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



Joined: 18 Aug 2012

PostPosted: Wed Nov 21, 2012 10:01 am    Post subject: Reply with quote

ibeattheborg wrote:
6 days a week! I guess that somebody has to work these jobs. But I wouldn't worry about the overtime rate because you really won't want any on top of those hours. 6-day weeks can be tough in a teaching environment.

I'm a bit worried about that. Hopefully they don't make me work overtime too often. Confused Luckily I'm not on an E2 visa, so I'll have an easier time if it's too much too handle.
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quails



Joined: 24 Sep 2012

PostPosted: Fri Nov 23, 2012 12:02 pm    Post subject: Reply with quote

Any red flags in this contract? The salary is 2.1 million and the classes run from ten to six or seven M-F, according to the recruiter and director who interviewed me.
---
This contract is made for the purpose of setting forth the terms and conditions of employment for the Instructor to perform services as a teacher at the academy indicated above. Note that for the purposes of this contract, Korea, South Korea, and the Republic of Korea all refer to The Republic of Korea.

1. Employment, Visa, Documents
a. The Employer hereby agrees to employ the Instructor to teach the English language to Korean learners, as described herein below. The Employer hereby agrees to provide the instructor with an appropriate employment visa (E-2) and the Instructor hereby declares that s/he possesses the documents required to obtain said visa and agrees to make these documents available to the employer upon request at any time during the contract period. The employer will not hold any of these documents for more than the time required to satisfy appropriate Korean government officials.
b. The employer is responsible for the costs associated with applying for a visa for the Instructor that are incurred in Korea. The instructor is responsible for the visa fee charged by Korean Consulates and Embassies, medical examination fees, criminal record check fees, and the cost of sending required documents to Korea.

2. Contract Term
The term of this contract is one full year, beginning with the Instructor’s first teaching day at the Employer: The contract term is from _________ to __________. The employer reserves the right to have the instructor work until the end of the month that they started as to facilitate a smooth transition when an instructor leaves. This means an instructor may be required to work up to one year and a maximum of 30 additional days. The contract may be renewed or extended with the agreement of both parties. The instructor will indicate his/her interest in renewing or extending the contract, in writing, at least two calendar months before its termination. The employer will indicate acceptance or rejection of the Instructor’s interest in renewal or extension within five business days. Both parties may then re-negotiate this contract as they see fit.

3. Teaching and Related Duties
a. The instructor will behave professionally and will strive to uphold the reputation of the employer while conducting classes, interacting with students and parents, and while interacting with the community in general.
b. The instructor will be required to work five days per week, Monday to Friday, unless both parties agree otherwise. No regular schedule of work hours can be guaranteed to employee.
c. The Instructor will teach 120 hours per month. Each hour is equal to 60 minutes of classroom instruction. The daily schedule will be set by the institution.
d. The Instructor is required to adequately prepare for all classes and devote the time required to complete the preparatory and administrative tasks that are normally associated with teaching the English language. These include, but are not limited to:
i. Conducting classes as scheduled
ii. Supplementing Employer-provided materials where necessary and appropriate.
iii. Curriculum development.
iv. Weekly, monthly or term student assessment and evaluation.
v. Level placement.
vi. Communicating and cooperating with Korean teachers and/or administration as necessary for the maximum possible benefit of students.
vii. Attendance at meetings, workshops, and special events as reasonably required by the Employer.
viii. Completion of lesson plans.
e. The Instructor is expected to dress appropriately when present at the school or when engaged in any Employer-related activities. In most cases, beach wear, T-shirts, jeans, running shoes, sandals, short pants, hats and skirts above the knee are not acceptable. In addition, Instructors should be clean-shaven and should keep their hair neatly styled. Visible tattoos and piercings (other than single ear piercings) are not acceptable. The Employer reserves the right to inform instructors of unacceptable attire/appearance. The instructor hereby agrees to follow the Employer’s directives in this regard.

4. Salary
The Employer will pay the Instructor a monthly salary of ____________KRW. “Month” and “Monthly” refer to a session (20 days) of the [school] calendar. This salary will be paid in full, but will be required to make up hours through extra work projects if their monthly hours fall below the 120 hour threshold as outlined in Section 3C. These extra work projects are outside of normal preparation for the instructor’s classes. Salary will be paid no later than the 15th day of the month following the month worked.

5. Overtime
The employer will have the authority to require employee to perform any classroom duties in excess of minimum teaching requirement (such excess hereinafter call “overtime”). Overtime will be paid at a rate of 18,000 KRW per hour. Only teaching hours in excess of the minimum teaching requirement and approved by the employer are considered overtime.

6. Severance Pay
a. Upon completion of the full contract term, the Employer will pay the Instructor one full month’s salary (____________ KRW).
b. If the Instructor leaves the Employer voluntarily at any time during the contract, no severance will be paid.
7. Air Transportation
a. The Employer will provide air transportation from the Instructor’s point of hire to Korea. The ticket will be provided directly to the Instructor. Upon completion of the full contract term, return air transportation to the point of hire will be provided. Air tickets cannot be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air tickets which are not used by employee.
b. If the Instructor is dismissed or leaves the Employer voluntarily for any reason at anytimeduring the contract, s/he will reimburse the Employer for the cost of air transportation to Korea. The Employer will provide a receipt from the travel agency from which the ticket was purchased. The instructor may also be required to pay back any fees associated with their hiring including visa fees and recruiting fees.

8. Housing:
a. The Employer will provide the Instructor with either a single studio apartment or a private bedroom in an apartment shared with (an)other instructor(s). Furniture provided includes a refrigerator, an A/C, a gas range, a washing machine, a TV, a table suitable for meals, (a)Western-style bed(s), and (a) wardrobe(s). The employer reserves the right to charge the instructor for any damage to the apartment or the furniture provided.
b. The Employer is responsible for paying the rent and associated rental-costs for the apartment. The Instructor is responsible for paying his/her share of all bills and connection fees, including electricity, water, gas, cable, internet and telephone. If the building charges a security or maintenance fee, this is also the instructor’s responsibility.
c. In the event of an apartment-related dispute between Instructors sharing an apartment, the Employer reserves the right to make a final decision. The Employer reserves the right to deduct unpaid utility bills or the costs of avoidable damage to the apartment, from the Instructor’s salary at any time throughout the term of the contract.
d. The Employer reserves the right to withhold 600,000 KRW from the Instructor’s salary for the first three (3) months of this contract agreement, for the purpose ofpaying utility bills that have not been received, or remain unpaid, at the end of the contract period and to hold as a damage deposit on the apartment and its contents. The balance remaining after all bills and damages have been paid will be transferred to a bank account designated by the Instructor within 30 business days of the end of the contract period.

9. Holidays and Vacation
In addition to the usual national holidays, the Instructor will be given several working days of vacation, to be taken at the discretion of the school director. The distribution of these days will result in 10 work days per year.

10. Sick Days, Emergency Leave, Other Absences
a. The Instructor will be granted up to 2 paid sick days during the contract period. The Instructor must provide proof of a visit to a doctor in order to be paid for any sick day.
b. The Instructor will be granted up to 7 consecutive days (including weekends) of emergency leave if a member of the Instructor’s immediate family dies, sustains life-threatening injuries, or becomes life-threateningly ill, during the contract period. For the purposes of this contract, immediate family includes parents, grandparents, siblings, children, spouse, or common-law partner. This leave is unpaid. Proof of an above-described situation may be requested by the Employer. The Instructor agrees to provide as much notice as possible when requesting such leave.


11. Medical Insurance / Conditions
a. The Employer will enrol the instructor in the Korean National Health Insurance Plan. The cost of premiums will be shared by the Instructor and the Employer at the rates stipulated by the Government of Korea. Currently, this rate is about 5% of the instructor’s salary, shared by each party.
b. The Instructor understands that extended periods of illness and/or serious injury that results in an extended inability to perform the duties of employment may seriously harm the Employer’s business and may result in termination of the Instructor’s employment.

12. Termination of this Contract
a. The Instructor agrees to provide a minimum of 45business days’ written notice of their intention to terminate this contract for their own personal or business reasons. In this event, all outstanding salary will be paid minus any withholding amount as outlined in section 8d within 7 days after the last teaching day.
b. In the event that an unusual number of students or parents complain about the Instructor’s classes, or if there is a noticeable decline in enrollment that can be reasonably attributed to the Instructor and their teaching methods, the Instructor will be formally notified of such.
c. The Employer reserves the right to terminate the Instructor’s employment immediately, for the Instructor’s behavior as follows:
i. Repeated absences or tardiness without valid excuses.
ii. Failure to comply with school policy or the instructions the Employee’s director or supervisor.
iii. Unethical or immoral conduct.
iv. Unauthorized paid teaching or other employment for any entity or individual(s) other than the Employer.
v. Use of alcohol, or any other intoxicant or, which has a noticeable and negative impact upon the execution of the Instructor’s duties, or which has a substantially negative impact upon the reputation of the Employer.
vi. Violation of the laws of the Republic of Korea (South Korea).
vii. Any behavior that threatens the physical safety or security of students or Employer staff.
viii. Activities or actions those are detrimental to the effective operations of the employer’s business.

13. Venue for Disputes
While both parties enter into this agreement with honesty and integrity, disputes may sometimes occur. In such cases, both parties will be bound by all the terms and conditions of this contract and will try to resolve their differences in a manner that is fair to both parties and results in the least inconvenience to both. In the event that no solution can be found and either party decides to terminate this contract, each must do so in accordance with Section 11. Upon such termination of employment or dissolution of this contract, both the Instructor and the Employer agree to behave in a respectful, civil manner and refrain from activities that may damage the reputation of either party.
14. Good Faith
The Employer and the Instructor enter into this agreement with good faith. Each will consider the welfare of the other in execution of his/her respective duties. The Employer will not dismiss the Instructor without what reasonably is considered good cause, and the Instructor will do his/her best to fulfil all the responsibilities and meet all the conditions as described in this agreement.
15. Changes to this Contract
The Employer and the Instructor have read and understood the entirety of this Employment Contract. No other verbal agreement, statement or promise made on or before the effective date of this contract will be binding on either party. Any changes made must be in writing and signed by both parties to be included in this contract. Any changes made to this contract, whether verbal or other, without the knowledge and written consent of both parties are to be considered invalid, and as such will not part of this contract.
16. Transfer of this Contract
Under no circumstances will the Employer exchange, give, sell, or transfer this contract, or the services of the Instructor, to another party or Employer without the written consent of the Instructor.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Fri Nov 23, 2012 6:35 pm    Post subject: Reply with quote

Quote:
The employer reserves the right to have the instructor work until the end of the month that they started as to facilitate a smooth transition when an instructor leaves. This means an instructor may be required to work up to one year and a maximum of 30 additional days.


This one is a bit confusing. Normally, this is not in contracts, and I would not want this. There are 2 things.

1. Some schools have had 1 week conditions where you spend your last week with a teacher replacing you. I never understood this. Where do you both sleep? They just have a second bed? Usually these apartments are small, so I wonder how that would be arranged.

2. In your case, they want to add time to the yearly contract. I don't see anything special yet that would make me sign a contract for 13 months.

The part about re-signing is normal, but if the school wants you after the 2 month period starts you can still teach another year. This is another one I don't understand why is in contracts. Normally, I decide around the 1 month mark. Others may be different. It's not wrong, but just keep in mind you don't have to do this for immigration. It's purely an employer request which they can waive.

Quote:
c. The Instructor will teach 120 hours per month. Each hour is equal to 60 minutes of classroom instruction. The daily schedule will be set by the institution.


Usually, it's 40-50 minutes. So, you are giving 1,200 minutes (20 hours) of extra teaching per month. If this is in exchange for no office work, then no problem. However, you still have to prepare at home. I would question them on this and make sure they meant 60. If you are new to teaching, you will have a lot of preparation time. Do you really want to do this and give up 360,000 won/month of potential overtime pay?

Quote:
The Employer will pay the Instructor a monthly salary of ____________KRW. “Month” and “Monthly” refer to a session (20 days) of the [school] calendar. This salary will be paid in full, but will be required to make up hours through extra work projects if their monthly hours fall below the 120 hour threshold as outlined in Section 3C. These extra work projects are outside of normal preparation for the instructor’s classes. Salary will be paid no later than the 15th day of the month following the month worked.


This is terrible. They want to add extra work if you don't meet their inflated demands, and then even if you do they won't compensate you until you have worked 1.5 months. It is you that should be seeking a security deposit (I will comment more on this later), not them. I try to get it on the 5th or earlier, before the 10th if they really need it on a case by case basis.

What if they are late paying you?

Quote:
b. If the Instructor is dismissed or leaves the Employer voluntarily for any reason at anytimeduring the contract, s/he will reimburse the Employer for the cost of air transportation to Korea.


Usually, after 6 months, you don't need to do that.

Quote:
a. The Employer will provide the Instructor with either a single studio apartment or a private bedroom in an apartment shared with (an)other instructor(s).


Do you really want this? This is how it will work. The new teacher will move into the area the other teacher lived in, and then you will move out. Another teacher will move in then and take your place.

Your choice on this issue. I personally don't like it.

Quote:
The Instructor is responsible for paying his/her share of all bills and connection fees, including electricity, water, gas, cable, internet and telephone.


If you do go ahead with this, how do they calculate the above mentioned then? Pretty precarious I'd say. Another reason why I don't agree to these arrangements. At least this school is giving me a chance to address a lot of bad points in contracts that come up from time to time.

Quote:
c. In the event of an apartment-related dispute between Instructors sharing an apartment, the Employer reserves the right to make a final decision.


They are already preparing for problems? Hmm, they didn't learn it the first time?

Quote:
d. The Employer reserves the right to withhold 600,000 KRW from the Instructor’s salary for the first three (3) months of this contract agreement, for the purpose ofpaying utility bills that have not been received, or remain unpaid, at the end of the contract period and to hold as a damage deposit on the apartment and its contents.


So, they will have 3,000,000 won (2.1 salary and 900,000 security deposit) before the 15th. Are you really going to use up that much in bills? Why do they need to hold on to all this money after you finish one month of work? If they are so good and playing musical chairs with the shared room situation, why can't they look at your bills at the end of the month, charge you and then pay you the difference from the 2.1 salary?

900,000 is a bit much also. Public school jobs sometimes do this, but typically it's about 300,000. There is really no need to hold on to that much money. It means between you and your roommate, they have 6,000,000 won. You guys could get your own place and not be under their reins. Maybe it is good for couples though, I haven't considered this. Still, it should go down to like 600,000/month and earlier pay date before I would start looking at the other bad clauses in this contract.

Quote:
In addition to the usual national holidays, the Instructor will be given several working days of vacation, to be taken at the discretion of the school director. The distribution of these days will result in 10 work days per year.


The last sentence says it all. This means these days will quite likely not be consecutive days. For some, this is a big issue. They don't want 1 day off 10 times through the year. They want to spend usually 5 in winter and 5 in summer where these are consecutive.

This one is the last issue to worry about, get the other stuff squashed, and if they magically say yes then bring this up. However, this is not a good contract and it will be hard to make the appropriate changes.

Quote:
Currently, this rate is about 5% of the instructor’s salary, shared by each party.


Seems high. Another one to add to the list.

Pass on this one and see what else is available. You are sure to do better. You should be able to get a single housing apartment, 2.1 salary, pay before the 10th (if not 5th), less deductions, less working time, and none of the extra stuff they mentioned in another job offer.
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quails



Joined: 24 Sep 2012

PostPosted: Mon Nov 26, 2012 2:31 pm    Post subject: Reply with quote

YTMND wrote:
Quote:
c. The Instructor will teach 120 hours per month. Each hour is equal to 60 minutes of classroom instruction. The daily schedule will be set by the institution.


Usually, it's 40-50 minutes. So, you are giving 1,200 minutes (20 hours) of extra teaching per month. If this is in exchange for no office work, then no problem. However, you still have to prepare at home. I would question them on this and make sure they meant 60. If you are new to teaching, you will have a lot of preparation time. Do you really want to do this and give up 360,000 won/month of potential overtime pay?


The classes themselves are 40-50 minutes. It doesn't seem unusual to me to teach 6 hours a day/20 days a month. This is the fourth contract I've been offered since I started looking for a job, and all of them say pretty much the same thing. Is this a problem with the recruiters I'm using, do you think?

Quote:
Quote:
The Employer will pay the Instructor a monthly salary of ____________KRW. “Month” and “Monthly” refer to a session (20 days) of the [school] calendar. This salary will be paid in full, but will be required to make up hours through extra work projects if their monthly hours fall below the 120 hour threshold as outlined in Section 3C. These extra work projects are outside of normal preparation for the instructor’s classes. Salary will be paid no later than the 15th day of the month following the month worked.


This is terrible. They want to add extra work if you don't meet their inflated demands, and then even if you do they won't compensate you until you have worked 1.5 months. It is you that should be seeking a security deposit (I will comment more on this later), not them. I try to get it on the 5th or earlier, before the 10th if they really need it on a case by case basis.

What if they are late paying you?

Quote:
b. If the Instructor is dismissed or leaves the Employer voluntarily for any reason at anytimeduring the contract, s/he will reimburse the Employer for the cost of air transportation to Korea.


Usually, after 6 months, you don't need to do that.

Just emailed to ask about both of these things.

Quote:
Quote:
a. The Employer will provide the Instructor with either a single studio apartment or a private bedroom in an apartment shared with (an)other instructor(s).


Do you really want this? This is how it will work. The new teacher will move into the area the other teacher lived in, and then you will move out. Another teacher will move in then and take your place.

Your choice on this issue. I personally don't like it.

Quote:
The Instructor is responsible for paying his/her share of all bills and connection fees, including electricity, water, gas, cable, internet and telephone.


If you do go ahead with this, how do they calculate the above mentioned then? Pretty precarious I'd say. Another reason why I don't agree to these arrangements. At least this school is giving me a chance to address a lot of bad points in contracts that come up from time to time.

Quote:
c. In the event of an apartment-related dispute between Instructors sharing an apartment, the Employer reserves the right to make a final decision.


They are already preparing for problems? Hmm, they didn't learn it the first time?

I've been told they have both shared and single accommodation. I asked if they will change the contract to guarantee single for me.

Quote:
Quote:
d. The Employer reserves the right to withhold 600,000 KRW from the Instructor’s salary for the first three (3) months of this contract agreement, for the purpose ofpaying utility bills that have not been received, or remain unpaid, at the end of the contract period and to hold as a damage deposit on the apartment and its contents.


So, they will have 3,000,000 won (2.1 salary and 900,000 security deposit) before the 15th. Are you really going to use up that much in bills? Why do they need to hold on to all this money after you finish one month of work? If they are so good and playing musical chairs with the shared room situation, why can't they look at your bills at the end of the month, charge you and then pay you the difference from the 2.1 salary?

900,000 is a bit much also. Public school jobs sometimes do this, but typically it's about 300,000. There is really no need to hold on to that much money. It means between you and your roommate, they have 6,000,000 won. You guys could get your own place and not be under their reins. Maybe it is good for couples though, I haven't considered this. Still, it should go down to like 600,000/month and earlier pay date before I would start looking at the other bad clauses in this contract.

I think you might have misread, because it is 600,000, not 900,000. Do you think that's too much? I would prefer no deposit, but again, every contract I've been offered so far has had something similar, so I don't know if I can be picky about it.

Quote:
Quote:
Currently, this rate is about 5% of the instructor’s salary, shared by each party.


Seems high. Another one to add to the list.

Do you know what it should be? I've been looking online to figure out what the rates should be, and the information out there is really inconsistent.

Quote:
Pass on this one and see what else is available. You are sure to do better. You should be able to get a single housing apartment, 2.1 salary, pay before the 10th (if not 5th), less deductions, less working time, and none of the extra stuff they mentioned in another job offer.


Thanks for taking the time to review this contract for me! If they change the things I mentioned above, do you think it's reasonable, or should I keep looking?
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Tue Nov 27, 2012 9:00 am    Post subject: Reply with quote

Quote:
Is this a problem with the recruiters I'm using, do you think?


The contract states, "Each hour is equal to 60 minutes of classroom instruction."

The problem lies in the contract. If you want to gamble on phone promises that state otherwise, that's your choice.

Quote:
Do you think that's too much?


600,000 isn't much, but you have to look at the whole contract. You can't judge the job based on one debatable sticky point.

Make a list of the worst parts, then address them one by one with the school. If you tell them all at once then you might lose the deal. They might think there are too many changes you are requesting. I ask about the worst thing that affects me, then I go down the list.

Things like correcting the teaching hours and guaranteeing a single room are obviously things they can change and send you the updated version of the contract.

Quote:
Do you know what it should be?


My understanding is 3.3% is the highest these schools usually try to get and then they put you down as an independent contractor which doesn't give you as many benefits as an employee. It should be more like 1.3% http://www.esljobs.com/korea/english-school-in-ulsan-the-east-coast-of-korea-2/

It's from 2008, but I doubt the % would go up 3.7%!!!! If you want to pay more than 3 times the amount, your choice.

Quote:
If they change the things I mentioned above, do you think it's reasonable, or should I keep looking?


Again, it's not the "things" you should be concerned about. It should be the contract. They gave you a terrible contract, you requested "things" to be changed. Now, you must sit back and wait with them until they send you an updated contract. They might make changes of their own in addition to what you requested. You need to look at the contract after they make the changes and start over with it assessing whether or not it is good.

While you wait, of course, look at other offers. You don't have to take them if the new contract for this job is what you want.
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quails



Joined: 24 Sep 2012

PostPosted: Tue Nov 27, 2012 10:48 am    Post subject: Reply with quote

YTMND wrote:
The contract states, "Each hour is equal to 60 minutes of classroom instruction."

The problem lies in the contract. If you want to gamble on phone promises that state otherwise, that's your choice.

Yes, you are definitely right on that, but I think we're misunderstanding each other. The contract says one hour = 60 minutes of teaching. 120hrs/20days = 6hrs/day = 360min/day. If each class is 40-50 minutes, that means they expect 8-9 classes a day. The current teacher I spoke to says she does kindy in the morning and 3-5 classes in the afternoon. Is that more than I should agree to?
Quote:
You need to look at the contract after they make the changes and start over with it assessing whether or not it is good.

While you wait, of course, look at other offers. You don't have to take them if the new contract for this job is what you want.

Thanks again for all your help! If they change the contract, I will post the new one... If not, I'll probably be back again soon with one from another offer for review.
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Tue Nov 27, 2012 11:10 am    Post subject: Reply with quote

Quote:
The contract says one hour = 60 minutes of teaching. 120hrs/20days = 6hrs/day = 360min/day. If each class is 40-50 minutes, that means they expect 8-9 classes a day.


That's 40+ classes. This is not to be compared to 40 hour work weeks back in your home country. The average is 25 classes, 40-50 minutes with 5 office hours. Some schools try to get 30 and then tack on office hours, others are friendlier and just expect you to be prepared for 30 classes. For me, that is definitely the limit. I wouldn't do a 2.1 job with more classes.

The contract states 60 minutes of teaching. It is naive to assume they will look at 2 hours of teaching as 3 classes (and if that is the case, then shouldn't you get paid more?). If the contract says 1 hour of teaching, then you will need to teach 3 hours for 3 classes. If this is not what the school is expecting, then why have it state 1 class hour = 60 minutes? They should correct it then.

Quote:
The current teacher I spoke to says she does kindy in the morning and 3-5 classes in the afternoon. Is that more than I should agree to?


I don't know what "does kindy" means. If you are doing 4 classes in the afternoon, 40-50 minutes, then that's 20/week. So, using the 25 class guideline this leaves 5 hours, 1 hour a day for "doing kindy". I assume you will have at least 2 kindy classes, so that is 5 more classes than the average. Your choice. If they want 60 minute classes, then you will be doing 20 classes * 20 extra minutes = 400 minutes = 6.66 extra hours without pay.

Do you want to do 11.666666666 more classes (without getting paid 839,999.9952 won/month)? Your choice.

Added on to this, your schedule is now understood as a split shift schedule if you go in the morning and then come back in the afternoon. While they aren't all bad, it means your availability is longer than the actual work to pay ratio. This is another negative aspect when you take the other variables into consideration. If we had a better contract, then this split shift schedule wouldn't seem so bad.

It's hard to tell because we don't have an updated contract spelling out what they really want. If 1 class is 40-50 minutes that would help. The other variables need to also be clarified. If they are willing to make the changes then you should wait for the updated contract as it pertains to them. Look at other school offers. It shouldn't be hard to get a better offer which is spelled out in the contract.
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ibanezhomie



Joined: 07 Jun 2012

PostPosted: Wed Nov 28, 2012 4:39 am    Post subject: Reply with quote

How does this contract look?


Employment Contract
- 고용계약서 -





POSITION: English Instructor
포지션: 영어 강사





Here after to be referred to as the
Employer.

(이후로는 고용주라 명함)
EMPLOYEE
(피고용인)

1. Employee's name

 


2. Address

 

 


Here after to be referred to as the
Employee.

(이후로는 피고용인이라 명함)





The parties agree as follows:
양쪽은 다음과 같은 내용에 동의한다

1. TERM OF CONTRACT (계약 기간)

This contract will be valid for a period of 12months beginning Dec, , 2012 and will finish Dec, _,2013 .
(※ Starting date's up to your arrival )

본 계약서는 2012년 12월 일 부터 2012 년 12월 일 까지 12개월 기간 동안 유효하다.
(※ 시작일은 강사의 도착 일에 따라 달라짐. )


2. CONDITIONS OF EMPLOYMENT (고용 조건)

a). The Employee will act in an appropriate professional manner and be responsible for conducting professional English Language classes.
피고용인은 적합한 직업의식을 갖추어 전문적인 영어 수업진행에 임할 책임이 있다.

b). The Employee will be required to work for regularly scheduled hours from Monday to Friday, Each teaching hour in excess of 30 hours a week is considered as overtime.
피고용인은 월요일부터 금요일, 주 30시간 5일 근무를 원칙으로 하며, 이상은 오버타임으로 적용된다.

c). Classes and teaching hours are scheduled at the institute's sole discretion.
수업시간은 학교의 상황에 맞춰 계획된다.

d). The Employee is required to go through an orientation and training program before starting Employment.
피고용인은 고용된 후 첫 근무일 전에 오리엔테이션과 교육을 받아야 할 의무가 있다.
3. SERVICES PROVIDED BY THE EMPLOYER
(고용주의 의무 이행 사항)

a). PAYMENT & TAX (급여 지급과 세금)
The Employer will pay a monthly salary of 2.1 million won for regularly scheduled hours which we mentioned on the page 2.
(Payment of salary commences from the first day of teaching.)
고용주는 피고용인에게 매 달 page 2에서 언급된 정상적인 근무시간에 대한 용역 제공에 대하여 매 달 210 만원의 급여를 지급한다.
(급여는 가르치기 시작한 첫날부터 계산된다)

b). The Employer may ask the Employee to work overtime (the Employee has an option to refuse and will not be forced), and if the Employee chooses to do overtime, the Employer will pay for the overtime at the rate of __18.000___ won.
고용주는 피고용인에게 정상적인 시간외 근무를 요구할 수도 있으며 (피고용인은 고용주의 요구를 거절할 수도 있으며 강요 당하지 않을 것) 피고용인이 시간외 근무에 동의하였을 경우 고용주는 시간당 18.000 원을 지급한다.

c). The employee salary will be paid on the _ 10_th of each month.
피고용인은 매달 _ 10 _일에 급여를 지급 받는다.

d). Tax for income (3.3%of monthly salary) will be deducted from the salary according to the Korean tax law, and The Employer will provide the Employee the receipt for this.
피고용인의 월급에서 한국 세법에 따라 3.3% 의 세금을 공제하며, 고용인은 이에 대한 영수증을 제공한다.

4. HOUSING (주택 제공)

The Employer will provide the Employee a furnished Single housing and the Housing will be provided at no cost to the Employee with the exception of utilities and phone bills.
A two-person apartment/house will be provided for a couple, if both are teaching at the Institute.
고용주는 피고용인에게 기본적인 가구가 준비되어 있는 숙소를 고용주의 부담으로 제공한다. 단 관리비, 상수도, 가스, 전기, 전화 비용은 사용자인 피고용인이 부담한다. 커플일 경우에는 두 사람 이 사용할 수 있는 숙소를 제공한다.

5. AIRFARE (항공편)

Employer shall provide one way ticket for the Employer come to Korea.
Employer shall provide one way ticket if the Employer successfully finished one year contract.
학원은 강사가 한국으로 입국하는 편도 항공권을 제공한다.
학원은 강사가 1년 계약을 성공적으로 끝낼 경우 모국으로 돌아가는 항공권을 제공한다.

6. MEDICAL INSURANCE (건강 보험)

The half of the insurance premium will be paid by the Employee and the other half by the Employer. The other insurances will not be paid by the Employer.
고용주는 피고용인의 보험 가입 시 보험 비용의 반을 부담하며, 그 외의 비용은 피고용인이 부담한다. 다른 보험들은 고용주가 부담하지 않는다.


7. SEVERANCE PAY (퇴직금)

Upon completion of this contract, the Employer will pay one month's salary as a severance payment to the Employee. This payment will be made at the time of completion of the contract period.
피고용인이 12개월의 계약기간을 이행했을 경우, 고용주는 한 달 분의 급여를 퇴직금으로 피고용인의 계약 기간 마지막 날에 지급한다.

8. VACATION (유급휴가)

a). The Employee may have 10-working days as paid vacation per year, which will be organized by the institute. Depend on institution's schedule the employee may give summer and winter vacation. (days in which the Employee does not regularly work i.e., Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period)
피고용인은 학원에서 주어지는 날짜에 맞춰 년 10일간의 유급 휴가를 갖는다.
학원의 일정에 따라 여름. 겨울 휴가로 제공될 수 있다.
( 국경일과, 토요일, 일요일은 이에 포함되지 않는다)

b). Employee's paid sick leave during the Term of Employment shall not exceed three (3) calendar days. (a doctor's invoice with the diagnosis and prognosis is required to be paid for sick days.)
피고용인은 3일간의 병가를 받을 수 있다.
(병가를 받기 위해서는 의사의 처방전이 요구 된다)

* Sick leave is included in the paid vacation. If the Employee has three sick days, he or she can have only 7-working days as paid vacation.

*병가는 유급휴가에서 포함된다. 그러므로 3일의 병가를 쓴 강사는 총 유급 휴가 10일 중 3일을 빼고 7일만 휴가로 쓸 수 있다.


9. RENEWAL & TERMINATION OF CONTRACT
(재계약과 계약 파기)

a). RENEWAL (재계약)

The Employee must give the Employer a written 60-day notice before renewal or non-renewal of the Employee's current contract.
피고용인은 고용주에게 재계약 가부 여부를 피고용인의 현 계약기간 만료 60일 전에 알려줘야 한다.

b). Both the Employer and the Employee reserve the option to renew the contract.
고용주와 피고용인은 재계약 선택에 대한 권리가 있다.

c). TERMINATION OF CONTRACT (계약 파기)
Both parties will give at least a written 60-day notice prior to the termination date of the contract.
쌍방은 계약파기 의사를 문서화하여 계약 파기일 60일 전에 서로에게 통보하여야 한다.

d). The Employer retains the right to terminate the contract
immediately if:
고용주는 다음과 같은 사항에 의하여 계약을 파기할 수 있는 권리가 있다.

* The Employee is unable to discharge the responsibilities or meet the conditions such as being late for class on a continuous basis, continuous failure to keep regularly scheduled class hours and repeated absences from classes without a valid reason.
피고용인이 본인의 책임과 의무를 실행하지 못할 경우, 예를 들면 연속적으로 수업에 늦거나 연속적으로 정해진 수업시간을 지키지 못했을 경우, 그리고 합당한 이유없이 연속적으로 결근 할 경우

*.The Employee teaches a private class outside of the school.
피고용인의 근무처가 아닌 다른 곳에서 근무를 했을 경우

*. The Employee participates in any type of criminal activity, or corruption of public morals which violates the laws of the Republic of South Korea.
피고용인이 대한민국 법에 어긋나는 불법 행위를 하였거나 범죄행위에 연루 되었을 경우

If, for any reason, the contract is terminated before the full completion of the contract period:
만약 어떤 이유로든 본 계약서가계약기간 전에 파기가 됐을 경우에는:
The Employee will not qualify for benefits such as severance pay and the airfares.
피고용인은 퇴직금과 항공편에 대한 혜택을 받지 못한다.

The Employee will be wholly responsible for any utilities and phone bills remaining for the duration of their housing lease.
피고용인은 고용주가 제공한 숙소에서 거주하는 동안의 관리비, 상수도, 가스, 전기, 전화 비용에 대한 책임이 있다.

Within 14-days before termination of the contract the Employee is required to sign a notice of termination and accompany the employer to the Korean Immigration office to notify the Korean Immigration office of the termination.
피고용인은 계약을 파기한 날짜를 기준으로 하여 14일 안에 고용주와 동반하여 출입국관리소에 계약파기에 대한 통보를 알려야 한다.

10. GOVERNING LAW & JURISDICTION
(법례 및 사법권)

a). This contract is governed by the laws of the Republic of Korea.
이 계약서는 대한민국의 법 아래 통제된다.

b). This contract is made final and firm unless any material modification or amendment to this contract is executed with the full knowledge and consent of the undersigned and incorporated into this contract.
이 계약서에 공히 서명하고 계약된 고용인과 고용주의 충분한 의논과 동의에 의한 중요한 변경이나, 수정사항이 실행되지 않는 한 이 계약서는 유효하다.

In witness there of, we have affixed our signatures here on.



Date : 2012, , .

날짜 : 2012 , , .


EMPLOYER
(고용인)

Signature


(인)
EMPLOYEE
(피고용인)

Signature


(인)
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Thu Nov 29, 2012 7:09 pm    Post subject: Reply with quote

ibanezhomie,

I waited for others to comment. I don't see anything that strikes out as bad. Talk with the school and try to get photos of the school, photos of the apartment, work schedule, location, etc...
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modernseoul



Joined: 11 Sep 2011
Location: Seoul

PostPosted: Sat Dec 01, 2012 5:42 pm    Post subject: Reply with quote

ibanezhomie, the main issue I could see was the lack of agreed hours. If your working Kindergarten to Middle they may have your working classes starting at 9 and finishing at maybe 7 (of worse). So try and get the working hours included before anything else.
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stever1000



Joined: 10 Nov 2012
Location: Comox, BC

PostPosted: Sun Dec 02, 2012 8:50 pm    Post subject: Reply with quote

Can someone please read this and comment? This is my first offer so I would like some feedback on what to look for



EMPLOYMENT AGREEMENT




This EMPLOYMENT AGREEMENT has been made this December 3rd, 2012 by and between XXXXXX; a Korean company having its office at XXXXXX Daegu, Korea(hereinafter referred to as "employer") and XXXXX(hereinafter referred to as "employee").


Employer and employee, in consideration of the mutual promises and covenants contained herein, agree as follows:
1. Employee hereby accepts Employment from employer to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement.
2. The "Place of Employment" is at the address above. Employee may be required to teach outside the place of employment. In such case, employee will be reimbursed for travel expenses incurred beyond those expenses normally incurred in travel from the employee’s home to the place of employment.

3. Term of Agreement

3.1 The "Term of this agreement" shall include twelve(12)full and consecutive teaching sessions, and all scheduled vacations and holidays, which fall between or during teaching sessions. The total term of this agreement is approximately twelve months, commencing from February 25th, 2013 and finishing on the last day of February 2014 session
3.2 Employee agrees to discontinue residence in Korea under the visa status sponsored by employer within five days of termination of employment.
3.3 Periods of employment of employee beyond that covered by this agreement must be agreed to by employee and employer, in writing, at least two months before the expiration of the term of this agreement.


4. Duties

4.1 During the term of this agreement, the employee will be required to prepare to teach and carry out all required administrative duties connected with classes assigned by the employer. No regular schedule of work hours can be guaranteed to employee. Employee agrees to attend meetings and training workshops to inform employee of matters relating to employee’s duties and the institutes operation or to assist in employee’s professional development. No payment in excess of or in addition to employee’s monthly salary will be made for attending meetings or workshops scheduled by employer.
4.2 To meet the minimum teaching requirement of this agreement, the number of teaching periods shall be 100 teaching hours (1 hour= 60 mins.). The number of scheduled teaching days does not include weekends, public holidays and scheduled vacation days.
4.3 The employer will have the authority to require employee to perform any classroom duties in excess of the minimum teaching requirement (such excess hereinafter called "overtime"), but the employer will not have the authority to require employee to teach more than 120 teaching hours each month, unless employee consents there to.
Only teaching classes in excess of the minimum teaching requirement and approved by the employer are considered overtime. Employee will be paid at the rate of 20,000 Won for each teaching hour as overtime payment
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4.4 The employer has the authority to assign employee some non-teaching hours, within the limits on total work hours set forth herein above.
4.5 At all times during the term of this agreement, employee will directly adhere to and obey all the rules and regulations that have been, or may hereafter be, established by employer for the conduct of employee or generally for the conduct of instructors at the place of employment.
4.6 Employee agrees to dress appropriately at all times when teaching or when present on the premises of the place of employment and to follow the advice, directives and policies of employer regarding what constitutes appropriate dress.
4.7 Employee understands and agrees that, at all times during the term of this agreement, employee will strictly adhere to and obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.
4.8 Employee agrees to be present at the place of employment at least one hour before the commencement of each days allocated teaching schedule to allow time for organization of teaching materials and preparation for the days lessons.


5. Compensation and Other Treatment of Employee

5.1 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an international airport which is mutually agreed to by employer and employee (henceforth referred to as point of departure). On completion of the full contract period (1 year), employer will provide for the employee an economy class ticket for passage from Korea to point of departure. The return air ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment agreement with employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air ticket (s) which are not used by employee.
5.2 Orientation and training: Shortly after arrival in Korea, employee will be required to undertake orientation and training intended to provide employee with the requisite familiarity with institute operation and policies and to ensure that employee possesses adequate knowledge and skills related to duties of employment.
5.3 Salary: Employer will pay employee as compensation for all services rendered a monthly salary of 2,100,000 won for each month of the contract period with employer. Salary includes legal allowance which is fixed by law. Salary will commence from the first day of teaching. Payment for part of a month of employment will be calculated on the number of days employed. Payment of the aforesaid salaries will be made in Won. Korean income taxes and Korean National Pension Scheme deductions will be withheld. Monthly salary payments will be made on or before the tenth day of the month following the month during which the employment services were provided.
5.4 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.
5.5 Holidays and Vacation: Employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are at least 9 vacation days in each calendar year (January-December). Public holidays and vacations can only be taken as scheduled.
5.6 Absence from Duties: Salary is not maintained when employee is absent from teaching duties. Employee is entitled to 2 paid sick days. In the event that employee is absent from duties for whatever reason, monthly salary will be reduced according to the length of the absence. Reductions will be based on basic salary rate. Transference of teaching duties by employee to persons other than employee is not possible without the permission of employer
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5.7 Emergency Leave: Employee will be eligible to receive up to five (5) days of paid emergency leave in the event of death or up to four (4) days of paid emergency leave in the event of serious illness in employees immediate family. The immediate family of employee for the purpose of this paragraph will include only parents, grandparents, grandchildren, spouse, children, brothers and sisters. Such emergency leave will be granted at the sole discretion of employer. The employee will bear the cost of transportation in the event of a need for emergency leave. Payment for emergency leave will only be made in the event that the employee resumes duties with the employer.
5.8 Medical Insurance: 50% Health Insurance Fee Sponsorship ; Employee will be covered by medical benefits. The cost of this coverage will be borne half by employer and half by employee. Due to requirements from the immigration and taxation departments, coverage will commence approximately 3-4 weeks after arrival in Korea.
5.9 Pension: Korean National Pension will be withheld monthly from employee’s salary(4.5% of salary) according to Korean law. Under current Korean tax regulations/tax treaty with the respective counties full time contract employees holding passports from the United States and Canada shall receive the accumulated pension tax payment made each month over the course of employment at Pukdaegu ECC plus the equivalent co-payment made by employer directly from the Korean National Pension tax Office(http:www,npc.or.kr). Employees who hold passports from the UK, Australia, New Zealand , Ireland and South Africa may inquire with their home countries tax office on the current tax treaty bylaws with Korea and means of receiving reimbursement or credit for paying into the Korean pension tax fund.
5.10 Accident Compensation: In the event that employee sustains injuries from an accident or mishap during the course of normal work duties, or within the premises of place of employment, employer agrees to pay all medical and hospital costs which are in excess of those covered by medical insurance.
In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties, employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.
5.11 Housing
5.11.1 Employer will select and provide a furnished couple apartment for employee. Furnishings provided by employer for employee will include: kitchen table, chair, gas hotplate, refrigerator, telephone, television, video player, washing machine, bed, dresser, fan, air conditioner and kitchen utensils. Employer supplies pillow, pillowcase, bed sheets. Employee will not be held responsible for furnishings/items that need repair or replaced due to normal wear and tear. In the case items are damaged through neglect or destruction by employee or his/her visitors then the cost of repair or replacement will be borne solely by the employee. Employee will be responsible for maintaining the accommodation in the same order employee received it under which shall include cleanliness of all living quarters, kitchen, kitchen sink, bathroom and furnishings. In the event employer must hire a cleaning person to restore employee’s accommodation the cleaning fee will be deducted from employee’s salary or housing deposit.
5.11.2 Employee is responsible for all maintenance, utility and telephone charges for accommodation.
Maintenance and utility charges will depend on employee’s usage.
5.11.3 Employee agrees to pay employer a housing management deposit to cover unpaid monthly service, utility, and telephone charges. Such deposit amounting to 600,000 won and being payable to employer in three equal installments will be deducted from the salary during the first three months of employment with employer. Dependent on written guarantee from a guarantor acceptable to employer, employer agrees that the deposit will be returned, in full, to the employee at the time of completion of employee’s period of employment with employer, including any period of employment beyond that covered by this agreement. In the absence of such written guarantee, employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid. In the event that employer makes payments covering monthly service, utility,
and telephone charges on behalf of employee, the amount of such payments will be deducted from the deposit and the remainder of the deposit returned to employee.
Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.

6. Dismissal or Voluntary Resignation

6.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, including neglect of duties. Prior to any such dismissal, employee will be warned of dissatisfaction with performance or conduct and will be afforded an appropriate period in which to remedy the same.
6.2 Employer will have the right to dismiss employee for conduct seriously jeopardizing any student or staff person, or for criminal activity. In such instances, employer has the right under this agreement to execute immediate dismissal and no warning nor time for remedy need be allotted.
6.3 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 date of termination. Employer will have no duty and will not be obligated to pay the cost of return transportation to point of departure for employee, nor will employer be obligated to pay any severance pay.
6.4 In the event that employee resign prior to the termination of the term of this agreement, employee agree to reimburse employer liquidated damage fees in lieu of all initial cost incurred by the employer. In the event employee resign within the period of 90 days employee agree to reimburse damage fees of 2.0 million won or in the event employee resign between 90days and 180days employee agree to reimburse only the airfare.
6.5 In the event that war, civil disturbances, or political conditions prompt a directive from the government of the Republic of Korea or the government of employee’s citizenship to leave Korea, this employment agreement will be terminated as of the date of such directives. In such case, employer will provide to employee an air ticket to point of departure, irrespective of length of employment period. All salary due at date of termination will be paid. Pro-rated severance pay will be given for periods of employment of less than twelve months


7. Covenants

7.1 Employee hereby agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organizations other than the employer. Failure to comply with this article is cause for immediate dismissal.
7.2 Employee hereby agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by employer.
7.3 Unless agreed to in writing, the employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employees employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer.

8. Merger Clause: This agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof, and supersedes all previous negotiations, commitments, and writings with respect hereto. No modification of this agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties hereto. Furthermore, this contract nullifies and voids any previous contract between the two parties.

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9. Indemnification Clause: Employee will indemnify and hold harmless employer and employers representatives from any damages which employee may sustain, in any manner, through the misconduct or negligence of employee
.
10. Waiver: The failure of either party at any time to enforce the terms, provisions, or conditions of this agreement will not be construed as a waiver of the same or of the right of such party to enforce the same.


11. Governing Language and Jurisdiction: This agreement has been drawn up and has been executed in the English language; and 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 executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.
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chachee99



Joined: 20 Oct 2004
Location: Seoul Korea

PostPosted: Mon Dec 03, 2012 7:18 am    Post subject: Reply with quote

Can you please review this contract. I found some stuff I would like to address before signing it such as pension, pay date, and fees , but I would like to get addtional feedback.

Also, this contract is for teaching adults. The recruiter stated that there would be no split shifts involved, which is something else I would like to add in the contact.

Employment Contract
This Employment Agreement (“Agreement”) is entered into as of _December 5th 2012_, between xxxx (the “Company”) and xxxx the“Employee”).

WHEREAS the Company has offered the Employee the position of Teacher upon and subject to the terms and conditions hereinafter contained;
NOW THEREFORE in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Employment. The Company shall employ the Employee as a teacher and the Employee shall serve in that capacity, on the terms and conditions in this Agreement.
2. Term. The Employee’s employment under this Agreement shall be for a fixed term of (12) months commencing on December 5th, 2012 and terminating automatically on December 4th, 2013or such earlier date if terminated in accordance with the provisions hereof.
3. Description of Duties: The Employee shall perform the duties associated with the position of teacher for the Company. The Employee’s general duties shall include, but shall not be limited to the following and such other duties as may be assigned to the employee from time to time by the Company: 40 hours of teaching related work per week, five days per week with hours and work site to be determined by the Director at his/her sole discretion; If the employee works at weekend of class, the company will be paid an overtime rate of 25,000 won per hour.
Be aware of and follow Company guidelines for the implementation and execution of English language instruction in a school and classroom environment, including, without limitation:
- Lesson preparation and record keeping; Employment Contract
- Preparation of student progress reports and evaluations;
- Correcting and grading student work;
- Attendance at staff meetings
- Participation in teacher training workshops
- Teaching material preparation and maintenance; and
- Other professional duties as may be assigned by the Director.
 Be aware of and follow all Company administrative practices and procedures as are from time to time made known to the Employee.The Employee shall perform the specific duties as outlined in the current job description, a copy of which is attached and forms part of this Agreement.

4. Standards of Performance: The Employee shall conduct himself at all times in a professional, competent and respectful manner while in class, on campus and while living in Korea. This standard shall include, but shall not be limited to the following:
 The execution of all duties in a complete and comprehensive manner in accordance with standard educational institution methods and practices. At all times adopt proper and culturally acceptable attire in front of students, at school according to the guidelines outlined in the teacher’s handbook.
 Refrain from using abusive or profane language, or from referring to any subject considered culturally sensitive, or in front of, students or parents and in public.
 Treat all members of Company staff with respect.
 Strictly observe and comply with all local laws, ordinances, customs, traditions and culturally accepted practices.
 Comply with all Company policies, procedures and directions. The Employee shall be evaluated three times during the contract term by either the Director or the Academic Supervisor who shall provide a written evaluation to the Employee.

5. Compensation and Benefits. During the term of this Agreement, the
Employee shall receive the following compensation and benefits: Employment Contract
i) Base Salary: The Employee shall receive a base salary of 2,500,000(KW) per month. Payment shall be made on a monthly basis, from which any taxes and other fees required to be withheld under Korean laws and regulations will be deducted by the Company.
ii) Probation: The Employee will be under probation for the first 3 months of the Contract. During this time, either the Director and/or the Academic Supervisor will visit his/her classroom for an assessment.
iii) Severance Payment: Upon successful completion of the contract, a bonus pay, which is the equivalent of one month’s salary per year worked, less taxes, shall be paid out on the day the contract ends. If the Employee’s employment is terminated prior to December 4th,2013 for any reason, whether voluntarily or involuntarily, or if the employee resigns prior to December 4th ,2013for any reason or otherwise fails to complete the assignment hereunder, the Employee shall receive no Contract Completion Severance payment whatsoever.
iv) Compensation under this Agreement shall commence upon the Employee’s beginning to provide services to the Employer in Korea under this Agreement irrespective of any other date or time referred to in this Agreement.
v) Airfare(E-2):The Company shall provide One way(Only E2 visa) trip economy air ticket from the Employee’s closest country to Seoul, South Korea for the Employee contingent upon receipt of all necessary documents, successful acquisition of the E-2 visa, and signing of the contract.
vi) Housing: The Employee shall be provided with apartment to be used by the Employee alone. The Company will withhold 300,000 won as a security deposit and return it upon completion of the contract less the cost of any damage to the apartment or furniture or unpaid utilities. The Company will pay the monthly rent while the Employee will be responsible for paying
monthly maintenance fees, utilities, phone bills, and any other fees incurred while occupying the apartment. In the case the Employment Contract
Employee does not take housing accommodation provided by the Company, a monthly housing allowance of 300,000 won will be provided.
vii) Vacation:The employee will receive seven days for contract term except Korean holiday.(summer or winter vacation)
viii) Sick Leaves: The Employee will be provided with a maximum of 3 paid sick days during the term of this Agreement. To qualify for the paid sick-days, the Employee must submit satisfactory documentation from a qualified physician to the Director confirming that the Employee was ill and unable to
perform his/her duties under this Agreement on the day or days in question.
ix) Working Visa(E-2):The Employer shall provide the Employee with all necessary entry permits and visas for residency and employment in Korea during the term of this Agreement.
Should the Employee terminate the Agreement with the Company before the end date, he/she will reimburse the company the cost incurred in obtaining the working visa.

6. Rights Upon Termination
i) The Company may terminate the Employee’s employment under this Agreement summarily, at any time, for just cause at law. In the event that the Employee’s employment is terminated for just cause, the Employee shall be entitled to no further compensation, benefits, expenses and costs, or severance pay of any kind under this Agreement, any statute or at common law. For the purpose of this Agreement, “for just cause” includes, but is not limited to, the failure of the Employee to fulfill Employee’s duties to the Company satisfaction, Employee’s failure to comply with local laws and ordinances, Employee’s failure to follow the Company’s policies and procedures and/or directions from administration, or if Employee’s conduct or behavior adversely affects the image of the Company or places the Company in danger of incurring of any financial losses, the Company has the right to terminate the Agreement immediately with no benefits owing to Employment Contract

the Employee.
ii) The Employee will be given a written admonishment by the Company for unsatisfactory work or performance or unprofessional conduct.
iii) If the Employee fails to make necessary corrections or changes within 14 days of the admonishment, then he/she will be given a notice of dismissal. The salary for the month in which the final notice was given will be calculated retroactively based on the hours worked for the said month.
iv) In accepting this as a term of employment, the Employee acknowledges that this Agreement and his employment is for a fixed term and that he has been given notice of its expiry, effective as of the date of this Agreement.
v) If the Employee elects to terminate this Agreement at any time, in all circumstances he/she shall provide 24 working days notice in writing of such intention to the Company. This is so that Company can find a proper replacement for the Employee as to not cancel any classes. Should the Employee fail to provide the Company with at least a 24 working day notice, the Employee will be held liable for any monetary damage caused as a result of his/her departure.

7. Falsification of Documentation: Any falsification, misrepresentation or concealment of documents, records or facts considered to be relevant to Employee’s selection or subsequent employment will be just cause and grounds for immediate dismissal.

8. Confidentiality:
a) As used in the Agreement, “Confidential Information” shall mean all information, and all documents and other tangible things which record it, relating to or used in the business of the Company, whether or not a “trade secret” within the meaning of applicable law, which at the time or times concerned is not generally known to competitors and which has been or is
disclosed to or developed by the Employee as a result of employment with the Company.

Employment Contract
b) Confidential Information includes, but is not limited to, the following types of information about the Company:
(i) product development and marketing programs and strategies;
(ii)manufacturing processes and technology;
(iii) unpublished drawing, manuals, know-how and research in progress;
(iv) finances, commission systems and pricing programs;
(v) the identity, needs, purchase and payment patterns of, and special credit terms, pricing and special relations with, customers;
(vi)the identity, net prices and credit terms of, and special relations with, suppliers;
(vii) proprietary software and business records;
(viii) any other information or documents which the Employee is told or reasonably ought to have known that the Company regards as confidential(ix) any information contained in this Agreement to a third party.

9. Return of Documents. At termination of employment, or earlier if requested, the Employee (or if deceased, his personal representative) shall promptly surrender to the Company, without retaining copies, all tangible things which are or contain Confidential Information and/or belonging to the Company.

10. Entire Agreement. This Agreement is the entire agreement between the parties on its subject matters, and supersedes all prior and contemporaneous discussions and understandings. No waiver, modification or termination of this Agreement shall be effective unless in writing and signed by all parties.

11. Applicable Law and Attornment. This agreement shall be governed by and construed in accordance with the laws of Korea. Each party hereto irrevocably consents and agrees that any legal action, suit or proceeding against it with respect to its obligations, liabilities or any other matter arising out of or in connection with this Agreement may be brought to the District Court.

12. Understanding. The Employee has had ample opportunity to review this agreement with legal counsel. If the Employee did not do so, it is because he/she understood this agreement, and did not feel that he/she needed legal advice. The Employee acknowledges that the restrictions in this agreement are fair and reasonable under the circumstances and the Employee is executing this Employment Contract agreement freely, voluntarily and without duress.

__________________________
Employee


________________________
President of XXXX


__________________________ ________________________
Date Date
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YTMND



Joined: 16 Jan 2012
Location: You're the man now dog!!

PostPosted: Mon Dec 03, 2012 8:06 am    Post subject: Reply with quote

stever1000,

Quote:
4.2 To meet the minimum teaching requirement of this agreement, the number of teaching periods shall be 100 teaching hours (1 hour= 60 mins.). The number of scheduled teaching days does not include weekends, public holidays and scheduled vacation days.


60 is too high. Average is 40-50. The rest is ok, but not complete. Compare to other contracts and ask the school/recruiter.

chachee99,

Looks good if you are in the country and can visit the school. It has a few risks but the pay seems worth it. If it doesn't work out, what will you do? Also, adult non-split shift schedule is hard to believe. Do they mean all adult classes or you will teach teenagers and then adults in the evening? It's up to you to gamble if they promise only adults and if you really want that.
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jmhdsn



Joined: 25 Nov 2012

PostPosted: Mon Dec 03, 2012 9:35 am    Post subject: Reply with quote

Can someone look over this contract for me? It's my first offer and I don't think I'm going to take it (they want me to share an apartment, which is a deal breaker for me), but I just want to get an idea of how the rest of this stacks up:

EMPLOYMENT AGREEMENT FOR TEACHER

FIRST YEAR CONTRACT


This EMPLOYMENT AGREEMENT has been made this of , between being represented by established under the laws of South Korea at Republic of Korea (hereinafter referred to as the "Employer") and , a citizen of _ whose passport number is (hereinafter referred to as the "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 the employment and will work in his/her full capacity for the school.


CLAUSE 2 ( PERIOD OF EMPLOYMENT )

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


CLAUSE 3 ( THE EMPLOYER’S RESPONSIBILITIES)

a. The employer and teacher are equal individuals working together to provide quality English instruction under the terms stated in this contract.
b. The employer will honor the terms and conditions of employment for the teacher as stated within this contract.
c. The employer will guarantee the teacher a salary of 2,100,000 Won per teaching session* in consideration of the teacher’s teaching hours and proper preparation for the classes.

CLAUSE 4 ( THE TEACHER’S RESPONSIBILITIES AND DUTIES )

a. During the terms of this Agreement, the teacher must cooperate and comply with the instructions and disciplines of the school. Assisting the Supervisor he/she must carry out assignments as directed by the employer. The Supervisor will be responsible for establishing and communicating the Standards of Performance as related to the duties stated in this contract.
b. The teacher must have adequately prepared for the classes in advance.
c. At all times during the term of this contract, teachers must maintain a clean and neat appearance. While suits and ties are not mandatory, a professional appearance is desirable.
d. The teacher’s work will include the following:

1. Teaching the English language (Target students’ ages: 4 to 15)
2. Development of educational programs and materials
3. Curriculum design and implementation
4. Indoor and outdoor classroom activities for/with students
5. Grading, evaluation, and assessment of students
6. Providing students with individualized care
7. Attending teacher’s meetings and workshops

CLAUSE 5 ( WORKING HOURS )

a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor from Monday through Friday.
b. Teachers will be required to attend some special events throughout the year (Workshops, graduation ceremony, etc.) which may fall on a Saturday. Teachers will not receive additional compensation for these days.
c. The teacher agrees to teach 120 teaching hours a session (month), to work and stay at the school of Seongseo Wonderland from 9:30am through 6:30pm, and to adequately prepare for classes.
d. The employer cannot guarantee the teacher’s requested teaching schedule.


CLAUSE 6 ( SALARY AND OVERTIME RATE)

a. The employer agrees to pay the teacher salary of 2,100,000 won for 120 teaching hours per session for classes.
b. The payment of the salary is to be made on 10th of the following month.
c. Each teaching hour in excess of 120 working hours is considered as overtime. The overtime pay will be 18,000 won per working hour. Attendance at scheduled staff meetings and workshops, along with preparation for classes is mandatory and not considered as overtime.
d. The salary for assigned teaching hours is inclusive of preparation, and all teachers will have a scheduled block of planning time each day.

CLAUSE 7 ( TAX )
Income tax and retirement taxes will be withheld from the salary in accordance with the Korean tax law.


CLAUSE 8 ( TRANSPORTATION )

a. Round trip economy airfare is provided with the one-year contract from the teacher’s nearest airport to the international airport in Korea and transportation from the airport to the teacher’s residence in Korea. Upon completion of this contract, the teacher will be provided with a return ticket.
b. If the teacher leaves the school before his/her contract period ends, the school will not pay for his/her return ticket.
c. If the teacher leaves the school prior to completing six (6) months period of this contract for any reason, the teacher must reimburse the school the cost of the ticket paid by the school or the school may deduct the equivalent amount from the teacher’s last month’s pay.

CLAUSE 9 ( ORIENTATION PERIOD )

a. Upon arrival in Korea, the teacher will be guaranteed two days for an orientation period, before being expected to begin his/her regular teaching work.
b. The teacher will be on the payroll from the day after his/her arrival in Korea, except for weekends and national holidays.
c. During the orientation period the teacher is required to be at the school making lesson plans and learning about the school system. The rate of payment for the orientation period will be 40,000 won per day for the first two days and 30,000 per day thereafter. Payment for the first two days of the orientation period will be paid upon the teacher’s arrival in Korea and payment for the remaining days (if any) of the orientation period will be paid on the last day of the orientation period.
d. The payment rate for the orientation period shall not exceed 5 working days. In the event that the employer cannot offer the teacher a regular teaching schedule after having worked at the school for more than 5 working days, payment for the work days exceeding the 5 day maximum orientation period will be prorated as follows: teacher’s salary divided by the number of teaching days in that session, multiplied by the number of days worked.

CLAUSE 10 ( MEDICAL INSURANCE )

a. The teacher will be covered by medical insurance under the Korean Medical Insurance Union, a private health organization.
b. Half of the insurance premium will be paid by the Employer and the other half by the teacher. (For reference, the current insurance premium rate is 1.5 % of the monthly salary) Teachers should be aware that medical coverage does not become effective until you have an E-2 working visa and have been issued an alien registration card from immigration in Korea.
CLAUSE 11 ( VACATION & HOLIDAYS )

The teacher will be allowed for national holidays and vacation that are indicated in the Wonderland session calendar.* (minimum 10days )


CLAUSE 12 (EMERGENCY LEAVE)

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

CLAUSE 13 ( ACCOMMODATIONS )

a. The school will provide the teacher with furnished accommodations, either a two or three bedroom apartment, which is to be shared by two or three teachers and with a shared kitchen and bathroom. In either case, the teacher is to be allocated with a single separate bedroom.
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 telephone. The teacher will be expected to provide his/her own pillow, pillowcase, and sheets.
c. Selection of the apartment will be made by the employer.
d. The cost of monthly service, utilities, and telephone charges for the accommodations will be paid by the teacher. In the case of a shared apartment, the cost will be shared by the roommates.
e. For the first three months, the Employer will withhold a deposit of 200,000 won each month, in order for the employer to pay off utility and telephone charges, received by the employer during the two months after the termination of the contract.
f. Any balance due the teacher after all bills have been paid will be transferred to the teacher’s account back home two months after the termination of the contract.

CLAUSE 14 (SEVERANCE PAYMENT)

Upon completion of this one-year contract, the teacher will receive one additional basic salary of 2,100,000 won as a severance payment in accordance with Korean Labor Laws. This payment will be made at the time of completion of the contract period and income tax will be withheld from this payment.

CLAUSE 15 ( DISMISSAL OR VOLUNTARY RESIGNATION )

a. The employer reserves the right to dismiss the teacher from employment for the following causes:
1. Neglect or inability to perform his/her duties stipulated in this agreement
2. Frequent absences from work
3. Receiving two warning letters
4. Criminal behavior or misconduct
5. Teaching any private classes outside of the Wonderland school
b. The employer agrees to give the employee 30 working days notice in the event of dismissal. However, in the case of a teacher’s criminal behavior or misconduct, he/she will be dismissed from employment immediately with no warning or notice.
c. In the event the teacher resigns from employment, he/she can do so giving 40 working days notice to the employer.
d. In either case of dismissal or resignation before completing six (6) months period of the contract term, the teacher must reimburse the employer the cost of the ticket to Korea.
e. In either case of dismissal or resignation before completing the contract term, the teacher will NOT receive any severance payment in accordance with Korean Labor Laws.


CLAUSE 16 ( GOVERNING LAW & JURISDICTION )

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



In witness thereof, we have affixed our signatures hereon.


___________________________ ____________________________
Employer Teacher


___________________________ ____________________________
Date Date
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chachee99



Joined: 20 Oct 2004
Location: Seoul Korea

PostPosted: Mon Dec 03, 2012 10:37 am    Post subject: Reply with quote

Quote:
chachee99,

Looks good if you are in the country and can visit the school. It has a few risks but the pay seems worth it. If it doesn't work out, what will you do? Also, adult non-split shift schedule is hard to believe. Do they mean all adult classes or you will teach teenagers and then adults in the evening? It's up to you to gamble if they promise only adults and if you really want that.


Actually the contract is to work for a company, not a school. It is in Korea, but not in a major city.
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