosted: Sun Dec 26, 2010 4:42 pm    Post subject: Reply with quote

I'm sorry, I should have provided some sort of additional explanation instead of just throwing up the contract blindly.

I was hired as the AFTERNOON instructor by YBM International Academy in Gaepo-dong. Teaching hours are 1:30 to 7:30 everyday, and I must show up by 11:30 for prep time (lunch is provided free by the school).

The students are returnees and graduates from English kindergartens, class size is 12 maximum.

For those of you who are saying this is a bad deal, could you recommend an alternative? I was in EPIK/SMOE teaching elementary school for 4 years, so I need a change from that scene (co-teachers, deskwarming, huge classes, mixed-levels, etc). Also, I am afraid of working at a small hagwon because I know the chances of getting screwed over on pay, vacation, etc., are higher. I prefer an afternoon shift and I am finding in quite hard to secure a decent job (no Kindergarden) because I am overseas and can not interview in person. It's actually quite frustrating.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Sun Dec 26, 2010 7:31 pm    Post subject: Reply with quote

I did something similar, 11:00-6:00. After one month, I was allowed to come before 1pm so long as I was ready to teach. See if you can arrange this with them. Going to school for one hour first, then lunch, only made it harder to get through the day. I preferred to eat at home and then come later and this worked out a lot better for me.

The next thing to realize is that it seems like this is still a "hagwon" job and not an afterschool job at a public school. So, you're going to have the same worries on getting screwed with pay or vacation time. It's not safer because it is "after school" at a hagwon. In fact, 99% of hagwon jobs are "after school".

That is where students will go after school. If you are at a public school afterschool program, then you will have smaller classes and students will come late or leave early because they have Taekwondo practice, piano lessons, or hagwon classes.

Sometimes this is good, sometimes it destroys your plans if you can't have a full class and students are coming and going.

Regarding the hours ONLY, I would prefer to take this job if it were from 2:30 or 3:30pm. Otherwise, a public school position would be better. You can be done at 4:30 and still have time in the afternoon/evening to do something. If you finish at 7pm, then you lose a couple hours in the evening and then you have to get ready the next day in the morning. Your time is tied up either waiting or working. No blocks of free time. After 2 months it will hit and you will be looking for a way out of it.
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winaniw



Joined: 18 Sep 2010
Location: San Francisco, CA

PostPosted: Tue Dec 28, 2010 3:25 am    Post subject: Reply with quote

This is my first contract, so I'm a bit nervous and would appreciate you guys looking it over. It's a JLS school, and the foreign teacher I spoke to raved about how supportive and trustworthy the administration was, so I'm willing to let some things in this contract slide...but I'm wondering if I should ask for a higher salary and overtime pay. They're offering me 2.1m for 112 teaching hours / 168 40-minute classes. The hours are 12:30pm-9pm. Also, overtime is 15,000.
Is there anything else I should challenge?

Quote:
CLAUSE 1 (APPOINTMENT)

a. The employer agrees to employ the teacher during the period stipulated herein.
b. The teacher agrees to accept the employment and will work in his/her full capacity
for the school.

CLAUSE 2 ( PERIOD OF EMPLOYMENT )

a. The total Agreement term is approximately one year, commencing from the date
of arrival in Korea and to the last teaching day of the teacher's twelfth full teaching
session, according to the (school name) session schedule.
b. The teacher agrees to discontinue his/her residence in Korea under the visa status
arranged and sponsored by the employer within three days after the completion of
this contract. The teacher will be allowed to stay in the housing provided by
(school) during this time. This condition will not apply if this contract is
terminated for any reason before completion, and the employer has no obligation
to maintain the visa status for any period of time beyond the termination date.

CLAUSE 3 ( THE EMPLOYER’S RESPONSIBILITIES)

a. The employer and teacher are equal individuals working together to provide
quality English instruction under the terms stated in this contract.
b. The employer will honor the terms and conditions of employment for the teacher
as stated within this contract.
c. The employer will guarantee the teacher a salary of 2.2m Won per teaching
session* in consideration of the teacher’s teaching hours and proper preparation
for the classes.

CLAUSE 4 ( THE TEACHER’S RESPONSIBILITIES AND DUTIES )

a. During the terms of this Agreement, the teacher must cooperate and comply with
the instructions and disciplines of the school. Assisting the Supervisor he/she
must carry out assignments as directed by the employer. The Supervisor will be
responsible for establishing and communicating the Standards of Performance as
related to the duties stated in this contract.

b. The teacher must have adequately prepared for the classes in advance.
c. At all times during the term of this contract, teachers must maintain a clean and
neat appearance. While suits and ties are not mandatory, a professional
appearance is desirable.
d. The teacher must arrive at school 20 minutes before the start of his/ her schedule
teaching time.
e. The teacher’s work will include the following:
1.Teaching the English language (Target students’ ages: 5 to 12 )
2. Development of educational programs and materials
3. Curriculum design and implementation
4. Indoor and outdoor classroom activities for/with students
5. Grading, evaluation, and assessment of students
6. Providing students with individualized care
7. Attending teacher’s meetings and workshops

CLAUSE 5 ( WORKING HOURS )

a. During the term of this Agreement, the teacher should work in cooperation with
the Supervisor.
b. Teachers will be required to attend some special events throughout the year
(Workshops, graduation ceremony, special events, etc.) which may fall on a
Saturday. Teachers will not receive additional compensation for these days.
c. The teacher agrees to teach 112teaching hours a session and to adequately
prepare for classes. The said workload is equal to 168 classes per session.
d. The employer cannot guarantee the teacher’s requested teaching schedule.

CLAUSE 6 ( SALARY AND OVERTIME RATE)

a. The employer agrees to pay the teacher salary of won for 112 teaching hours
per session and preparation for classes.
b. The payment of the salary is to be made on 10th of the following month.
c. Each forty minute class exceeding the 168classes/session will be considered as
overtime. The payment for the overtime will be _15,000 won per forty minute
class. Attendance at scheduled staff meetings and workshops, along with
preparation for classes is mandatory and not considered as overtime.
d. The salary for assigned teaching hours is inclusive of preparation, and all teachers
will have a scheduled block of planning time each day.

CLAUSE 7 ( TAX )

Income tax and retirement taxes will be withheld from the salary in accordance with the
Korean tax law.

CLAUSE 8 ( TRANSPORTATION )

a. Round trip economy airfare is provided with the one-year contract from the

Teaching the English language (Target students’ ages: 5 to 12 )
Development of educational programs and materials
Curriculum design and implementation
Indoor and outdoor classroom activities for/with students
Grading, evaluation, and assessment of students
Providing students with individualized care
Attending teacher’s meetings and workshops

teacher’s nearest airport to the international airport in Korea and transportation
from the airport to the teacher’s residence in Korea. Upon completion of this
contract, the teacher will be provided with a return ticket.
b. If the teacher leaves the school before his/her contract period ends, the school
will not pay for his/her return ticket.
c. If the teacher leaves the school prior to completing six (6) months period of this
contract for any reason, the teacher must reimburse the school the cost of the
ticket paid by the school or the school may deduct the equivalent amount from
the teacher’s last month’s pay.
d. The employer will pay for the visa run as there is no need to pay for a flight to
Korea. This includes accommodation.
e. If an employee wants to teach at another school located in Korea after finishing
his/her current contract, the employer will not reimburse the teacher the cost of
a return ticket to his/ her country.

CLAUSE 9 ( ORIENTATION PERIOD )

a. Upon arrival in Korea, the teacher will be guaranteed two days for an orientation
period, before being expected to begin his/her regular teaching work.
b. The teacher will be on the payroll from the day after his/her arrival in Korea,
except for weekends and national holidays.
c. During the orientation period the teacher is required to be at the school making
lesson plans and learning about the school system.
d. The teacher will receive 30,000 won stipend per day during the observation
period.

CLAUSE 10 (Health and pension plan)

a. The Employer will pay 50% of the premium for the Employee’s health plan,
which is provided by the Employer and are administrated through the Employer
(Participation in a health plan is optional). The Employee will be responsible
for rest of the costs.
b. The Employee and the Institute could make regular contributions to the
Employee’s pension fund, as stipulated by the rules and regulations of
Korean National Pension Corporation. If eligible, the Employee will receive a
reimbursement of all contributions made by him/ herself and the Institute upon
departure from Korea.
c. There are two types of pension in Korea. One is superannuation, which is 50%
supported by the company. The other is self- managed superannuation. For the
latter, it is the employee’s full responsibility to pay for pension. Approximately
9% from the salary will be deducted as a pension charge if one applies for self-
managed superannuation.

At (school), the latter choice, self-managed superannuation pension
is possible only if the employee wishes, and he/she will receive a reimbursement
of all contributions made by him/ herself and the Institute upon departure from
Korea.

CLAUSE 11 ( VACATION & HOLIDAYS )

The teacher will be allowed vacation that is indicated in the (school)
school schedule.
b. The teacher will be allowed summer & winter vacation as indicated in the school rule.

CLAUSE 12 (EMERGENCY LEAVE)

The employer agrees that the employee is entitled to 5 working days of
emergency leave, in the event of death in the employee’s parents. For this
emergency leave, no deduction of salary will be taken place.
b.
The employer cannot provide the teacher with any additional compensation for
airfare in the case of an emergency.
c.
The employer has the right to request (upon return to Korea) reasonable proof
for having granted emergency leave.
d.
In the event that a period longer than 5 working days is required for emergency
leave, it is up to the employer’s discretion to permit such a period.
e. The employee must request emergency leave time before departing from Korea.

a.

CLAUSE 13 ( ACCOMMODATIONS )

a. The school will provide the teacher , with furnished accommodations that include
one bedroom one living room, one kitchen and one bathroom. The teacher doe not
have to share the accommodations.
b. Furnishings being provided by the employer include: television, refrigerator,
washing machine, bed, wardrobe, fan, kitchen table, basic utensils, chairs and two-
burner gas hot plate. The teacher will be expected to provide his/her own pillow,
pillowcase, and sheets.
c. Selection of the apartment will be made by the employer.
d. The cost of monthly service, utilities, and telephone charges for the
accommodations will be paid by the teacher. In the case of a shared apartment, the
cost will be shared by the roommates.
e. For the first three months, the Employer will withhold a deposit of 200,000 won
each month, in order for the employer to pay off utility and telephone charges,
received by the employer during the two months after the termination of the
contract.
f. Any balance due the teacher after all bills have been paid will be transferred to the
teacher’s account back home two months after the termination of the contract.

CLAUSE 14 (SEVERANCE PAYMENT)

a. Upon completion of this one-year contract, the teacher will receive
2.2m Won as a severance payment in accordance with Korean Labor Laws. This
payment will be made at the time of completion of the contract period.

CLAUSE 15 ( DISMISSAL OR VOLUNTARY RESIGNATION )

a. The employer reserves the right to dismiss the teacher from employment for the
following causes:
1. Neglect or inability to perform his/her duties stipulated in this agreement
2. Frequent absences from work
3. Receiving two warning letters
4. Criminal behavior or misconduct
5. Teaching any private classes outside of the school
b. The employer agrees to give the employee 20 working days notice in the event
of dismissal. However, in the case of a teacher’s criminal behavior or
misconduct, he/she will be dismissed from employment immediately with no
warning or notice.
c. In the event the teacher resigns from employment, he/she can do so giving 20
working days notice to the employer.
d. In either case of dismissal or resignation before completing six (6) months
period of the contract term, the teacher must reimburse the employer the cost of
the ticket to Korea.
e. In either case of dismissal or resignation before completing the contract term,
the teacher will NOT receive any severance payment in accordance with Korean
Labor Laws.

CLAUSE 16 ( GOVERNING LAW & JURISDICTION )

a. This Agreement is governed by the law of the Republic of Korea.
b. This Agreement is made final and firm unless any material modification or
amendment to this Agreement is executed with the full knowledge and consent
of the undersigned and incorporated into this Agreement.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Tue Dec 28, 2010 4:14 am    Post subject: Reply with quote

"b. The teacher agrees to discontinue his/her residence in Korea under the visa status arranged and sponsored by the employer within three days after the completion of this contract."

Don't you have 10 days to leave the country? It's usually in the airfare clause.

I signed one with GEPIK and a hagwon, and both stated, "Upon the completion of the Contract, a one-way return trip to the airport for his/her home country will be reimbursed or directly purchased only when the trip occurs within the first 10 days as of completion of employment."

I don't know exactly what "as of completion" means, I read it as 10 days after you finish the contract.

But this is kinda useless to worry about, you can simply transfer your work visa to a tourist visa and get 30 days. I am curious if I am right about the above issue and why they would worry about cancelling it 3 days after.
Have they had problems in the past where they felt they should have done this? I have never seen this mentioned in a contract until now.

----------

"a. The employer and teacher"

Teacher? Why don't they want to call you employee? Will they later argue that you are independent contractor?

----------

"They're offering me 2.1m for 112 teaching hours / 168 40-minute classes."

Look again, I see, "c. The employer will guarantee the teacher a salary of 2.2m Won per teaching session* in consideration of the teacher’s teaching hours and proper preparation for the classes."

ASK THEM WHAT A "TEACHING SESSION" MEANS.

----------

"6. Providing students with individualized care"

What does this mean? How many students total?

----------

"c. The teacher agrees to teach 112teaching hours a session and to adequately prepare for classes. The said workload is equal to 168 classes per session."

168? That's 42 each week. Hmm..... (Best to talk to other teachers about this. It could be ok, or they could be taking advantage of you. I don't see how this will work unless they plan on making you do split shifts).

Also, realize that with split shifts the school can make it look like you will get overtime, but then recant and make up reasons to not pay you it. At one school made teachers available and then if students came they paid the overtime. If not, then they try to hold back the money even though the teacher showed up. They will say, "Look, you only taught 28 classes, not 31".

Another trick is to move some of your hours to another week, move some to another teacher to even things out. So, it feels like overtime to you because in the long run you are teaching more, but the glass is just "more" full this week. At a small hagwon, this won't happen. With 3 or more teachers it's possible.

Talk to other teachers about this and see if they have experienced the same thing.
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RMNC



Joined: 21 Jul 2010

PostPosted: Tue Dec 28, 2010 1:48 pm    Post subject: Reply with quote

In addition to what lifeinkorea said, there's also the deposit, no A/C in the apartment, and the tax rate isn't listed. Check the OP and use the link provided to find out your tax.
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winaniw



Joined: 18 Sep 2010
Location: San Francisco, CA

PostPosted: Tue Dec 28, 2010 2:29 pm    Post subject: Reply with quote

Thanks lifeinkorea, that's very helpful.

Would you say 2.2m is a decent salary for a 42-hour workweek, 12:30pm-9pm M-F, assuming no prep time will be needed outside of those hours?
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RMNC



Joined: 21 Jul 2010

PostPosted: Tue Dec 28, 2010 2:31 pm    Post subject: Reply with quote

Personally, I'd say no. MAYBE 2.3, but even that's not great. I mean That's just a long week of teaching no matter how you slice it, and they'll likely make you stay there all 8.5 hours.
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winaniw



Joined: 18 Sep 2010
Location: San Francisco, CA

PostPosted: Tue Dec 28, 2010 5:01 pm    Post subject: Reply with quote

Hmm. I just combed through my email history and found that every job single advertisement I've received lists 38-45 working hours per week. So should I keep hunting, or is this the norm?

The tax is 3.3%, according to a separate document my recruiter sent me.

There's also no mention of sick days or of receiving one month paid vacation if the contract is renewed. Is the latter standard?


Last edited by winaniw on Wed Dec 29, 2010 12:08 am; edited 1 time in total
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