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



Joined: 17 Dec 2010
Location: the deep blue sea

PostPosted: Mon Dec 03, 2012 1:08 pm    Post subject: Reply with quote

9. Return of Documents. At termination of employment, or earlier if requested, the Employee (or if deceased, his personal representative)

If there's a possibility that you might die then I would ask for danger-money Smile Will you be teaching at a nuclear plant?

But seriously there is no mention of health insurance either.
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chachee99



Joined: 20 Oct 2004
Location: Seoul Korea

PostPosted: Mon Dec 03, 2012 4:35 pm    Post subject: Reply with quote

ibeattheborg wrote:
9. Return of Documents. At termination of employment, or earlier if requested, the Employee (or if deceased, his personal representative)

If there's a possibility that you might die then I would ask for danger-money Smile Will you be teaching at a nuclear plant?

But seriously there is no mention of health insurance either.



Actually the job is to teach at a nuclear power plant. I can't believe I missed how the contract did not mention health insurance.
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Aoisagi



Joined: 21 Jul 2009

PostPosted: Mon Dec 03, 2012 5:52 pm    Post subject: Reply with quote

May someone revise this contract? Any help would be appreciated. The monthly salary will be 2.4 million.




_________________________a citizen of _________________________ whose passport number is _______________________ (hereinafter referred to as the “Employee” or “Teacher”).
General conditions: The Employee and the Employer have different cultural backgrounds, so both parties should examine carefully all the conditions before signing the contract. Upon signing of the contract, any oral or implied conditions made or promised by a recruiter/intermediary person will carry no contractual validity. (Also, any additional conditions that have been agreed upon by both parties need to be put in writing in Clause 14)

CLAUSE 1 (APPOINTMENT)
a. The Employer agrees to hire the Employee as an instructor of the school during the period stipulated herein.
b. The Employee agrees to accept the employment and work at full capacity for the school.
c. The Employee agrees to teach pre-kindergarten or kindergarten, BC curriculum program and ESL program.
d. The Employee agrees to accept any class assigned by the school principal.

CLAUSE 2 (PERIOD OF EMPLOYMENT)
a. The contract period is one year, from the first day of class 00/ 00 / 2000 (mm/dd/yy) to the last day of class 00/ 00 / 2000 (mm/dd/yy)
b. Before the first official work day, the teacher will receive orientation regarding the school program that will last 2 to 7 days. During the orientation period, the teacher will receive 30,000 KRW per day.
c. The first day of the contract will be the first day the employee teaches after Clause 2.b has been satisfied. The contract period will be one year. In the case that the teacher arrives either earlier or later than the starting date in Clause 2.a., the contract will take effect on the first day the employee teaches classes.
For example, if the employee arrives on Feb 25th, 2010, the orientation will take place between Feb 26th and 28th and the first day of class will be March 1st. Then the contract period will be from March 1st, 2010 to February 28th, 2011.
d. Severance pay will be paid upon completion of the contract.
e. The Employee agrees to discontinue his/her residence in Korea under the visa status arranged and sponsored by the Employer and leave from the status within five days of termination of this contract.
f. The employee has to vacate his/her residence one day after termination of this contract. The Employee has until 1p.m. the following day to remove his/her belongings.

CLAUSE 3 (SALARY AND WAGE)
Both the Employer and the Employee agree to the salary system of the school. The Employee should carefully read the wage structure of the contract.

The wage structure of the Employee’s contract in the first year of employment:
a. The Employer agrees to pay the Employee a monthly salary of 0,000,000 KRW paid in Korean currency.
b. The Employer agrees to pay the Employee an additional amount of 000,000 KRW per month in recognition of the teacher’s certificate held by the Employee.
c. The Employer agrees to pay the Employee an additional amount of 000,000 KRW per month in recognition of the Employee’s work experience.
d. The Employer agrees to pay the Employee an additional amount of 000,000 KRW per month in recognition of the Recruiter’s recommendation.
e. Based on appendix B, overtime pay (______________ KRW / 80 minutes) will be given from ____/_____/_____ (mm/dd/yy) to ____/_____/_____. (mm/dd/yy)
f. Salary and the recognition bonuses are paid on the fifth (5th) day of each month. If the 5th is on a National Holiday, Saturday, or Sunday, the employee will be paid on the following business day.
g. Articles 3- b, c, d, e will be considered as bonuses and will not be included in the calculation of the employee’s severance pay.
h. Teaching hours that exceed the contracted hours are remunerated at 25,000 KRW per ESL/BC class (of 80 minutes).
i. Since the contract period is one year, severance pay will be released upon completion of the contract.
j. The employee should provide his/her bank account number in a Korean bank, as arranged by the school. Then the school will direct deposit the employee’s monthly salary into his/her account.

CLAUSE 4 (TAX and INSURANCE)
a. The Employee is required by law to participate in the Korean National Pension Plan and the payment will be shared equally by the Employer and the Employee. The lump-sum refund of the pension plan will be paid to the Employee when the Employee’s contract period is finished and he/she leaves Korea. (The exact refund date will adhere to the regulations set by the Korean National Pension Service.)
b. The employee will be enrolled in the standard Korean National Pension Plan and the National Health Insurance Plan, as according to Korean national law. The monthly premiums (employee’s share) for these two plans will be deducted from the monthly salary for the duration of the contract based on the laws.
e.g.) The Employer’s and the Employee’s portions of the Korean national insurance expenses are as follows:
(Based on a salary of 2,500,000 KRW)
Employer Employee
National Pension 112,500 KRW 112,500 KRW
Medical Insurance 75,110 KRW 75,110 KRW
Employment Insurance 11,250 KRW 11,250 KRW
Industrial Disaster Insurance The Employer pays the total amount.
* In case the teacher’s salary or government policy changes, the insurance plan may change as well.
c. The income tax (approximately 3.3%) and the residential tax (10% of the income tax) will be deducted from each month’s salary. (Tax rate will follow the Korean tax law)

CLAUSE 5 (AIRFARE)
a. The contract comes with round trip airfare on the condition that the contract is completed.
b. The Employer is to provide the Employee with an economy class ticket from the nearest international airport of the employee’s residence to Korea. Upon completion of the contract, the Employee will be provided with a return ticket to the point of original departure, which is the nearest international airport of the employee’s residence.
c. The school will not provide cash instead of a plane ticket. When hired, the school will provide the teacher a one-way ticket from any country to Korea. Upon completion of the contract, the school will provide the teacher with a one-way ticket either to the teacher’s home country or to an alternate destination at the teacher’s request. The value of that ticket will not exceed the value of a one-way ticket to the teacher’s home country, at the time of ticketing. If the alternate destination is more expensive, the teacher will pay for the difference.
d. In the case of the Employee leaving the school before the end of the contract, the school will not pay for a return ticket.
e. If the Employee leaves the school before completion of the contract, the cost of the inbound airfare to Korea must be reimbursed to the school. The price of the ticket paid by the school will be deducted from the Employee’s final monthly salary.
f. If the Employee agrees to a contract extension, the Employee will be provided with a return ticket to the point of original departure at the end of the new contract. If the duration of the new contract is not fulfilled, then the employee will not be provided with return airfare by the school.
g. If a teacher who is already in Korea is hired, he/she will be offered a round-trip airfare to a nearby third country (usually Japan) for visa renewal. However, in case the Employee fails to complete the period of the contract, the Employee will be required to reimburse the cost of airfare and visa back to the school.



CLAUSE 6 (SCHOOL VACATION)
a. In 2013, School vacation for summer is scheduled from July 29th, 2013 to August 4th, 2013. (subject to change)
b. In 2013, School vacation for winter is scheduled from December 25th, 2013 to January 1st, 2014. (subject to change)
c. All Korean national holidays are non-working days. However, on unofficial holidays like election days, the employee is required to report to work if classes are scheduled.

CLAUSE 7 (ACCOMMODATIONS)
a. The School will provide the Employee with furnished accommodation with supply items.
b. Monthly utilities, maintenance, heating costs, management expenses, and telephone charges will be paid by the Employee.
c. It is the employee’s responsibility to repair any damages and to take care of maintenance issues such as, but not limited to, exchanging light bulbs, fixing toilets, and clogged drains.
d. In the first two months of the contract, the Employer will collect a security deposit of 300,000 KRW each month (a total of 600,000 KRW), in order for the Employer to pay off final utility bills, telephone charges, and other bills left unpaid (if unpaid) at the end of contract. Also costs incurred repairing damages to the teacher's residence will be deducted from the security deposit. A final inspection of the apartment will be made before the employee vacates the residence. Unless otherwise agreed by both parties, the remaining balance of the deposit will be transferred to the Employee’s bank account in his/her home country approximately two months after the contract has been completed.
e. It is the employee’s duty to clean the apartment before vacating the premises. If it is not cleaned thoroughly, 200,000 KRW will be deducted from his/her security deposit for cleaning expenses. The remaining balance of the deposit will be transferred to the Employee's bank account in his/her home country unless otherwise agreed by both parties.
f. Items the Employer supplies are in accordance with the furniture items list. Both parties are required to check and sign the furniture/supply items list at the time the employee begins residing in the provided accommodation.
g. In case of a contract renewal, the security deposit (600,000 KRW) from the previous contract will carry over to the new contract.

CLAUSE 8 (WORK HOURS & WORK LOAD)
a. The Employer and the Employee are individuals of equal value and respectability who have come to terms in order to honorably exchange their services.
b. The Employee agrees to work for the school between the hours of 9:50 a.m. and 7:20 p.m. Monday through Friday. The employee’s exact working schedule depends on which classes he/she is assigned.
c. The amount of teaching time is 32.5 hours per week. (The average teaching time per day is 6.5 hours.)
d. The school class schedule is indicated in Appendix B at the end of the contract.
e. In the contract, a month is considered to begin on the first day of the month and end on the last day of the month. (i.e. March 1st – March 31st )
f. The Employee agrees to teach pre-kindergarten and/or Kindergarten classes in the morning and BC and/or ESL classes in the afternoon each day.
g. Time required for class preparation is not considered as teaching time.

CLAUSE 9 (THE EMPLOYEE'S DUTIES)
The teachers' responsibilities include the followings:
a. Teaching the assigned classes.
b. Following the advice and direction of the Principal and/or the Vice-principal.
c. Developing supplementary materials as necessary.
d. Being prepared and arriving at the school at least 10 minutes prior to class time.
e. Assigned classes may and can be changed without notice. The Employee is required to teach all his/her assigned classes.
f. Teachers may be required to do overtime work depending on the schedule.
g. Attendance at teachers’ meetings, workshops, and parent consultations is obligatory.
h. Attending workshops as scheduled in the annual calendar. Some workshops may fall on a Saturday.
i. Attending the annual “Family Gym Day". This event will be on a Sunday.
j. Attending “Summer Camp" is mandatory. This will be an overnight trip departing Friday evening after classes and returning Saturday afternoon.
k. Please note that these events are considered essential elements of the educational program and the teacher will not receive extra payment.
l. Other teaching related duties as assigned.
m. Preparation time, students' evaluation and staff meetings are not considered as teaching time. Teaching time is considered to be instruction time in the classroom.
n. The Employee as a teacher should maintain his/ her students' records such as attendance, evaluation, test forms, test results, conference meeting records, ESL classes' program and/or supplements.
o. During the period of the contract, the Employer may take pictures or videotape the Employee teaching classes or doing related tasks. The employer kindly asks for the employee’s cooperation in this matter. The pictures and/or videos may be used in the school guides, web sites, brochures and/or pamphlets.
p. The Employee agrees to inform the employer of all travel arrangement regarding dates and flight schedules to ensure timely return to work when he/she leaves Korea during the contract.
q. All materials developed by the Employee while working for the school are property of the school.
r. The Employee has to be in the classroom by 9:50 a.m. in order to be ready for class.
s. As soon as the Employee arrives at the school, he/she has to clock in with the time card. If the employee fails to do so, he/she will be regarded as being absent.
t. The employee has to participate in the staff meetings which normally is once a week at 9:30 a.m. (The specific meeting schedule is arranged by the principal/vice-principal of each campus.)

CLAUSE 10 (SICK LEAVE)
a. The Employee will be allowed only three paid sick days (19.5 hrs) per year. When the employee is absent from the school, he/she has to notify the principal/vice-principal of his/her absence by phone. (The employee should call the principal/vice-principal to his/her cell phone. If it is after 9 a.m., the employee should call the school directly. Notification made via text message or e-mail will not be valid.)
b. When the employee uses sick days, a doctor’s written diagnosis and prognosis will be required.
c. In case the Employee does not use all the sick days, the employee will be paid for those unused days at the end of the contract. Calculation method: The number of unused sick days (multiplied by) the monthly salary (multiplied by) 1/20
d. Even after using three sick days per year, the employee is required to hand in a written doctor’s diagnosis when he/she is absent. If the employee is absent from school with a written doctor’s diagnosis, one twentieth of his/her monthly salary will be deducted per day from his/her salary. However, if the employee fails to hand in a written doctor’s diagnosis, 200,000 KRW will be deducted per day from his/her salary.
e. If the employee is absent for a reason other than medical or for illness without a doctor’s written diagnosis, the employee will not be allowed to use paid sick days and 200,000 KRW per day will be deducted from his/her salary.
f. After using all three sick days, if the employee misses a part of the working day (e.g. a morning class or an afternoon class), payment deduction will be 25,000 KRW per 60 minutes.

CLAUSE 11 (WARNING NOTICE)
The employee will receive a warning notice in case of the following:
a. Inappropriate behavior (including verbal/physical abuse) towards students, parents, fellow employees, and/or visitors.
b. Unexcused lateness, absences without prior notification or leaving work early.
c. Failure to display a neat appearance and/or displaying behavior unbecoming a teacher.
d. Violating any condition stipulated in the contract.

CLAUSE 12 (DISMISSAL OR VOLUNTARY RESIGNATION)
12.A. The Employer reserves the right to dismiss the Employee for the following reasons:
a. 3 warning notices
b. 3 unexcused absences
c. Neglect of the duties stipulated in the contract
d. Inability to perform the duties stipulated in the contract
e. Engagement in criminal activities or misconduct.
f. Tutoring privately outside the school.

12.B. In case dismissal is necessary
a. In the case that the Employee engages in criminal activities or misconduct, or has received THREE warning notices, the Employer has the right to dismiss the employee without prior notice.
b. The Employer agrees to give THIRTY days notice prior to dismissal if the reasons for dismissal are : 1) anything other than 12.B.a and 2) the school needs to lay-off employees for restructuring owing to business difficulties

12.C. Voluntary resignation from the employee
a. If the Employee wants to terminate the contract before its maturity, he/she may do so only if he/she submits a NINETY day advance notice in writing to the Employer in order for the Employer to have sufficient time to hire a new teacher.
b. Even if the employee complies with section 12.C.a, the Employee must leave the school prior to the 90 days if the new teacher’s arrival time is before the completion of those NINETY days.
c. If the employee complies with section 12.C.a, and wishes to leave, the Employer agrees to give the employee a ‘Letter of Release’ upon written request.
d. In case of section 12.B.a and 12.C.a, the employee will be required to reimburse the employer for the following costs (airfare, recruiting fee, and other administrative fees.)

CLAUSE 13 (GOVERNING LAW & JURISDICTION)
a. The teacher should adhere to every condition stipulated in this contract. Any issue not stated in writing in this contract will usually follow the Korean custom.
b. This contract is governed by the law of the Republic of Korea.
c. Photocopies of this contract will be considered as valid as the signed original contract.
d. No oral or implied conditions will have contractual validity until such is put in writing and signed by both parties.
e. This agreement has been modified on _______________ and 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.

CLAUSE 14 (ADDITIONAL CONDITIONS)
Any additional conditions to the contract that have been agreed upon by both parties will be listed below.
a.
b.
c.

CLAUSE 15 (COVENANTS)
a. I have read and fully understand the conditions of employment.
b. I am satisfied with this contract and I agree to follow these policies.
c. Contracts are private agreements therefore I won’t discuss or share with any other teaching staff about this contract and I won’t compare this to those of third parties nor raise a question in argument.
d. In case a new Principal is appointed, the terms of the contract will remain in effect with the new principal in charge.



Date: _____/______/ ______ (mm/dd/yy)

Employer's Signature
________________________________________

Employee's Signature (Teacher)
________________________________________


Thanks!
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chachee99



Joined: 20 Oct 2004
Location: Seoul Korea

PostPosted: Mon Dec 03, 2012 7:02 pm    Post subject: Reply with quote

e. Based on appendix B, overtime pay (______________ KRW / 80 minutes) will be given from ____/_____/_____ (mm/dd/yy) to ____/_____/_____. (mm/dd/yy)


This should be maximum 60 minutes. Most classes are between 40- 50 minutes. 80 minutes makes no sense.


a. If the Employee wants to terminate the contract before its maturity, he/she may do so only if he/she submits a NINETY day advance notice in writing to the Employer in order for the Employer to have sufficient time to hire a new teacher.
b. Even if the employee complies with section 12.C.a, the Employee must leave the school prior to the 90 days if the new teacher’s arrival time is before the completion of those NINETY days.



Technically, you are only required to provide 30 days notice. 60 days seems to be the standard. I also find it to be strange how thhe empployer insists on 90 days notice, but gives themselves the right to leave the school if a replacement is found before that time. I would be double checking to make sure once they find a replacement, the school will still provide you well in advance when your last teaching day is.


i. Attending the annual “Family Gym Day". This event will be on a Sunday.
j. Attending “Summer Camp" is mandatory. This will be an overnight trip departing Friday evening after classes and returning Saturday afternoon.



Will teaching on these days be paid or not. If not, will you be provided with days off during your regular schedule to compensate?

d. The Employer agrees to pay the Employee an additional amount of 000,000 KRW per month in recognition of the Recruiter’s recommendation.


I've never seen this before. Well, if the school wants to pay extra because the recruiter recommended you, then so be it. Just double check to see that the employer does not hold you liable for the recruiting fees if the contract is terminated.




Last points, the contract does not state how many classes you wlll be teaching a day nor does it state how long 1 hour is supposed to be. Usually 1 teacher hour = 40- 50 minutes.
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YngwieJ



Joined: 30 Sep 2012

PostPosted: Wed Dec 05, 2012 8:16 pm    Post subject: Reply with quote

I have a quick question. If I receive a contract that uses the word "teacher" instead of "employee" should I try asking them to change that or should I not even trust the school at that point? So far I've gone through a few recruiters and only had offers where the contract calls me a "teacher." I've asked the recruiters about it and asked them if they could change the wording but they always downplay the issue, say it doesn't matter, and say that all teachers are receiving the national health insurance and pension.
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YTMND



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

PostPosted: Wed Dec 05, 2012 9:11 pm    Post subject: Reply with quote

Quote:
say that all teachers are receiving the national health insurance and pension.


If it were a school in Seoul, well known the better, with a few teachers then it might not be a problem.

A simple solution would be to talk with a current teacher there. See if they are getting all the benefits of an employee.

Another thing you can look at is the deductions in the contract. Is it 1.3% or 3.3%?

If it is 3.3% then ask to change that to 1.3%.

You could be frank with the employer, "Either you pay me the insurance employees get or I will leave after the first month at a time of my choosing."

If they say no big deal, then it will be "no big deal" pulling a runner if they don't honor their "no big deal" words.

Quote:
I've asked the recruiters about it and asked them if they could change the wording but they always downplay the issue


So, don't ask recruiters this question. Ask the employer. Talk to the employer, not the recruiter. Talking to the recruiter is as effective as shouting at a wall to order a pizza.
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YngwieJ



Joined: 30 Sep 2012

PostPosted: Wed Dec 05, 2012 9:43 pm    Post subject: Reply with quote

Thanks YTMND; that was very helpful. I'm just trying to understand why it is that I have to be labelled an "employee" to receive the benefits. Is that the wording that's required in Korean law? What if my contract states that I'll have 50% health insurance and pension paid for? Should I still be skeptical? Here's the contract in question that I just received. Could you let me know what I should be concerned about?

I know it doesn't mention the tax rate in the contract but the number my recruiter told me was 3.3% so I'll definitely ask the school if they can change that and specify it in the contract.


THIS EMPLOYMENT AGREEMENT has been made on this day
, 20
between
_______ located in Guri City, South Korea (here in after referred to as
the “ Employer”) a citizen of
passport #
(here in after referred to as the “ teacher”).
The teacher is hired by the Employer and both parties agree on the following terms and
conditions :

1. PERIOD OF EMPLOYMENT

(1) The total agreement term is approximately until on
, 20 .
(2) The teacher agrees to discontinue residence in Korea under the visa status
sponsored by employer within five days of completion of this employment.

2. TEACHER’S DUTY

(1) The teacher will follow set class schedules and will not dismiss classes, cancel
classes or start classes late without the approval of the institute director.
(2) The teacher agrees not to partake in the following activities since they may damage
the reputation of the institute.
-. Conducting class while under the influence of alcohol, while smoking or under
the influence of illegal drugs.
-. Making sexual advances towards or entering into relationships with students and
teachers of the institute.
-. Conducting any private classes or accepting any funds without the permission
from the institute.
-. Riding any dangerous vehicles such as motorcycles, roller blades…
-. Raising pets
(3) During the terms of this agreement, the teacher is required to prepare for teach,
and carry out all required administrative duties connected with classes assigned
by the employer.(EX, mid & final exam, call to students every month and correct
students’ book reports and ..)
(4) The teacher should arrive at the institute at least one and half hours earlier than the
class starts to prepare class.(The regular working hours are from 1(one) to 9(nine))
(5) The institute can request to serve on Saturday to interview students for level test
without extra paying salary. However, in case of over working hours (term #3)
the institute has to pay overtime salary.
(6) If an emergency happens(sick & ..,), the teacher has to notify director 5 hours
early and submit a doctor’s subscription in 3 days.
(7) In the event of absence due to illness, the school will deduct the amount of 18,000
Won per class from the teacher’s monthly salary. This money will be used to
provide a substitute teacher.

3. WORKING HOURS

The number of regular teaching hours will be 37 in case of 40-minute classes
(30, 50-min) teaching hours per week. Classes will be held from Monday to Friday.
Classes and teaching are scheduled at the institute’s sole discretion although
reasonable efforts will be made to accommodate the teacher’s requests. If the teacher is
absent for any reason, he/she will be required to make up time lost. During the term of
this Agreement, the teacher shall be required to work well and closely with the academic
supervisor each week from Monday to Friday at the times the academic supervisor shall
direct.

4. SALARY & OVERTIME

A monthly salary of 2,200,000 won will be guaranteed for 37, in case of 40-minute
classes per workweek. In the event of 60-minute classes during summer special

sessions, the Employee will be paid the monthly salary at 2,200,000 won for
25 classes per week. This salary will be paid monthly of the following month. Each
meetings and workshop (which is mandatory – no pay) cannot be considered as
overtime. Tax for income will be deducted from the salary according to the Korean tax.
You will substitute the other teachers’ classes in case of his vacation or sick days.
For this, if the total teaching classes are not over than the contracted classes as above,
the employer will not pay for this substitution. When the total teaching classes are
over than the contracted, the employer will pay for the over time with 18,000 won per
working hour.

In the case the employee doesn’t start working on the very first day of the month his/ her
working days for the month will be counted from the day when he/ she started working
a regular schedule.(If the employee arrive on Friday, and start working on Monday next
week, the company will count from Monday.

5. HOUSING and DEPOSIT

The school shall provide furnished a single living accommodation. Furnishings provided
by the Employer, include : blanket, pillow, bed, refrigerator, washing machine,
microwave, VTR, television. Selection of apartments will be made by the Employer. The
cost of monthly service, utilities for the accommodation provided will be paid by the
teacher. Teacher agrees to a deduction of 200,000 won per month from the first two
months of employment. This deposit will be refunded 5 days after the completion of this
contract.
The employee should pay 50,000Won if the room is not cleaned before s/he moves out.
Also corresponding money will be deducted from the deposit if the provided furniture is
damaged.

6. VACATION

The Employee may use 10-working days as paid vacation per year. No more than five
consecutive working days may be taken at once. Three days of Institute-scheduled
vacation are counted in these 10 days. None of these 10 days may be taken during the
first three months of employment. The remaining seven days must be scheduled with the
Institute at least one month in advance.

7. RELEASE FROM CONTRACT

Both parties have the right to make the contract null and void if the following occurs :
(1) If the teacher seeks release from the contract for cultural differences, homesickness
or personal problems, the teacher agrees to work until the new teacher arrives.
(2) If the teacher fails to conduct him/ her in a professional manner, resulting in the
damaged image of the institute, the institute has the right to terminate this contract,
only after allowing teacher sufficient time to correct behavior and when problem still
exists contract may be terminated and the Institute must provide at least one week
notice to the teacher. (Return airfare may not be provided.)
(3) If the teacher fails to improve his or her teaching after receiving two complain letters
from parents about class performance (After said complaint letters are received,
the school will give the teacher a chance to observe four to six model classes in an
attempt to improve his or her own teaching.), the institute has the right to terminate
this contract.
(4) Both parties have read the above conditions and agree to the terms in good faith
and will attempt to resolve any dispute in a reasonable manner. All decisions that
cannot be resolved by the two parties above will be solved in accordance to Korean
Civil Law.

8. AIRFARE

A round-trip airfare (standard economy ticket) from the Employee’s designated city to
Korea before departure will be provided only for the Employee who will be fulfilling a 12-
month period and who has been hired outside of Korea.
This is not applicable if hired within Korea. In case of employee transfers to other school

within Korea, ________ doesn’t provide airline ticket or money to compensate it.
If the employee leaves the school before six (6) months, the employee must payback the
initial airfare or the employer may deduct the amount of airfare from the teacher's last
payment.
In case the Employee chooses to travel outside of Korea before returning home, the
Employer will provide the same amount of flight expenses that was provided when the
Employee coming to Korea. The Employee is responsible for any additional flight fair.

9. Health Insurance

The Institute will pay 50% of the premiums for the teachers health plan. Coverage wil begin

from the date of joining Korean medical insurance union, approximately 3 to 4 weeks after

the teacher's arrival of Korea.

10. National Pension Plan

In accordance with the Korean Law, all foreign workers employed by Korean businesses

shall pay into the Korean National Pension plan at a rate stipulated by the Korean National

Pension Law deducted from monthly earnings with the Institute's contribution.
Refund of the National Pension to a teacher who becomes a compulsorily insured Teacher,
where the Pension Act of the Teacher's home country provides the benefit corresponding
to the lump-sum refund of the National Pension Plan, the lump-sum refund of this plan
shall be paid to the foreigner, according to Korean Law.

11. GOVERNING LAW

This agreement will be governed by the law of the Republic of Korea.

Signature of contract employer :

Date

(Sign)

Date

--------------------------
Name of Institute :

(Sign)

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Name of Teacher :
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YTMND



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

PostPosted: Wed Dec 05, 2012 10:27 pm    Post subject: Reply with quote

Quote:
I'm just trying to understand why it is that I have to be labelled an "employee" to receive the benefits. Is that the wording that's required in Korean law?


An employer would have a set of benefits. An "independent contractor" could do other work with less benefits. For example, you are married to a Korean person and you already have the benefits. You can agree to rates more beneficial to the employer.

If you are an "employer" it's more like a union. You should have an established salary. This equals more money with less reach. An independent contractor has wider reach.

Quote:
(4) The teacher should arrive at the institute at least one and half hours earlier than the
class starts to prepare class.(The regular working hours are from 1(one) to 9(nine))
(5) The institute can request to serve on Saturday to interview students for level test
without extra paying salary. However, in case of over working hours (term #3)
the institute has to pay overtime salary.


Usually, it's 1 hour. 1.5 is a new one.

Quote:
7) In the event of absence due to illness, the school will deduct the amount of 18,000
Won per class from the teacher’s monthly salary. This money will be used to
provide a substitute teacher.


Normally, you get some sick leave, but I would accept this. It's reasonable.

Quote:
The number of regular teaching hours will be 37 in case of 40-minute classes


Average is 25.

Repeat, average is 25. How do they justify the other 12?

Quote:
A monthly salary of 2,200,000 won will be guaranteed for 37,


Sorry, for 37, I think 3,300,000 is more accurate. If you want to do 37, consider it philanthropy.

Quote:
In the event of 60-minute classes during summer special

sessions, the Employee will be paid the monthly salary at 2,200,000 won for
25 classes per week.


Wow, the bonus is the average? However, class time is usually 40-50 minutes. They need to rethink this.

Quote:
This deposit will be refunded 5 days after the completion of this contract.


Not a big deal, but check with your severance arrangements. They are adding extra conditions.

Sort out the oddball terms and it might "just" work out. :::cross fingers:::
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YngwieJ



Joined: 30 Sep 2012

PostPosted: Thu Dec 06, 2012 10:48 pm    Post subject: Reply with quote

Thanks again for all the help, YTMND. I don't know what I'd do without you and all the other helpful posters on this site. But I have one more contract I'd like you to review. This one is for a public school and the contract seems almost perfect. So if this one is as good as I think it is then I'll just have to decide if I want to work in such a small town.

This Employment Contract (hereinafter this “Contract”) is made by and entered into between the Superintendent of _________________ in Gyeongbuk, the Republic of Korea (hereinafter “Employer”), and the native English speaker (Name) (hereinafter “Employee”), a(an) citizen.

- Term of Employment : A one-year period from , 2012 to , 2013
- Pay Level and Salary
□ 1+ level/ 2,900,000 Korean Won per month
□ 1(re)level/ 2,800,000 Korean Won per month
□ 1 level/ 2,700,000 Korean Won per month
□ 2+ level/ 2,500,000 Korean Won per month
□ 2 level/ 2,400,000 Korean Won per month
□ 3 level/ 2,300,000 Korean Won per month

Article 1 (Purpose) This contract is made for the purpose of setting forth the terms and conditions of employment for native English speakers who participate in the English Program in Korea.

Article 2 (Pay Level) ① The Employee shall be hired pursuant to this Contract with the Pay Level set forth at the beginning of this Contract.
② The Pay Level set forth at the beginning of this Contract will be contingent upon provision of all the necessary documentational proof of qualifications and experience required by the Employer to be eligible for said Pay Level.
③ Any new qualifications obtained after the beginning of the Term of Employment will not subsequently change the Pay Level during the Term of Employment; the Pay Level will remain that agreed to at the beginning of the Term of Employment.

Article 3 (Duties) ELIs shall perform the following duties:
① To teach English at (elementary, middle, high) schools designated by ______________
② To prepare and develop teaching materials with a Korean co-teacher.
③ To be involved in extracurricular classes, teacher training, or English camps requested by the school or the Employer.
④ To be positively involved in native teachers' workshops or assist with activities related to English language education or events within the place of employment.
⑤ To perform faithfully other duties as designated by the Employer including various English programs during the vacation.
⑥ To be available for class observation by the principal, UCOE staff, or visitors as assigned by the supervisor.

Article 4 (Supervision) The Employee shall carry out the duties set forth in the foregoing Article 3 pursuant to and under specific instruction and supervision of the Supervisor of the Work Place designated by the Employer.

Article 5 (Term of Employment) ① The Term of Employment shall be the period set forth at the beginning of this Contract. Unless separately agreed otherwise by the Employer and the Employee, this Contract shall automatically terminate at the end of the contract period set forth herein.
② If the Employee, for whatever reason, is unable to begin work on the date specified herein, the Contract shall be rewritten to indicate the new one year Term of Employment. The Contract will only take effect on the day the Employee actually begins work and the Term of Employment shall be a one-year period beginning from that day forth.
③ This Term of Employment is not and shall not be considered a continuation of any previous Term of Employment with a different Provincial Office of Education. Hence, the Employer shall hire the Guest English Teacher as a new employee.

Article 6 (Resignation) ① The Employee shall perform the duties set forth under Article 3 hereof during the Term of Employment set forth under Article 5 hereof.
② This Contract is binding unless the Employee gives sixty (60) days written notice of termination (stating a planned date of resignation and reason(s) therefore) to the principal of the Employee's main school as well as the Superintendent of the Office of Education.
③ Failure of the Employee to give sixty (60) days written notice of termination to the main school Principal and the Superintendent of the Office of Education shall be reported to the Korean Immigration Service and shall affect the Employee's ability to freely enter the Republic of Korea in the future.
④ In the case of the Employee's resignation his/her visa shall be cancelled.

Article 7 (Work Place) ① The Employee shall work at a Work Place as designated by the Employer, and Elementary School, County Office of Education, training center, or any other educational institute located in Uljin County.
② The Employer may designate multiple Work Places for the Employee.
③ The Employer may designate the Employee to work at a County Office of Education, training center or other educational institute during the vacation. In this case, The Employee shall not claim for any additional pay.

Article 8 (Work Hours) ① The Employee shall work eight(Cool hours per day for five(5) calendar days per week from Monday to Friday and shall not work on Saturdays, Sundays and any national holidays of the Republic of Korea.
② The Work Hours of the Employee may follow the normal work schedule of civil servants of the Korean Government; however, such Work Hours may be adjusted by the Employer as he/she deems appropriate.
③ Actual class instruction hours of the Employee shall not exceed twenty-two(22) hours per week. If, however, the Employee's actual weekly class instruction hours exceed twenty-two(22) hours due to supplementary class instruction, the Employee shall be entitled to a supplementary class instruction pay(20,000won/hour).
④ The Employer may require the Employee to work overtime in addition to normal Work Days and Work Hours. In this case, overtime pay will be provided(6,000won/hour).

Article 9(Attendance Book) ① ELIs need to sign-in and obtain approval for the following matters:
Absence, tardies, early leaves, unofficial leaves for personal reasons(i.e. bank. post office, etc.), and official trips(i,e, school visits, interviews, immigration, visa processing, etc.)
② All the hours will be totaled from the ELIs tardies, early departures and leaves for personal reasons. For each total amount of 8 working hours, the day(s) will be deducted from the allotment of vacation days.

Article 10 (Salary) ① The Employee shall be paid the amount set forth at the beginning of this Contract. However, the Korean income tax, medical insurance premium and the national pension contribution, as required under Korean law, shall be withheld each month from the Employee's salary.
② The Employee's salary shall be paid on the 25th of each month. If this day falls on a national holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day.
③ When the Employee has not worked a full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.
④ If the Employee should be absent from work without having obtained a prior approval, the Employee's salary for that month shall be lessened by the amount calculated on a pro rata basis for the number of unauthorized absent days.
⑤ The Employee shall not claim, against the Employer, any compensation and/or payment other than those provided for in this Contract.

Article 11 (Renewal) ① The Term of Employment stated in Article 5 hereof may be renewed by the mutual written agreement of the Employer and the Employee provided that the renewal Term of Employment shall not exceed one (1) year.
② In the case of renewal of this Contract pursuant to the foregoing clause ①, the Employee shall be given two (2) calendar weeks paid leave which shall take place during the nearest school vacation to the first day of the renewal contract with the condition of the days not conflicting with the school schedule. This two-week leave will be counted as part of the contract term, and, accordingly, salary will be paid as normal for these two weeks. The period of this renewal vacation may be negotiated with the school to be held in the next school vacation which is within six months from the first day of the contract if necessary.
③ The Employer shall provide the Employee with a Contract Renewal Allowance of 2,000,000 Korean Won (KRW) within one month of the beginning of the new Term of Employment. In the case of Contract Renewal (and the payment of the subsequent Renewal Allowance), the Employee shall not receive an Exit Allowance for the completion of the current Term of Employment nor shall the Employee receive an Entrance Allowance for the renewal Term of Employment.
④ In case of the termination of the Renewal Contract within the first six (6) months, regardless of course or ground therefore, the Employee shall immediately pay back to the Employer 700,000 Korean Won (KRW) of the 2,000,000 Korean Won (KRW) Renewal Allowance and the paid leave specified in the forgoing clause ② shall be unpaid.

Article 12 (Entrance Allowance/Exit Allowance) ① Upon beginning the Term of Employment, the Employee shall receive a 1,300,000 Korean Won (KRW) Entrance Allowance. The Entrance Allowance is not offered to Employees who are renewing their contract. For the first six (6) months of the Term of Employment, the Entrance Allowance of 1,300,000 Korean Won (KRW) shall be considered a loan to support the Employee's entrance into Korea.
② In case of the termination of this Contract within the first six (6) months, regardless of course or ground therefore (except in the event of the GET's decease), the Employee shall immediately pay back to the Employer the aforementioned loan. Failure of the Employee to pay back the aforementioned loan shall be reported to the Korean Immigration Service and shall affect the Employee's ability to freely enter the Republic of Korea in the future. If the Employee successfully completes more than six (6) months of the Term of Employment from the date of commencement, the obligation of the Employee to pay back the Entrance Allowance loan shall be waived by the Employer.
③ If the Employee successfully completes his/her duties set forth in this Contract for the full Term of Employment specified herein, the Employee shall be entitled to an Exit allowance of 1,300,000 Korean Won (KRW).
④ The Employee may reapply to another Provincial Office of Education upon completing the Term of Employment with the current Provincial Office Education or school by obtaining a letter of release from the current Employer which may be issued if the Employee has satisfactorily completed the current contract. However, the Employee shall not receive an Exit Allowance for the completion of the current Term of Employment nor shall the Employee receive an Entrance Allowance for the commencement of the new Term of Employment with the new Provincial Office Education or school. The Employee shall be paid a Settlement Allowance of 300,000 Korean Won (KRW), when he/she begins the contract with the new Provincial Office of Education or school.

Article 13(Housing) ① The Employer shall provide the Employee with a single housing chosen by the Employer. Housing selected by the Employer may be a leased house, a studio-type room, an apartment, or other form of lodging deemed sufficient by the Employer. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using the housing shall be borne by the Employee. Such fees may include but are not limited to hydro, gas and water utilities as well as internet and phone service as well as a maintenance fee from the landlord.
② The Employer may choose to provide temporary housing for the Employee until appropriate permanent housing can be obtained for the Employee.
③ If the Employee wants housing allowance in lieu of the single housing set forth in the foregoing ①, the Employer shall provide the Employee with 400,000 Korean Won (KRW) per month as a rent subsidy upon the mutual agreement between the Employer and the Employee. In this case, the Employee shall notify the Employer of his/her decision to request housing allowance during the application stage.
④ Once housing is decided, it shall not be subsequently changed during the Term of Employment. Any and all costs incurred by the Employee as a result of changing Housing during the Term of Employment shall be borne by the Employee.
⑤ If the Employer provides housing to the Employee, the Employer shall provide the following appliances and furniture: a bed, table and chair, a closet, a gas or electric range, a refrigerator, a washing machine, and a TV set. The Employee shall not request or demand any other appliances or furniture than those stipulated herein.
⑥ If the Employee uses the housing provided by the Employer, the Employee shall leave the housing on the day after the final day of the Contract.
⑦ If the Employee uses the housing provided by the Employer, the Employee shall leave the housing in the same condition as when it was first occupied and the Employee shall be liable for any damage to the building and appliances occurring during the period occupied by the Employee.
⑧ The Employer shall provide couples housing only to married couples jointly employed by the Employer. If the couple holds different last names, they must prove their marital status with a marriage certificate or other relevant documentation.

Article 14 (Benefits) ① The Employee shall be entitled to a one time Settlement Allowance of 300,000 Korean Won (KRW), when he/she first begins the contract. This Settlement Allowance will not be granted in the case of a Contract Renewal.
② On behalf of the Employee, the Employer shall provide 50% of the Employee's medical insurance premium (including the medical insurance premium for the Employee's dependents in the event the dependents of the Employee (spouse and/or children) live with him or her in Korea) pursuant to the National Medical Insurance Act of Korea.
③ In the case that the Employee is working in a remote area (as designated by the undersigned Office of Education), the Employee may be eligible for a Rural Allowance of 100,000 Korean Won (KRW) per month. Designations for remote areas are determined individually by the Employer.
④ In the case that the Employee is working at more than one school, the Employee shall receive a Multiple Schools Allowance of 100,000 Korean Won (KRW) per month for two schools or 150,000 Korean Won (KRW) per month for three or more schools.
⑤ Employees, with the exception of Canadians and Irish, shall be eligible for exemption from paying Korean income tax during the period of the first two years of employment in Korea if they provide the following documents to the Employer before the first payment of salary:
1) "Residence Certificate" issued by the relevant authority of the Employee's resident country 2) “an Application for Tax Exemption" on non-resident's Korean source income provided under the Korean Tax Treaty. If the Employee has already worked more than two years in Korea, he/she shall not be eligible for tax exemption.
⑥ The Employer, on behalf of the Employee, shall provide half of the national pension plan deduction (approximately 4.5% of salary) pursuant to the National Pension Corporation Act of Korea. American, Australian or Canadian Employees are eligible for a pension distribution refund if they submit the required documents to the Korean National Pension Corporation when they leave Korea after the completion of their Contract.
⑦ The Employee shall be entitled to severance pay according to the standard formula set out by the Ministry of Labor (equivalent to approximately one month's salary), upon successful completion of the duties set out herein for the entire Term of Employment.
⑧ The Employer may provide a special allowance to an employee who has made a great contribution to the Employer and/or who is determined to work at a special institute by the Employer.

Article 15 (Paid Leave) ① The Employee shall be entitled to a vacation period of a total of eighteen (1Cool working days during the Term of the Employment set forth under Article 5 hereof. If the Employees works in a school, the Employee shall have vacation for eight (Cool working days during the summer recess and ten (10) working days during the winter recess respectively; If the Employee works in a training center, the Employee shall have their vacation outside the normal training session times. If the requested vacation period interferes with the smooth operation of the programming of the school or institute, the Employer and the Employee shall negotiate an alternate vacation date(s).
② The Employee shall apply for and obtain the Employer's consent to take any paid leave a minimum of fifteen (15) calendar days in advance of the requested date of leave.
③ The Employee shall note the difference between school vacation and Paid Vacation days; the Employee is expected to fulfill normal working duties during the school vacation period unless the Employee has received prior approval for Paid Vacation or Unpaid Leave during the school vacation period.
④ During the school semester, the Employer may allow the Employee to not come to work on the day(s) when the school is closed for in-semester school holiday(s), school anniversary day(s), etc., and these days will not be considered part of the Paid Leave set forth in the forgoing clause ①.
⑤ Regardless of the number of days over which the Paid Leave falls, eight (Cool accumulated hours of Paid Leave shall be counted as one day. This includes tardiness, early leave, other absences during the work day and/or half-days of Paid Leave. A total of less than eight (Cool hours will not be counted.

Article 16 (Sick Leave) ① The Employee shall be entitled to a paid sick leave if an illness or injury prevents him/her from performing the duties under this Contract, provided, however, that he/she obtains the Employer's prior consent.
② When the Employee takes a sick leave for seven(7) or more calendar days (inclusive of a national holiday, Saturday, and Sunday), the Employee shall submit a practicing doctor's medical report to the Employer.
③ The Employee's paid sick leave during the Term of Employment shall not exceed fifteen (15) calendar days(inclusive of a national holiday, Saturday, and Sunday). If the Employee requires a sick leave for more than fifteen (15) calendar days, the Employee may take a further sick leave without pay.

Article 17 (Special Leave) ① The Employee may take a Special Leave for a number of days as set forth below for each of the following events:
1. Seven (7) calendar days for the Employee's marriage.
2. Seven (7) calendar days for the death of the Employee's parent or spouse; five (5) calendar days for the death of the Employee's child.
3. In case of a female the Employee, ninety (90) calendar days for a maternity leave.
② Special leaves specified in items ① are available with pay. However, maternity leave shall be available with pay for only the first sixty days.

Article 18 (Codes of Conduct) ① The Employee shall faithfully observe his/her school principal's requests on his/her duties defined in Contract.
② The Employee shall not behave in any manner which may damage or tarnish the reputation of the teaching profession. the Employee shall comply with and observe any codes of conduct applicable to Korean teachers.
③ The Employee shall not engage in any other job (including a part-time job) during the Term of Employment set forth under Article 5 hereof.
④ The Employee shall not be involved in any activities which may cause harm to the students or be of detriment to the reputation of the school.
⑤ Employees must not disclose any confidential information about their co-workers, school or program that they have acquired during their term of employment.

Article 19 (Termination of the Contract) ① The Employer may legally terminate or cancel this Contract upon occurrence of any one or more of the following events:
1. The Employee violates the laws of the Republic of Korea.
2. The Employee works in Korea without holding the required valid visa such as E-2 visa, etc.
3. The Employee fails to perform or unsatisfactorily performs any of the duties stipulated in this Contract. In this event, the Employer shall provide formal written notice of unsatisfactory performance to the Employee. Three of more written notices shall be considered sufficient grounds for termination fo the Contract.
4. The Employee engages in any other employment (including any part-time, private or self-employment, or online instruction) during the Term of Employment set forth under Article 5 herein.
5. The Employee fails to perform his/her duties for more than five working days without receiving prior consent from the Employer.
6. Any of the information provided in the Employee's application is false or inaccurate.
7. It is determined that the Employee is prevented from or incapable of performing the duties set forth under Article 3 hereof for any medical reason, whether it is physical or psychological in nature, including chronic ailments such as diabetes Mellitus, high blood pressure, chronic liver disease, tuberculosis, neurologic disorder, substance or alcohol addiction, etc.
a. If requested to take a physical and/or psychological examination by the Employer, the Employee must make themselves available within two (2) working days for the medical examination.
b. The Employee must complete a medical examination (HIV, Drug etc) in Korea for the purpose of working in Korean public schools and educational institutions. If requested by the Employer, the Employee must submit the results to the Employer immediately.
8. The total number of days of sick leave (both paid and unpaid) used by the Employee pursuant to Article 15 hereof exceeds thirty (30) days.
② In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing clause ①, the Employer shall pay the Employee a prorated salary based on the number of days actually worked by the Employee.
③ In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing clause ①, the Employee shall immediately refund the loan to the Employer pursuant to Article 11①.
④ In such event, the Employer will not pay the Employee the Exit Allowance. The Employee's visa will subsequently be cancelled.

Article 20 (Completion of Orientation and Training) ① The Employee shall complete an orientation (about 4~5 days) conducted by _________________ or ______________ immediately before the commencement of the Term of Employment provided under Article 5 hereof.
② The orientation period shall not be included in the Term of Employment as under Article 5. Thus, the Employee will not be entitled to any compensation.
③ The Employee selected during the period outside the regular selection period shall be exempt from the foregoing ①.
④ The Employee shall participate in training program(s) upon request of the Employer.

Article 21 (Indemnity) The Employee shall indemnify for and keep the Employer harmless from any liability or damages arising from or in relation to any negligent, intentional or illegal activity of the Employee during the Term of Employment under this Contract.

Article 22 (Award & Penalty) ① ELIs may be awarded additional vacation days by the Principal in recognition of their work.
② ELIs who are extremely insincere in conducting their classes or fail to abide by their duties, who are not cooperative with his/her principal(co-teacher or supervisor), who breach school orders, and who violate EPIU ELI's Duties and Regulations" will be subject to a verbal/written warning by the Principal or UCOE Supervisor in charge.

Article 23 (Consent to information provision) The Employee agrees that the information on his/her application form and Personnel Record Card can be used for governmental statistics collected by the Employer and the Korean government.

Article 24 (Governing Law, Language and Venue)
① The terms of this Contract and the rights and obligations of the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of Korea.
② The Governing language of the Contract shall be Korean. The English translation of this Contract is made for the purpose of convenience.
③ If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first try to resolve it in accordance with a principle of good faith.
④ Matters not explicitly stated in the Contract shall be determined by the Employer by taking the Employee's concerns into consideration.

Article 25 (Signature) In witness whereof, the parties hereto sign the Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy for the Employee's visa application.
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Mrsk



Joined: 22 Aug 2012
Location: Canada

PostPosted: Fri Dec 07, 2012 5:50 am    Post subject: Any help appreciated Reply with quote

Areas of my concern are highlighted
CONTRACT CLAUSES 1-9


1. SCHEDULE. The school opens at 2:20pm and closes at 10:15pm. In between these hours you will be expected to teach an average of 6 hours, total classes are calculated on a weekly basis. All teachers must be at the school by 1:50pm, however should you have classes which begin before this time you must be at the school a minimum of 30 minutes before the starting time of your first class.

2. PAY Employer agrees to pay Employee a basic minimum monthly salary of won 2,300,000 for a period of 12 months and in addition a bonus payment of one month's salary upon completion of said contract.

2-1. PAYMENT METHOD
Monthly pay period begins on the twenty sixth of the contractual period and is paid on the twenty sixth day of the next month. On the last day of the contract term, the Monthly salary is paid and includes the contract completion bonus (one month's salary see section 2-2). Over time rate for each hour worked over and above the contracted number is won 13,000 per class(35 minutes).

2-2 BONUS PAYMENT.

Employee is paid an additional one / twelfth of annual salary. This amount will be paid at time of, and is dependent on, completion of the full contract term.


3. AIRFARE
Employer agrees to provide Employee a one - way ticket to Korea. However, Employee agrees to reimburse Employer the cost of the said fare should Employee fail to complete the full contract term. During the first month of teaching, the institute will retain 600,000 won deposit for expenses incurred. On completion of the full contract this money will be reimbursed.

4. ACCOMMODATION
Employer agrees to provide accommodation for Employee. Employee is not responsible for rental payments or security bond deposits associated with accommodation. Accommodation may be provided in one of the following manners:

1 - A private apartment.
2- A private hotel (including laundry reimbursement).

Employer agrees to provide basic household furnishings for Employee. Employer agrees to provide adequate accommodation and living conditions. Basic amenities include a bed, access to a Kitchen, cooking utensils, hot water for bathing, and a western style toilet. The basic amenities include a television with cable connection, a gas cooker, a refrigerator and a washing machine. The management expenses (gas/electricity/water/telephone accounts) are the responsibility of Employee. The maintenance of the amenities is the responsibility of the employer. Should substantial damage to the amenities be observed the employer reserves the right to retain part of the security deposit to cover such costs. 100% of National Pension
* Monthly rent that exceeds 250,000won should be paid by the Employee

5. MEDICAL INSURANCE
Employer agrees to provide National Health insurance for Employee. Insurance pays of any treatment charges, not to include medical conditions present prior to arrival in Korea, all employees are hired as being in good health with no chronic conditions. The premium for the insurance is divided between the employer and the employee on a 50/50 basis and will vary according to the age of the employee.

Employer does NOT provide Employee with a National Pension Scheme. Employee shall contribute 100 percent of premium and fee.

6. JOB DESCRIPTION
6-1. English teacher / Instructor.
Employee, as an English teacher, will direct and guide the students in conversational English and as such, minimal class preparation is required. Employee will be provided with the necessary books and teaching materials to conduct classes, Employee is usually expected to conduct the class without assistance. Employees are expected to conduct themselves in an adult manner at all times and take responsibility for their actions.

6-2. Native English Speaker Employee, as a native English speaker, will instruct the students in pronunciation exercises. Employee will be provided with the necessary material to conduct such exercises.
6-3.The employee is expected to attend all staff meetings as required by the employer and further to attend such functions as may be arranged by the school for the enjoyment of the pupils on an ad hoc basis with no requirement for the payment of overtime on the part of the employer. Such functions are normally limited to one meeting per month and four outings per year.
6-4 The employee is expected to familiarize himself/herself with Korean traditional customs in as much as they effect the working environment and the harmonious relations between Korean and Foreign teachers. A close relationship must be formed with the Homeroom teacher, the Korean teacher who is responsible for all communication with the parents, and in all things such instructions as are given by the Homeroom teachers must be followed.
6-5. The school is run by the Vice Director, but in all things operational when they effect teachers the operational manager is the vice director’s assistant. As a foreign teacher should you have any problems you should refer them to the foreign teachers manager first, circumventing the chain of authority is not viewed lightly in Korea.


7. HOLIDAYS/ANNUAL - LEAVE/SICK - LEAVE/TARDINESS.

7-1.Holidays.
There are 10-14 Korean paid public holidays per year. Employee is not required to work on these days.

7-2. Annual leave.
Employees are entitled to 6 days of paid leave for the contract period. This is normally arranged by the school as a summer vacation, taken in July and a winter vacation, taken in January. During the course of the contract the employee is not due any other paid leave and should the ten days not be used during the course of the contract, the remaining days will be paid at the end of the contract

7-3 Unpaid leave.
Unpaid leave is occasionally negotiable between Employee and Employer. Although limited to unusual circumstances, requests for unpaid leave are treated as a case by case basis.


8. RELEASE FROM CONTRACT
(NOTIFICATION REQUREMENT 9-1)
Both parties have the right to declare the contract null and void under one of the following circumstances:

8-1. The health of Employee is such that it is deemed impossible for Employee to continue works or,

8-2. Blatant misconduct by / employee, either professionally or otherwise, including but not limited to, conducting classes under the influence of intoxicants, continual absence and / or tardiness for classes or,

8-3. Employee or dependents violate Korean law or,

8-4. Employee does not carry out, in a responsible manner, the educational purpose of the institute or follow the instructions of Employer of the institute in good faith.

8-5. In the event of war, civil strife, or other matters that are deemed by the Korean government as being of adequate reasons for Employee to leave the country, provided that official documents from respective embassies are presented.

9. LEGAL ACTION
If there is a dispute between the parties involved in this contract, the parties agree to the final judgment of a Korean civil Court or Korean Civil Law, whatever the final decision may be. If at anytime Employee leaves the institution without giving prior notice and without going through the appropriate procedures, Employer has the right to pursue legal action for damages and attorney fees against Employee. If Employee has left Korea altogether, Employer has the right to pursue legal actions outside of Korea.

9-1. Notification Requirement
Employer or Employee may annul the Contract by giving a minimum of two (2) months advance notice in writing. In the case of Employer seeking annulment, reasonable and adequate grounds must be provided in order for the Contract to be dissolved. Reasonable and adequate grounds for annulment area listed under clause 8. A mutually acceptable third party may be used to arbitrate the matter. We, the undersigned, agree to the clauses 1-9 as condition of employment for this English Instructor Employment Contract between the following parties:

9-2 Employee Release
If the employee seeks release from the contract for any personal reasons then this must be communicated to the employer and for a period , not limited to but normally not more than, of one month, whilst a suitable replacement is found the employee will receive only 70% of the agreed salary. Such termination of the contract will result in the forfeiting of the security payment and the invalidation of the employer’s requirement to provide return airfare and contract bonus.
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YTMND



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

PostPosted: Fri Dec 07, 2012 2:11 pm    Post subject: Reply with quote

Quote:
3. AIRFARE
Employer agrees to provide Employee a one - way ticket to Korea. However, Employee agrees to reimburse Employer the cost of the said fare should Employee fail to complete the full contract term. During the first month of teaching, the institute will retain 600,000 won deposit for expenses incurred. On completion of the full contract this money will be reimbursed.


The first important part is "should Employee fail to complete the full contract term". Usually a good contract will state 6 months or less.

If you agree to that you might as well agree to 600,000 won more. So, decide if not getting reimbursed after 6 months is a problem for you or not.

Quote:
Employer does NOT provide Employee with a National Pension Scheme. Employee shall contribute 100 percent of premium and fee.


That doesn't sound right. Ask them about it, but don't be too agressive until you have fully determined you want it. If you are getting an E2, I think you should be getting 50% from the school. However, looking at the salary, this might be the reason they will give.

What will your salary be? Decide that and determine the total, not just one variable in the contract. Would your salary compensate for the lack of pension?

Quote:
7-2. Annual leave.
Employees are entitled to 6 days of paid leave for the contract period. This is normally arranged by the school as a summer vacation, taken in July and a winter vacation, taken in January. During the course of the contract the employee is not due any other paid leave and should the ten days not be used during the course of the contract, the remaining days will be paid at the end of the contract


Looks like they used to give 10, changed one of the tens to 6, and forgot to change the other ten. It usually is 10, 5 in winter and 5 in summer.
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stever1000



Joined: 10 Nov 2012
Location: Comox, BC

PostPosted: Sat Dec 08, 2012 9:34 am    Post subject: Reply with quote

Can someone look at this contract? They want to hire ASAP, and I want to make sure the contract is complete!

Quote:


* Contract Duration: From to

This EMPLOYMENT AGREEMENT has been made this day , 2012 between the above mentioned ‘Employer’, , and the above mentioned ‘Teacher’,
, under the terms and conditions set forth below.
이 계약서는 2012년 월 일자로 ‘ (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 session calendar.
a. 전체 계약 기간은 1년이며, 이는 ‘의 세션 학사력에 준하여 강의를 시작하는 첫째 날부터 열 두번째 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 in the Republic of Korea.
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.


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.
b. 교사는 사전에 매일 구체적인 시강계획을 마련하여 철저하게 강의를 준비해야 한다.
c. Throughout the term of the contract, teachers must maintain a clean and neat appearance. While suits and ties are not mandatory, a professional attire and appearance is desirable. (Banned: t-shirts, tethered clothes, clothes with holes, body piercing, revealing tops that shows the waist, thongs, long hair (for men), unshaven beard, skin head, showing of underwear or not wearing underwear.
c. 계약서에 명시되어있는 기간 동안 교사는 청결하고 단정한 외모를 유지해야 한다. 정장과 넥타이의 착용이 의무는 아니나, 교사의 품위에 맞는 전문인의 옷차림을 요망한다.(금지품목 : 헤어진 옷, 피어싱, 허리가 보이는 짧은 상의, 슬리퍼, 장발(남자), 턱수염, Skin Head, 속옷을 보이도록 입거나 안 입는 경우 등)
d. The teacher’s work will include the following:
d. 교사의 직무는 다음을 포함한다.
① Teaching the English to students (Target students’ ages: 3 to Adult)
영어 교육(교육 연령: 만3세 ~ 성인)
② Develop educational programs and materials, expanding off of what is already provided in the XXX curriculum
교육 프로그램과 교구재의 개발 및 이미 마련된 ‘XXX’ 교과과정 보완 개발
③ Curriculum design and implementation
커리큘럼(교과과정) 설계와 이행
④ Indoor/outdoor classroom activities for/with students
학생들을 위한 또는 학생들과 함께 하는 학원 내/외 활동
⑤ Level tests, placement by levels, evaluation, check list, monthly report
레벨 테스트, 반편성, 각종 성적 평가, 월말 평가 등
⑥ Providing students with individualized care
학생 개개인에 대한 지도와 관심
⑦ Attending teacher’s meetings, training, and workshops
교사회의와 워크샵 참여
⑧ Other related ‘XXX activities and requirements (please refer to the ‘Teachers Manual’
그 외 ‘XXX’학원 관련 활동과 요구사항(강사 매뉴얼 참고)


CLAUSE 5 (WORKING HOURS) / 제5항 (근무 시간)

a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor or Director from Monday through Friday, and during special events.
a. 계약 기간동안 교사는 책임자와 협조하여 월요일부터 금요일까지 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 is expected to teach 120 teaching hour per session. The teacher assumes responsibility to completely prepare for all his/her classes. (Each session is approximately one month in duration)
c. 교사는 한 세션에 기본 120 시간의 강의를 하게 되며, 맡게 되는 강의의 철저한 준비를 하도록 한다.


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

a. 1 teaching hour is equal to 60minutes .
(Eg. Two 45min. lessons are equal to 1hour and 30 minutes teaching hours.)
a. 1시간의 강의는 60분 수업으로 간주된다. (예:두 개의 45분 수업은,1시간 30분 수업을 한 것으로 한다.)
b. The employer agrees to pay the teacher salary of 2,000,000 Korean Won for 120 teaching hours per session and preparation for classes.( 1 U.S dollar is equivalent of 1180 Korean Won as of October 6th 2009. Korean Won and U.S dollar exchange rate may change due to unexpected international economic events such as financial crunch from 2008 to 2009)
b. 고용주는 한 세션 당 120시간의 강의와 그에 해당하는 강의준비에 대한 월급여로 200 만원을 지급한다.
c. The payment of the teachers’ salary is to be made on 10th day of each month, after the required work is completed.
c. 급여일은 매달 10 일로 한다.
d. Each teaching hour exceeding the 120 teaching hours/session will be considered as overtime. The payment for the overtime will be 20,000 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.
d. 매 1시간 분량의 수업이 세션 당 120 시간 수업분량을 초과할 경우 이를 오버타임이라 간주한다.
오버타임의 급여는 1시간 수업분량을 추가 시마다 20,000원이다.
교사회의 참여, 워크샵, 수업준비는 의무이며 이는 오버타임으로 간주되지 않는다.
e. One month of severance pay will be issued to the employee 30 days after the completion of the contract.
e. severance pay 는 계약끝난후 30 일 후에 지급한다.
f. If the Korean Government Pension Office does not have a treaty with the employee’s home country. The employer is not required to pay the pension to the employee.
한국정부는 연결이 되어있는 나라에 한에서 pension 을 지급한다.


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 8 (TRANSPORTATION) / 제8항 (교통편)

a. Round trip flight fare is provided to every one-year-contracted teacher. A one-way ticket departing from the teacher’s nearest airport and arriving to the international airport in Korea will be provided. When the teacher fulfils the one-year-contract, another one-way ticket will be issued. Transportation from the airport to the ‘XXX in where the teacher will be teaching, will be provided.
a. 1년 계약을 한 교사에게 주거지에서 가장 가까운 공항에서 한국 국제공항까지의 왕복 항공편이 제공된다. 한국으로 올 때 편도 항공편이 제공되며 1년 계약을 마치고 돌아갈 때 편도 항공편이 제공된다. 공항에서 ‘XXX 학원까지의 교통편이 제공된다.
b. If the teacher leaves the school prior to completing 12 months for any reason as agreed to in this contract, the teacher must reimburse the school the cost of the airfare paid by the school or the school may deduct the equivalent amount from the teacher’s last month’s pay.
b. 교사가 어떤 이유로든 계약 발효 후 12개월 안에 퇴사하는 경우, 교사는 반드시 지급된 항공편을 반환해야 한다. 또는 학원에서 교사의 마지막 월급에서 항공편에 해당하는 금액을 삭감할 수 있다.

CLAUSE 9 (MEDICAL INSURANCE) / 제10항 (의료 보험)

a. Medical insurance is to be provided by Korean Medical Insurance Union or a different private health insurance company/organization.
a. 교사는 보험회사의 건강상해보험 또는 한국의료보험조합의 의료건강보험 중 한 개의 보험회사에 가입한다.
b. Half of the insurance premium is to be paid by the employer, while the other half is to be covered by the teacher.
b. 의료 보험료의 절반은 고용주가 부담하고 나머지 절반은 교사가 부담한다.


CLAUSE 10 (VACATION , HOLIDAYS AND SICK DAYS) / 제11항 (휴가와 병가)

a. The teacher will be allowed holidays during national holidays, while vacation days are allowed only during the days allowed/stated in the ‘‘XXX session calendar.
교사는 ‘‘XXX 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 days 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 11 (Visa Sponsorship) / 제12항 (비자와 신원보증)

a. The employer is responsible for sponsoring and acquiring the one-year E-2 teaching visa and alien card necessary to be legally employed as an English Teacher in Korea and that he/she is able to acquire a Korean bank account.
a. 고용주는 1년 기간의 E-2비자와 한국에서 영어교사로 적법하게 근무하는데 필요한 외국인카드와 한국의
은행계좌를 개설할 수 있도록 보증을 책임진다.
b. The Institute is responsible for all fees in acquiring the necessary teaching visa issuance number through the immigration office. Visa application fees and its related expenses in the Instructor’s homeland will be paid at his/her expense.
b. 학원은 출입국관리사무소를 통해서 사증인정번호를 발급받는데 필요한 모든 비용을 부담한다. 해당국가에서 비자(E-2)를 발급받는데 발생되는 비용은 교사가 책임진다.



CLAUSE 12 (ACCOMMODATIONS) / 제13항 (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, and two-burner gas hot plate.
b. 고용주는 다음에 해당하는 비품을 제공한다: 텔레비전, 냉장고, 세탁기, 침대, 옷장, 선풍기, 식탁, 의자, 기본 가재도구, 가정용 가스레인지
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 부담한다.
e. Any and all other living costs are to be the full responsibility of the teacher. (All utilities: gas, electricity, cable, internet, etc.)
e. 주거 설비의 사용으로 부과된 공과금(가스비, 전기세, 수도세, 케이블, 인터넷 등)은 교사가 부담한다.
f. For the first three months, the Employer will withhold a safety deposit of 100,000 Korean Won each month, for a total deposit of 300,000 Korean Won. This deposit is used to pay off utility and telephone charges unpaid at the resident, if any. After the employer clears all utilities and miscellaneous bills and conformation is received, the deposit (minus any remaining dues) is to be returned to the teacher. However, if the total remaining dues exceed the 300,000, the teacher is entirely responsible, and is to satisfy all debts with the employer and/or utility companies.
f. 최초 3개월 동안 고용주는 교사의 월 급여에서 각 10만원씩을 보증금으로 차감한다. 보증금이란 계약 종료 후 발생하는 교사가 사용한 공과금을 지급하기 위한 금액이다.
g. 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 after the termination of the contract.
g. 세금 지급 후 남는 차액은 계약 종료 후에 교사의 은행계좌로 송금되도록 한다.


CLAUSE 13 (DISMISSAL OR VOLUNTARY RESIGNATION) / 제15항 (해고 또는 자진 퇴사)

a. The employer reserves the right to dismiss the teacher from employment for the following:
a. 고용주는 다음 근거에 따라 교사를 해고할 수 있다
① In this case the teacher is received three written warnings because the teacher fails to perform or unsatisfactorily performs any one of the duties stipulated in this agreement.
계약서에 명기된 의무에 태만하거나 불이행으로 인해 3번의 경고장을 받을 경우
② The Teacher fails to perform duties for more than three(3) consecutive days without any clear excuse.
정확한 사유 없이 3일 이상 의무를 이행하지 않을 경우
③ Criminal behavior or misconduct according to Korean Law.
대한민국 법령상의 범죄행위나 부정행위
④ 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. 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 the right to dismiss an employee at anytime.
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.
d. In the case of voluntary resignation, the employee must reimburse the employer the cost of entry airfare as well as one full month’s salary (2.0 million won).
d. 계약을 어꼈을경우 일한 한달분과 비행기 값은 고용주에게 돌려준다.



CLAUSE 14 (Smoking Policy) / 제16항 (흡연 정책)
a. Korean law prohibits residents from smoking inside any public facility. This can qualify clause 15.
한국법률에 따라 공공건물 내 흡연은 금지되어 있다. 이 조항은 15조항의 해고사유에 포함될 수 있다.
b. The employee must not smoke during working hours.
(피고용자는 업무시간 중에 흡연을 할 수 없다)

CLAUSE 15 (GOVERNING LAW & JURISDICTION) / 제17항 (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

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YTMND



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

PostPosted: Sat Dec 08, 2012 7:43 pm    Post subject: Reply with quote

Quote:
I want to make sure the contract is complete!


Then, look at other contracts and compare. Find things you like in those contracts that are missing in the current one you are considering.

I will comment on the red flags in the contract. If it is complete or not is your responsibility. Maybe you don't care about vacation time or airfare amounts. So, those for example wouldn't be needed. If they are, then make sure they are listed. Others include sick pay, pension, and housing arrangements.

Quote:
This EMPLOYMENT AGREEMENT has been made this day , 2012 between the above mentioned ‘Employer’, , and the above mentioned ‘Teacher’,


1. Does the contract state employer/employee? If not, you could be considered an "independent contractor". Independent contractors pay all pension and higher taxes, whereas the employer would give the employee half of the pension contributions. That's free money for the employee, in addition to the salary, overtime, or severance.

Quote:
a. 1 teaching hour is equal to 60minutes .
(Eg. Two 45min. lessons are equal to 1hour and 30 minutes teaching hours.)


Find out exactly how these lessons are scheduled. It's ok to teach two classes with the same students, but you need to be more prepared for the class.

Part "a." should say 1 teaching hour is equal to 45 not 60. If they refuse to change ask what the extra 15 minutes are for. It doesn't make sense to me to say 1 teaching hour is 60 but then say you might teach two 45 minute classes. Are they stating if you teach 1 class it will be at least 60 minutes, but if you teach 2 classes with the same students then it's 90 minutes? Ask, find out.

Quote:
b. If the teacher leaves the school prior to completing 12 months for any reason as agreed to in this contract, the teacher must reimburse the school the cost of the airfare paid by the school or the school may deduct the equivalent amount from the teacher’s last month’s pay.


Usually it's 6 months or earlier.

Quote:
CLAUSE 14 (Smoking Policy) / 제16항 (흡연 정책)
a. Korean law prohibits residents from smoking inside any public facility. This can qualify clause 15.


See if this is an issue for you. Usually, it's not in contracts. What do they mean by "any public facility"? What if you finish working your hours and they see you smoke outside of the school?
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stever1000



Joined: 10 Nov 2012
Location: Comox, BC

PostPosted: Sun Dec 09, 2012 10:46 am    Post subject: Reply with quote

Thanks for the help Smile

YTMND wrote:
Quote:
I want to make sure the contract is complete!


Then, look at other contracts and compare. Find things you like in those contracts that are missing in the current one you are considering.

I will comment on the red flags in the contract. If it is complete or not is your responsibility. Maybe you don't care about vacation time or airfare amounts. So, those for example wouldn't be needed. If they are, then make sure they are listed. Others include sick pay, pension, and housing arrangements.

Quote:
This EMPLOYMENT AGREEMENT has been made this day , 2012 between the above mentioned ‘Employer’, , and the above mentioned ‘Teacher’,


1. Does the contract state employer/employee? If not, you could be considered an "independent contractor". Independent contractors pay all pension and higher taxes, whereas the employer would give the employee half of the pension contributions. That's free money for the employee, in addition to the salary, overtime, or severance.

Quote:
a. 1 teaching hour is equal to 60minutes .
(Eg. Two 45min. lessons are equal to 1hour and 30 minutes teaching hours.)


Find out exactly how these lessons are scheduled. It's ok to teach two classes with the same students, but you need to be more prepared for the class.

Part "a." should say 1 teaching hour is equal to 45 not 60. If they refuse to change ask what the extra 15 minutes are for. It doesn't make sense to me to say 1 teaching hour is 60 but then say you might teach two 45 minute classes. Are they stating if you teach 1 class it will be at least 60 minutes, but if you teach 2 classes with the same students then it's 90 minutes? Ask, find out.

Quote:
b. If the teacher leaves the school prior to completing 12 months for any reason as agreed to in this contract, the teacher must reimburse the school the cost of the airfare paid by the school or the school may deduct the equivalent amount from the teacher’s last month’s pay.


Usually it's 6 months or earlier.

Quote:
CLAUSE 14 (Smoking Policy) / 제16항 (흡연 정책)
a. Korean law prohibits residents from smoking inside any public facility. This can qualify clause 15.


See if this is an issue for you. Usually, it's not in contracts. What do they mean by "any public facility"? What if you finish working your hours and they see you smoke outside of the school?
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Bariko



Joined: 21 Aug 2012

PostPosted: Thu Dec 13, 2012 8:52 pm    Post subject: Reply with quote

Was wondering if somebody might be able to give this contract a look. For context, I've got a BA, 140-hour ESL certification, a year experience in China, and experience doing freelance with university kids here in Canada. Much obliged!

TERMS AND CONDITIONS OF EMPLOYMENT AGREEMENT

The Employee has been selected and approved by Employer to teach at Sun Kyung, the employer and the Employee, in consideration of the mutual promises and covenants contained herein, agree as follows:

1. TERMS OF AGREEMENT
1.1 This agreement is valid for duration of one year from the day the Employee arrives in Korea.
1.2 The working visa issued by the exclusive agreement between the Employer and the Employee becomes invalid right after termination of agreement.
1.3 This agreement may be renewed by mutual consent two months prior to its expiration. Without new agreement between the Employer and the Employee two months before the expiration, the employee shall be automatically dismissed from employment when contract expires.

2. PLACE OF EMPLOYMENT
2.1 Determination of working place will follow the Employer's decision.

3. DUTIES OF THE EMPLOYEE
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 of the Language Institute. These duties will include instruction for regular classes, administrative duties related to the Employee's classes, attendance at scheduled instructor's meetings and workshops and extra curricular duties as may be assigned by the Director. The director is to set 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 classes, up to 120 hours a month (1hour=60minutes) working Monday through Friday. The actual number of teaching hours scheduled for a month is 120 hours, and the Employee will be required to devote the remaining hours to related academic work under the supervision of the director.
3.3 SunKyung will own all past, present, and future patents and/or copyrights for any inventions and any printable and/or publishable material produced by an employee of SunKyung under the direct supervision of SunKyung during the term of the agreement.
3.4 The Employee must not cancel classes arbitrarily. If cancellation of classes is unavoidable, the Employee must consult with the Director in advance. In case of sickness, unexpected accidents, and bereavement, the Employee has to take necessary steps stated in 4.5of this agreement.
3.5 Without employer's approval the Employee is not allowed to work for any other organization or off school premises tutor 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, the teaching methods, and the teaching schedule that have 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 there .
3.8 Dress code for teachers will be semi-formal. Male teachers should wear with regular shoes (ties may not be worn during June thru August), and women should wear dresses and skirts, appropriate blouses and dress slacks. Friday is a casual day. However, absolutely NO scruffy jeans, shorts, running shoes or shower sandals will be allowed. Lastly, male teachers may not wear pony tails.

4. SALARY AND OTHER BENEFITS
4.1 Salary
The Employee will be paid the total of 2.1 million Korean won per month. However, the Korean income tax and residence tax required under Korean law will be withheld each month from the Employee's salary. The tax rate is 3.3%. However, if the Korean government requires a foreign teacher to join two insurances (pension, health insurance) or the Employee wants to, 50% of the insurance premiums will be paid every month from the Employee’s salary. No advance pay is available in any circumstances. The monthly payment of the salary is to be made on the 7th of the following month. The last monthly payment will be paid by the end of the contract. If this day falls on national holiday, Saturday, of Sunday, the salary will be paid on the previous business day.
4.2 Overtime Payment
If the Employer requires the Teacher to work in excess of 120 hours per month such overtime or extra hours shall be paid for, in addition to the monthly salary, at rate of 20,000Korean won per hour.
4.3 First salary
If the Employee does not begin teaching on the first business day of the first month, the first paycheck will be calculated based on the hours for which the Employee will have actually taught up to end of the first. The salary stipulated in the contract will be applied when the employee teaches one full month.
4.4 Severance payment
On the condition that this contract is completely satisfied and that employment lasts for one year, a special allowance of _2.1__million Korean won 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 after the completion of the contract. If the Korean government require a foreign teacher to join two insurances (pension, health insurance), you must join them.
4.5 Sick Leave
In case that the Employee submits a medical certification from the hospital designed by the
Employer, the Employee is allowed to get a maximum of 3 paid sick days. However, if the Employee takes off more days than those stipulated in the contract, 20,000 Korean won per hour will be subtracted from the monthly paycheck.
4.6 Bereavement Leave
If the employee's immediate family dies during the term of contract, the Employee may request 7days of leave
of absence to attend the funeral.
4.7 Medical Insurance
The Employee is to be covered by the medical insurance excluding dental care. 50% of the insurance premium will be paid once a year from the Employee's salary.
4.8 Paid Annual Leave
The Employee will have ten days’ paid vacation per year (10 business days) including SunKyung’s summer and winter vacations. The Employee does best to cooperate school operation taking part of paid leave during SunKyung's summer and winter vacations scheduled by the Employer. The Employee is required to request vacation schedule two months in ahead and obtain prior approval of paid annual leave.
4.9 Housing
The Employer will select and provide furnished living accommodation on individual basis and will pay for the rent. A single studio apartment sill be provided. The cost of monthly utilities such as gas, trash disposal. water, boiler fuel, and electricity bill be paid by the Employee. The Employer agrees to provide the employee with a gas range, refrigerator, washing machine, telephone, bed wardrobe, TV, desk, electric fan or air conditioner, electric transformer, cooking utensils.
4.10 Airfare
a) The Employer will provide prepaid one-way ticket to Korea, and for employees who remain under employment with SunKyung for 12 months or more, The Employer will provide a return ticket to the point of departure or 700,000 Won in cash for return ticket upon employee's choice, only once upon termination of the contract. In the event that the “employee” decides to terminate this contract prior to six months of completion for reasons not in accordance with this contract, they will be required to reimburse the “employer” the full amount of the airfare. After six months the “employee” will not be provided the return air ticket nor 700,000won
b) In the event that the employee already resides in Korea when he/she sign this contract and needs to make visa trip to Japan, the Employer will cover expense for visa trip to/from Japan and for Employees who remain under employment with SunKyung for 12 months or more, The employer will provide a return ticket to the point of departure or 700,000 Won in cash for return ticket upon employee's choice, only once upon termination of the contract.
4.11 Settle down allowances
The employer will fully pay for the lodging of employee's stay in Korea at a facility chosen by the employer. This clause will not apply to employees who already reside in Korea at the time of the signing of the contract.

5. DISMISSAL
5.1 The Employer has the right to dismiss the Employee for negligence of duties, misconduct, or unwillingness or inability to meet conditions of Employment as set forth in this agreement. Prior to such dismissal, the employee will be given 30days notice. However illegal activities or other misconduct which has jeopardized any students or 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 false information in related application documents.
5.3 The Employer retains the right to dismiss the Employee if the qualify of his/her work is deemed unsatisfactory by the supervisor at any time during the period of the contract.

6. EARLY TERMINATION OF CONTRACT
6.1 If the Employee chooses to terminate the contract, the employer will pay the monthly salary. The paycheck will be calculated based on the hours actually taught by the employee in case the employee doesn't last for one full month.

7. TERMINATION
7.1 Within 14-days of the termination the contract by the employee, the Employer will withdraw its sponsor ship of the employee's legal alien status within the Republic of Korea and do inform the immigration Bureau.
7.2 The Employee must vacate the company housing during the 3-day period since the effective date of termination.

8. INDEMNIFICATION CLAUSE
8.1 The Employee shall be responsible for any damages caused by the misconduct or negligence of himself/herself.

9. GOVERNING LANGUAGE & COURT OF LAW
9.1 This agreement will be interpreted according to the domestic laws of the Republic of Korea.

10. FULL KNOWLEDGE
10.1 The Employee agree that s/he has read the entirety of this Employment Agreement and taken independent advice upon it.

11. STARTING DATE
11.1 Employment shall commence on __ of December 2012___




Employer’s signature: Date:

Employee’s signature: Date:
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