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



Joined: 27 Aug 2010
Location: where pretty lies perish

PostPosted: Mon Jan 03, 2011 2:36 am    Post subject: Reply with quote

Could someone please rate this contract? Thank you!


Terms and Conditions of Employment Agreement for Full-Time Instructors


This Employment Agreement is effective by and between __________________ (hereinafter referred to as “Employer”) and _________ a citizen of __________ whose permanent address is _________________________________________________
(hereinafter referred to as “Employee”).

The employee has been selected and approved by the employer to teach at __________________, the employer and the employee, in consideration of the mutual promises and covenants contained herein, agree as follows;

1. TERM OF AGREEMENT

1.1. This agreement will commence _ Feb. 23rd , 2011_ and end on __Feb. 22nd,_2012_
1.2. The working visa issued by the exclusive agreement between the employer and the employee becomes immediately invalid when the agreement is terminated.
1.3. This agreement may be renewed by mutual consent two months prior to its expiration. Without a new agreement between the employer and the employee two months before the expiration, the employee shall be dismissed from employment when the contract expires.
1.4. If the employee or employer wishes to terminate the employment contract prior to the agreed date of expiration, which is normally a year, the employee has to pay a fine of the equivalent of the round trip airfare, which the employer has provided, as compensation for the inconvenience caused by the early termination of the contract to the students and their parents, and the school.

2. PLACE OF EMPLOYMENT
The working place (e.g., a classroom) for the employee will be determined by the employer.

3. DUTIES OF THE EMPLOYEE
Exception)
1) There are two vacations during the year: a summer and winter vacation. All employees should follow the school’s vacation calendar.
2) A yearly Presentation is held on a Saturday in December each year. All the teachers are required to attend it.
3.1. During the term of this agreement, the employee will accept, obey and comply with the instructions, supervision, training and discipline of the Director and managers of the Language Institute. These duties will include instructions for regular classes, administrative duties related to the employee’s classes, student placement testing, attendance at scheduled instructors’ meetings and workshops and extra curricular duties (such as Bus classes, Lunch-time table classes, Field trip etc. would be included) as may be assigned by the Director. The Director is to set the standards of performance for the employee and is empowered to take reasonable steps necessary for assuring that those standards are met.
3.2. During the term of this agreement, the employee is required to perform the work assigned to him/her by the Director for 120 teaching hours and 180 staying hours including teaching hours for each four- week session. Working days are from Monday to Friday. (However, when make-up classes or events are necessary, teachers have to come on a Saturday as requested by the Director. It will be approximately 3~4 times a year)
3.3. If the employee is late with reasonable excuses after obtaining permission from the Director in advance, at least one hour before the class starts, 20,000 Korean Won (hereafter KRW) will be deducted per class for which the employee is late.
However, if the employee is late, which shall be no more than 10 minutes, without notice for a class, 40,000 KRW (20,000×2) will be deducted per class affected. If the employee is late for a class more than three times a year without any notification in advance, the employment will be subjected to the termination of the employment contract.
3.4. Arbitrary cancelation of classes is not permitted. If cancelation of classes is unavoidable, the employee must consult with the Director in advance. In case of sickness, e.g., unexpected accidents, and bereavement, the employee has to take steps stated in 4.5. and 4.6. in this agreement.
3.5. The employee is not allowed to work for any other organization during the term of employment.
3.6 At all times during the term of this agreement, the employee is to perform his/her work according to the curriculum and the teaching methods that have been established by the employer.
3.7 The employee understands and agrees that at all times during the term of this agreement, the Employee is to follow all the provisions of laws and regulations of the Government of Korea and any local government authorities thereof.

4 SALARY AND OTHER BENEFITS FOR THE EMPLOYEE
4.1 Salary
The Employee will be paid the total of ___2,400,000__________ KRW per calendar month. However, the Korean income tax and national contribution as required under Korean law will be withheld each month from the employee’s salary. The employee’s salary will be paid on the 25th of each month.

4.2. Severance Payment
On the condition that this contract is completely satisfied and that employment lasts for one year, a special allowance of a month salary will be paid to the employee by the employer. The severance payment which is also subject to Korean income, resident, and other taxes will be paid when the contract is completed.
4.3. Overtime Payment
Work exceeding the required amount as described in 3.2 will be considered overtime. Payment for overtime will be calculated on an hourly basis and will be paid 20,000 KRW per hour. In order to receive the payment, the employ must submit the Overtime Request Form to the Director prior to carrying out overtime work. The payment will be added to the monthly salary in the following month.
4.4. Sick Leave
Provided that the employee submits medical certification from the hospital designated by the employer, the employee is allowed a maximum of 3 paid sick days per year. In the event of a serious illness or accident, the employee is allowed another 5 day unpaid leave. If the employee is still incapable of fulfilling duties after the allowed period, the employee’s contract will be regarded as terminated.
4.5. Medical Insurance
The employee is to be covered by the medical insurance law. 50% of the insurance premium will be paid by monthly deduction from the employee’s salary.
4.6. Housing
The employee will be provided with furnished housing by the employer. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing will be borne by the employee. In case the employee would not like housing provided, he/she may request a monthly allowance of 300,000 KRW instead.
4.7. Airfare
The employer will provide a round trip airfare. If the employee or employer wishes to terminate the employment contract prior to the agreed date of expiration, which is normally a year, the employee has to pay a fine of the equivalent of the round trip airfare, which the employer has provided, as a compensation for the inconvenience caused to the students and their parents.

5. DISMISSAL
5.1 The employer has the right to dismiss the employee for negligence of duties, misconduct, or unwillingness or inability to meet the conditions of employment as set forth in this agreement. Prior to such dismissal, the employee will be given a 30- day notice. However, illegal activities or other misconduct which has jeopardized any students, and staff members of the employer, or which damages the reputation of the employer, will be the cause for immediate dismissal without warning or time for remedy.
5.2 The employer has the right to dismiss the employee for providing any false information in related application documents.
5.3 In addition to the above two reasons, if the employer decides that there is any reason to dismiss the employee, the employer can dismiss the employee without a 30-day notice.

6. GUARANTEES
The employee guarantees that all facts provided by him/her in the employee’s resume, diplomas, certificates, or any other documents are true and correct.

7. INDEMNIFICATION CLAUSE
The employer shall not be responsible for any damages caused by the misconduct or negligence of the Employee.

8. GOVERNING LANGUAGE & COURT OF LAW
This agreement was drawn up and will be executed in the Korean language, and the Korean version of this agreement will govern and prevail over translations thereof. This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. The court of the Republic of Korea will have jurisdiction in regard to any disputes or claims arising out of, or in connection with this agreement.
The undersigned agree to observe the terms stated above. In case the above terms are violated, the contract may be dissolved.

This contract is signed in duplicate in English for each party’s perusal and keeping.


Employee’s full name (print):

Employee’s signature: __________________________________________

Employer’s full name (print):

Employer’s signature: __________________________________________

Date:


KOREAN INSTITUTE STAMP OF NOTARY PUBLIC STAMP:


This contract consists of 5 Pages.
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marsavalanche



Joined: 27 Aug 2010
Location: where pretty lies perish

PostPosted: Mon Jan 03, 2011 3:17 am    Post subject: Reply with quote

Also if you could please review this one. THANKS!:


* Contract Duration: From March 2011 to March 2012

This EMPLOYMENT AGREEMENT has been made this day March , 2011 between the above mentioned ‘Employer’, , and the above mentioned ‘Teacher’,
, under the terms and conditions set forth below.

Both parties agree on the following terms and conditions:
CLAUSE 1 (APPOINTMENT)

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

CLAUSE 2 (PERIOD OF EMPLOYMENT)

a. The total Agreement term is for one year, commencing from the first teaching day, ending on the last teaching day of the teacher's twelfth full teaching session, according to the school session calendar.
b. During the duration of this contract and without prior consent of the employer, the employer can deny a release letter to the employee seeking another job position elsewhere.

CLAUSE 3 (THE EMPLOYER’S RESPONSIBILITIES)

a. The employer is required to provide support to the teacher in his/her full capacity, 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, as stated within this contract.
c. The employer will guarantee the teacher a salary of 2.3 Korean 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’ or ‘Director’ he/she must carry out assignments as directed by the employer. The ‘Supervisor’ or ‘Director’ will be responsible for establishing and communicating the ‘Standards of Performance’ as related to the duties stated in this contract. c
b. The teacher MUST be adequately prepared for the classes in advance, preparing a detailed lesson plan for every class, every day.
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. (no t-shirts, shorts, holes in clothing, visible piercing(s), etc.)
d. The teacher’s work will include the following:
① Teaching the English to students (Target students’ ages: to )
② Develop educational programs and materials, expanding off of what is already provided in the curriculum
④ Curriculum design and implementation
⑤ Indoor/outdoor classroom activities for/with students
⑥ Level testing, grading, evaluation, and assessment of students
⑦ Providing students with individualized care
⑧ Attending teacher’s meetings, training, and workshops
⑨ Other related activities and requirements (please refer to the ‘Teachers Manual’

CLAUSE 5 (WORKING HOURS)

a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor or Director from Monday through Friday and 9:30 AM - 6 PM, and during special events.
b. Teachers will be required to attend some special events throughout the year (Workshops, graduation ceremony, etc.), which may fall on a Saturday. Teachers do not receive additional compensation for these days.
c. The teacher agrees to teach teaching hours a session, while adequately preparing for each class. (Each session is approximately one month in duration)

CLAUSE 6 (SALARY AND OVERTIME RATE)

a. 1 teaching hour is equal to minutes .
(Eg. Two 45min. lessons are equal to 1hour and 30 minutes teaching hours.)
b. The employer agrees to pay the teacher salary of Million Korean Won for teaching hours per session and preparation for classes.
c. The payment of the teachers’ salary is to be made on of each month, after the required work is completed.
d. Each teaching hour exceeding the teaching hours/session will be considered as overtime. The payment for the overtime will be Korean Won per each teaching hour.
Attendance at scheduled staff meetings and workshops, along with preparation for classes is mandatory and not considered as overtime.

CLAUSE 7 (TAX)

Income tax and inhabitants’ taxes will be withheld from the salary in accordance with the Korean laws.

CLAUSE 9 (ORIENTATION PERIOD)
a. Upon arrival in Korea, the teacher will have orientation, training, and general time to settle down, before being expected to begin his/her regular teaching work.

CLAUSE 11 (VACATION, HOLIDAYS AND SICK DAYS)

a. The teacher will be allowed holidays during national holidays, while vacation days are allowed only during the days allowed/stated in the session calendar.
b. The teacher may use up to 3 paid sick days per year provided they bring a doctor’s note from a company-recognized hospital. Any additional sick days beyond the 3 provided will be counted as absences, and the payment will be calculated according to the daily rate/hourly rate.

CLAUSE 12 (ACCOMMODATIONS)
a. The school will provide the teacher with furnished accommodation.
b. Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, wardrobe, fan, kitchen table, basic utensils, chairs, two-burner gas hot plate, and a telephone. The teacher will be expected to provide his/her own pillow, pillowcase, and sheets, etc.
c. Selection of the apartment and its location is to be made by the employer, and will be made without consulting with the teacher.
d. The deposit and monthly rent is the full responsibility of the employer.
e. Any and all other living costs are to be the full responsibility of the teacher. (All utilities: gas, electricity, telephone, cable, internet, etc.)
f. Any and all unpaid balances of services utilized while residing at the furnished apartment is the responsibility of the teacher.bills have been paid will be transferred to the teacher’s account back home two months after the termination of the contract.

CLAUSE 13 (SEVERANCE PAYMENT)

Upon completion of this one-year contract, the teacher will receive a severance payment of
Million Korean Won, equal to one month’s salaries, in accordance with Korean Laws. This payment will be made at the time of completion of the contract period and any and all income taxes are to be withheld.


CLAUSE 14 (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 according to Korean Law.
⑤ Failure to fulfill one’s duties or damaging the business operation of the school due to reasons of the teacher’s interests in employment elsewhere.
b. The employer agrees to give the employee the courtesy of 20 working days notice in the event of dismissal. However, in the case of a teacher’s criminal behavior, misconduct, or with any discretion thereof, he/she will be dismissed from employment immediately, without warning or notice. Overall, the employer reserves to right to dismiss an employee at anytime.
c. In the event the teacher resigns from employment, he/she can do so giving 30 working days notice to the employer.

CLAUSE 15 (GOVERNING LAW & JURISDICTION)
a. This Agreement is governed under the laws of the Republic of Korea and any breach of this contract, of any form, may result in prosecution through the legal system in 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.

In witness thereof, we have affixed our signatures hereon.



__________________________________________________________________ Employer Name (print & sign) Date


_____________________________________________________________________ Teacher Name (print & sign) Date


Last edited by marsavalanche on Mon Jan 03, 2011 5:11 am; edited 1 time in total
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jrwhite82



Joined: 22 May 2010

PostPosted: Mon Jan 03, 2011 4:24 am    Post subject: Reply with quote

marsavalanche wrote:
Could someone please rate this contract? Thank you!


Terms and Conditions of Employment Agreement for Full-Time Instructors


This Employment Agreement is effective by and between __________________ (hereinafter referred to as “Employer”) and _________ a citizen of __________ whose permanent address is _________________________________________________
(hereinafter referred to as “Employee”).

The employee has been selected and approved by the employer to teach at __________________, the employer and the employee, in consideration of the mutual promises and covenants contained herein, agree as follows;

1. TERM OF AGREEMENT

1.1. This agreement will commence _ Feb. 23rd , 2011_ and end on __Feb. 22nd,_2012_
1.2. The working visa issued by the exclusive agreement between the employer and the employee becomes immediately invalid when the agreement is terminated.
1.3. This agreement may be renewed by mutual consent two months prior to its expiration. Without a new agreement between the employer and the employee two months before the expiration, the employee shall be dismissed from employment when the contract expires.
1.4. If the employee or employer wishes to terminate the employment contract prior to the agreed date of expiration, which is normally a year, the employee has to pay a fine of the equivalent of the round trip airfare, which the employer has provided, as compensation for the inconvenience caused by the early termination of the contract to the students and their parents, and the school.

2. PLACE OF EMPLOYMENT
The working place (e.g., a classroom) for the employee will be determined by the employer.Employer is only allowed to place you in the school and address that is provided on your visa. This shouldn't be a big deal, but something to look out for in the future if he tries to place you in different places. You can still work in them, but he needs to update your visa with immigration.

3. DUTIES OF THE EMPLOYEE
Exception)
1) There are two vacations during the year: a summer and winter vacation. All employees should follow the school’s vacation calendar. Which are when?
2) A yearly Presentation is held on a Saturday in December each year. All the teachers are required to attend it.One Saturday. Not a big deal.
3.1. During the term of this agreement, the employee will accept, obey and comply with the instructions, supervision, training and discipline of the Director and managers of the Language Institute. These duties will include instructions for regular classes, administrative duties related to the employee’s classes, student placement testing, attendance at scheduled instructors’ meetings and workshops and extra curricular duties (such as Bus classes, Lunch-time table classes, What's a bus class and lunchtime class? Field trip etc. would be included) as may be assigned by the Director. The Director is to set the standards of performance for the employee and is empowered to take reasonable steps necessary for assuring that those standards are met.
3.2. During the term of this agreement, the employee is required to perform the work assigned to him/her by the Director for 120 teaching hours What's a "teaching hour?" A 45 minute class or an actual 60 minutes of teaching. and 180 staying hoursThat's a 45 hour week. A bit longer than usual including teaching hours for each four- week session. Working days are from Monday to Friday. (However, when make-up classes or events are necessary, teachers have to come on a Saturday as requested by the Director. It will be approximately 3~4 times a year) The word approximately should not be present in a contract when it comes to saying how many Saturdays you have to give up.
3.3. If It should say "Unless" not "If" the employee is late with reasonable excuses after obtaining permission from the Director in advance, at least one hour before the class starts, 20,000 Korean Won (hereafter KRW) will be deducted per class for which the employee is late.
However, if the employee is late, which shall be no more than 10 minutes, without notice for a class, 40,000 KRW (20,000×2) will be deducted per class affected. If the employee is late for a class more than three times a year without any notification in advance, the employment will be subjected to the termination of the employment contract. Whenever I see these crazily worded penalty clauses, warning bells start firing. What happened in the past? Seems like they had a teacher tardiness issue.
3.4. Arbitrary cancelation of classes is not permitted. If cancelation of classes is unavoidable, the employee must consult with the Director in advance. In case of sickness, e.g., unexpected accidents, and bereavement, the employee has to take steps stated in 4.5. and 4.6. in this agreement.
3.5. The employee is not allowed to work for any other organization during the term of employment.
3.6 At all times during the term of this agreement, the employee is to perform his/her work according to the curriculum and the teaching methods that have been established by the employer.
3.7 The employee understands and agrees that at all times during the term of this agreement, the Employee is to follow all the provisions of laws and regulations of the Government of Korea and any local government authorities thereof.

4 SALARY AND OTHER BENEFITS FOR THE EMPLOYEE
4.1 Salary
The Employee will be paid the total of ___2,400,000__________ KRW per calendar month. Pretty good. However, the Korean income tax and nationalpension contribution as required under Korean law will be withheld each month from the employee’s salary.It should state how much the tax is. The employee’s salary will be paid on the 25th of each month.

4.2. Severance Payment
On the condition that this contract is completely satisfied and that employment lasts for one year, a special allowance of a month salary will be paid to the employee by the employer. The severance payment which is also subject to Korean income, resident, and other taxes will be paid when the contract is completed.
4.3. Overtime Payment
Work exceeding the required amount as described in 3.2 will be considered overtime. Payment for overtime will be calculated on an hourly basis It should say a "Teaching hourly" basis if a "teaching hour" is considered 45 minutes.and will be paid 20,000 KRW per hour. In order to receive the payment, the employ must submit the Overtime Request Form to the Director prior to carrying out overtime work. The payment will be added to the monthly salary in the following month.
4.4. Sick Leave
Provided that the employee submits medical certification from the hospital designated by the employer, the employee is allowed a maximum of 3 paid sick days per year. In the event of a serious illness or accident, the employee is allowed another 5 day unpaid leave. If the employee is still incapable of fulfilling duties after the allowed period, the employee’s contract will be regarded as terminated.
4.5. Medical Insurance
The employee is to be covered by the medical insurance law. 50% of the insurance premium will be paid by monthly deduction from the employee’s salary. Sounds like you are getting real insurance. Which is nice. You should also get 4.5b added here which mentions the pension and that your employer will contribute 50% as well.
4.6. Housing
The employee will be provided with furnishedsingle housing by the employer. Any and all maintenancefees, charges, costs, taxestaxes? what housing taxes?, expenses, etc. incurred in using the housing will be borne by the employee. In case the employee would not like housing provided, he/she may request a monthly allowance of 300,000 KRW instead.Take the housing if this is your first time.
4.7. Airfare
The employer will provide a round trip airfare. If the employee or employer wishes to terminate the employment contract prior to the agreed date of expiration, which is normally a year, the employee has to pay a fine of the equivalent of the round trip airfare, which the employer has provided, as a compensation for the inconvenience caused to the students and their parents. If they fire you or you get laid off after 6 months, you should not be required to pay back incoming airfare. If you quit after 6 months you shouldn't have to payback your incoming ticket either.

5. DISMISSAL
5.1 The employer has the right to dismiss the employee for negligence of duties, misconduct, or unwillingness or inability to meet the conditions of employment as set forth in this agreement. Prior to such dismissal, the employee will be given a 30- day notice. However, illegal activities or other misconduct which has jeopardized any students, and staff members of the employer, or which damages the reputation of the employer, will be the cause for immediate dismissal without warning or time for remedy.
5.2 The employer has the right to dismiss the employee for providing any false information in related application documents.
5.3 In addition to the above two reasons, if the employer decides that there is any reason to dismiss the employee, the employer can dismiss the employee without a 30-day notice. 5.3 is ridiculous. Delete it. They can fire you for any reason and not give 30 day notice. That is somewhat illegal.

6. GUARANTEES
The employee guarantees that all facts provided by him/her in the employee’s resume, diplomas, certificates, or any other documents are true and correct.

7. INDEMNIFICATION CLAUSE
The employer shall not be responsible for any damages caused by the misconduct or negligence of the Employee.

8. GOVERNING LANGUAGE & COURT OF LAW
This agreement was drawn up and will be executed in the Korean language, and the Korean version of this agreement will govern and prevail over translations thereof. This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. The court of the Republic of Korea will have jurisdiction in regard to any disputes or claims arising out of, or in connection with this agreement.
The undersigned agree to observe the terms stated above. In case the above terms are violated, the contract may be dissolved.

This contract is signed in duplicate in English for each party’s perusal and keeping.


Employee’s full name (print):

Employee’s signature: __________________________________________

Employer’s full name (print):

Employer’s signature: __________________________________________

Date:


KOREAN INSTITUTE STAMP OF NOTARY PUBLIC STAMP:


This contract consists of 5 Pages.


With all the changes, I'd get a person who is fluent in Korean to verify the Korean version says what you want the changes to say before signing it.
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jrwhite82



Joined: 22 May 2010

PostPosted: Mon Jan 03, 2011 4:33 am    Post subject: Reply with quote

Please delete school names and people's names in your post. And delete all the Korean as well.
marsavalanche wrote:
Also if you could please review this one. THANKS!:


* Contract Duration: From March 2011 to March 2012

This EMPLOYMENT AGREEMENT has been made this day March , 2011 between the above mentioned ‘Employer’, , and the above mentioned ‘Teacher’,
, under the terms and conditions set forth below.
이 계약서는 2012년 1 월 3 일자로 윌리캠퍼스 (이하 ‘고용주’라 표현한다)과
(이하 ‘교사’라 표현한다) 사이에 아래의 규정이 적용됨을 알린다.

Both parties agree on the following terms and conditions:
양 당사자 모두 아래의 규정과 조건에 동의한다.


CLAUSE 1 (APPOINTMENT)
제1항 (임 명)

a. The employer agrees to employ the teacher during the period stipulated herein.
a. 고용주는 교사를 여기에 명기된 기간 동안 고용하기로 한다.
b. The teacher agrees to accept employment and will work in his/her full capacity for the school.
b. 교사는 고용의 수락과 최선을 다해 학원을 위해 근무할 것을 동의한다.




CLAUSE 2 (PERIOD OF EMPLOYMENT)
제2항 (고용 기간)

a. The total Agreement term is for one year, commencing from the first teaching day, ending on the last teaching day of the teacher's twelfth full teaching session, according to the school session calendar.
a. 전체 계약 기간은 1년이며, 이는 학원의 세션 학사력에 준하여 강의를 시작하는 첫째 날부터 열두번째 세션의 마지막 날까지이다.
b. During the duration of this contract and without prior consent of the employer, the employer can deny a release letter to the employee seeking another job position elsewhere.Good luck finding other work if you don't like here....
b. 교사가 계약기간 중에 고용주의 동의 없이 근무처를 이전하고자 하는 경우에는 고용주는 ‘이적동의서’의 발급을 거부할 수 있다.


CLAUSE 3 (THE EMPLOYER’S RESPONSIBILITIES)
제3항 (고용주의 책임)

a. The employer is required to provide support to the teacher in his/her full capacity, working together to provide quality English instruction under the terms stated in this contract.
a. 고용주는 이 계약서에 명시되어 있는 규정에 따라 최상의 영어 교육의 제공을 위해 상호 협조하는
지원을 교사에게 제공하여야 한다.
b. The employer will honor the terms and conditions of employment, as stated within this contract.
b. 고용주는 이 계약서에 진술된 바대로 고용 규정과 조건을 존중한다.
c. The employer will guarantee the teacher a salary of 2.3 Korean Won per teaching session in consideration of the teacher’s teaching hours and proper preparation for the classes.
c. 고용주는 교사에게 매 세션마다 강의 시간과 강의 준비 시간을 고려하여 월 230 만원을 지급한다.


CLAUSE 4 (THE TEACHER’S RESPONSIBILITIES AND DUTIES)
제4항 (교사의 책임과 의무)

a. During the terms of this Agreement, the teacher must cooperate and comply with the instructions and disciplines of the school. Assisting the ‘Supervisor’ or ‘Director’ he/she must carry out assignments as directed by the employer. The ‘Supervisor’ or ‘Director’ will be responsible for establishing and communicating the ‘Standards of Performance’ as related to the duties stated in this contract.
a. 본 계약 기간동안, 교사는 학원의 규율과 규정을 반드시 협조하고 따라야 한다. 교사는 원장(피고용 원장 포함)을 보조하여 고용주가 명시한 임무를 수행하며, 원장(피고용 원장 포함)은 계약에 진술된 규율에 관련한 규범수행에 대한 제정과 통보를 할 의무가 있다.
b. The teacher MUST be adequately prepared for the classes in advance, preparing a detailed lesson plan for every class, every day.Is this a hagwon? That's a lot of work for a hagwon.
b. 교사는 사전에 매일 구체적인 시강계획을 마련하여 철저하게 강의를 준비해야 한다.
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. (no t-shirts, shorts, holes in clothing, visible piercing(s), etc.)
c. 계약서에 명시되어있는 기간 동안 교사는 청결하고 단정한 외모를 유지해야 한다. 정장과 넥타이의 착용이 의무는 아니나, 교사의 품위에 맞는 전문인의 옷차림을 요망한다.(금지품목 : 티셔츠, 반바지, 헤진 옷, 피어싱 등)
d. The teacher’s work will include the following:
d. 교사의 직무는 다음을 포함한다.
① Teaching the English to students (Target students’ ages: to ) 영어 교육(교육 연령: 유치부 ~ 초등부 )
② Develop educational programs and materials, expanding off of what is already provided in the curriculum
③ 교육 프로그램과 교구재의 개발 및 이미 마련된 교과과정 보완 개발
④ Curriculum design and implementation 커리큘럼(교과과정) 설계와 이행
⑤ Indoor/outdoor classroom activities for/with students 학생들을 위한 또는 학생들과 함께 하는 학원 내/외 활동
⑥ Level testing, grading, evaluation, and assessment of students 레벨 테스트, 반편성, 성적 평가, 월말 평가
⑦ Providing students with individualized care 학생 개개인에 대한 지도와 관심
⑧ Attending teacher’s meetings, training, and workshops 교사회의와 워크샵 참여
⑨ Other related activities and requirements (please refer to the ‘Teachers Manual’ 그 외 학원 관련 활동과 요구사항(강사 매뉴얼 참고)


CLAUSE 5 (WORKING HOURS)
제5항 (직무 시간)

a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor or Director from Monday through Friday and 9:30 AM - 6 PM, and during special events. How many special events?
a. 계약 기간동안 교사는 책임자와 협조하여 월요일부터 금요일, 오전 9시 30분부터 오후 6시 까지 근무하며 특별한 행사에 참가한다
b. Teachers will be required to attend some special events throughout the year (Workshops, graduation ceremony, etc.), which may fall on a Saturday. Teachers do not receive additional compensation for these days.
b. 교사는 계약 기간 동안 토요일에 열릴 가능성이 있는 특별한 행사 (워크샵, 졸업식 등)에 참여한다. 교사는 해당 날에 대한 추가 임금을 받지 않는다.
c. The teacher agrees to teach teaching hours a session, while adequately preparing for each class. (Each session is approximately one month in duration)Why are all the numbers not filled in on this contract?
c. 교사는 한 세션에 시간의 강의와 해당 강의의 철저한 준비를 한다.


CLAUSE 6 (SALARY AND OVERTIME RATE)
제6항 (월 급여와 초과 임금)

a. 1 teaching hour is equal to minutes . wtf...
(Eg. Two 45min. lessons are equal to 1hour and 30 minutes teaching hours.See this is what I was saying about "Teaching hours" So when it says you are teaching 30 hours a week. Well thats a lot more than 6 classes a day. Be wary.)
a. 1시간의 강의는 분 수업으로 간주된다.
(예:두 개의 45분 수업은,1시간 30분 수업을 한 것으로 한다.)
b. The employer agrees to pay the teacher salary of Million Korean Won for teaching hours per session and preparation for classes.incomplete contract....lame
c. The payment of the teachers’ salary is to be made on of each month, after the required work is completed.
c. 급여일은 매달 5 일로 한다.
d. Each teaching hour exceeding the teaching hours/session will be considered as overtime. The payment for the overtime will be Korean Won per each teaching hour.
Attendance at scheduled staff meetings and workshops, along with preparation for classes is mandatory and not considered as overtime.






CLAUSE 7 (TAX)
제7항 (세 금)

Income tax and inhabitants’ taxes will be withheld from the salary in accordance with the Korean laws.
소득세와 주민세는 대한민국 법령에 근거하여 급여에서 제한다.




CLAUSE 9 (ORIENTATION PERIOD)
제8항 (오리엔테이션 기간)

a. Upon arrival in Korea, the teacher will have orientation, training, and general time to settle down, before being expected to begin his/her regular teaching work.
a. 국내에 도착한 후 교사는 강의를 시작하기 전 오리엔테이션 기간을 거친다.




CLAUSE 11 (VACATION, HOLIDAYS AND SICK DAYS)
제9항 (휴가와 휴일)

a. The teacher will be allowed holidays during national holidays, while vacation days are allowed only during the days allowed/stated in the session calendar.HOW MANY?
a. 교사는 학사력에 의거하여 국경일과 휴가를 제공받는다.
b. The teacher may use up to 3 paid sick days per year provided they bring a doctor’s note from a company-recognized hospital. Any additional sick days beyond the 3 provided will be counted as absences, and the payment will be calculated according to the daily rate/hourly rate.
교사는 의사의 소견서/처방전(회사가 지정한 병원 발행)을 첨부한 경우 일년에 3일을 유급 병가로 사용 할 수 있으며 그 외의 경우는 결근으로 간주된다.

CLAUSE 12 (ACCOMMODATIONS)
제11항 (숙박 시설)

a. The school will provide the teacher with furnished accommodation.
a. 학원은 교사에게 가구가 구비된 숙박시설을 제공한다.
b. Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, wardrobe, fan, kitchen table, basic utensils, chairs, two-burner gas hot plate, and a telephone. The teacher will be expected to provide his/her own pillow, pillowcase, and sheets, etc.
b. 고용주는 다음에 해당하는 비품을 제공한다: 텔레비전, 냉장고, 세탁기, 침대, 옷장, 선풍기, 식탁, 의자 (2개 이상), 기본 가제도구, 가정용 가스레인지, 전화기. 교사는 본인이 사용할 베개, 베개보, 침대보를 구비한다.
c. Selection of the apartment and its location is to be made by the employer, and will be made without consulting with the teacher.
c. 숙박 장소의 결정은 고용주가 한다.
d. The deposit and monthly rent is the full responsibility of the employer.
d. 보증금과 월세는 고용주가 부담된다.
e. Any and all other living costs are to be the full responsibility of the teacher. (All utilities: gas, electricity, telephone, cable, internet, etc.)
e. 관리비, 전화요금 및 기타 주거 설비의 사용으로 부과된 공과금(전기세, 수도세, 가스비, 케이블,
인터넷 등)은 교사가 부담한다.
f. Any and all unpaid balances of services utilized while residing at the furnished apartment is the responsibility of the teacher.bills have been paid will be transferred to the teacher’s account back home two months after the termination of the contract.This doesn't even make sense.
f. 세금 지급 후 남는 차액은 계약 종료 2달 후에 교사의 은행계좌로 송금되도록 한다.


CLAUSE 13 (SEVERANCE PAYMENT)
제12항 (퇴직 수당)

Upon completion of this one-year contract, the teacher will receive a severance payment of
Million Korean Won, equal to one month’s salaries, in accordance with Korean Laws. This payment will be made at the time of completion of the contract period and any and all income taxes are to be withheld.
1년 계약 종료 시, 교사는 한국법에 근거하여 퇴직 수당으로 1달 급여에 해당하는 금액을 추가 지급 받게 된다. 퇴직 수당은 1년 계약이 종료되는 시점에 발생하며, 소득세와 주민세를 제한 금액을 받는다.


CLAUSE 14 (DISMISSAL OR VOLUNTARY RESIGNATION)
제13항 (해고 또는 자진 퇴사)

a. The employer reserves the right to dismiss the teacher from employment for the following causes:
a. 고용주는 다음 근거에 따라 교사를 해고할 수 있다
①. Neglect or inability to perform his/her duties stipulated in this agreement
계약서에 명기된 의무에 태만하거나 불이행 시
②. Frequent absences from work
잦은 결근
③. Receiving two warning letters
두 번의 경고 편지 수령
④. Criminal behavior or misconduct according to Korean Law.
대한민국 법령상의 범죄행위나 부정행위
⑤ Failure to fulfill one’s duties or damaging the business operation of the school due to reasons of the teacher’s interests in employment elsewhere.
교사의 다른 근무처로의 구직활동으로 인하여 교사본연의 업무에 지장을 준 경우 혹은 학원운영에 지장을 준 경우.
b. The employer agrees to give the employee the courtesy of 20 working days notice in the event of dismissal.Should be 30. Funny how they don't include numbers for anything important to you. But when it's screwing you they show the numbers... However, in the case of a teacher’s criminal behavior, misconduct, or with any discretion thereof, he/she will be dismissed from employment immediately, without warning or notice. Overall, the employer reserves to right to dismiss an employee at anytime. LOL!
b. 고용주가 교사를 해고하는 경우 20일의 근무기간 전에 통보한다. 그러나 교사의 범죄행위나 부정행위 적발 시, 경고나 통보 없이 즉각 해고한다.
c. In the event the teacher resigns from employment, he/she can do so giving 30 working days notice to the employer.
c. 교사가 자진 퇴사하고자 하는 경우, 고용주에게 근무30일 전에 사전 통보한다.


CLAUSE 15 (GOVERNING LAW & JURISDICTION)
제14항 (법률과 사법)

a. This Agreement is governed under the laws of the Republic of Korea and any breach of this contract, of any form, may result in prosecution through the legal system in the Republic of Korea.
a. 이 계약서는 대한민국 법에 의거한다.
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.
b. 이 계약서는 아래에 기명한 교사와 고용주 간의 완벽한 이해와 동의 하에 어떤 실질적인 수정이나 개정이 작성되지 않는 한 확고하며 최종적임을 알린다.





In witness thereof, we have affixed our signatures hereon.
그것의 증거로서, 교사와 고용주는 여기에 서명한다.




__________________________________________________________________ Employer Name (print & sign) Date


_____________________________________________________________________ Teacher Name (print & sign) Date


PASS!!!!!!
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TheUrbanMyth



Joined: 28 Jan 2003
Location: It's not a superiority complex when you really are superior

PostPosted: Mon Jan 03, 2011 4:01 pm    Post subject: Reply with quote

jrwhite82 wrote:
[q
2. PLACE OF EMPLOYMENT
The working place (e.g., a classroom) for the employee will be determined by the employer.Employer is only allowed to place you in the school and address that is provided on your visa. This shouldn't be a big deal, but something to look out for in the future if he tries to place you in different places. You can still work in them, but he needs to update your visa with immigration.


]



Not anymore. That law has been amended as of this year. The director is now allowed to place you at any subsidiary of his hakwon. For other hakwons (i.e "farming") Immigration's permission is still required.
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jrwhite82



Joined: 22 May 2010

PostPosted: Mon Jan 03, 2011 5:28 pm    Post subject: Reply with quote

Good to know.
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offtokorea



Joined: 02 Jul 2010

PostPosted: Mon Jan 03, 2011 8:44 pm    Post subject: Reply with quote

1. 계약 기간 (Duration of Contract)
(From) 2011 년 3월 1일 부터 ~ (To) 2012 년 2 월 28 일 까지
상기 계약 만료 전 30일 이내에 새로운 근로계약이 체결되지 아니한 경우에는 당사자간 근로 계약은 합의 해지 된 것으로 본다. 계약기간 완료 전에 ‘갑’ 또는 ‘을’이 계약해지를 원할 시 상대 측에 30일전에 사전 통보하여야 한다.
This engagement shall commence upon execution of this “Agreement” and shall continue in full force and effect through [date] or earlier upon completion of the Contract duties under this “Agreement”. The “Agreement” may only be extended thereafter by mutual agreement, on or before 30 days of termination date, unless terminated earlier by “XXX” of and in accordance with this “Agreement”

USER
2. 급여 조건 (Basic Salary)
가. 기본급여 : 월 이백이십만 원 (\ 2,200,000 )
A) Basic Monthly Salary : \ 2,200,000 Korean Won
나. 퇴직금 : ‘을’이 본 계약서에서 정한 계약기간 전체를 근무하였을 때 ‘갑’은 ‘을’에게 퇴직금을 지급한다. 단 계약이 연장 됐을 시 ‘을’의 퇴직 일에 준하여 지급한다.
*퇴직금 계산 : 퇴직금의 계산은 대한민국 노동부에서 정한 기준에 따른다.
근무 일수 1년 미만의 경우 : 퇴직금 없음 USER근무 일수 1년 이상의 경우 : 내국인- 퇴직종료 직전의 마지막 3개월 세 전 임금총액 / 3개월 일수=일일 임금, 일일 임금 X 30 X 재직일수 나누기 365일 이 퇴직금으로 지급
(퇴직금 지급 시 퇴직 소득세 및 퇴직 주민세를 차감하여 지급한다)
B) Severance Allowance : “XXX” will pay the “Employee” on the date of the termination of this contract a severance allowance of \-----------Korean Won less taxes required to be withheld. Should there be renewal of the contract, severance allowance shall be paid at the end of the annual contract .
Calculation of Severance Allowance shall be under the Labor Law of Republic of Korea as below for Foreign Passport Holders:
*Less than 1 year of Employment : No Severance Allowance
**1 Year or more of Employment : Last 3 Month Gross Salary divided by 3 month total calendar dates equals to daily payroll. Daily payroll X 30 X employed dates divided by 365days equals to gross severance pay. Severance Allowance Income and Habitant Tax shall be deducted from the payment. (Tax rate provided by Tax Office February 2010)
다. ‘갑’은 ‘을’에게 대한민국 정부에서 정한 4대 보험(국민연금, 건강보험, 고용보험, 산재보험)과 주민세(지방자치단체 징수), 소득세의 원천징수세금을 공제 후 ‘을’의 급여를 지급한다.
*4대 보험 2010년 2월 기준
(Employee Benefits : Mandatory National Insurances and Pension, February2010)

다. ‘갑’은 ‘을’에게 대한민국 정부에서 정한 4대 보험(국민연금, 건강보험, 고용보험, 산재보험)과 주민세(지방자치단체 징수), 소득세의 원천징수세금을 공제 후 ‘을’의 급여를 지급한다.
*4대 보험 2010년 2월 기준
(Employee Benefits : Mandatory National Insurances and Pension, February2010)


세금(Withhold)
세율(%) Withholding Percentage from Basic Salary (%)
근로자 부담 (“Employee”)
고용주 부담(“xxx”)
고용보험(Employment Insurance)
0.45% of Gross Salary
0.45% of Gross Salary
산재보험(Workers’ Compensation Insurance)
0%
1%
국민연금 (National Pension)
4.5% of Taxable Basic Salary
4.5%of Taxable Basic Salary
건강보험 (Health Insurance)
2.665% X Taxable Basic Salary=A
A X 6.55%=B
A + B
2.665% X Taxable Basic Salary = A
A X 6.55% = B
A + B
합계 (Total)
Est. 8.2%
Est. 9.2%
*’을’의 급여에 대한 4대 보험 공제 율은 약 8.2%이다.
*소득세, 주민세 - 대한민국 정부에서 정한 표준 세율에 따라 차등 공제하며, 급여와 연봉에 따라 약 1.5%~5%까지 공제 될 수 있다.

C)“XXX” shall withhold 3 Employee Benefits (Employment Insurance, Pension, and Health Insurance) as mentioned above and taxes (Personal Income Tax and Habitant Tax) from 3 “Employee’s” salary according to the Laws of Republic of Korea.

라. 초과 근무 수당, 시간외 근무 수당, 및 기타 수당은 개별 협의하며, ‘갑’이 정한 내규에 따른다.
D) Over time and any other benefits or allowances shall be mutually agreed in separate addendum.
3. 급여의 지급 방법 (Method of Payroll)
가. 급여 : ‘갑’은 ‘을’에게 매월 1일부터 말일의 급여를 익월 5일에 지급한다. 단 5일이 공휴일 및 휴무일에 해당하는 경우, 다음 근무 일에 지급한다.
A) Salary : “XXX” shall pay the monthly salary (1st day ~ last day of the calendar date)to “Employee” on the following 5th day of each month. Shall the 5th day fall under public holiday or non- working day, salary shall be paid on the following working day.
나. 퇴직금 : ‘갑’은 ‘을’의 계약기간 만료 후 법적 지급기한인 2주일 이내에 퇴직금을 정산하여 지급한다. 단 E-2 비자 보유자에 한하여 계약만료 급여 지급일에 퇴직금을 정산하여 지급한다.
B) Severance : “XXX” shall pay the Severance Allowance to the “Employee” within 2(Two) weeks from the date of resignation (last day of the employment) accordance to the Laws of Republic of Korea. Severance Payment for E-2 visa holders exiting the country shall be paid with the last salary.
다. 급여계좌 : ‘을’은 ‘갑’이 지정한 본사의 주거래 은행과 지정한 지점에서 급여일 이전에 계좌를 만들어야 하며, ‘을’은 계좌 개설을 위해서 은행에서 요구하는 정보들을 제공하여야 한다. 급여, 수당 및 퇴직금 등의 모든 지급은 본 계좌에 한하여 지급을 원칙으로 한다.
C) Salary Bank Account : All payrolls shall be directly deposited to the designated bank account and “Employee” agrees to open an account at the bank which “XXX” appoints. “Employee” shall provide all necessary documents required to open the account.
4. 기본 근무 조건 (Basic Terms of Employment)
가. 근무일(근무시간): 주5일 근무를 원칙으로 하며, 근무 시간은 오전09:00부터 오후 17:00까지를 기본근무 시간으로 한다.
A) Regular Working Hours : From 9:00 AM to 17:00PM Monday through Friday.
나. 휴가
① 휴가 : ‘을’은 본원의 방학기간(7월과 12월에 각 5일씩 실시) 중에만 휴가를 사용할 수 있다.
② 병가 : ‘을’의 건강에 이상이 생겨 치료가 필요할 경우 년 3일의 병가를 사용할 수 있다. 병가의 사용시 병원의 진료 청구서나 약국의 처방전을 제출한다.
C) Paid Vacations
① Vacation : The Employee shall be provided with two(2) semi-yearly vacation of 5 working days each during “XXX” Summer (July) and Winter (December)Breaks only at full pay.
② Sick Leave : The Employee shall be entitled to a yearly sick leave of total three(3) working days at full pay. The Employee should get a medical bill or a prescription to hand it in “XXX”.
5. 복리후생 (Benefits)
가. 숙박제공 : 개별 협의 및 내규에 준한다.
A) Accommodation : Housing Allowance or other accommodation shall be determined based on case by case under the governance of Addendum.
나. 항공권 제공 : 개별 협의 및 내규에 준한다.
B) Airline Tickets : Airline Ticket Allowance shall be determined based on case by case under the governance of Addendum.
6. 근로 규정 (The Korean Labor Standard Act)
가. ‘갑’은 대한민국의 「근로기준법」에 근거하여 차별 없이 ‘을’에게 적용하도록 하며, ‘을’도 「근로기준법」 근거하여 근로함을 원칙으로 한다.
A) “XXX” and “Employee” shall uphold the “Korean Labor Standard Act” as an employer and employee at all times.
나. ‘을’은 ‘갑’의 근무 조건 및 규정을 성실히 지켜야 하며, 무단결근, 무단지각, 무단조퇴를 할 경우 ‘갑’은 내규에 준하여 근로 계약을 해지를 할 수 있다.
B) The “Employee” will devote full time, attention, and energies to the business of the Company. Unexcused absences, early leave and tardy shall be determined according to the “XXXs’” “Rules and Regulation” policies which may lead to termination of this “Agreement” under “XXX’s” Rights.
다. ‘을’의 의무 및 근로 원칙은 내규에 준하며 이에 위배 시 ‘갑’은 근로 계약을 해지 할 수 있다.
C) “Employee’s” duties, job description and responsibilities shall be governed under the 5 “Company Rules and Regulation” policies which has the right to determine the termination of Employment.
7. 저작권 (Copy Rights)
가. ‘을’이 제작한 영어교재 및 기타교재 (이하 ‘교재’라 칭함)의 저작권에 관한 일체의 권리와 책임은 모두 ‘갑’에게 있으며 ‘을’은 어떠한 경우에도 저작권에 대한 이의를 제기할 수 없다.
A) “XXX” shall have all copy rights to any materials that “Employee” creates and “Employee” shall not claim any rights against it. (Employee signature: )
나. ‘을’이 근무 중에 제작한 모든 자료와 교재 개발의 결과물들은 ‘갑’에게 귀속되며, ‘을’의 퇴직 후 ‘갑’의 허락 없이 무단으로 반출, 타 기관에서 사용할 수 없다.
B) “Employee” agrees, during or after the term of this employment, not to reveal confidential information, or disclose any materials to any person, firm, corporation, or entity. Should “Employee” reveal or threaten to reveal this information, “XXX” shall be entitled to an injunction restraining the “Employee” from disclosing same, or from rendering any services to any entity to whom said information has been or is threatened to be disclosed. The right to secure an injunction is not exclusive, and “XXX” may pursue any other remedies it has against the “Employee” for a breach or threatened breach of this condition, including the recovery of damages from the “Employee”. (Employee signature : )

8. ‘을’의 신상문제 (Code of Conduct)
‘을’은 계약기간 중에 ‘을’이 행한 위법 및 불법행위에 대한 책임을 지며, 이로 인해 발생하는 모든 비용을 책임진다. 또한 ‘을’이 계약내용을 불이행함으로써 ‘갑’에게 손해를 끼쳤을 경우에는 ‘을’은 그 손해에 대한 책임을 진다.
“Employee” shall hold full legal responsibility to respect and uphold the Laws and Regulations of the Republic of Korea. “Employee” shall be held fully responsible for any damage caused to “XXX” financially and legally for misconduct under the Korean Government Regulation and breach of this “Agreement”

9. 관할법원 (Settlement by Arbitration)
이 고용계약은 대한민국 국법에 의하며, ‘을’이 외국인일 경우 이 계약서에 명시되지 않은 사항은 「외국인 근로자의 고용 등에 관한 법률」과 일반적인 상관례에 준하여 원만히 처리한다. 만일, 문제가 발생하였을 경우 소송관할 법원은 ‘갑’이 정한 관할법원으로 한다.
Any claim or controversy that arises out of or relates to this agreement, or the breach of it, shall be settled by arbitration under mutual agreement within general practices in accordance with the rules of the Republic of Korea. Judgment upon the award rendered may be entered in any court with jurisdiction which “XXX” appoints.

USER이 계약은 ‘갑’과 ‘을’의 서명으로 즉시 효력을 발생하며 계약체결을 증명하기 위하여 계약서 2부를 작성, 서명한 후 각각 1부씩 보관한다.
This “Agreement” shall be validated and commences upon execution by both parties.
2011 년(Year) 1 월(Mon) 4 일(Day)



USERAddendum to the Employment Contract
1. Housing :
__ Option 1. KRW 500,000 (Five Hundreds Thousand Korean Won per month) for E2 visa holders.
1) “XXX” don’t have a responsibility for the housing of the “Employee”.
2) KRW 400,000 for F2, F4 visa holders.
__ Option 2. Residence shall be provided by the company. (KRW 500,000~KRW 550,000)
1) All maintenance and utility bills shall be paid by the individual users. "Employer" shall be free of any legal and financial responsibilities.
2) Provided residence shall be occupied for entire contract period. Should the "Employee" chooses to move out within the contract period, housing allowance shall not be provided.
3) Only the "Employee" must occupy the provided housing. If an additional guest who is not employee of “XXX” shares the living space, the "Employee" must pay 50% of the monthly rent.
4) If the “Employee” wants a particular house with a personal preference, the “Employee” has to pay an additional rent over the housing allowance above. In this case, the “Employee” should leave a notice to “XXX” before moving in.
Residence table Monthly rent
Additional Payment
KRW ~700,000
KRW 150,000; “Employee will pay more”
KRW ~650,000
KRW 100,000; “Employee will pay more”
KRW ~600,000
KRW 50,000; “Employee will pay more”
KRW ~550,000 Basic residence provided
None
KRW ~500,000 Basic residence provided
None
KRW 450,000
KRW 50,000; “XXX” will pay 50,000 won to “Employee”
KRW 400,000
KRW 100,000; “XXX” will pay 100,000 won to “Employee”
*”XXX” will pay deposit for all residences instead of “Employee”.
**e.g.) If you want a room of KRW 620,000 per month, you should pay KRW 70,000 additionally.
USER2. Airline Ticket :
1) E-2 and F-4 visa holders entering Korea will purchase their own ticket and the Employer will reimburse 700,000 won for one way ticket. E-2 visa holders exiting Korea will be funded 700,000 won for a one way airline ticket to their original port of departure. Should the "Employee" and the "Employer" mutually agree to rewrite/extend the "Contract", exiting ticket shall be provided when the actual termination takes place within two weeks.(refer to #4 provision) 8
2) Should the “Employee” leave company, or “Employer” before the contract termination, exiting ticket will not be provided.
3) E-2 visa holders hired in Korea will get reimbursement 700,000 won for the ticket to exit the country. F-4 visa holders hired in Korea will not be provided with an airline ticket; entering or exiting.
4) The “Employee” who gets not less than 70% of the Performance Evaluation can get funded 700,000 won for the exiting ticket to their original port of departure.
(See Attachment A for Performance Evaluation)
3. Special Allowance :
Head Teacher N/A Won per month
Over Time Charge \14,000 Won per hour
Other N/A / N/A Won per month
4. Quarterly Mandatory Teacher's Training Program / Annual Open School event
I hereby agree to receive the mandatory teacher's training program one Saturday per quarter and participate in the annual open school event without applying overtime payroll.
5. Unpaid Leave :
200% of daily payroll (daily payroll calculation : Ex : March-absent dates/22 working day) shall be deducted from all unapproved absent.
"Employer" has the right to refuse to approve any personal vacation/leave outside the paid vacation/leave dates.
USER6. Proper Attire Requirement :
Women : Absolutely no string strap/tang tops, mini skirt, extremely short pants, excessively exposing tops, piercing, flip-flop slippers, tattoo.
Men : No hip-hop pants, piercing, shorts, flip-flop slippers, tattoo.
"Employee" agrees to wear a given/instructed uniform/garment should an occasion is required.

USERAttachment A
Performance Evaluation Category
Score
Comments
Attendance
10
Being on time at school, class.
Teaching
20
Lesson Preparation, Accountability, creativeness
On-time On-Line Comment
20
Weekly comments to parents
Maintenance of class (*)
30
Maintain 80% of class size of March
Teamwork
10
Peer Evaluation
Cooperation & Contribution to Organization
10
Manager’s evaluation
Total
100
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jrwhite82



Joined: 22 May 2010

PostPosted: Mon Jan 03, 2011 9:07 pm    Post subject: Reply with quote

offtokorea wrote:
1. 계약 기간 (Duration of Contract)
(From) 2011 년 3월 1일 부터 ~ (To) 2012 년 2 월 28 일 까지
상기 계약 만료 전 30일 이내에 새로운 근로계약이 체결되지 아니한 경우에는 당사자간 근로 계약은 합의 해지 된 것으로 본다. 계약기간 완료 전에 ‘갑’ 또는 ‘을’이 계약해지를 원할 시 상대 측에 30일전에 사전 통보하여야 한다.
This engagement shall commence upon execution of this “Agreement” and shall continue in full force and effect through [date] or earlier upon completion of the Contract duties under this “Agreement”. The “Agreement” may only be extended thereafter by mutual agreement, on or before 30 days of termination date, unless terminated earlier by “XXX” of and in accordance with this “Agreement”

USER
2. 급여 조건 (Basic Salary)
가. 기본급여 : 월 이백이십만 원 (\ 2,200,000 )
A) Basic Monthly Salary : \ 2,200,000 Korean Won
나. 퇴직금 : ‘을’이 본 계약서에서 정한 계약기간 전체를 근무하였을 때 ‘갑’은 ‘을’에게 퇴직금을 지급한다. 단 계약이 연장 됐을 시 ‘을’의 퇴직 일에 준하여 지급한다.
*퇴직금 계산 : 퇴직금의 계산은 대한민국 노동부에서 정한 기준에 따른다.
근무 일수 1년 미만의 경우 : 퇴직금 없음 USER근무 일수 1년 이상의 경우 : 내국인- 퇴직종료 직전의 마지막 3개월 세 전 임금총액 / 3개월 일수=일일 임금, 일일 임금 X 30 X 재직일수 나누기 365일 이 퇴직금으로 지급
(퇴직금 지급 시 퇴직 소득세 및 퇴직 주민세를 차감하여 지급한다) Why is this not translated?
B) Severance Allowance : “XXX” will pay the “Employee” on the date of the termination of this contract a severance allowance of \-----------Korean Won less taxes required to be withheld. Should there be renewal of the contract, severance allowance shall be paid at the end of the annual contract . nice to not have to wait for your severance after the contract is completed.
Calculation of Severance Allowance shall be under the Labor Law of Republic of Korea as below for Foreign Passport Holders:
*Less than 1 year of Employment : No Severance Allowance
**1 Year or more of Employment : Last 3 Month Gross Salary divided by 3 month total calendar dates equals to daily payroll. Daily payroll X 30 X employed dates divided by 365days equals to gross severance pay. Severance Allowance Income and Habitant Tax shall be deducted from the payment. (Tax rate provided by Tax Office February 2010) Wow, they actually know the law.
다. ‘갑’은 ‘을’에게 대한민국 정부에서 정한 4대 보험(국민연금, 건강보험, 고용보험, 산재보험)과 주민세(지방자치단체 징수), 소득세의 원천징수세금을 공제 후 ‘을’의 급여를 지급한다.
*4대 보험 2010년 2월 기준
(Employee Benefits : Mandatory National Insurances and Pension, February2010)

다. ‘갑’은 ‘을’에게 대한민국 정부에서 정한 4대 보험(국민연금, 건강보험, 고용보험, 산재보험)과 주민세(지방자치단체 징수), 소득세의 원천징수세금을 공제 후 ‘을’의 급여를 지급한다.
*4대 보험 2010년 2월 기준
(Employee Benefits : Mandatory National Insurances and Pension, February2010)


세금(Withhold)
세율(%) Withholding Percentage from Basic Salary (%)
근로자 부담 (“Employee”)
고용주 부담(“xxx”)
고용보험(Employment Insurance)
0.45% of Gross Salary
0.45% of Gross Salary
산재보험(Workers’ Compensation Insurance)
0%
1%
국민연금 (National Pension)
4.5% of Taxable Basic Salary
4.5%of Taxable Basic Salary
건강보험 (Health Insurance)
2.665% X Taxable Basic Salary=A
A X 6.55%=B
A + B
2.665% X Taxable Basic Salary = A
A X 6.55% = B
A + B
합계 (Total)
Est. 8.2%
Est. 9.2%
*’을’의 급여에 대한 4대 보험 공제 율은 약 8.2%이다.
*소득세, 주민세 - 대한민국 정부에서 정한 표준 세율에 따라 차등 공제하며, 급여와 연봉에 따라 약 1.5%~5%까지 공제 될 수 있다. I'm not sure if these numbers are accurate.

C)“XXX” shall withhold 3 Employee Benefits (Employment Insurance, Pension, and Health Insurance) as mentioned above and taxes (Personal Income Tax and Habitant Tax) from 3 “Employee’s” salary according to the Laws of Republic of Korea.

라. 초과 근무 수당, 시간외 근무 수당, 및 기타 수당은 개별 협의하며, ‘갑’이 정한 내규에 따른다.
D) Over time and any other benefits or allowances shall be mutually agreed in separate addendum.
3. 급여의 지급 방법 (Method of Payroll)
가. 급여 : ‘갑’은 ‘을’에게 매월 1일부터 말일의 급여를 익월 5일에 지급한다. 단 5일이 공휴일 및 휴무일에 해당하는 경우, 다음 근무 일에 지급한다.
A) Salary : “XXX” shall pay the monthly salary (1st day ~ last day of the calendar date)to “Employee” on the following 5th day of each month. Shall the 5th day fall under public holiday or non- working day, salary shall be paid on the following working day.
나. 퇴직금 : ‘갑’은 ‘을’의 계약기간 만료 후 법적 지급기한인 2주일 이내에 퇴직금을 정산하여 지급한다. 단 E-2 비자 보유자에 한하여 계약만료 급여 지급일에 퇴직금을 정산하여 지급한다.
B) Severance : “XXX” shall pay the Severance Allowance to the “Employee” within 2(Two) weeks from the date of resignation (last day of the employment) accordance to the Laws of Republic of Korea. Severance Payment for E-2 visa holders exiting the country shall be paid with the last salary. Wait so is it 2 weeks or the day of?
다. 급여계좌 : ‘을’은 ‘갑’이 지정한 본사의 주거래 은행과 지정한 지점에서 급여일 이전에 계좌를 만들어야 하며, ‘을’은 계좌 개설을 위해서 은행에서 요구하는 정보들을 제공하여야 한다. 급여, 수당 및 퇴직금 등의 모든 지급은 본 계좌에 한하여 지급을 원칙으로 한다.
C) Salary Bank Account : All payrolls shall be directly deposited to the designated bank account and “Employee” agrees to open an account at the bank which “XXX” appoints. “Employee” shall provide all necessary documents required to open the account. I'd push for a KEB account. They are the most alien friendly. I've never seen a you must open your account in the bank I choose clause before. Kind of strange
4. 기본 근무 조건 (Basic Terms of Employment)
가. 근무일(근무시간): 주5일 근무를 원칙으로 하며, 근무 시간은 오전09:00부터 오후 17:00까지를 기본근무 시간으로 한다.
A) Regular Working Hours : From 9:00 AM to 17:00PM Monday through Friday.
나. 휴가
① 휴가 : ‘을’은 본원의 방학기간(7월과 12월에 각 5일씩 실시) 중에만 휴가를 사용할 수 있다.
② 병가 : ‘을’의 건강에 이상이 생겨 치료가 필요할 경우 년 3일의 병가를 사용할 수 있다. 병가의 사용시 병원의 진료 청구서나 약국의 처방전을 제출한다.
C) Paid Vacations
① Vacation : The Employee shall be provided with two(2) semi-yearly vacation of 5 working days each during “XXX” Summer (July) and Winter (December)Breaks only at full pay.
② Sick Leave : The Employee shall be entitled to a yearly sick leave of total three(3) working days at full pay. The Employee should get a medical bill or a prescription to hand it in “XXX”.
5. 복리후생 (Benefits)
가. 숙박제공 : 개별 협의 및 내규에 준한다.
A) Accommodation : Housing Allowance or other accommodation shall be determined based on case by case under the governance of Addendum.
나. 항공권 제공 : 개별 협의 및 내규에 준한다.
B) Airline Tickets : Airline Ticket Allowance shall be determined based on case by case under the governance of Addendum.
6. 근로 규정 (The Korean Labor Standard Act)
가. ‘갑’은 대한민국의 「근로기준법」에 근거하여 차별 없이 ‘을’에게 적용하도록 하며, ‘을’도 「근로기준법」 근거하여 근로함을 원칙으로 한다.
A) “XXX” and “Employee” shall uphold the “Korean Labor Standard Act” as an employer and employee at all times.
나. ‘을’은 ‘갑’의 근무 조건 및 규정을 성실히 지켜야 하며, 무단결근, 무단지각, 무단조퇴를 할 경우 ‘갑’은 내규에 준하여 근로 계약을 해지를 할 수 있다.
B) The “Employee” will devote full time, attention, and energies to the business of the Company. Unexcused absences, early leave and tardy shall be determined according to the “XXXs’” “Rules and Regulation” policies which may lead to termination of this “Agreement” under “XXX’s” Rights.
다. ‘을’의 의무 및 근로 원칙은 내규에 준하며 이에 위배 시 ‘갑’은 근로 계약을 해지 할 수 있다.
C) “Employee’s” duties, job description and responsibilities shall be governed under the 5 “Company Rules and Regulation” policies which has the right to determine the termination of Employment.
7. 저작권 (Copy Rights)
가. ‘을’이 제작한 영어교재 및 기타교재 (이하 ‘교재’라 칭함)의 저작권에 관한 일체의 권리와 책임은 모두 ‘갑’에게 있으며 ‘을’은 어떠한 경우에도 저작권에 대한 이의를 제기할 수 없다.
A) “XXX” shall have all copy rights to any materials that “Employee” creates and “Employee” shall not claim any rights against it. (Employee signature: )
나. ‘을’이 근무 중에 제작한 모든 자료와 교재 개발의 결과물들은 ‘갑’에게 귀속되며, ‘을’의 퇴직 후 ‘갑’의 허락 없이 무단으로 반출, 타 기관에서 사용할 수 없다.
B) “Employee” agrees, during or after the term of this employment, not to reveal confidential information, or disclose any materials to any person, firm, corporation, or entity. Should “Employee” reveal or threaten to reveal this information, “XXX” shall be entitled to an injunction restraining the “Employee” from disclosing same, or from rendering any services to any entity to whom said information has been or is threatened to be disclosed. The right to secure an injunction is not exclusive, and “XXX” may pursue any other remedies it has against the “Employee” for a breach or threatened breach of this condition, including the recovery of damages from the “Employee”. (Employee signature : )

8. ‘을’의 신상문제 (Code of Conduct)
‘을’은 계약기간 중에 ‘을’이 행한 위법 및 불법행위에 대한 책임을 지며, 이로 인해 발생하는 모든 비용을 책임진다. 또한 ‘을’이 계약내용을 불이행함으로써 ‘갑’에게 손해를 끼쳤을 경우에는 ‘을’은 그 손해에 대한 책임을 진다.
“Employee” shall hold full legal responsibility to respect and uphold the Laws and Regulations of the Republic of Korea. “Employee” shall be held fully responsible for any damage caused to “XXX” financially and legally for misconduct under the Korean Government Regulation and breach of this “Agreement”

9. 관할법원 (Settlement by Arbitration)
이 고용계약은 대한민국 국법에 의하며, ‘을’이 외국인일 경우 이 계약서에 명시되지 않은 사항은 「외국인 근로자의 고용 등에 관한 법률」과 일반적인 상관례에 준하여 원만히 처리한다. 만일, 문제가 발생하였을 경우 소송관할 법원은 ‘갑’이 정한 관할법원으로 한다.
Any claim or controversy that arises out of or relates to this agreement, or the breach of it, shall be settled by arbitration under mutual agreement within general practices in accordance with the rules of the Republic of Korea. Judgment upon the award rendered may be entered in any court with jurisdiction which “XXX” appoints.

USER이 계약은 ‘갑’과 ‘을’의 서명으로 즉시 효력을 발생하며 계약체결을 증명하기 위하여 계약서 2부를 작성, 서명한 후 각각 1부씩 보관한다.
This “Agreement” shall be validated and commences upon execution by both parties.
2011 년(Year) 1 월(Mon) 4 일(Day)



USERAddendum to the Employment Contract
1. Housing :
__ Option 1. KRW 500,000 (Five Hundreds Thousand Korean Won per month) for E2 visa holders.
1) “XXX” don’t have a responsibility for the housing of the “Employee”.
2) KRW 400,000 for F2, F4 visa holders.
__ Option 2. Residence shall be provided by the company. (KRW 500,000~KRW 550,000)
1) All maintenance and utility bills shall be paid by the individual users. "Employer" shall be free of any legal and financial responsibilities.
2) Provided residence shall be occupied for entire contract period. Should the "Employee" chooses to move out within the contract period, housing allowance shall not be provided.
3) Only the "Employee" must occupy the provided housing. If an additional guest who is not employee of “XXX” shares the living space, the "Employee" must pay 50% of the monthly rent.
4) If the “Employee” wants a particular house with a personal preference, the “Employee” has to pay an additional rent over the housing allowance above. In this case, the “Employee” should leave a notice to “XXX” before moving in.
Residence table Monthly rent
Additional Payment
KRW ~700,000
KRW 150,000; “Employee will pay more”
KRW ~650,000
KRW 100,000; “Employee will pay more”
KRW ~600,000
KRW 50,000; “Employee will pay more”
KRW ~550,000 Basic residence provided
None
KRW ~500,000 Basic residence provided
None
KRW 450,000
KRW 50,000; “XXX” will pay 50,000 won to “Employee”
KRW 400,000
KRW 100,000; “XXX” will pay 100,000 won to “Employee”
*”XXX” will pay deposit for all residences instead of “Employee”.
**e.g.) If you want a room of KRW 620,000 per month, you should pay KRW 70,000 additionally. That's pretty cool actually.
USER2. Airline Ticket :
1) E-2 and F-4 visa holders entering Korea will purchase their own ticket and the Employer will reimburse 700,000 won for one way ticket. E-2 visa holders exiting Korea will be funded 700,000 won for a one way airline ticket to their original port of departure. Should the "Employee" and the "Employer" mutually agree to rewrite/extend the "Contract", exiting ticket shall be provided when the actual termination takes place within two weeks.(refer to #4 provision) 8 It's better for you if they just buy the ticket themselves. See all the threads below about schools canceling contracts last minute leaving new teachers stranded with no job or living arrangements and only a plane ticket to take them one way to Korea.
2) Should the “Employee” leave company, or “Employer” before the contract termination, exiting ticket will not be provided.
3) E-2 visa holders hired in Korea will get reimbursement 700,000 won for the ticket to exit the country. F-4 visa holders hired in Korea will not be provided with an airline ticket; entering or exiting.
4) The “Employee” who gets not less than 70% of the Performance Evaluation can get funded 700,000 won for the exiting ticket to their original port of departure. This is ridiculous. Guess what happens when the boss needs to tighten the purse strings. The teachers start failing evaluations...
(See Attachment A for Performance Evaluation)
3. Special Allowance :
Head Teacher N/A Won per month
Over Time Charge \14,000 Won per hour LOL! That is way too low.
Other N/A / N/A Won per month
4. Quarterly Mandatory Teacher's Training Program / Annual Open School event
I hereby agree to receive the mandatory teacher's training program one Saturday per quarter and participate in the annual open school event without applying overtime payroll.
5. Unpaid Leave :
200% of daily payroll (daily payroll calculation : Ex : March-absent dates/22 working day) shall be deducted from all unapproved absent. Wow you have to give up 2 days of your pay for 1 day absent? You better hope he approves all your absences.
"Employer" has the right to refuse to approve any personal vacation/leave outside the paid vacation/leave dates. Notice the above clause.
USER6. Proper Attire Requirement :
Women : Absolutely no string strap/tang tops, mini skirt, extremely short pants, excessively exposing tops, piercing, flip-flop slippers, tattoo.
Men : No hip-hop pants, piercing, shorts, flip-flop slippers, tattoo. These crazy kids and their hippity-hop music!
"Employee" agrees to wear a given/instructed uniform/garment should an occasion is required.

USERAttachment A
Performance Evaluation Category
Score
Comments
Attendance
10
Being on time at school, class.
Teaching
20
Lesson Preparation, Accountability, creativeness
On-time On-Line Comment
20
Weekly comments to parents
Maintenance of class (*)
30
Maintain 80% of class size of March
Teamwork
10
Peer Evaluation
Cooperation & Contribution to Organization
10
Manager’s evaluation
Total
100


Not terrible. He seems like he knows the laws about pension and insurance. Which is a really good thing. However, some of the penalty clauses concern me. The airfare one and the absent one especially. And make sure to leave your Adidas tracksuits back home. No break dancing allowed.
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cobbles



Joined: 23 Dec 2010

PostPosted: Tue Jan 04, 2011 12:24 pm    Post subject: Reply with quote

Hi guys I am wondering if you can review this contract. it looks so simple, like it is lacking in a lot of important information. I see they want 170hours a month, isn't this a bit much? Also number 5.3 regarding working hours, is this something i should be worried about? Also article 9 says that your holidays include the institute holidays, is this fair?

Thanks guys! any advice would be great!


Employment Contract
<Purpose>
This employment contract has been made between XXXXXXX Institute, SuwonKorea, Employer and new employee. Other articles that don't exist on this contract will be followed by Labor Laws of Korea and employment regulations of the institute.


Article 1 <Employee>
* Name:
* Date of Birth:
* Passport No:
* The Present Address:

Article 2 <Period of Employment Contract>

1. Period of employment starts from the date start working at the institute which is based on the duration as below. This contract will affect until the employed teacher resigns the institute and shall be extended with a written agreement between the "Institute" and the "New employee".

Duration:

2. Employee agrees to discontinue reside in Korea under the visa status sponsored by employer after the termination of this contract.

3. Period of employment of employee beyond that is covered by this agreement must be agreed between employee and employer, in writing, at least two months before the expiration of the term of this agreement.


Article 3 <Compensation>

1. A monthly basic salary of 2.1million won will be paid for maximum 170 hours of working hours each month. Salary payments will be made on the 5th of each month after the monthly employment services is provided. However, pay day may change if it falls on weekend or national holiday. In such case the employee will be paid on the following working day.
2. Employee will be paid 30,000 Won per class (60 minutes) for over-time which excesses maximum 170 hours a month. Working on weekends or national holiday is consider over-time even when employee has worked less than 170 hours a month.

Article 4 <Working Duty>

The Employee's duties will consist of:

1. Primarily assuming the day to day teaching such and/or subjects assigned by the supervisor. Class preparation is required according to the curriculum and lesson plans which are prepared by each employee as a teacher.

2. The employee is required to work closely and follow the directions which are given by the supervisor, and observe all the details mentioned in the Teacher’s basic guideline booklet.

3. Absence from Duties: If the employee is absent from their teaching duties for reasons other than a legitimate illness, the employer is not required to recognize this as a sick day and does not required to pay the employee for that day. However, more than two times of absences without the approval of supervisor or Director may cause the employer to dismiss the employee.

4. Employee may be requested to substitute or work at the sister campus as required.

Article 5 <Working Hours>

1. Working hours
During the term of this Agreement, the employee shall be required to work well and closely with the supervisor each week from Monday through Friday (2:50p.m.~10:00p.m. or 3:50p.m.~11:00p.m.), at the times the supervisor shall direct.

2. The employer may request the employee to perform overtime in teaching duties other than minimum monthly requirement. But the employer will not have the right to require the employee to teach more than 10 hours overtime each month, unless employee consents thereto. Any hours worked exceeding the above-mentioned general hours of operations are considered as overtime hours.
The overtime hours should be pre-agreed between the employee and the employer beforehand.

3. Employee should be aware that working hours may vary one or two hours depending on the academy timetable. Nonetheless, the employee will not exceed the standard amount of working hours per day. Additionally, the employee will be notified prior of any changes.

Article 6 <Housing>

The employer shall provide a furnished living single accommodation with rent-free to employee. Furnishings provided by the Employer include; bed, blanket, pillow, two-burner gas hot plate, refrigerator, wardrobe, and washing machine. Selection of apartment will be made by the Employer. The cost of monthly service and utility bills will be paid by the employee
Article 7 <Tax >

Income tax and local government taxes will be observed from the salary according to the Korean tax law (about 3.3%).


Article 8 <Transportation>

The employer is to provide the employee with an economy class ticket (from nearest airport to teacher's house) and transportation from the airport in Korea to the employee's residence in Korea.
After completion of the one-year contract, the employee will be provided with a return ticket.
If the employee leaves the school before his/her contract period ends, the school will not pay for his/her return ticket. If the employee leaves the school before eight(Cool months period of this contract for any reason, the employee must reimburse the school the cost of the ticket the school has paid for his/her trip to Korea or the school may deduct the equivalent amount off from the employee 's last month’s salary.

Article 9 <Holidays, Vacation>
Employee will be entitled to observe national holidays and paid vacation days. There is a total of 10days which includes official institute holidays when the institute closes for summer vacation.
This is during the contract term according to a yearly schedule (January-December) provided by employer.
Regarding national holidays, employee should be aware that (he/she) may be required to work. However, another day off will be granted to the employee.

Article 10 <Medical Insurance>

Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The costs of this coverage will be paid 50% by employer and 50% by employee. The employee will pay the full amount up front and the employer will reimburse the employee as part of their salary each month on pay day. Coverage commences from date of joining the KMIU. Due to requirements from the immigration of Korea government and taxation department, coverage will commence approximately three to four weeks after arrival in Korea.

Article 11 <Severance Payment>

Dependent upon completion of the full contract period (1 year), the employee will be given an additional regular monthly salary payment. Korean severance tax will be withheld. In the event that the employee does not renew or extend employment under a subsequent employment agreement with employer, this payment will be made at the time of completion of the contract period.

Article 12 <Dismissal or Voluntary Resignation>

1. The Employer will have the right to dismiss the employee, without release statement, in case of the employee neglecting his/her duties under this Agreement, including but not limited to, more than two times of frequent absences from the Place of Employment without the approval of the supervisor, or receiving reprimand letter twice, or manifesting inability to perform the duties stated under this Agreement. Prior to any such dismissal, the teacher will be warned of dissatisfaction with performance and will be afforded at least twenty (20)working days in which to remedy the same.

2. Employer will have the right to dismiss employee for misconduct or seriously jeopardizing any student or staff person, or for involving in any criminal activities. In such instances, employer has the right under this agreement to execute immediate dismissal and no warning nor need time for remedy be allotted.
3. In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will be obligated to pay all salary due to the date of termination if all outstanding utility bills are paid for the housing.

Article 13 <Governing Law & Jurisdiction>

This agreement has been drawn up and has been executed in the English language. Therefore, the English language text of this agreement will govern and prevail over any translation thereof. 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 acknowledged and agreed upon this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures. Both Parties, "A" and "B" keep the copy of this contract which is signed both.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Tue Jan 04, 2011 5:26 pm    Post subject: Reply with quote

170 hours boils down to 8.5 each day. This means, while you expect to see 120, which represents 30 hours each week, the 170 means you will have 12.5 hours (at worst) of office time you may have to put in each week.

I would talk to any current teachers or previous teachers and find out exactly what this means. Where is dinner or a break in all of this? Let's look.

2:50p.m.~10:00p.m. or 3:50p.m.~11:00p.m

I see 7 hours and 10 minutes. So, where are the other hours being applied?

I would find out how many classes total you have to teach. After that, it's overtime or they simply let you leave earlier. The range of hours doesn't seem that bad if you don't mind losing your evenings. The good thing is you probably won't be teaching the young ones.
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jrwhite82



Joined: 22 May 2010

PostPosted: Tue Jan 04, 2011 6:04 pm    Post subject: Reply with quote

cobbles wrote:
Hi guys I am wondering if you can review this contract. it looks so simple, like it is lacking in a lot of important information. I see they want 170hours a month, isn't this a bit much? Also number 5.3 regarding working hours, is this something i should be worried about? Also article 9 says that your holidays include the institute holidays, is this fair?

Thanks guys! any advice would be great!

The 170 a month is a bit high. Most schools require 160/month in school and 120/month actually teaching. That boils down to 40 hour weeks and 30 hours teaching. I'd definetely want more info on that from them. Get a schedule from the existing teachers. Follow lifeinkorea's advice and definetely talk to the existing teachers before taking any job.

Employment Contract
<Purpose>
This employment contract has been made between XXXXXXX Institute, SuwonKorea, Employer and new employee. Other articles that don't exist on this contract will be followed by Labor Laws of Korea and employment regulations of the institute. I'd love to see those regulations of the institute before getting signing this.


Article 1 <Employee>
* Name:
* Date of Birth:
* Passport No:
* The Present Address:

Article 2 <Period of Employment Contract>

1. Period of employment starts from the date start working at the institute which is based on the duration as below. This contract will affect until the employed teacher resigns the institute and shall be extended with a written agreement between the "Institute" and the "New employee".

Duration:

2. Employee agrees to discontinue reside in Korea under the visa status sponsored by employer after the termination of this contract.

3. Period of employment of employee beyond that is covered by this agreement must be agreed between employee and employer, in writing, at least two months before the expiration of the term of this agreement.


Article 3 <Compensation>

1. A monthly basic salary of 2.1million won will be paid for maximum 170 hours of working hours each month. Salary payments will be made on the 5th of each month after the monthly employment services is provided. However, pay day may change if it falls on weekend or national holiday. In such case the employee will be paid on the following working day.
2. Employee will be paid 30,000 Won per class (60 minutes) for over-time which excesses maximum 170 hours a month. Working on weekends or national holiday is consider over-time even when employee has worked less than 170 hours a month. Ok, pretty good OT pay here, and you will get paid if you have to work on a Saturday regardless if you are under your hours. That is great. HOWEVER, 170 hours a month is a TON OF HOURS. So pretty much bank on NEVER seeing a dime of OT pay. That means you have to teach over 40 hours a week. Talk about burn out. Most schools require 30 hours of teaching per week. And that can be rough too depending on how many actual classes you have. (say 45 minute classes at 30 hours a week, that is 40 classes. You are looking at a potential 56 classes a week if it is 45 minute classes. Yikes!

Article 4 <Working Duty>

The Employee's duties will consist of:

1. Primarily assuming the day to day teaching such and/or subjects assigned by the supervisor. Class preparation is required according to the curriculum and lesson plans which are prepared by each employee as a teacher. And you have to lesson plan on top of it? That's going to take a lot of time as well. And if your day is full of classes, that is a lot of your time you will spend.

2. The employee is required to work closely and follow the directions which are given by the supervisor, and observe all the details mentioned in the Teacher’s basic guideline booklet.

3. Absence from Duties: If the employee is absent from their teaching duties for reasons other than a legitimate illness, the employer is not required to recognize this as a sick day and does not required to pay the employee for that day. However, more than two times of absences without the approval of supervisor or Director may cause the employer to dismiss the employee.

4. Employee may be requested to substitute or work at the sister campus as required. Which is where? Will transportation be provided for you to get there?

Article 5 <Working Hours>

1. Working hours
During the term of this Agreement, the employee shall be required to work well and closely with the supervisor each week from Monday through Friday (2:50p.m.~10:00p.m. or 3:50p.m.~11:00p.m.), at the times the supervisor shall direct. This means you are working 7.1 hour days. That doesn't even add up to 160 hours....something needs to be clarified here before signing it.

2. The employer may request the employee to perform overtime in teaching duties other than minimum monthly requirement. But the employer will not have the right to require the employee to teach more than 10 hours overtime each month, unless employee consents thereto. Any hours worked exceeding the above-mentioned general hours of operations are considered as overtime hours.
The overtime hours should be pre-agreed between the employee and the employer beforehand. That is good. I think Korean labor law allows directors to assign "forced OT" up to a certain number of hours, provided it is paid as OT. I'm not 100% sure on this though.

3. Employee should be aware that working hours may vary one or two hours depending on the academy timetable. Nonetheless, the employee will not exceed the standard amount of working hours per day. Additionally, the employee will be notified prior of any changes.

Article 6 <Housing>

The employer shall provide a furnished living singlenice accommodation with rent-free to employee. Furnishings provided by the Employer include; bed, blanket, pillow, two-burner gas hot plate, refrigerator, wardrobe, and washing machine. Selection of apartment will be made by the Employer. The cost of monthly service and utility bills will be paid by the employee Aircon?
Article 7 <Tax >

Income tax and local government taxes will be observed from the salary according to the Korean tax law (about 3.3%). Too high!


Article 8 <Transportation>

The employer is to provide the employee with an economy class ticket (from nearest airport to teacher's house) and transportation from the airport in Korea to the employee's residence in Korea.
After completion of the one-year contract, the employee will be provided with a return ticket.
If the employee leaves the school before his/her contract period ends, the school will not pay for his/her return ticket. If the employee leaves the school before eight(Cool months period of this contract for any reason, the employee must reimburse the school the cost of the ticket the school has paid for his/her trip to Korea or the school may deduct the equivalent amount off from the employee 's last month’s salary. I usually say 6 months, but 2 months isn't worth argueing over.

Article 9 <Holidays, Vacation>
Employee will be entitled to observe national holidays and paid vacation days. There is a total of 10days which includes official institute holidays when the institute closes for summer vacation.
This is during the contract term according to a yearly schedule (January-December) provided by employer.
Regarding national holidays, employee should be aware that (he/she) may be required to work. However, another day off will be granted to the employee. Make sure that your vacation time doesn't overlap holidays and weekends. It is so ridiculous when employers pull this scam. They give you 5 days of vacation. But then you realize that 3 of those days over lap with Korean Thanksgiving or the Lunar New Year holiday. [b]

Article 10 <Medical Insurance>

Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The costs of this coverage will be paid 50% by employer and 50% by employee. The employee will pay the full amount up front and the employer will reimburse the employee as part of their salary each month on pay day. Coverage commences from date of joining the KMIU. Due to requirements from the immigration of Korea government and taxation department, coverage will commence approximately three to four weeks after arrival in Korea. [b]What is this paying upfront bit? Kind of strange.


No mention of Pension plan either. You want that. You contribute 50% and your employer contributes 50%. Then at the end you can withdraw it and basically get roughly 300,000 for free from your employers 50% contributions. He is required by law to do this. Unless you are an independent contractor (not an "employee") This work status is questionably legal/illegal. But it happens a lot. I am certain they are doing this and trying to avoid the pension system because of the 3.3% tax rate.
Article 11 <Severance Payment>

Dependent upon completion of the full contract period (1 year), the employee will be given an additional regular monthly salary payment. Korean severance tax will be withheld. In the event that the employee does not renew or extend employment under a subsequent employment agreement with employer, this payment will be made at the time of completion of the contract period.

Article 12 <Dismissal or Voluntary Resignation>

1. The Employer will have the right to dismiss the employee, without release statement, in case of the employee neglecting his/her duties under this Agreement, including but not limited to, more than two times of frequent absences from the Place of Employment without the approval of the supervisor, or receiving reprimand letter twice, or manifesting inability to perform the duties stated under this Agreement. Prior to any such dismissal, the teacher will be warned of dissatisfaction with performance and will be afforded at least twenty (20)working days in which to remedy the same.

2. Employer will have the right to dismiss employee for misconduct or seriously jeopardizing any student or staff person, or for involving in any criminal activities. In such instances, employer has the right under this agreement to execute immediate dismissal and no warning nor need time for remedy be allotted.
3. In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will be obligated to pay all salary due to the date of termination if all outstanding utility bills are paid for the housing.

Article 13 <Governing Law & Jurisdiction>

This agreement has been drawn up and has been executed in the English language. Therefore, the English language text of this agreement will govern and prevail over any translation thereof. NICE!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 acknowledged and agreed upon this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures. Both Parties, "A" and "B" keep the copy of this contract which is signed both.


Ok, so there you have it. A few changes need to be made. The hours need to be investigated. The pension plan should be written in. The tax rate should then be adjusted. And you need more info on their vacation policy. If those 4 things check out. I'd say go for it.
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cobbles



Joined: 23 Dec 2010

PostPosted: Wed Jan 05, 2011 4:30 am    Post subject: Reply with quote

Wow jrwhite, thanks very much for your detailed input. You have pointed out so much stuff that i havent thought of. The hours and vacation conditions are bothering me at the moment. As you say i think 170 hours a month is a lot.

Have you heard of employers coming back and shortening the monthly hours? Do they actually negotiate the contract? I also heard that bills and utilities can be paid by the school. should I push for this?

Thanks again, you're helping a blind man see clearly here
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earthquakez



Joined: 10 Nov 2010

PostPosted: Wed Jan 05, 2011 5:33 am    Post subject: Reply with quote

Marsavalanche - there's a red flag that came up for me when I read the 4.6 section about housing. Do get the clause about how you're responsible for ALL fees, charges, taxes, expenses etc RE-WRITTEN.

Potentially you could be charged anything connected with the housing including the owner's taxes payable on the property. Exclamation Do not let such an inclusive list stay in your contract and make sure the Korean says the same as the English - in every clause that should be the norm. You'd be surprised how often foreign teachers get contracts that say different things in Korean as they learn to their cost. Under Korean law the Korean clauses override the English.

Getting back to the housing - all you need is to get the recruiter to have the contract simplified and with no room for imposing sneaky or debatable charges on you. Have them re-write the Korean and English to say something like "The Employee shall pay all utilities costs." That's all you need.

I know of some bad situations where foreign teachers had wet mould growing and spreading across the ceiling of the room because of leaking upstairs, toilets that were overflowing literally into the bathroom, ondols that didn't work, broken air conditioners etc and the owner of the property refused to do the repairs although the problems were either the fault of neighbours upstairs or neglect on the part of the owner to maintain the room. Evil or Very Mad The schools started pointing to the contract clauses about the teachers being responsible for all the fees, charges, taxes etc.

The teachers who stood their ground shamed their school into paying the repairs or persuading the owner to take some if not all responsibility. Those teachers who were caught off-guard by what is usual in Asia - blatant landlord evasion of responsibility with no penalty from the authorities - ended up paying from their own pockets. That kind of thing is just exploitative.

When the recruiter tells you to 'trust' them and the school say that you do but you need things to be completely clear in both Korean and English so that you can have a good relationship with your school as you and your school understand the responsibilities involved.

Cobbles - not so long ago schools would re-write some of the conditions if they wanted a teacher to come. You can try this but now with the greater numbers of applicants unfortunately employers and recruiters can virtually demand what they like and there will always be somebody to knuckle under. If they think that you really are the best person for the job they might change conditions that you don't like. But don't bet on it.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Wed Jan 05, 2011 5:40 am    Post subject: Reply with quote

Quote:
Have you heard of employers coming back and shortening the monthly hours? Do they actually negotiate the contract? I also heard that bills and utilities can be paid by the school. should I push for this?


Please read my comment after your post. 170 is probably not in reference to teaching time. Don't get too worried about this. If the school is worth working at they will explain to you a sample day. What happens is these schools want you available and office hours are included. They just want to be able to manage you within those hours. In your case 170. This could easily include break time along with office hours, making your teaching time more on par with the norm.

In short, FIND OUT THE TOTAL NUMBER OF CLASSES. The hours are not a good way to gauge the prospect of a job.
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jrwhite82



Joined: 22 May 2010

PostPosted: Wed Jan 05, 2011 6:15 am    Post subject: Reply with quote

cobbles wrote:
Wow jrwhite, thanks very much for your detailed input. You have pointed out so much stuff that i havent thought of. The hours and vacation conditions are bothering me at the moment. As you say i think 170 hours a month is a lot.

Have you heard of employers coming back and shortening the monthly hours? Do they actually negotiate the contract? I also heard that bills and utilities can be paid by the school. should I push for this?

Thanks again, you're helping a blind man see clearly here


Yeah the hours could be a deal breaker...or they could be nothing. A 42.5 hour week is not at all bad. But like, lifeinkorea is saying, it depends on how many classes you have. If those 42.5 hours is full of classes, that is going to suck. But if you only teach 6 or 7 45 minute classes. And the rest of the time is planning, meal breaks, class breaks. That is not so bad.

I would not count on them shortening the hours. But I would count on them explaining the way your day should be broken down. Talk to an existing teacher to confirm what they tell you. Some things are negotiable. Many teachers get AC to their apartment, some get higher pay (if qualified for it), some get the employers to write in the pension system, most get them to correct the tax number when its wrong. So yeah, they do get things added. But you have to be realistic. Most of the stuff you are asking for (pension, explanation of hours, a fair vacation policy) are either required by law, common sense, or a basic offer from every other employer. These things should not be hard to get. Asking them to pay your bills might be a hard sell. I don't know many people who get that. And someone who is taking their first job, in this competitive job market, you probably won't get something like this.
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