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



Joined: 02 Feb 2007
Location: Seoul, KR

PostPosted: Wed Dec 26, 2012 5:53 pm    Post subject: Reply with quote

Thanks, That was really helpful...I would have never thought to address some of the things that you brought up.
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DoraMallott



Joined: 30 May 2012
Location: Manchester UK

PostPosted: Thu Dec 27, 2012 7:44 pm    Post subject: Contract... I dont want to get screwed over again!!!! Reply with quote

Hey...

I have had a job offer from a Kids College and if any of you kind folk who are probably more experienced than me in these matters of contracts (I've only been here for 2 months!!) could look over the new contract and see if you can find any craze discrepancies it would be most kind!

Of course I will be looking through it myself with a fine tooth comb...

Any responses would be most appreciated Smile

so here is the contract...

EMPLOYMENT AGREEMENT

This Agreement is made
between ,
herein referred to as "Instructor," and Kid's College Language Institute, herein referred to as "Employer" whose principal place of business is located at
Employer: Kid's College Language Institute Instructor Name:
Date of birth:
Nationality:
Address: Telephone#: Passport#:
Position : English Conversation Teacher(or Instructor) Period of Employment : One calendar year
(Upon mutual agreement may be extended to 2 years) From  to
Director’s Initials Instructor’s Initials

I. In consideration of the mutual promises and agreement herein contained, Kid's College Language Institute employs Instructor and Instructor agrees to work for Kid's College Language Institute under the following term hereby agreed on by both parties.

II. The services to be performed, by the Instructor shall be that of an
English Language Instructor. The instructor may teach conversation, writing, reading, and vocabulary.

III. The Instructor shall commence his/her employment on The employment shall continue to, unless terminated sooner as provided herein, and for such further period as provided for herein, subject to the following qualifications.

A. If as a result of willful and wanton negligence, gross negligence or intoxication, the Instructor damages facilities, materials or other property belonging to Employer, or causes damage to the institute and/or the image of the Employer, the Instructor shall assume pecuniary liability in accordance with Korean Law. Furthermore, if the Instructor violates any of the covenants of this agreement, the employer has the right to terminate this agreement at the time of the violation without further compensation or responsibility to the Instructor.

B. If the Instructor seeks release from this contract, he/she must do so in writing at least forty-five (45) days prior to the date of termination.
Extenuating circumstances, which might require termination of employment without prior notice, will be handled on a case-by-case basis.

C. In the event of the death or total incapacity for business of either party hereto, or upon the Employer ceasing to carry on said business, or becoming bankrupt, this contract shall terminate. In case of the sickness of the Instructor or other reasons causing him/her from attending to his/her duties for 10 consecutive workdays (without valid proof), the Employer may terminate this agreement.

D. The Employer may terminate this contract at any time because of the Employer's dissatisfaction over, violation of instructions or rules of the Institute, or failure of Instructor to comply with any one of the agreements contained herein.
Director’s Initials Instructor’s Initials

E. The Employer may terminate this contract if the services rendered by Instructor are not satisfactory to the Employer, and the Employer shall be the sole judge of such satisfaction. Services considered include, though are not limited to, adequate class preparation, the effective presentation of class lessons and the ability to work professionally with other staff members and supervisors.

IV. The Employer further agrees:

A. Compensation will be paid monthly by the Institute. Any errors in compensation shall be reported by written notice one week of receipt of compensation. The instructor will be guaranteed a base salary of 2,100,000won per month (approximately US$1,780) barring absenteeism. The 2,100,000 won base pay will be paid to teachers in Korean Won, after taxes. Medical insurance costs and apartment Utilities are not included. If this teaching load requires that the instructor teach over 120 hours a month, the teacher will be paid an additional 14,000won(approximately US$12.00) an hour for each hour over 120hours. A teacher's overtime pay and base pay will be subject to Korean taxes (approximately 3%-4%). Fluctuation in this rate is common and prospective Instructors are encouraged to check the current rate at a local bank.

Instructors will be required to teach at both summer and winter camps (held in August and January, respectively). Camps will be held in the morning and afternoon. Instructors will teach both kindergarten and camp classes (separately). The pay will be applied with the same scale.
In the event that a summer or winter camp is not conducted, a field trip will be scheduled in its place. For this trip Instructors will receive an hourly wage. Kid's College Language Institute will select those Instructors required to attend field trips.

Kid's College Language Institute will assign elementary-level classes based on teacher performance, professionalism and attendance record.
Assignment of classes and substitute teaching assignments by the Employer is necessary to the effective operation of the institute and acceptance of these assignments by Instructors is mandatory.
The Kid's College Language Institute teaching schedule · Kindergarten:(20 teaching hours per week)
Monday, Tuesday, 10:00 AM to 2:15 PM
Director’s Initials Instructor’s Initials

• Elementary 1st & 2nd: (5 teaching hours per week) Monday, Wednesday, and Friday, or Tuesday, Thursday, and Friday 2:30PM to 4:20 PM
• Elementary 3rd & 4th (5 teaching hours per week) Monday, Wednesday and Friday, or Tuesday, Thursday, and Friday 4:30PM to 6:20 PM
• Elementary and Junior 5th(4 teaching hours per week) from Monday to Friday 6:30PM to 7:20PM
Lunch hour runs from 12:10 to 12:50PM. Teachers are not paid for this time.

* All instructors are required to attend a weekly staff meeting at 7:30 P.M. on Tuesday evenings.

B. The Employer agrees to provide the Instructors with return tickets with the successful completion of the contract. Kid’s College will keep the instructor's ticket for the duration of the contract period. Instructors can get their tickets back after their contract has been completed. In the case that the instructor leaves before their 6th month of employment, you will be responsible for the ticket that brought you to Korea in addition to the ticket back home.

C. At the successful completion of a one-year contract. Instructors will be paid severance pay. Severance pay will be equal to one month's base salary.

D. After 30 to 45 days in Korea, the Employer agrees to provide the instructor with medical insurance. This delay is caused by the processing time involved in obtaining Korean medical insurance. The employer agrees to pay the first 100,000 won towards the cost of yearly health insurance. If the instructor chooses not to get insured, the employer will pay all medical expenses up to 100,000 and the instructor will be responsible for the remainder. The Instructor will be responsible for the cost of his or her own medical treatment until insurance is issued. Dental and eye care coverage is not included. Furthermore, life insurance coverage is not included.

E. The Employer agrees to provide three sick-leave days to instructors each year. On the first three days per year on which an instructor misses work he or she will be paid in full for that day, with the following conditions. The Instructor must also present a doctor's note to his or her supervisor on the day in which he or she returns to work. Unused sick days may not be used as vacation days. Should the Instructor be absent for ten consecutive days without a valid reason, his or her contract may be terminated.

* Any sick days caused by drug or alcohol use will result in a warning or termination of the instructor.
Director’s Initials Instructor’s Initials

F. Instructors, on occasion, request an emergency leave in order to attend to urgent matters in their home country. Since there is no substitute Instructor available, the extended absence of Instructors creates a serious problem for this institute. Additionally, when requests for leaves coincide with holidays observed by Kid's College Language Institute, such as Christmas, the potential for abuse, in order to extend existing vacation days, compounds the seriousness of the situation. Therefore, any Instructor requesting a leave of absence during his or her contract will be subject to a 10 percent deduction from the Instructor's severance pay. Should a leave request coincide with a holiday on which Kid's College does not hold classes, the percentage of this deduction will be raised to 50 percent.

* Vacation days will be designated by the Institute. Personal time can be requested by the instructor, and the institute reserves the right to grant or dismiss the request.

G. Employer will provide housing for all Instructors. (See attached housing contract) If at the time the Instructor is hired by Kid's College, all company apartments are occupied the Instructor may either ask Kid's College to provide an apartment or the Instructor may arrange his or her own housing. There is a 300,000 won monthly housing allowance. If at the time the Instructor is hired by Kid's College Language Institute, company housing is available, the Instructor is required to live in the company's apartment. Instructors living in housing provided by Kid's College Language Institute will be required to leave a 400,000 won deposit with Kid's College Language Institute to cover any damage to the apartment or unpaid bills left by the Instructor when the apartment is vacated. Instructors who initially choose to provide their own housing and later elect to take advantage of company housing will be accommodated only as housing becomes available.

H. Whenever possible, Instructors be provided with an orientation period. The Instructor observes classes and becomes familiar with Kid's College Language Institute teaching techniques and activities. On this day, or for the period designated by Kid's College Language Institute as the training period, during which time the Instructor will not be asked to conduct classes, the Instructor will be paid a training wage. This wage will be 7,000won per hour.
Director’s Initials Instructor’s Initials

V. The Instructor Agrees:

A. To teach any group assigned by the Employer and to participate in special activities (such as over-nights 2 times per year during summer & winter camps) can be required by the Employer.

B. To prepare for their classes on their own time. Class preparation should include researching and producing teaching materials, on time submission of weekly lesson plans, and making classroom decorations. In addition, instructors will be required to fill out student reports at the request of the employer and every three month. Instructors will be required to grade tests and homework. Failure to submit these items on 3 occasions will be subject to a 30 percent deduction from the Instructor's severance pay. Three late submissions of any of these items will count as I non-submission.

C. To, at all times, follow the rules regulations set by the Institute and the Institute director. To follow class schedules and activity schedules, to not dismiss, cancel or begin classes late without the express consent of senior management. To submit all progress reports, tracking reports, weekly lesson plans, or other requested work on time. Instructors, who routinely fail to observe the rules of the institute will be verbally notified by the supervisor, and continued non-compliance would result in a warning letter. Three warning letters in the period of one year will result in suspension without pay, a reduction of teaching hours or termination.

D. To have the accompanying statement of general physical health completed by a physician certifying that the Instructor is free of contagious diseases and may safely participate in activities such as leading outdoor games and exercises.

E. To use the teaching materials supplied and recommended by the institute. The Instructor is encouraged to supplement these materials with other materials, but must obtain prior approval from the Institute. All books, tools, craft supplies or other materials issued by the Institute remain the property of the Institute and any must be returned to Kid’s College Language Institute when no longer required to conduct class.

F. To perform his/her duties in a professional manner and refrain form conduct which could damage the reputation of the Institute, including, but not limited to: conducting class while smoking or under the influence of alcohol or illegal drugs; making sexual advances entering into sexual relationship with students or instructor of the Institute; conducting any business or accepting
Director’s Initials Instructor’s Initials

any funds without the express written consent of the Institute7 and borrowing or lending of funds or selling of items to students; teaching the students.

G. Private teaching outside of the Institute is prohibited without the written approval from the Employer. If the Instructor desires additional employment, such interest shall be expresses in writing to Employer. Upon receipt of such request, the Employer may, at its sole discretion, allow additional employment. Any and all exceptions to this provision can and must be made by written consent of the Employer.

H. The Instructor agrees by execution of this Agreement, to abide by a dress code. Instructor shall dress in professional attire. Male Instructors shall wear a dress shirt, tie and slacks. Female Instructors shall wear dress, skirt or slacks and an appropriate top. Extremely short attire is prohibited. This dress coed is in effect during the indoor teaching period. For all the events directed by the school outside the classroom, such as physical education outdoor classes, picnics, field trips, etc, the Instructor shall be dressed in designated attire.

I. If the Instructor wishes to drive in Korea, an international driver's license is required. The Instructor shall take full responsibility for any cost of acquiring a vehicle, the maintenance of such vehicle, any insurance/fees of such vehicle, and shall hold the Employer free from any harm and/or responsibility of and from such vehicle.

J. The Instructor accepts liability for any damages that arises out of the conduct of instructor.

K. The Instructor shall not at any time or in any manner, either directly of indirectly, divulge or disclose to any person, firm or corporation in any manner whatsoever any information concerning any matters affecting or relating to the business of Employer, including any of its customers, the prices it obtains or has obtained from the sale of, or at which it sells or has sold, its products or services, or any other information concerning the business of the Employer, its manner of operation, matters will be deemed confidential, material, or important, the parties hereto stipulating that as between them, the same are important, material, and confidential and gravely affect the effective and successful conduct of the business of Employer, and, Employer's good will and that any breach of the terms of this paragraph shall be a material breach of this Agreement.
Director’s Initials Instructor’s Initials

VI. It is further agreed between the parties that:

A. The services to be rendered by the Institute are of a unique and original character entitling the Institute to acknowledgement of this contract by injunction or other relief in a court of equity.

B. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith and no evidence of any proceeding, arbitration, or litigation, between the parties hereto arising out or 개 affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed a aforesaid, and the parties further agree that the provisions of this Section may not be waived except as herein set forth.

C. Both parties have read the above conditions and agree to the terms contained herein in good faith.

The Employer
Singed on 2012.
Signature
Principal of Kid's College Language Institute
The Instructor
Signed on 2012.
Signature
Instructor of Kid's College Language Institute
Director’s Initials Instructor’s Initials


Last edited by DoraMallott on Fri Dec 28, 2012 8:46 pm; edited 12 times in total
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YTMND



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

PostPosted: Fri Dec 28, 2012 3:35 am    Post subject: Reply with quote

Quote:
We've all paid a hefty fine for this (it was that or deportation!) and hence are looking for other jobs...!


Post in a new thread about this. This thread (sticky) is only for contracts.

Quote:
herein referred to as "Instructor," and Kid's College Language Institute, herein referred to as "Employer"


Two things. One, remove all personal data identifying you and the school, unless it is a big well-known chain.

Second,

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:
D. The Employer may terminate this contract at any time because of the Employer's dissatisfaction over, violation of instructions or rules of the Institute, or failure of Instructor to comply with any one of the agreements contained herein.
Director’s Initials Instructor’s Initials


Heavy handed beginning, and so far we see no core agreements yet.

Quote:
The instructor will be guaranteed a base salary of 2,100,000won per month (approximately US$1,780) barring absenteeism.


2,100,000.00 Korean Won = 1,966.64 U.S. Dollars as of 7:08 pm, China time on December 28, 2012.

Quote:
If this teaching load requires that the instructor teach over 120 hours a month, the teacher will be paid an additional 14,000won(approximately US$12.00) an hour for each hour over 120hours.


You will be screwed. This is how much you will be screwed in US dollars.

Normally, it's 18,000-20,000 for overtime (17.80 U.S. Dollars).

Quote:
All instructors are required to attend a weekly staff meeting at 7:30 P.M. on Tuesday evenings.


Not a big deal, but take note. So far, I still see no agreements yet. Schedule? Apartment? Classes per week? Where are they?

Quote:
I. If the Instructor wishes to drive in Korea, an international driver's license is required


Miscellaneous stuff. Where are the core agreements?

Quote:
C. Both parties have read the above conditions and agree to the terms contained herein in good faith.


Ok, and how about the core agreements?

This type of contract is not enough. Sometimes contracts are 80% in favor of the employer and 20% the employee. This one is 60% in favor of the employer and 5% the employee. The other 35% is unaccounted for.

1. What is the usual schedule? How many teaching hours? How many office hours? Why do we need to agree on driving responsibilities but not our schedule?

2. What about the apartment? What will they provide? They told you what you have to give, what will they give? Usually they say "a bed", you want to sleep on a bed right? How about appliances for the kitchen? I see no mentioning of this.

3. I see nothing that states how many classes you teach. If you want overtime, you need to know the number of classes they expect from you. 25 is the average. Many now try to get 30.

The contract is lacking in what they will do for you. So,if they make up excuses to inform you, then move on. If they provide more information and post a new contract, let's see it. Not enough to go on. They are a C- to C school so far. Needs progress.
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cnm17



Joined: 22 Aug 2012

PostPosted: Fri Dec 28, 2012 5:56 am    Post subject: Reply with quote

edited.

Last edited by cnm17 on Sun Dec 30, 2012 1:57 pm; edited 2 times in total
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newteacher10



Joined: 11 Nov 2009

PostPosted: Fri Dec 28, 2012 6:05 pm    Post subject: Reply with quote

Hey, Id just figured id get a 2nd opinion on this contract. Some things already sound a little off and im suspecting that it was just copied from another contract and used as a template as it looks very similar to one I saw but different schools. An example being this is a kindy-elem hagwon, but it lists the ages from 3-adult haha. Im going to have a talk with the school so they can straighten things up and if not, out it goes.


This EMPLOYMENT AGREEMENT has been made this day 6th January , 2013 between the above mentioned ‘Employer’, the above mentioned ‘Teacher’,
, under the terms and conditions set forth below.


Both parties agree on the following terms and conditions:


CLAUSE 1 (APPOINTMENT)


The employer agrees to employ the teacher during the period stipulated herein.

The teacher agrees to accept employment and will work in his/her full capacity for the school.


CLAUSE 2 (PERIOD OF EMPLOYMENT)

a. The total Agreement term is from 2013.01.07 to 2013.12.27, commencing from the first teaching day, ending on
the last teaching day of the teacher's twelfth full teaching session, according to the ‘hagwon’ session
calendar.

b. During the duration of this contract and without prior consent of the employer, the employer can deny a release
letter to the employee seeking another job position elsewhere.




CLAUSE 3 (THE EMPLOYER’S RESPONSIBILITIES)

a. The employer is required to provide support to the teacher in his/her full capacity, working together to provide
quality English instruction under the terms stated in this contract.

b. The employer will honor the terms and conditions of employment, as stated within this contract.


CLAUSE 4 (THE TEACHER’S RESPONSIBILITIES AND DUTIES)

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

b. The teacher MUST be adequately prepared for the classes in advance, preparing a detailed lesson plan for every
class, every day.

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.

d. The teacher’s work will include the following:

1 Teaching the English to students (Target students’ ages: 3 to Adult)

2 Develop educational programs and materials, expanding off of what is already provided in the
‘hagwon’’ curriculum

3 Curriculum design and implementation

4 Indoor/outdoor classroom activities for/with students

5 Level tests, placement by levels, evaluation, check list, monthly report

6 Providing students with individualized care

7 Attending teacher’s meetings, training, and workshops

8 Other related ‘hagwon’ activities and requirements (please refer to the ‘Teachers
Manual’


CLAUSE 5 (WORKING HOURS)

a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor or Director from
Monday through Friday, and during special events.

b. Teachers will be required to attend some special events throughout the year (Workshops, graduation ceremony,
etc.), which may fall on a Saturday. Teachers do not receive additional compensation for these days.


c. The teacher 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)


CLAUSE 6 (SALARY AND OVERTIME RATE)

a.

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

b. The employer agrees to pay the teacher salary of 2.100.000 Korean Won for 120 teaching hours per session and
preparation for classes.

c. The payment of the teachers’ salary is to be made on 16th of each month, after the required work is completed.

d. Each teaching hour exceeding the 120 teaching hours/session will be considered as overtime. The payment for the
overtime will be 15,000 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.

e. Depending on the hagwon, Teacher can work on Saturday. When teacher work 4 hours Saturday,
teacher can 4 hours break time on week day or receive overtime pay


CLAUSE 7 (TAX)

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


CLAUSE 8 (TRANSPORTATION)

a. Airline tickets to the United States are provided to the teacher after the term of the contract, the teacher should
teach for the entire contract period


CLAUSE 9 (ORIENTATION AND TRAINING)

a. Upon the arrival in Korea, the teacher will attend a new teacher’s orientation and training.

b. During the orientation period the teacher must attend the official ‘hagwon’ training at the head office
to learn about the school system. Upon completion and passing of the test provided in the end of the training
session, the teacher will receive a certificate, and become a certified ‘hagwon’ teacher.

c. The employment may be canceled during the orientation period in the headquarters if he/she is judged to be
inadequate or incompetent to become teachers.

d. Teachers will be paid during the orientation period.


CLAUSE 10 (MEDICAL INSURANCE)

a. Medical insurance is to be provided by Korean Medical Insurance Union or a different private health insurance
company/organization.

b. Half of the insurance premium is to be paid by the employer, while the other half is to be covered by the teacher.


CLAUSE 11 (VACATION , HOLIDAYS AND SICK DAYS)

a. The teacher will be allowed holidays during national holidays, while vacation days are allowed only during the days
allowed/stated in the ‘hagwon’ session calendar.

b. The teacher may use up to 2 paid sick days per year provided they bring a doctor’s note from a company-
recognized hospital. Any additional sick days beyond the 3 provided will be counted as absences, and the
payment will be calculated according to the daily rate/hourly rate.


CLAUSE 12 (Visa Sponsorship) /

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.

b. The Teacher should pay for all fees in acquiring the necessary teaching visa issuance number through the
immigration office. Visa application fees and its related expenses in the Teacher’s homeland will be paid at his/
her expense.



CLAUSE 13 (ACCOMMODATIONS)

a. The school will provide the teacher with furnished accommodation.

b. Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, wardrobe,
kitchen table, basic utensils, chairs, and burner

c. Selection of the apartment and its location is to be made by the employer, and will be made without consulting with
the teacher.

d. The deposit and monthly rent is the full responsibility of the employer.

e. Any and all other living costs are to be the full responsibility of the teacher. (All utilities: gas, electricity, cable,
internet, etc.)

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.

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.



CLAUSE 14 (SEVERANCE PAYMENT)

Upon completion of this contract, the teacher will receive a severance payment of one month’s salary, as mandated
by the Korean workers protection legislations. The Employer agree to the teacher’s bonus pay for one month’s salary
and any and all income taxes are to be withheld.


CLAUSE 15 (DISMISSAL OR VOLUNTARY RESIGNATION)

a. The employer reserves the right to dismiss the teacher from employment for the following:

1 In this case the teacher is received two written warnings because the teacher fails to perform or
unsatisfactorily performs any one of the duties stipulated in this agreement.

2 The Teacher fails to perform duties for more than two(2) consecutive days without any clear excuse.

3 Criminal behavior or misconduct according to Korean Law.

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.

5 When the teacher work for another institute or another employer including private teaching

b. The employer agrees to give the employee the courtesy of 10 working days notice in the event of dismissal.
However, in the case of a teacher’s criminal behavior, misconduct, or with any discretion thereof, he/she will be
dismissed from employment immediately, without warning or notice. Overall, the employer reserves to right to
dismiss an employee at anytime.

c. In the event the teacher resigns from employment, he/she can do so giving 60 working days notice to the
employer.


CLAUSE 16 (GOVERNING LAW & JURISDICTION)

a. This Agreement is governed under the laws of the Republic of Korea and any breach of this contract, of any form,
may result in prosecution through the legal system in the Republic of Korea.

b. This Agreement is made final and firm unless any material modification or amendment to this Agreement is
executed with the full knowledge and consent of the undersigned and incorporated into this Agreement.
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YTMND



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

PostPosted: Fri Dec 28, 2012 11:03 pm    Post subject: Reply with quote

cnm17,

Quote:
The instructor’s working hours(9:30 AM ~ 6:00 PM) shall be determined by the School’s schedule. However, the teaching schedule can be changed according to School’s schedule.


What exactly are you worried about here? Sometimes they ask for availability not the total number of hours you need to work. Ask them what kind of teaching schedule you will have and compare that to office hours.


newteacher10,

Quote:
An example being this is a kindy-elem hagwon, but it lists the ages from 3-adult haha.


Maybe they will have a few adults sign up, but that's not where most of your teaching would be. So, they tell you it is a job for kids even though they want it mentioned in the contract in case they get an adult.

If you absolutely don't want it, then ask them.

Quote:
the above mentioned ‘Teacher’,


Why not employee? Scroll up, I pasted a template answer in another post.

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


Find out exactly what they want. 1.5 should be 2 class hours, but when they say it is 60 minutes what will you do for the other 15 minutes? They add up. If it is part of your office hours then it might not be bad. But if you are in the classroom for 1.5 hours, that is 45/45. There is no 60 minutes for a teaching hour. I don't see how they can justify this.

Quote:
. The payment of the teachers’ salary is to be made on 16th of each month, after the required work is completed.


A bit late, I try for the 10th of the following month or earlier.

Quote:
he payment for the
overtime will be 15,000 Korean Won per each teaching hour.


Average = 18,000-20,000

Quote:
e. Depending on the hagwon, Teacher can work on Saturday. When teacher work 4 hours Saturday,
teacher can 4 hours break time on week day or receive overtime pay


So, you can get paid less than the norm for Saturday work? Not for me. Overtime and weekend hours should be more.

Quote:
a. Airline tickets to the United States are provided to the teacher after the term of the contract, the teacher should
teach for the entire contract period


Usually good schools pay the airfare or reimburse. After 6 months, good schools don't try to get the arrival money, but you have to pay for a flight home.

Quote:
b. The teacher may use up to 2 paid sick days per year provided they bring a doctor’s note from a company-
recognized hospital. Any additional sick days beyond the 3 provided will be counted as absences, and the
payment will be calculated according to the daily rate/hourly rate.


"and the
payment will be calculated according to the daily rate/hourly rate."

Are they going to use the 15,000 won rate here too? I bet not. I bet they will deduct more than 15,000. Ask them first before talking about overtime and see what they say. Then tell them if they are deducting more than 15,000 in this case then why not pay more for overtime.

There are a lot of restrictions concerning money. Clear those up and decide if you want this or not. It's not a good offer, but maybe it is in a good location.
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cnm17



Joined: 22 Aug 2012

PostPosted: Sat Dec 29, 2012 7:06 am    Post subject: Reply with quote

YTMND wrote:
cnm17,

Quote:
The instructor’s working hours(9:30 AM ~ 6:00 PM) shall be determined by the School’s schedule. However, the teaching schedule can be changed according to School’s schedule.


What exactly are you worried about here? Sometimes they ask for availability not the total number of hours you need to work. Ask them what kind of teaching schedule you will have and compare that to office hours.




I think I just read it in a haste!
I will ask them about the teaching schedule.
Thank you for your input!
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DoraMallott



Joined: 30 May 2012
Location: Manchester UK

PostPosted: Sat Dec 29, 2012 7:21 am    Post subject: cheers for the advice :) Reply with quote

Thanks for the advice regarding my contract... I have been through it with a fine tooth comb and came up with many questions regarding it... Really appreciate you taking the time to go over it... Smile
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cmb2



Joined: 06 Dec 2012

PostPosted: Sun Dec 30, 2012 4:30 pm    Post subject: Reply with quote

TERMS AND CONDITIONS

1. Job Description:

The “employee” will work for the “employer” as an English Instructor. The duties of the “employee” will be as follows:

a. Curriculum design and implementation
b. Development of educational programs and materials
c. Grading and evaluation of students
d. Attendance at teacher's meetings and workshops
e. Other activities directly related to teaching

2. Period of Employment:

The period of employment will begin from February 1th, 2013 to January 31th, 2014.

3. Regular Hours of Employment

Each class will consist of approximately 60 minutes in length and will cover of all duties mentioned in Section 1 above. The employee” will work from Monday to Friday, or Thursday to Monday or Friday to Tuesday(having two days off in a row) for a total of 120 classes per month. All classes exceeding 120 classes per month will be considered as overtime classes.

4. Overtime Hours of Employment

The “employee” may choose to work over time classes at the following rate of 18,000 won per class.

5. Salary

The base salary paid for regular hours of employment will be 2,100,000 won per month for 120 classes, payable at the end of each month worked by the “employee”. The salary will be paid to the “employee” once per month without delay for a period of 12 months. Overtime classes will be calculated and paid per month at a rate of 18,000 won per class.

6. Income Tax

Income tax will be deducted from the base salary in accordance with Korean Tax laws.

7. Health Insurance

The “employer” will provide adequate health insurance for the “employee” during the duration of this contract. The “employer” and “employee” will each share 50% (will be split between the two 50/50) of the total cost of health insurance. Upon request the “employer” will provide the “employee” proof of health insurance coverage. The “employee” is also entitled to 3 paid sick days per year.

8. Housing

The “employer” will furnish the “employee” with a studio-type apartment consisting of basic appliances. The apartment will be provided at no cost to the “employee” with the exception of utilities and telephone. The “employer” will also ensure that the apartment is a clean, quiet and safe environment in which the “employee” can live comfortably while in Korea.

In return for a furnished apartment, the “employee” agrees to respect and care for the apartment, with the exception of normal repairs, in a respectful manner. Any outstanding bills belonging to the “employee” will be the sole responsibility of the employee. In the event that the apartment is shared, the outstanding bills will be split evenly between all residents of the apartment.


9. Airfare

The “employee” will be provided with a one-way airfare and a one-way airfare back upon completion of the contract. The airfare will be reimbursed as soon as the employee arrives in Korea.

10. Holidays

The “employee” is not expected to work during these days.

11. Vacation Pay

The “employee” will receive 10 paid vacation days per year ( 1 week in summer and 1 week in winter).

12. Severance Pay

Upon completion of this contract, the “employee” will receive one month’s salary as severance pay in accordance with Korean Labor Laws. Under no circumstance will this severance pay be withheld from the “employee”.

13. Rights and Responsibilities

Both the “employer” and the “employee” are to be considered professionals and as such will treat each other with mutual respect and dignity. However, since the “employee” is working under contract for the “employer”, the “employee” will make every reasonable effort to follow the direction, training and supervision of the “employer”. The “employee” will also carry out the teaching assignments given by the “employer” in a professional manner.

14. Dismissal

The “employer” may dismiss the “employee” from employment under the following conditions:

a) Violation of the laws of the Republic of South Korea
b) Teaching classes while under the influence of drugs or alcohol.
c) Being late for class on a continuous basis.
d) Continuous failure to keep regularly scheduled class hours.
e) Repeated absences from classes without a valid reason.
With the exception of Section 14.a and 14.b above, the “employer” must first bring the problem to the attention of the “employee” in writing and make every attempt to resolve the situation. The “employee” will then follow the direction of the “employer” also and make every attempt to correct the problem. However, circumstances beyond the control of the “employee” are exempt from Section 14. Circumstances may include, but not limited to accident, death, and illness or unpredicted events.


15. Termination of Contract

With the exception of Section 14 of this contract, the ‘employer’ or “employee” may cancel this contract with 45 days written notice. In the event that the “employee” seeks release from this contract, the employer must issue a letter of release to the “employee” upon request, without delay or fee being charged to the employee or potential employers. Under no circumstances shall the employer refuse the employee a letter of release or hinder the “employee” from securing future employment in Korea.

16. Resolving Disputes

While both parties enter into this agreement with total honesty and integrity, disputes may sometimes occur. In such cases, both parties will be bound by all terms and conditions of this contract and will try to resolve the difference in a civil manner that is fair to both parties. In the event that no solution can be found for a problem and either party decides to terminate this contract, they must do so in accordance with Section 14 above. Upon such termination, both parties will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.

17. Transferal of Contract

Under no circumstances can the “employer” exchange, give, sell, or transfer this contract or the services of the “employee” to another party or Institute without the written consent of the “employee”.

18. Changes to Contract
There will be no changes or additions to this contract without the written consent and approval of both parties. Any changes made must be in writing and signed by both parties to be included in this contract. Any changes made to this contract, whether verbal or other, without the knowledge and written consent of both parties are to be considered invalid, and as such are not part of this contract.

19. Release from Contract

With the exception of Section 15, both the “employer” and the “employee” are released from this contract in the case of:

a) Death, war, accident, or unforeseen events.
b) Failure to obtain an E2 visa from Korean Immigration
c) Failure to meet any or all of the terms and conditions of this contract

20. Language of Contract

The language of this contract is written in English. For convenience of the employer this contract may be translated into Korean upon request and prior to the signing of this document. In event of a dispute, the English version of this contract will prevail.

21. ADDITIONS TO CONTRACT
All other matters not stated above will be based on the Korean laws and regulations including The Labor Standard Act, Regulations about Employment, and SLA company regulations. When the Employee is temporarily required to work in the head office by the Employer, for reasons such as curriculum development, the working hours are 2pm~9pm.

Both the employer and the employee have read and understood all the terms and conditions of this contract and do hereby enter into this contract which will be binding upon all parties, their heirs and successors.
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YTMND



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

PostPosted: Sun Dec 30, 2012 10:03 pm    Post subject: Reply with quote

Quote:
Each class will consist of approximately 60 minutes in length and will cover of all duties mentioned in Section 1 above. The employee” will work from Monday to Friday, or Thursday to Monday or Friday to Tuesday(having two days off in a row) for a total of 120 classes per month. All classes exceeding 120 classes per month will be considered as overtime classes.


Vague. Usually classes are 40-50 minutes, so what do they mean/want with the remaining minutes to get 60? They add up, find out.

Contract is a bit short. If there are specific things like vacation or who you will teach, ask the school. Look at other contracts and compare. Location is another factor, ask for photos of the school and apartment.
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akim6890



Joined: 20 Dec 2012

PostPosted: Mon Dec 31, 2012 12:58 pm    Post subject: New Contract! Reply with quote

Sorry for the formatting. Please help me with this. It's with a popular hagwon but I still removed the titles. I believe it's a "branchise" which scares me and some of the stipulations scare me as well. Any experience or luck with changing contract terms with this company?

AGREEMENT FOR TEACHING SERVICES
This AGREEMENT (“Agreement”)

WHEREAS, the Company desires to enlist the services of the Instructor and the Instructor desires to render such services on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:

1. Work Period and Compensation
1.1 Subject to the terms and provisions of this Agreement, the Company hereby appoint the Instructor as one of its
independent-contractor instructors and pays for services to be provided by the Instructor and the Instructor hereby
accepts such appointment and agrees to offer services to the Company, during the period (the “Initial Term”)
commencing on FEBRUARY 25TH, 2013 (the "Commencement Date") and ending on FEBRUARY 24TH, 2014 (the “End Date”), unless extended as provided below or terminated sooner as provided in Article 3 hereof ("Termination").
This Agreement shall become effective only upon the Instructor having successfully passed the training program. Learning training program and obtaining a teaching certificate issued by (date) . This Agreement
shall not become effective if there is a refusal of the training program by the Instructor or poor performance resulting in a failure to pass the training program by the Instructor.
1.2 The hourly rate for the Instructor’s services shall initially be set at Twenty Eight Thousand (28,000) Korean Won,
which shall be paid monthly only upon full completion of all duties and obligations arising from the applicable month.
The Instructor shall be entitled to payment calculated on the hourly rate only for actual teaching hours but not for any
other time spent in other any activities, including but not limited to time spent in preparing for or traveling to and from
scheduled classes.
1.3 The monthly compensation, deducted by any applicable taxes required by law, will be paid by the 10th day of each
month; provided, however, that in the case where such date falls on a holiday or any other days on which banks are
normally closed (including weekend), the monthly compensation will be paid on the following business day.
1.4 The Instructor may be required to teach classes on weekend days (Saturday or Sunday) should the schedule
designated by the Company call for such classes to be taught by the Instructor. The Instructor is also required to attend
periodic training sessions held by the Company in order to improve the quality of his/her services to be provided
hereunder. The hours spent in relation to these periodic training sessions shall not be construed as teaching hours and
the Instructor shall not be compensated for preparing for, traveling to, or attending such training sessions.
1.5 In the event that the Instructor is required to teach additional special classes during regular school vacation periods
(Spring, Summer and/or Winter vacations), the same hourly rate as stipulated in Article 1.2 shall apply.
1.6 The Company may, at its sole discretion, provide the Instructor with stipends or other additional remuneration;
provided, however, that such stipends or other additional remuneration shall neither be expected nor required by either
party.
1.7 The Company guarantees the Instructor an average of Twenty-four (24) teaching hours per week in a given calendar
month, which may include hours on weekend days; provided, however, that such guarantee shall not be applicable in
any of the following events:
a. any date of the relevant week falls within any of regular Korean school examination periods, Korean holidays; or
b. any other events, for which classes may be cancelled due to a lack of students.
1.8 Subject to Article 2 below, the Instructor shall be entitled to up to Seven (7) consecutive days (class days and nonclass days included) of unpaid professional development leave per year to be taken during regular Korean school
examination periods: provided, however, that the Instructor shall comply with the notification procedures designated by
the Company and obtain prior written approval of the Company for such leave(s). Instructor shall neither apply for any
professional development leave until the completion of six (6) full months of providing services under this Agreement
nor apply for any professional development leave more than once in any consecutive nine (9) months.
1.9 In the event that the Instructor is requested to substitute for another instructor in such other instructor’s class, the
same hourly rate as stipulated in Article 1.2 shall apply.
2 Initials ____________
1.10 The Instructor will be required to successfully complete orientation and training as stated in Article 1.1. The Company
may provide accommodation at a remote camp training session or at a nearby hotel in Seoul if training is to be
conducted at the headquarters. It is the sole discretion of (company name) which training session the
instructor will attend.
1.11 The company shall provide the instructor remuneration for travel expenses of One Million (1,000,000) Korean Won,
which will be given within the first invoiced pay period, provided that the primary purpose behind the expenses was to
commence a contract at the Company and a proper receipt(s) for such expenses are provided (ie: airfare ticket). The
remuneration shall be made in full to the instructor upon completion of Training and beginning of assigned classes.
Applicable Korean taxes will be deducted accordingly from the remuneration for travel expense. In the event that this
Agreement is terminated by either party prior to the completion of Training and beginning of assigned classes, the
Company is released from any obligations to make any such payment to the Instructor. In the event that Instructor fails
to complete twelve (12) continuous months of this one-year contract, any and all portions of the remuneration of One
Million (1,000,000) Korean Won will be withheld from Instructor¡¯s final invoiced payment.
1.12 The Instructor agrees and understands that he/she will be paid on an hourly basis with limited hours, duties, and
responsibilities which do not qualify him/her as a full-time employee, and shall not receive any benefits available to fulltime employees including but not limited to severance pay, health insurance, and pension payments, all of which are
the sole responsibility of the Instructor.
2. Covenants
2.1 The Instructor shall use his/her utmost efforts to deliver the highest quality of education in line with the Company’s
requirements and programs and observe all the required Student Management Procedures and the Company
Guidelines specified in Appendix A, attached hereto. The Instructor shall work in good faith to accommodate requests
by the Company’s administration staff. In addition to the foregoing, the Instructor shall:
a. comply with the proper check-in procedures and arrive at his/her classroom at least twenty (20) minutes prior to the
beginning of classes each working day;
b. comply with the dress code of the Company;
c. prior to completion of six (6) consecutive months of providing services hereunder without any failure to the
punctuality obligation specified in (a) above or absence from work, refrain from requesting any of the following: 1)
time off; 2) professional development leave or any other leave; or 3) excuse of performance of the obligations
hereunder for any reason;
d. not request professional development leave more than once within any six (6) consecutive months; and
e. refrain from directly or indirectly causing any harm to the operations, management or corporate image of the
Company.
If the Company determines that the Instructor has failed to observe and abide by any of the provisions (a) through (e)
above, it may terminate this Agreement without prior notice to the Instructor reserving and not prejudicing all its rights
to pursue any and all remedies at law or in equity, including but not limited to legal expenses and attorneys fees, to
rectify or seek compensation for any breach or damages caused by the Instructor.
2.2 Substandard performance. Any instructor who fails to comply with any of the guidelines set forth herein may receive an
official notification of sub-standard performance. The consequences of receiving an official notification of sub-standard
performance are as follows:
a. instructor may have a number of teaching hours or classes reduced, resulting in reduced pay;
b. instructor may be required to attend additional training sessions;
c. lack of immediate and sustained improvement by the Instructor may lead to immediate termination of the
Agreement;
d. Any further infractions of the Company Guidelines outlined in Appendix A may lead to immediate termination of
the Agreement.
2.3 Work Product. All original materials produced by the Instructor in performing his/her obligations hereunder during the
Initial Term or any renewed or extended term of this Agreement shall become and remain the sole property of the
Company.
2.4 Unauthorized Disclosure. The Instructor agrees and understands that due to the Instructor's relationship with the
Company, the Instructor has been and will be exposed to and receive information on or of the Company, including but
not limited to technical information, customer information, product information, intellectual property, computer systems,
and other information concerning the Company's products, development, business policies and practices, and other
forms of information considered by the Company to be confidential and/or in the nature of trade secrets. The Instructor
agrees that during the Initial Term of any renewed or extended term of this Agreement and thereafter, the Instructor
shall keep such information confidential and not disclose such information, either directly or indirectly, to any third
person or entity without the prior written consent of the Company (unless such information is otherwise in the public
domain through no fault of the Instructor); provided, however, that nothing in this Article 2 shall prevent the Instructor
with or without the Company's consent, from disclosing documents or information in connection with any judicial or [MB-OS-HO]
3 Initials ____________
administrative investigation, inquiry or proceeding, if the Instructor is compelled to disclose such information do so by a
judicial or administrative order, notifies the Company as soon as practicable after the receipt of such order, and limits
such disclosure to only such information as required to be disclosed by such order. This confidentiality covenant has
no temporal, geographical or territorial restriction. Upon termination of this Agreement, the Instructor will promptly
surrender possession to the Company and refrain from using all property, keys, notes, pass codes, memoranda,
writings, e-mail accounts, lists, files, reports, customer lists, correspondence, tapes, disks, cards, logs, machines,
technical data or any other tangible products or documents in the actual or constructive possession of the Instructor.
2.5 Non-solicitation and Non-disparagement. The Instructor agrees that the Instructor shall not during the Initial Term and
any renewed or extended term of this Agreement and for a period of six (6) months thereafter (the "Restriction Period"),
intentionally or knowingly, directly or indirectly, (i) interfere with the relationships of the Company and any of its
affiliates, or endeavor to entice away from the Company and any of its affiliates, any individual, person, firm,
corporation or other business entity who at any time during the Initial Term and any renewed or extended term of this
Agreement is an employee or customer of the Company and/or any of its affiliates or otherwise has a material
business relationship with the Company and/or any of its affiliates, or (ii) discourage, or attempt to discourage, any
individual, person, firm, corporation or business entity from doing business with the Company and/or any of its affiliates.
The Instructor agrees that during the Initial Term and thereafter, he/she shall not intentionally or knowingly, directly or
indirectly, make or publish any negative or disparaging statements, comments or remarks regarding the Company
and/or any of its affiliates, instructors, employees, directors, or officers.
2.6 Remedies. The Instructor acknowledges that any breach of the terms of in this Article 2 would result in irreparable
injury and damage to the Company for which there would be no adequate remedy at law. The Instructor therefore
agrees that in the event of said breach or any threat of breach, the Company shall be entitled to an immediate
injunction and restraining order to prevent such breach and/or threatened breach and/or continued breach by the
Instructor and/or any and all persons and/or entities acting for and/or with the Instructor, without having to prove
damages, and to all costs and expenses, including reasonable attorneys' fees and costs, in addition to any other
remedies to which the Company may be entitled at law or in equity. The terms of this paragraph shall not prevent the
Company from pursuing any other available remedies for any breach or threatened breach hereof, including but not
limited to the recovery of damages from the Instructor. The Instructor and the Company further agree that the
provisions of this Article 2 are reasonable and the Company would not have entered into this Agreement but for their
inclusion herein.
2.7 Drug Testing. The instructor agrees and understands that it is the policy of the Company to maintain a drug-free work
place. Instructors must undergo drug testing during the initial training session prior to the start date in section 1.1 and
may be subject to random drug testing anytime for the duration of the contract. As soon as notification is given to the
instructor’s location, the test must be taken within 48 hours of notification. The Company will pay for the cost of the
initial test and any random test. Refusal to take the test without reasonable grounds or failure of the test (positive
identification of drug usage) will be subject to termination per Article 3.
2.8 The provisions of this entire Article 2 shall survive any termination of this Agreement, and the existence of any claim or
cause of action by the Instructor against the Company, whether predicated on this Agreement or otherwise, shall not
constitute a defense to the enforcement by the Company of the covenants and agreements of this Article 2.
3. Termination
3.1 The Instructor may terminate this Agreement by providing Sixty-five (65) day advance notice in writing. In order to
protect the continuity of education for the Company’s students, both parties shall faithfully fulfill all of their duties under
this Agreement until its actual termination.
3.2 In the case where the instructor does not provide Sixty-five (65) days notice, the Company reserves the right to
withhold compensation accordingly.
3.3 Notwithstanding Article 3.1, the Company reserves the right to terminate this Agreement without prior notice to the
Instructor.
3.4 Notwithstanding Article 3.1, in the event that the Instructor refuses the teaching schedule as provided in Article 1.7
prior to the Commencement Date or anytime thereafter up to the End Date, the Company may terminate this
Agreement without any prior notice.
3.5 In the event this Agreement is terminated prior to the End Date and the Instructor wishes to apply to any
Learning school, other than the one where he/she has provided services hereunder, he/she shall be
required to produce a signed letter of release or recommendation from the Company. In the absence of such document,
the Instructor shall not be eligible to apply to nor be hired at any other Learning schools until the End
Date, unless the Instructor has terminated this Agreement due to any material breach of this Agreement by the
Company.[MB-OS-HO]
4 Initials ____________
4. Non-Waiver of Rights. The failure to enforce at any time the provisions of this Agreement or to require at any time
performance by the other party of any of the provisions hereof shall in no way be construed to be a waiver of such
provisions or to affect either the validity of this Agreement or any part hereof, or the right of either party to enforce each
and every provision in accordance with its terms.
5. Entire Agreement. This Agreement sets forth the entire understanding of the parties hereto with respect to the subject
matter hereof and supersedes all prior agreements and plans, written or oral between them as to such subject matter. No
party has been induced to enter into this Agreement by, nor is any party relying on any representation or warranty outside
those expressly set forth herein.
6. Severability. If any provision of this Agreement, or any application thereof to any circumstances, is deemed invalid, in
whole or in part, by a court of law or other governmental authority, such provision or application shall to that extent be
severable and shall not affect other provisions or applications of this Agreement.
7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Republic of
Korea, without reference to the principles of conflict of laws. Any and all conflicts shall be resolved by a competent court in
the Republic of Korea, unless the parties hereto agree in writing to arbitrate the relevant conflict.
8. Modifications and Waivers. No provision of this Agreement may be modified, altered or amended except by an
instrument in writing executed by the parties hereto. No waiver by either party hereto of any breach by the other party
hereto of any provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or
dissimilar provisions at the time or at any prior or subsequent time.
9. Impracticability of Performance. In the event of calamity, including but not limited to riot, insurrection, war, or other
emergency conditions, as well as significant changes in the law occurring in the Republic of Korea and caused by acts of
nature or of man, which may hinder or alter the normal operations of the Company, this Agreement shall be deemed null
and void and all obligations arising herein shall be immediately terminated.
10. Headings. The headings contained herein are solely for the purposes of reference, are not part of this Agreement, and
shall in no way affect the meaning or interpretation of this Agreement.
11. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an
original but all of which together shall constitute one and the same instrument.
12. Confidentiality of Agreement. The remuneration and all terms of this Agreement are strictly confidential. In the case
of violation of the foregoing by the Instructor, the Company may immediately terminate this Agreement.
13. Instructor Representations. The Instructor represents and warrants to the Company that the Instructor is not subject
to any agreement, written or oral, any law, regulation or similar enactment, or any decree, order or similar action by any
tribunal or government authority, which could, in any way, restrict the Instructor’s ability to negotiate, enter into this
Agreement or fully perform any obligations hereunder.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date set forth below.
Learning INSTRUCTOR
On its behalf:

_____________________________________ _______________________________________
Name: Print Name:
Title: CEO ID or passport#:
Date: 2012. 12. 20 Date: 2012. 12. 20[MB-OS-HO]
5 Initials ____________
Appendix A- Company Guidelines (as of 04.16.2009)
1. Punctuality
Rationale 1: One of the core responsibilities of the Instructor is the management and counseling of his/her students. In
order to facilitate counseling of students in every class, the Instructor should review past grades, student issues – a form
used in student management procedure) history, and other data and documents related to his/her students and designate
students for possible counseling – whether that counseling is for praise, encouragement or any other purposes. Class time
is reserved for instruction and counseling only. A review of student history should be done outside class time as a part of
preparation or follow-up. Since the well-being of students is the main priority of Company and the Instructor, it is only the
reason for instructors to be on the premises preparing for any relevant day’s class or classes.
Rationale 2: Punctuality is a crucial component of activities or operations befitting the Instructor. Due to the obvious
unpredictability of Korean traffic and other unforeseen circumstances, the Instructor should begin their commute to the
premises with a reasonable buffer time in order to ensure his/her punctual arrival for smooth and professional classes.
Due to the above reasons, the Company may monitor and track the time of arrival of every instructor to verify that all
instructors arrive on time for class. Although it is suggested that Instructor arrives at least 30 minutes before the start of
each class, all instructors are required to log in to class in the ERPS (Enterprise Resource Management System) at least
20 minutes before the start of a 3-hour, 6-hour, or 9-hour block of classes in accordance with the rationales stated above
(the “20-Minute Rule”). All log-in to the ERP must be done in the class where the day’s instruction is to be held, and log-in
from other areas or classroom will be restricted.
Furthermore, the Instructor shall attend any and all his/her classes from the start thereof (the “Punctuality Rule”) and the
Instructor acknowledges that the Company will not tolerate any violation of such Punctuality Rule. The Company is
extremely sensitive to any violation of the Punctuality Rule by the Instructor because such violation is the
most conspicuous index of instructors' unprofessional behavior. It is an indication of a lack of responsibility, a poor work
ethic, and a blatant disregard of the trust that the Company has received to educate Korea’s children. Therefore, the
following guidelines shall be used in order to promote not only awareness but also certainty of the results of such
violations, and the Company requests that the Instructor do his/her utmost to maintain the level of professionalism
required to abide by the guidelines below.
Violation of 20-Minute Rule During 1 Term of 3 Months
Number of Violations Result
1 Notification (Online and Offline)
2 Notification (Online and Offline)
3
Substandard Performance Notification (Online and Offline)
4
5 Termination of the Agreement
* The formula for payment deduction: Payment for services provided by the Instructor under Article 1 of the Agreement
Violation of Punctuality Rule During 1 Term of 3 months
Number of Violations Result
1 Deduction of payment in accordance with the formula below + Notification (Online and Offline)
2
Deduction of payment in accordance with the formula below + Substandard Performance
Notification (Online and Offline)
3 Termination of the Agreement[MB-OS-HO]
6 Initials ____________
shall be deducted by the missed class time, which shall be calculated by rounding up any minutes of class time, during
which the Instructor fails to attend the relevant class, to the nearest hour (for examples, being late for 1 minute will result in
deduction of payment for 1 hour and being late for 61 minute will result in deduction of payment for 2 hours).
2. Absence without Prior Notice
Any absence from a scheduled class without at least 24-hour prior notice and approval from the Company shall constitute
a violation of the Punctuality Rule, which may be deemed substandard performance or for the purposes of considering
termination of the Agreement but not for the purpose of payment deduction under the Punctuality Rule.
3. Dress Code
Dress code will be in effect for all instructors of the Company, including the Instructor, to promote a professional image of
the Company. In the interest of fostering a “casual, but smart” image, the following items are prohibited:
a. All headwear including, but not limited to, baseball caps, bandannas, skull-caps, and hats;
b. Any article of clothing that is torn, ripped, or tie-dyed, or camouflage-printed;
c. Any article of clothing that contains vulgar, profane, violent, or sexual content;
d. Any article of clothing which may be excessively revealing including, but not limited to, muscleT’s, tank-tops, half-T’s, and miniskirts;
e. All short-cut pants exposing the legs, including, but not limited to, Bermuda shorts, khaki shorts,
and jean shorts;
f. Any article of clothing that is purposely oversized or excessively baggy including but not limited to snowboard pants,
hip-hop gear, military fatigues, and overalls;
g. Flip-flops, slippers, bowling shoes, and combat boots;
h. Public exposure of piercing of the body and face with the exception of earrings in the amount of up to three(3)
earrings per ear limited in size to two (2) inches in diameter. Nose rings, eyebrow rings, lip rings, and cheek
piercing are strictly prohibited;
i. Public exposure of any tattoos, hennas, or other figurative markings on the body. These markings must be kept
covered with appropriate articles of clothing or accessories; and
j. Any dyeing or cutting of hair in a conspicuously unusual manner including, but not limited to Mohawk haircuts,
Punk-style haircuts, or hairstyles with fluorescent colors.
*Special exceptions to the above-mentioned items may be granted for religious or medical reasons on a case-by-case
basis.
*Instructors, including the Instructor, should realize the importance of maintaining an appropriate level of formality at the
end and beginning of terms. While formal attire is not mandatory, professional appearance and conduct are of utmost
importance. Instructors, including the Instructor, are also encouraged to refrain from smoking within visibility of any student
of the Company, and to smoke only in designated areas.
4. Substandard Performance
Instructors who have committed any of the following violations or any combination thereof may receive a substandard
performance notification based on the nature and extent of such violation(s), or deemed to have breached the terms of the
Agreement, for which the Company may terminate the Agreement under Article 3:
a. Three or more violations of the 20-minute rule during one (1) term;
b. Five or more violations of the 20-minute rule during any six (6) month period;
c. Two or more actual case of tardiness from class during one (1) term;
d. Three or more actual case of tardiness during any six (6) month period;
e. Tardiness to or failure to attend scheduled meetings and training sessions on two (2) or more occasions during one
(1) term without prior approval;[MB-OS-HO]
7 Initials ____________
f. Requests for sick days or emergency leave on a continuous basis;
g. Unauthorized use of the computer for personal purposes during class including but not limited to playing games,
using messenger, using the Internet, and creating documents or files;
h. Leaving the classroom during scheduled class hours (other than during break times);
i. Failure to properly check Company communication portal and related email account on a daily basis or otherwise
fail to receive and respond to communications from Company on a continuous basis;
j. Failure to properly complete and provide information pertaining to classes or requested by Company staff on a
timely basis including, but not limited to, student grades, overall student evaluations, scheduling preferences, and
level placements;
k. Failure to return homework, quizzes, exams, or other class materials to students within a timely basis;
l. Improper conduct leading to a complaint from a student, parent, faculty, staff, manager, officer, or director where an
investigation into the matter reveals that the Instructor was at fault and that his/her actions caused harm to the
reputation or the work environment at Company;
m. Conduct unbecoming an Instructor including but not limited to violation of the laws of Korea, contributing to the
delinquency of a minor, causing a public disturbance, and public drunkenness; or
n. Poor work quality evidenced by unsatisfactory performance ratings at the end of any academic term.
5. Conduct
The Instructor shall not engage in using any foul language, mature content, or otherwise offensive themes/materials in any
class. In addition, the Instructor shall observe all Korean laws and regulations as a responsible Korean citizen or visiting
foreign national, as appropriate.
6. Professional Development Leave
The Instructor is entitled to apply for up to 7 consecutive days (class days and non-class days included) of unpaid
professional development leave after the first initial six (6) months upon commencing teaching services at Company. One
(1) additional day of leave shall accrue for every nine (9) month period after such initial six (6) month period.
How professional development leave is to be used is at the Instructor’s sole discretion.
Requests for professional development leave must be made to your Faculty Manager preferably prior to the
commencement of a new academic term, but in no event shall such request be considered unless submitted at least thirty
(30) days in advance.
If the Instructor does not take all of the days of leave permitted hereunder, such remaining days of leave shall not be
carried over to any extended or renewed term of the Agreement beyond the Initial Term.
Except in case of emergency, instructors may not apply for professional development leave or substitute classes during
the first three weeks or last three weeks of any academic term. The reason is that students and class stability is most
sensitive during these periods of a given academic term, and require the utmost care and attention by both Instructor and
Company management.
If the Instructor teaches any intensive classes, he/she shall not apply for professional development leave during the period
of such classes.
Should the instructor ever teach zero class hours for a period greater than 2 weeks, no evaluation for FAS is given and
reconsideration for adjusting the instructor’s hourly rate is delayed for the duration of the instructor’s absence from the
classroom.
7. Sick Days
Instructors may request a substitute instructor for his/her classes in the case of emergency. Substitute classes may affect
professional development leave eligibility depending upon the nature of the reason for the missed class. In the event that
the Instructor has taken two (2) or more sick days or emergency leave days during one academic term, he/she shall be
ineligible to request professional development leave time for the following academic term, in addition to any other
restrictions that may apply.[MB-OS-HO]
8 Initials ____________
8. CCTV
The purpose of CCTV is (1) to serve as a resource for all the instructors of the Company, including the Instructor and (2) to
serve as a monitoring tool.
The primary purpose of the CCTV system is not for Company and its training consultants to monitor Instructor
performance, but rather for all instructors, including the Instructor, to continue developing their skills. Hence all instructors,
including the Instructor, will have access to (i) their own classroom footages and (ii) classroom footages of other
instructors when accompanied by the head instructor of the Company to observe the best examples of teaching skills and
methodologies.
CCTV as a monitoring tool serves a vital role in not only evaluating the instructors, including the Instructor, but also serves
as a blanket of protection. The Company may verify student complaints and defend its instructors, including the Instructor,
when complaints are groundless.
9. Pay Schedule
As stipulated in 1.3 of the contract, monthly compensation, deducted by any applicable taxes required by law, will be paid
by the 10th day of each month; provided, however, that in the case where such date falls on a holiday or any other days on
which banks are normal closed (including weekend), the monthly compensation will be paid on the following business day.
Also, please note that some payments may not include the entire previous month’s working hours due to the 13-week term
period but will be paid in full the following month.
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YTMND



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

PostPosted: Mon Dec 31, 2012 7:16 pm    Post subject: Reply with quote

Quote:
the Company desires to enlist the services of the Instructor and the Instructor desires to render such services


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:
Subject to the terms and provisions of this Agreement, the Company hereby appoint the Instructor as one of its
independent-contractor instructors


See above.

Quote:
The Company guarantees the Instructor an average of Twenty-four (24) teaching hours per week in a given calendar
month, which may include hours on weekend days; provided, however, that such guarantee shall not be applicable in
any of the following events:


So why don't they guarantee a monthly salary of 28,000 X 24 X 4 = 2,688,000 won/month instead of an hourly rate?

Quote:
In the event that Instructor fails
to complete twelve (12) continuous months of this one-year contract, any and all portions of the remuneration of One
Million (1,000,000) Korean Won will be withheld from Instructor¡¯s final invoiced payment.


Usually, good schools don't collect airfare after 6 months.

Quote:
The Instructor agrees and understands that he/she will be paid on an hourly basis with limited hours, duties, and
responsibilities which do not qualify him/her as a full-time employee, and shall not receive any benefits available to fulltime employees including but not limited to severance pay, health insurance, and pension payments, all of which are
the sole responsibility of the Instructor.


Do you agree to this? I didn't know you had to qualify more to be an employee. If you are on an E2 visa, then you usually only get employee jobs because they want you full-time. An F visa holder could do part-time work and not need the benefits, making it easier to hire them financially. It's not qualifications, it's benefits. You get less benefits as an IC.

The rest has more rules if you agree to this IC arrangement. It's not a job I would take as a first-timer, and I would want to be in Korea to visit the school first in person.

Quote:
Any experience or luck with changing contract terms with this company?


You didn't mention the company name, which is good. This question is better given in a non-contract thread. Make a new one, "Do you know ____?"

However, any company that is going to hire you as an IC isn't going to treat you better with "E2 expectations". It is what it is. As mentioned, for an F visa holder it could be ok if you don't actually teach 24 classes.

In addition, they aren't hiding it, they specifically tell you that you won't get the benefits. You can try to negotiate, but chances are you won't get anything. I would be surprised if they have a team of teachers there on E2s.
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akim6890



Joined: 20 Dec 2012

PostPosted: Mon Dec 31, 2012 9:01 pm    Post subject: Reply with quote

I'm a little confused by the "E2 expectations" bit. From what I understand, I'm guaranteed 96 hours/month, paid at 28,000 won/hour, but don't receive healthcare benefits, pension payments, or severance pay. I'm also thinking about getting my F4 while I'm over there but for now, I have an E2 with this company. (I have problems getting the family registry here to the US.)
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YTMND



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

PostPosted: Mon Dec 31, 2012 10:40 pm    Post subject: Reply with quote

Quote:
I'm a little confused by the "E2 expectations" bit.


If you post a contract it can be judged on basis of being E2 or F visa. It's not the same. So, if I say something bad about a contract relative to a person getting an E2, it doesn't mean it is bad if you are getting an F visa.

Typically, a school has to give all the benefits listed. These are the expectations, things that should be in the contract.

If you are getting an F visa, it is possible to do privates and such. Schools can hire part-time without paying out as much. So, the criteria is different in judging the contract.

I was commenting on their use of the word "qualifications" instead of "benefits". It's harder to get an F visa unless you have family/relationship connections. So, it struck me as odd to call E2 as a qualified state. It's the lowest rung in the ladder for a native speaker just entering the ESL world. If you are Filipino or Thai, maybe there is a lower rung.

Quote:
From what I understand, I'm guaranteed 96 hours/month, paid at 28,000 won/hour


I don't know where you get 96 hours, it states the following:

"1.7 The Company guarantees the Instructor an average of Twenty-four (24) teaching hours per week in a given calendar
month, which may include hours on weekend days; provided, however, that such guarantee shall not be applicable in
any of the following events:"


Remember, a teaching hour is not = to 60 minutes. Usually, a class hour is 40-50 minutes. So 24 should be more like 18/week = 72/month

If you want to do 24 more hours (32/month, 8/week of classes), that is your choice.

I don't think it is really that bad though, but it could be. It should be more like 72-80/week, and that is for you to talk to the school about. Otherwise, you won't see overtime pay, and you will be teaching more hours than an E2 visa holder.
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Bariko



Joined: 21 Aug 2012

PostPosted: Thu Jan 03, 2013 9:07 pm    Post subject: Reply with quote

Hilariously, this was my last thread too. School hired someone while still talking to me. Anyways!

Again, to recap: 29, Canadian male, year experience in China, BA, 140-hour ESL certificate with focus on TOEFL prep. The only part I noticed immediately wrong was the airfare section, which I had clarified that the school WILL buy my ticket to go, but if I leave my contract early (at all, the term is one year), I must reimburse the school the cost of my ticket.




Contract follows:

EMPLOYMENT AGREEMENT

1. INTRODUCTION: This is an agreement between ________________________ (hereinafter
called 'the instructor') and James English School (hereinafter called 'the institute' or 'the school’).
The instructor agrees to teach students at the institute at the times designated by the institute
management, and agrees to develop and present educational programs for the students. The
instructor agrees to follow and strictly comply with the School's policies and guidelines during the
period of this agreement.

2. CONTRACT DURATION:
(A) It is hereby agreed between the school and the instructor that the instructor shall teach at the
school for one year, starting from
of January 2013 .
(B) If the instructor wishes to renew his/her contract at the end of one year, he/she must inform the
School two months prior to the end of one year's service, and the contract may, if both parties agree,
be renewed at that time for another year by mutual agreement.

3. RESPONSIBILITIES OF TEACHER:
(A) The teacher is expected to devote more than 1 hour a day at the institute for the lesson planning
with co-teachers, student evaluations, syllabuses telephone English, report cards, field trips,
consultation with parents, supervision of play, maintenance of the English environment during breaks,
workshops, staff meeting, and upgrading ones professional knowledge and skills without additional
pay. The work week will follow the yearly academic calendar issued by the school. (Preparation time-
normally 2:00p.m. ~ 3:30p.m.)
(B) The instructor's working hours shall be determined by the School's schedule. However, the
teaching schedule can be changed according to School's schedule. (Class hours- normally 3:30p.m.~
9:30p.m or/and 10:00p.m.)
(C) The instructor is responsible for familiarizing him or herself with all institute materials relevant to
teaching at the School. The instructor shall faithfully teach and train students at the School.

4. TEACHER'S SALARY & BENEFITS:
(A) The teacher's total monthly salary shall be 2.1 million won (2,030,700 won-after tax). A severance
pay bonus equivalent to one month salary (after tax) will also be paid at the end of the contract. This
compensation is in exchange for teaching an average of 6hours a day, five days per week.
(B) On completion of ones responsibilities of the full contract period, the severance pay is 2,030,700
won (after tax) equivalent to the monthly salary. It will be paid only at the completion of the contract.
(C) If the instructor teaches, by mutual agreement of the instructor and employer, additional teaching
hours over and above 30hours per week. Overtime compensation at 22,000 Won/hour shall be paid
for those hours.
(D) The instructor's salary will be paid monthly on the regular day for payment of instructor's salaries.

5. AIRFARE TO KOREA:
The instructor's one-way economy class or regular class airfare to Korea will be paid by the school in
advance. If the instructor decides to terminate the contract before the end of this 1-year contract, he
must reimburse this airfare. The instructor's one-way economy class or regular class airfare will be
paid by the school at the end of 1 year contract. If the teacher decides to stay in Korea, the airfare will

not be provided by the school.

6. HOUSING
(A) The institute will provide a private single person accommodation (free-of-charge) to the teacher.
(B) The teacher's accommodation furnishings shall include: basic cooking utensils such as pots pans
and dishes; a stove; a refrigerator; a bed with clean linen; a washing machine; and a closet, heater,
table and chairs and TV.
(C) Costs for all utilities, including lighting, heat, water and maintenance fee, shall be borne by the
instructor.

7. VACATION TIME:
The teacher shall enjoy 10days of paid vacation (in addition to all Korean national holidays and
Saturday and Sundays). The paid vacation will be normally 5days for Summer and 5days for Winter.
But the schedule can be changed by school's schedule. Documented sick leave and emergency leave
will be paid for a combined total of 3working days a year. The teacher should provide the institute with
as much advance notice as possible. The teacher should submit doctor's prescription to the school
for approving sick leaves. Unused sick leave may not be converted into any cash payment. If it is
found that the hours/days of absence reported as sick leave or emergency leave were not in fact for
such purposes, related costs shall be subtracted from the following months pay. The above leaves will
be included in the period of medical care compensation according to the Article 78 of Korean Labor
Standard Law.

8. INCOME TAX:
3.3% per month of the instructor's salary shall be deducted by the employer as withholding tax. as
provided by Korean law.

9. KOREAN HEALTH INSURANCE:
Instructor will be covered by medical benefits under the Korean Medical Insurance Union, a
Government Health Organization. The cost of this coverage will be borne half by employer and half by
instructor. Instructor's share of this coverage will be deducted from instructor's monthly salary."

10. DUTY OF SECRECY:
(A) The instructor shall not disclose any of the contents of this agreement, including salary, to a third
party (including other employees of the school)
(B) The instructor shall not disclose any information relating to the contents of lecturers and business
operation of the School without prior permission of the School.
Violation of this portion of the contract will cause the Instructor to be responsible to compensate the
School for all possible losses suffered by the School.

11. ADDITIONAL DUTIES:
(A) The instructor is required to conduct him/herself in a professional manner and to wear neat attire
while at the school. Casual clothing is acceptable, provided that it is neat and clean.
(B) The following forms of behavior will not be permitted.
1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without
the prior approval of the institute director.
2) Conducting class while under the influence of alcohol, while smoking, or under the influence of
illegal drugs.
3) Making sexual advances towards, or entering into relationships with students or employees of the
School.
(C) The institute shall have the right to terminate this contract if the instructor violates the contract or
fails to conduct him/herself in a professional manner. At least two weeks termination notice will be given to the instructor in such case. In this case, the institute has no duty to give the severance pay
bonus and return airfare to the instructor.
(D) If the Employee wishes to voluntarily resign from employment before the completion of this
contract the employee must provide written notice to the Employer at least 6weeks before the
resignation.
(E) For a dismissal or voluntary resignation within 8 months of this Contract period, the amount of
airfare will be deducted from the Employee's last monthly salary.
(F) The teacher cannot work for other schools or companies or private tutoring without the consent of
the school.

12. Both parties have carefully read this contract: They have agreed to its terms in good faith; and
they will attempt to resolve any disputes which may arise in accordance with the terms of the contract,
and in a reasonable manner. All disputes which cannot be resolved by the parties to this contract will
be resolved through the legal system of Korea in accordance with Korean law.
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