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



Joined: 19 Dec 2010

PostPosted: Tue Jan 22, 2013 9:42 pm    Post subject: Reply with quote

I have another contract that could use a review

EMPLOYMENT CONTRACT

This contact is made by between (hereinafter referred to as 'the INSTITUTION') and , (hereinafter referred to as 'the INSTRUCTOR')

WITNESSETH
Whereas, the INSTITUTION finds it appropriate to enter into this contract under the terms of conditions set forth below:

ARTICLE 1 - DEFINITIONS :
As used in this contract, each of the following terms shall have the meaning attributed to it below:

1. The INSTRUCTOR shall mean the English teacher recruited for the purpose of providing instructions in the Republic of Korea for the benefit of the INSTITUTION.

ARTICLE 2 - APPOINTMENT AND ACCEPTANCE OF SERVICE :
1. The INSTRUCTOR hereby agrees to teach English for the INSTITUTION, and the INSTITUTION agrees to compensate the INSTRUCTOR for all instruction time.

ARTICLE 3 - TERMS :
1. This contract shall come into force as of the date this contract is executed, and unless terminated earlier, remain in force for 12 consecutive months from the date when the INSTRUCTOR starts to work for the INSTITUTION.

ARTICLES 4 - COMPENSATION :
Salary is commensurate with both ability and teaching experience of INSTRUCTOR

1. A monthly salary of 2,300,000 Won will be paid for “6-hours teaching” per day and “one-hour preparation” per day. And those 6-hours teaching and one-hour preparation will be arranged for you between 9:30 a.m. and 5:00 p.m. (The average teaching hours per month will be 120 hours).

2. Any additional teaching hours (same as overtime) which is over 120 hours per month, will be paid at the rate of 20,000 Won per an hour. (The counseling time with parents, which are two times a year, staying in INSTITUTE for the remaining time between lessons and preparing lesson plans don’t count as additional teaching hours. Those are included basic monthly salary. Also, even if you stay at institute after 5:00 p.m for any reasons, it doesn’t consider as overtime. You should finish your work by 5:00 p.m. It is your ability to finish at that point. (If we ask you to stay longer, we’ll pay you the overtime)

3. The INSTRUCTOR will receive 100% of his/her monthly salary upon successful completion of contract (severance pay).

4. The pay period will begin on the first day of each month and end on the last day of each month. Compensation will be given with other instructors on the 10th of each month.

5. Tax for income will be deducted from the salary according to the Korean tax law.

6 The INSTRUCTOR will pay his/her own share of the maintenance fee (can vary from villa and office-tel from 50,000 to 95,000 won) and utility bills (electricity, telephone, gas depends on how much the instructor uses it).

7. Medical insurance will be provided to the INSTRUCTOR. The premium will be divided equally between the INSTITUTION and the INSTRUCTOR.

The INSTRUCTOR must fill out "Self-health Statement" prior to employment. Any expenses incurred by the existing conditions shall not be a responsibility of the INSTITUTION.

It usually takes a couple of weeks to apply for the Medical Insurance Card after getting the certificate of alien registration from the Immigration Office.

8. Pension will be provided to the INSTRUCTOR.

Pension as required under Korean law shall be withheld each month from Employee’s salary. (50% of national pension will be supported by employer.)

9. The INSTRUCTOR will observe only Korean national holidays.

10. The INSTRUCTOR will receive 10 paid vacation days above and beyond the national holidays observed and weekends during the contract term. Those 10 days will be INSTITUTION’s summer & winter vacation and INSTRUCTOR cannot choose those days.

11. If the INSTRUCTOR cannot make the class for any reason, he/she must call the INSTITUTE immediately, and notify Vice Principal. In that case, \100,000 may be deducted per day.

12. If the INSTRUCTOR is more than 5 minutes late without prior notification, two hours of pay may be deducted (about \40,000). Instructor will come to the Institute at least 10 minutes early before starting class and prepare for the classes.

13. The INSTITUTION shall provide round-trip airfare if he/she stays in U.S. If instructor is in Korea, the INSTITUTION only pays for return airfare. In the event that the INSTRUCTOR willfully leaves the INSTITUTION before completion of his/her contract or stays in Korea because of new-contract with other institute, the INSTITUTION is not responsible for the return airfare. If the INSTRUCTOR willfully leaves the INSTITUTION before 6 months, the INSTRUCTOR must payback the initial airfare and INSTITUTION may deduct paid airfare from the INSTRUCTOR's last pay.

14. The INSTITUTION shall provide a non-shared studio accommodation for the Instructor, and the basic household furnishings, and adequate living accommodations and living conditions which include the following: gas range, refrigerator, bed, hot water for bathing, a western style toilet and a washing machine.

The Instructor should take the responsibility for the damage of things provided by the INSTITUTION due to careless use. When moving in the studio at first, report any damaged things to the INSTITUTION.

ARTICLES 5 - DUTIES AND RESPONSIBILITIES OF INSTRUCTOR
1. During the term of the agreement, the INSTRUCTOR shall accept, obey, and strictly comply with the instructions, supervision, training and discipline of the Academic Director of the INSTITUTION. These duties shall include English instruction in all phases of the INSTITUTION's program, administrative duties related to the INSTRUCTOR's classroom duties, attendance at scheduled staff meetings, workshops, and school sponsored outings, and any other academic duties, such as counseling with parents or make a curriculum, may be assigned by the principal. (The meeting is not that often, and you will not get any overtime payment unless you teach the students.)

2. The INSTRUCTOR may be assisted by a Korean Instructor and may be observed your class by principal.

3. The INSTRUCTOR shall not be permitted to work outside the INSTITUTION for another Korean institution without prior written permission from principal.

4. Level test for students if it’s assigned.

6. Preparing the class and make a curriculum for the class if it’s needed. (Some of after school programs & three and four year old classes do not have a book or hand out, so you should make your own book or hand-out.)

7. Counseling a few minutes with parents if it’s request by parents. (It’s not that often)

8. Join with the lunch time with students and help them to serve food.

9. Preparing open class for parents. (Twice a year)

10. Preparing and ready the students for Christmas-Festival which is on third week of Dec.

11. Join and help the students on the field trip which is once a month.

12. Make a weekly lesson plan every Wed. and post-it on the Blog and hand out students on every Fri.

13. Write a note for student’s English improvement or behavior every week. (It’ll hand out to parents every week)
ARTICLES 6 - DISMISSAL/RELEASE FROM CONTRACT

1. The INSTITUTION shall have the right at its sole discretion to dismiss the INSTRUCTOR for clear and frequent neglect of duties under this contract, including but not limited to, frequent absences without approval of the INSTITUTION or good reasons therefore, criminal or other conduct inside or outside the INSTITUTION that would harm the reputation of the INSTITUTION or students or staff, or for manifest inability to perform duties under this contract. Before any such dismissal, the INSTRUCTOR shall be warned of dissatisfaction with performance and shall be given 14 working days in which to remedy the same.

2. Criminal or other conduct inside or outside the INSTITUTION that would in the opinion of the INSTITUTION seriously jeopardize any person or the reputation of INSTITUTION, its students, or its staff, will be a cause for immediate dismissal and no warning nor time for remedy will be allotted.

3. Both parties have the right to make the contract null and void under one of the following circumstances:
a. The health of the INSTRUCTOR is such that it is deemed impossible for the INSTRUCTOR to continue,
b. Blatant misconduct by the INSTRUCTOR,
c. The INSTRUCTOR or dependents violate Korean law,
d. In the event of war, civil strife, or other disturbances or matters that are deemed by either the INSTRUCTOR's government or Korean governments as being unusual and of adequate reason for leaving the country, provided that official documents from respective embassies are presented.

4. The INSTRUCTOR or the INSTITUTION may void the contract by giving a minimum of two months advance notice in writing. Reasonable and adequate grounds must be provided.

ARTICLES 7 - COUNTERPARTS:

1. Any controversy between the parties involving the construction or application of any of the term, provisions, or conditions of this contract, shall, on the written request of either party served on the other, be submitted to arbitration governed by Korean law. The cost of such arbitration, including attorney fees, shall be borne by the losing party or in such proportion as the arbitrator shall decide.

2. This contract may be amended only by an instrument in writing which expressly refers to this contract and specifically states that it is intended to amend it.

3. This contract may be executed in one or more parts, each of which will be considered an original for all purpose hereof.



Employment Period:
(Starting date may change pending visa approval)



INSTITUTION: INSTRUCTOR:

______________________________


____________________________ ____________________________
Director's Signature Instructor's Signature


____________________________ ______________________________
Director's Name Instructor's Name



Date Signed Date Signed
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Michlerish



Joined: 08 Jan 2013

PostPosted: Wed Jan 23, 2013 2:13 am    Post subject: Reply with quote

I'd love if someone could have a look at this contract for me! Thank you Smile





This EMPLOYMENT AGREEMENT has been made on Jan.23rd .2013 by and between SCHOOL., being established under the laws of South Korea located at
ADDRESS(hereinafter referred to
as "Employer") and NAME
, a citizen of
COUNTry
whose passport number is
(hereinafter referred to as "Employee").


ARTICLE 1: PURPOSE OF AGREEMENT

제 1 조 고용 계약의 목적

The purpose of this agreement is to clearly state the rights and responsibilities which are entailed
from the employment agreement between the Employer and the Employee. The Employee accepts
employment from the Employer to perform duties related to the education of students as an English
teacher/counselor for SCHOOL under the terms and conditions set forth in this agreement.


ARTICLE 2: TERMS OF AGREEMENT

제 2 조 고용 계약 기간

2.1 This agreement shall be effective from ___March.4th 2013____ to ___march.3rd 2014_____.

2.1 고용은

2.2 The working visa issued by the exclusive agreement between the Employer and the Employee
becomes invalid upon the termination of agreement.


2.3 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 expired from this agreement when the contract expires.


ARTICLE 3: PLACE OF EMPLOYMENT

제 3 조 근무처

The principal working place will be ______, _______, Seoul, Korea.

1

However, the Employer has the right to change such working place due to reasonable changes in
circumstances. The Employee shall perform with sincerity the demand and job location that was
delegated by the Employer and shall follow such change unless there are unavoidable reasons.


ARTICLE 4: RESPONSIBILITIES AND DUTIES OF THE EMPLOYEE

제 4 조 피고용인의 책임과 직무

During the term of this agreement, the Employee is required to prepare, teach, and carry out all
required administrative duties connected with classes assigned by the Employer. The Employee
is required to work on all teaching days, including teacher’s preparation days, New Comer’s
Orientation Day, and on all the special events for the Employee’s assigned class (Christmas
Concert, One-Night Camp, and Family Gym Day, etc.) except for scheduled public holidays and
vacation days. These special events days are on weekend and/or on weekday afternoon.

4.1 RESPONSIBILITIES OF THE EMPLOYEE

제 4 조 1항 피고용인의 책임

The Employee shall be responsible for each of the following:
A. Teaching in any phase of School’s programs to classes that ranges from the preschool,
kindergarten, to elementary school
B. Development and improvement of educational programs and materials
C. Implementation of provided and/or self made curriculum
D. Participation of Indoor/outdoor activities for/with students
E. Attendance at teachers’ meetings, training, orientations and workshops
F. Evaluations of students
G. Student counseling and Parent & Teacher Conferences
H. Preparation for and attendance at School’s yearly events
I. Other relevant activities and work assigned by School

4.2 DUTIES OF THE EMPLOYEE

제 4 조 2항 피고용인의 직무

2

A. Working and Teaching
The Employee agrees to work 40 hours per week for School between the hours of 9:00
a.m. to 5:00 p.m., Monday through Friday. 1 hour of lunchtime per day is included in 40 working
hours. However, since the Employee is required to eat lunch with the students and teach table
manners and proper nutrition, lunchtime is regarded as working hours.

A.1 Definition of Working Hour
A working hour is the time an employee spends physically working for School,
including preparation, teaching, cleaning, outdoor activities, and administrative tasks.


B. During the term of this agreement, the employee may be asked and is required to accept
extended working hours and/or teaching hours with prior notice from the employer.

C. Each hour exceeding the required working hours is considered as overtime. However, special
Events(Christmas Concert, One-Night Camp, and Family Gym Day, etc.) do not count as
overtime.

D. Payment made for assigned working hours is inclusive of payment for preparation
and administrative duties connected with those assigned classes.
The Employee agrees to attend orientation and training, meetings and workshops scheduled by the
Employer without extra pay.

E. The Employee is strictly forbidden from doing the following,
(a) Receiving or keeping cash, gifts and/or gift certificates from the school parents or students for
any purposes.
(b) Accepting gifts by any group of school parents or students.
(c)Private tutoring of any students who are currently attending the Employer’s school, its
graduates or any immediate family members and/or relatives of affiliated students.
(d) Work for any other organization during the term of employment.


F. At all times during the term of this agreement, the Employee will directly adhere and obey to
all the rules and regulations that have been, or may hereafter be established by the Employer
for the conduct of the Employee or generally for the conduct of instructors at the place of
employment.


ARTICLE 5: COMPENSATION AND OTHER TREATMENT

제 5 조 피고용인의 보수와 기타 혜택

5.1 SALARY

제 5 조 1항 급여

A monthly salary of 2.100.000 million Korean Won will be paid to the employee once a month
on or before the 14th of every month following the teaching session during which the services
were provided. Payment for each month will be made on the 14th of the following month. The
monthly salary is paid in the sum of the monthly basic salary, lunch allowance and miscellaneous
allowances. Korean income and residence taxes as well as a certain amount of mandatory Medical
Insurance and Pension shall be deducted from monthly salaries in accordance to the Korean tax
law and Pension Plan regulations. The taxes shall be the responsibility of the Employee, and shall
be deducted by the Employer in accordance with the regulations and the tax laws of Korea. If the
total numbers of monthly working days are not completed, salaries will be pro-rated based on each
monthly ratio.


5.2 OVERTIME PAYMENT

제 5 조 2항 시간 외 근무 수당

In the case that the employee works, officially upon the request of the Employer, more than 40
working hours per week, overtime compensation at the rate of 20,000 Korean Won will be paid per
60 minutes. When the Employee is absent from scheduled teaching duties, salary will be deducted
according to the same of the Employee’s overtime compensation rate.


5.3 SEVERANCE PAYMENT

제 5 조 3항 퇴직금

For the sincere accomplishment upon successful completion of this Agreement, the Employer will
pay the Employee a severance payment in accordance with Korean labor law. Such severance
payment is also subject to Korean withholding taxes in accordance with Korean taxation regulation.
Severance payment shall be paid on the salary day(the 14th day of the following month) of last
month upon completion of the contract, and deposited into an account designated by the Employee.


5.4 HOUSING

제 5 조 4항 주거

A.The Employer will select and provide a semi-furnished single housing for the Employee.
Furnishings provided by the Employer for common use by the Employee include;
A kitchen table and chairs, a two-burner gas hotplate, a toaster, a refrigerator, a television, a
washing machine, a bed, a wardrobe, a fan (or air conditioner), and a bedding set.


B. The Employee is responsible for all maintenance (including any special maintenance fee charged
for one-room apartments), utility and telephone charges for accommodation provided by the
Employer.


C. When the Employee moves in, the housing will be inspected, and any prior damage will be
noted. Before the Employee moves out, there will be an inspection of the housing facility. All
damages that were not noted at the beginning of the occupancy period will be the Employee’s
responsibility and will be taken from the 600,000 Won security deposit (see 5.4.E).



T
D. he Employee is able to choose Housing Subsidy rather than Housing before the
commencement of the contract period. This decision cannot be changed during the contract
period and will be granted at the discretion of the Employer. When the Employee does not
receive housing from the Employer, a monthly housing allowance for the Employee will be in
the amount of 500,000 Korean Won. Payment will be made on the salary day of each month
and will be taxed in accordance with Korean tax laws. The Employer is not responsible for any
charges, rents, maintenance fees, utility and telephone charges for accommodation at any time.
If the Employee requests a portion of key money, the Employer will provide maximum amount
of 5 million(5,000,000) Korean Won guaranteed by the written form of the lease contract and
returned to the Employer at the end of the contract.


5

E. The Employee agrees to a deduction of 200,000 Won per month for the first three months
of employment totaling 600,000 won as a security deposit. This security deposit deduction
will be required from all Employees regardless of the Employee’s housing decision. The
Employer agrees that the payment of remaining amounts of the deposit will be made to the
Employee only on the condition that the Employee successfully completes the contract period.
At the completion of the contract period, the remaining amount of the deposit will be paid to
the Employee after all outstanding fees have been paid from the security deposit with proof
of payment. When the employer transfers the security deposit to the employees’ account,
remittance charges for the transfer will be deducted from the deposit. However, in case of
transfer or dismissal before expired agreement date, the employer is not liable to pay the
remaining amount of the deposit to the employee.


5.5 MEDICAL INSURANCE & NATIONAL PENSION

제 5 조 5항 의료 보험과 국민 연금

The employee must obligatorily join medical Insurance and National Pension according to Korean
Employment Law. From the basic monthly salary, the amount of the monthly medical insurance
premium and national pension will be decided. These will be shared 50/50 between the Employer
and the Employee. The Employee’s share shall be deducted from the Employee’s monthly salary.
Upon the completion of one’s contract, the Employee whose native country has a relevant tax treaty
with South Korea will be entitled to receive the entire pension refund paid by the Employer and
the Employee from the Korean Pension Bureau. The Employee will be responsible in contacting
the Korean Pension Bureau for the pension refund. The Employer will assist in getting the pension
reimbursement at the end of the contract if necessary.


5.6 AIRFARE

제 5 조 6항 항공권

A. Employee Entry Air Fare

Air fare is paid/reimburse only to the Employee residing in a foreign country at the time of
employment: a one-way air fare (economy class standard) to Korea from the nearest International
Airport to the Employee’s home for arrival purposes. For Employees who are in Korea at the
time of employment, a plane ticket to Korea will not be provided from the Employer. Employment
air fare shall be reimbursed when air fare receipt is submitted within 1 month of the Employee’s
entrance into Korea. In the case that the Employee does not fulfill the full contract period, a portion
of the airfare will be taken from the final paycheck according to the followings:

CASE

DEDUCTION AMOUNT

6

Employee is Dismissed/Resigns within

1 month of commencement

Employee is Dismissed/Resigns within

2 month of commencement

Employee is Dismissed/Resigns within

3 month of commencement

Employee is Dismissed/Resigns within

14month of commencement

Employee is Dismissed/Resigns after

4 months of commencement and before

the full completion of this agreement



Entire airfare cost provided to come to Korea

will be deducted from the employee’s

final paycheck.

5/6 of the airfare cost provided to come to Korea

will be deducted from the employee’s

final paycheck.

4/6 of the airfare cost provided to come to Korea

will be deducted from the employee’s

final paycheck.

3/6 of the airfare cost provided to come to Korea

will be deducted from the employee’s

final paycheck.

2/6 of the airfare cost provided to come to Korea

will be deducted from the employee’s

final paycheck.


B. Return Air Fare

On completion of the full contract period, the Employer will provide for the Employee an economy
class ticket for passage from Korea to point of departure. The return air fare upon completion of the
subsequent contract period(s) will be provided. If the Employee does not use the return air ticket
within completion date of his(her) Visa without having signed a subsequent employment agreement,
the Employer shall not be responsible for providing employee with return air ticket.
Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than
the Employee.


case

7

Employees who return to point of

departure without renewal

Employee who signs with other

company at end of this contract in

Return Air Fare will be provided. The employee must leave

Korea the day before expired E2 Visa provided by the

employer.

The employer is not responsible to provide return air ticket

Letter of release will be provided.

Korea


5.7 VACATION & LEAVE+

제 5 조 7항 방학 및 휴가

A. Paid Vacation
The employee will be allowed to have Korean national holidays off and also will be allowed to
have a designated 10 days paid vacation (guaranteed 5 days summer vacation & 5 days winter
vacation) in a year according to a yearly schedule provided by the Employer. The Employee is
strictly forbidden to make any kind of vacation plans prior to the actual vacation dates designated
by the school calendar. If the Employee does not follow the school holiday and vacation
schedule designated by the school calendar and takes day(s) off prior to and/or the
holidays and vacations days without school approval, the Employer will not provide the Employee’s
return air fare benefit at the end of his/her 1 year contract. If the contract is terminated before the
expired date of final contract, the vacation days are applied to the computation rate of vacation
days(the computation rate of vacation days are calculated to actual number of working days
as prorated 10 vacation days out of 365 calendar days). If the vacation days are overused, the
Employer shall subtract the additional vacation days from the days worked and deduct accordingly
from the monthly salary. The Employer shall not compensate if the Employee do not use the paid
vacation due to his or her personal and non work related reasons.



5.8 LEAVES

제 5 조 8항 기타 휴가

A. Sick Leave
The Employee will be eligible to receive up to three days of paid sick leave with a medical certificate
for one year. If sick days are taken without a medical certificate, the absence of work will be deemed
unexcused. In this absence case, the Employee shall forfeit his/her daily salary. If the Employee has to
leave the school anytime during his/her working hours due to illness, that will be counted as a half day
of sick leave. Two half days will make one full day of sick leave. In the case that the Employee has not
used all three of these sick leaves, the Employer will pay 200,000 Won upon the completion of the one-
year contract.


B. Absence from Duties
In the event that the Employee is going to be absent from teaching duties, the Employee is required
to file a Leave of Absence form (전자결재>근태신청서) to the supervisor 3 weeks prior to the
Employee’s intended date of absence. Salary is not maintained when the Employee is absent from
teaching duties.



5.10 ORIENTATION AND TRAINING

제 5 조 10항 오리엔테이션과 교육

The Employee is required to attend orientation and training before commencing teaching. The
period of training and orientation is about one to fourteen days. Half of the regular working salary
will be paid for the period of orientation and training. This payment will be taxed in accordance with
Korean tax laws.



ARTICLE 6: RIGHTS AND PRIVATE OWNERSHIP

제 6 조 권리와 사적 소유

All intellectual property rights concerning all matters such as intellectual property, documents,
audio-visual materials and any other job-related materials developed or prepared by the Employee
shall be vested exclusively in the Employer, and simultaneously upon the contract termination,
the Employee shall transfer all such rights and materials to the Employer and may not request
compensation in any forms concerning such materials.



ARTICLE 7: CONFIDENTIALITY

제 7 조 기밀 유지

The Employee shall not reveal any secrets or confidential information, such as information
concerning the business operation and education program of the Employer or its affiliates, or the
terms of this contract, including the yearly salary, learned from the formation and the term of this
contract to any third party. Where the Employee fails to fulfill Article 7 and causes damage to the
Employer, the Employee has liability to compensate all loss of the Employer related to the violation.



ARTICLE 8: DISMISSAL OR VOLUNTARY RESIGNATION

제 8 조 해고 또는 의원 면직

8.1 The Employer will have the right to dismiss the Employee for unwillingness or inability to meet
conditions of employment as set out under this agreement, for conduct jeopardizing any student or staff
person, or for criminal activity. Upon receiving two warning letters from the supervisor for dereliction
of duties or misconduct the Employer will have the right to terminate employment. The supervisor will
review and evaluate the situation prior to issuing the warning letter.



8.2 In the event that the Employee is dismissed or voluntarily resigns prior to the expiration of
the term of this agreement, the Employer will pay salary and pension due to the last day that the
Employee has fulfilled their duties and responsibilities. The Employer will not pay the cost of return
air fare to the point of departure for the Employee. Further, the Employer will be entitled to deduct
the cost of air fare provided for travel to Korea. In the event that the Employee has gone abroad
to obtain an E2 visa and the Employer has funded the entire or partial amount of the roundtrip
airfare and accommodation to the Employee for this trip(hereinafter referred to as "Expenses to
stay abroad"), the Employer would also be entitled to deduct for the Expenses to stay abroad from
the payment(monthly salary, overtime compensation, severance payment, security deposit) to the
Employee. In the event that the dismissal at Employee’s own request before the termination of this
agreement, the Employee should express this intention to the Employer with a written notice 60
days before the Employee's final working day. If the Employee Should fail to fulfill the obligation for
the 60 days notice, the Employee will be liable to the Employer for all responsible costs incurred by
the Employer to secure dismissed Employee's replacement.



ARTICLE 9: COVENANTS

제 9 조 서약

The Employee hereby agrees, covenants, and undertakes that he/she will not undertake any
teaching duties or employment with any persons or organizations other than the Employer.
To undertake such employment is a breach of Korean Immigration law and can have serious
consequences.

ARTICLE 10: JURISDICTION

제 10 조 재판권

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. Any dispute will fall under the authority of the
Seoul Western District Court in Korea. This agreement will be interpreted according to the internal
(domestic) laws of the Republic of Korea. The Employer and the Employee have executed this
agreement on the date indicated below. Intending to be legally bound to, and in witness of, the
Employer and the Employee have appended their signatures. Any issues not mentioned in this
contract will be left to the discretion of the Employer.
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ibeattheborg



Joined: 17 Dec 2010
Location: the deep blue sea

PostPosted: Wed Jan 23, 2013 8:36 am    Post subject: Reply with quote

FastForward wrote:
I got this one today. Doesn't mention pension and also didn't like the missing 5 classes and you don't get severance, since that is probably one missed day. If someone can look it over for me that would be great.
Thanks!!


No severance if you are sick for one day! And no pension? If you don't get a quick reply from the recruiter on those questions, then move along.
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FastForward



Joined: 04 Jul 2011

PostPosted: Wed Jan 23, 2013 12:48 pm    Post subject: Reply with quote

ibeattheborg wrote:
FastForward wrote:
I got this one today. Doesn't mention pension and also didn't like the missing 5 classes and you don't get severance, since that is probably one missed day. If someone can look it over for me that would be great.
Thanks!!


No severance if you are sick for one day! And no pension? If you don't get a quick reply from the recruiter on those questions, then move along.


I was able to read the Korean to clarify. It says 5 days in Korean, so the English translation i incorrect. Any comments on the rest of the contract? Looks pretty good to me.
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YTMND



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

PostPosted: Thu Jan 24, 2013 10:20 pm    Post subject: Reply with quote

imagicaxx

Quote:
1) Employer shall provide Employee with housing selected by Employer. Housing selected by Employer will be leased house, a studio-type room..


What do they mean? Find out exactly the housing arrangements.

Quote:
If the employee fails to complete the contract, the employee will refund the cost of the airfare to the employer.


After 6 months, usually you don't pay anything back.

Quote:
If Employee were fired from the institute before the completion of twelvth months teaching session, employee will not be given a ticket to the point of departure and will refund the cost of the original airfare to the employer.


Same, not good.


FastForward,

Quote:
Doesn't mention pension


If you are an employee, then you are owed pension. It doesn't have to be in the contract but it is good for clarification if they will play games or not. So, still ask them about it.

Quote:
If you miss 5 classes or more, you cannot get the severance pay.


I doubt this is legal. How do they justify this? They could fire you, and that would be the most sensible way not to pay severance. Don't sign in, don't fill out monthly sheets claiming to have worked or not worked a certain numebr of hours. Stick to a monthly arrangement. If you finish a month and you taught 120 classes, you should still get paid the same is if you worked 115 class hours. If you miss a week, you lose pay. That's it besides firing, or else I wouldn't sign up.

magicaxx

Quote:
1. The INSTRUCTOR shall mean the English teacher recruited for the purpose of providing instructions in the Republic of Korea for the benefit of the INSTITUTION.


Should state employee, not instructor.

Quote:
8. Join with the lunch time with students and help them to serve food.


Do you agree to this and other in house rules? Other schools won't make you do this.


Michlerish,

Quote:
During the term of this agreement, the Employee is required to prepare, teach, and carry out all
required administrative duties connected with classes assigned by the Employer. The Employee
is required to work on all teaching days, including teacher’s preparation days, New Comer’s
Orientation Day, and on all the special events for the Employee’s assigned class (Christmas
Concert, One-Night Camp, and Family Gym Day, etc.) except for scheduled public holidays and
vacation days. These special events days are on weekend and/or on weekday afternoon.


A lot of extra free work. Do you really want to do this?



Quote:
However, since the Employee is required to eat lunch with the students and teach table
manners and proper nutrition, lunchtime is regarded as working hours.


Do you really want to do this?

Quote:
A.1 Definition of Working Hour
A working hour is the time an employee spends physically working for School,
including preparation, teaching, cleaning, outdoor activities, and administrative tasks.


That's fine, but you are more in alignment with hours paid. Regardless if you work 24 hours or 30 hours a certain week, the monthly salary should still be the same.

Quote:
a) Receiving or keeping cash, gifts and/or gift certificates from the school parents or students for
any purposes.


Why is it their business what you do? As long as they are the student of the school I don't' think this is a legit concern.

Quote:
A monthly salary of 2.100.000 million Korean Won will be paid to the employee once a month
on or before the 14th of every month following the teaching session during which the services
were provided.


Terrible. They want you to work 1.5 months before getting paid. I try to get paid before the 5th and settle for the 10th or earlier.

Either they change this or I wouldn't sign.
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Michlerish



Joined: 08 Jan 2013

PostPosted: Sat Jan 26, 2013 1:37 am    Post subject: Reply with quote

YTMND wrote:

Michlerish,

Quote:
During the term of this agreement, the Employee is required to prepare, teach, and carry out all
required administrative duties connected with classes assigned by the Employer. The Employee
is required to work on all teaching days, including teacher’s preparation days, New Comer’s
Orientation Day, and on all the special events for the Employee’s assigned class (Christmas
Concert, One-Night Camp, and Family Gym Day, etc.) except for scheduled public holidays and
vacation days. These special events days are on weekend and/or on weekday afternoon.


A lot of extra free work. Do you really want to do this?



Quote:
However, since the Employee is required to eat lunch with the students and teach table
manners and proper nutrition, lunchtime is regarded as working hours.


Do you really want to do this?

Quote:
A.1 Definition of Working Hour
A working hour is the time an employee spends physically working for School,
including preparation, teaching, cleaning, outdoor activities, and administrative tasks.


That's fine, but you are more in alignment with hours paid. Regardless if you work 24 hours or 30 hours a certain week, the monthly salary should still be the same.

Quote:
a) Receiving or keeping cash, gifts and/or gift certificates from the school parents or students for
any purposes.


Why is it their business what you do? As long as they are the student of the school I don't' think this is a legit concern.

Quote:
A monthly salary of 2.100.000 million Korean Won will be paid to the employee once a month
on or before the 14th of every month following the teaching session during which the services
were provided.


Terrible. They want you to work 1.5 months before getting paid. I try to get paid before the 5th and settle for the 10th or earlier.

Either they change this or I wouldn't sign.


Thanks so much, YTMND. I'm very close to accepting this position as they've offered me more money now. I don't really want to spend lunches with the students, but this is the only position that's strictly 9-5 that I've found so far. An email from a current teacher told me she's never had to work overtime and only one Saturday in the past 8 months. I don't think I can ask to change the payment date, as it's probably the same date for all teachers, right? Overall, I think this contract sounds better than all the other ones I've seen... which probably isn't saying much, but for someone who's a first-timer and deadlines quickly approaching, it sounds pretty good.
I'm more concerned about what the housing will be like in this rich area, tbh. I've heard walk-in closet sized... not fun.
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YTMND



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

PostPosted: Sat Jan 26, 2013 5:36 am    Post subject: Reply with quote

Quote:
I don't think I can ask to change the payment date, as it's probably the same date for all teachers, right?


I don't take jobs personally based on what others are doing or what the school has established in the past.

I had one GEPIK job which stated the 25th as pay day, and they asked to change it to the end of the month. This would be the month I finished, not the following month.

When you take into account security deposits added onto half of your salary (which is what you would have worked by the 14th), then you are clearly giving them about 2 months salary. I don't see how rationalizing a higher salary is the compromise because all it takes is one disagreement and you will never see it. The school will make you fight for it back.

So, I make it a rule to get paid before the 10th. I try get them to pay before the 5th of the following month, giving them 5 more days if they really need. By the 11, I go to the nearest bank to the school, I call the school up, and I inform them that I will continue teaching when the money is received for the previous month.

If they are late after the 14th, then you will have worked 2 months plus any security deposits. Do you really want this?

At the end of the year you will also be getting severance. This is 7,500,000 won with 2 salaries , severance, and 600,000 for security deposits. I wouldn't do it.

If they want to pay on the 14th and the 28th each month, then that's another story. I did that once and it keeps them honest.
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Michlerish



Joined: 08 Jan 2013

PostPosted: Mon Jan 28, 2013 1:26 am    Post subject: Reply with quote

In part thanks to YTMND, I declined the position I previously posted in here.

I really want to accept this new position, so I hope someone can have a look at the contract for me.

1. Should I be worried that hours are not mentioned in the contract? I was told by the director that I'd either be 9-6 or 10-7, but that's not in the contract.

2. I know I have to eat lunch with the kids... while not my preference, I think I could deal with it.

3. The orientation period confuses me. I'm not sure when the 30,000/day stops and the 2.25m/month starts. Should I have that put in the contract?

4. Does the health insurance part look okay?

5. If I quit or get fired, do I get the 600,000 utility deposit back?

Thanks in advance!!!

------------------

EMPLOYMENT AGREEMENT

This Employment Agreement (“Agreement”) is entered into as of ________between SCHOOL (the “Company”) and ________(the “Employee”).

WHEREAS the Company has offered the Employee the position of Teacher upon and subject to the terms and conditions hereinafter contained;

NOW THEREFORE in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Employment
The Company shall employ the Employee as a teacher and the Employee shall serve in that capacity, on the terms and conditions in this Agreement.


2. Term
The Employee’s employment under this Agreement shall be for a fixed term of twelve (12) months commencing on March 4th, 2013 and terminating on March 3rd,, 2014, or such earlier date if terminated in accordance with the provisions hereof. The final teaching date is needed to be agreed upon by both parties if there is any need to extend the Employee’s stay, but the extended time cannot be any longer than a week. Any extended time worked will be at a rate of 25,000 won per hour.

The Employee agrees to discontinue his/her residence in Korea under the visa status arranged and sponsored by the Company within five days of the termination of this contract.


3. Orientation Period
i. Upon arrival in Korea, the Employee will be allowed a few days’ lead time for adjustment and preparation for school prior to beginning his/her regular teaching work, whenever possible. The Company cannot guarantee the length of the orientation period, but will provide all possible materials and aids.

ii. During the orientation period the Employee is required to be at school observing classes and learning about the school system. The rate of payment for the orientation period will be 30,000 won per day and will be paid on the tenth day of the month or the last day of the month, whichever comes first.
4. Description of Duties
The Employee shall perform the duties associated with the position of teacher for the Company. The Employee’s general duties shall include, but shall not be limited to the following and such other duties as may be assigned to the Employee from time to time by the Company:

i. Perform a maximum of 30 hours of in-class teaching and 10 hours of teaching related work per week, five or six days per week with no regularly scheduled teaching on Sundays-with hours to be determined by the Director at his/her sole discretion.

ii. Perform level testing during designated times monthly as needed. Level testing is part of the additional 10 hours of teaching related work and may be scheduled outside the regular working schedule. (Level testing hours exceeding the additional 10 hours of teaching related work will be paid 15,000 won per hour.)

iii. Teaching hours exceeding the 30 maximum hours will be paid an overtime rate of 25,000 won per hour.

iv. Be aware of and follow Company guidelines for the implementation and execution of English Immersion Kindergarten/English language instruction in a school and classroom environment, including, without limitation:

i) Lesson preparation and record keeping;

ii) Preparation of the students' progress reports and evaluations;

iii) Correction and grading of student work;

iv) Communication with parents in keeping with school policy;

v) Attendance at staff meetings;

vi) Participation in teacher training workshops;

vii) Supervision of students while they are in the school and during their arrival and departure, including lunch service;

viii) Outdoor classroom activities for/with students including field trips;

ix) Direction to and collaboration with teacher assistants for programming, supervision, and communication;
x) Teaching material preparation and maintenance; and
xi) Other professional duties as may be assigned by the Director.

v. Be aware of and follow all Company administrative practices and procedures as are from time to time made known to the Employee. The Employee shall perform the specific duties as outlined in the current job description, a copy of which is attached and forms part of this agreement.


5. Standards of Performance
The Employee shall conduct herself at all times in a professional, competent and respectful manner while in class, on campus and while living in Korea. This standard shall include, but shall not be limited to the following:

i. The execution of all duties in a complete and comprehensive manner in accordance with standard educational institution methods and practices.

ii. At all times adopt proper and culturally acceptable attire in front of students, at school.

iii. Refrain from using abusive or profane language, or in front of, students or parents and in public.

iv. Treat all members of Company staff with respect.

v. Strictly observe and comply with all local laws, ordinances, customs, traditions and culturally accepted practices.

vi. Comply with all Company policies, procedures and directions. The Employee shall be evaluated three times during the contract term by either the Director or designate who shall provide a written evaluation to the Employee.


6. Compensation and Benefits
During the term of this Agreement, the Employee shall receive the following compensation and benefits:

I. Base Salary:
a. The Employee shall receive a base salary of 2,250,000 Korean won per month. Payment shall be made on a monthly basis, from which any taxes and other fees required to be withheld under Korean laws and regulations will be deducted by the Company. Income tax will be withheld from the salary and severance pay in accordance with Korean tax law. Income tax is 3.3% of the teacher’s monthly salary and severance pay. The payment of the salary is to be made on the tenth day of the following month. The teacher is advised to open a bank account to which the school will directly deposit the salary. The employer can assist the teacher in opening an account if needed.

II. Severance Payment
Upon successful completion of the contract, a bonus pay which is the equivalent of one month’s salary per worked year, less taxes, shall be paid out on the day of the contract ends. If the Employee’s employment is terminated prior to March 3rd, 2014 for any reason, whether voluntarily or involuntarily, or if the employee resigns prior to March 2nd 2014 for any reason or otherwise fails to complete the assignment hereunder, the Employee shall receive no Contract Completion Severance payment whatsoever.

III. Compensation under this Agreement shall commence upon the Employee’s beginning to provide services to the Employer in Korea under this Agreement irrespective of any other date or time referred to in this agreement.

IV. Airfare
i) If the teacher leaves the school prior to completing six (6) months of this contract for any reason, the teacher must reimburse the school the cost of the ticket to Korea, paid by the school or the school may deduct the equivalent amount from the teacher’s last month’s pay.

ii) If the teacher leaves the school after completing at least 50% of the contract terms (6 months) but less than 12 months, the teacher will not get the ticket for going back home.

iii) If the Employee is already in Seoul, a one-way ticket to the airport which is the closest to the Employee’s hometown will be provided upon completion of the contract.

V. Housing
i) The school will provide the teacher with a partly furnished studio-type apartment to be used by the Employee alone, unless otherwise agreed by both parties.

ii) The cost of monthly service, utilities, and telephone charges for the accommodations will be paid by the Employee.
iii) For the first three months, the Employer will withhold a deposit of 200,000 won each month, in order for the employer to pay utilities, telephone charges and possible damages which may have occurred in the last month of the Employee’s contract.

iv) All balance due the employee after all bills has been paid will be transferred to the employee’s account in his/her home country within two months after the termination of the contract.

v) In case the teacher is able to arrange his/her own housing, the school will pay him/her 400,000 won/month for housing allowance.

Vi. Medical Insurance
i) The Employee will be covered with medical insurance under Over-seas traveler’s Insurance.

ii) Half of the insurance premium will be paid by the employer and the other half by the employee.

VI. Vacation
The Company agrees to offer the Employee a minimum of two weeks of paid vacation. Saturday and Sunday’s are not considered in the computation of vacation days.

Viii. Sick Leaves
The Employee will be provided with a maximum of 3 paid sick days during the term of this Agreement. To qualify for the paid sick-days, the Employee must submit satisfactory documentation from a qualified physician to the Director confirming that the Employee was ill and unable to perform his/her duties under this Agreement on the day or days in question.

7. Working Visa
The Employer shall provide the Employee with all necessary entry permits and visas for residency and employment in Korea during the term of this Agreement. Should the employee already reside in Seoul as referenced in Section 6 (IV) v) the employer will provide the employee with a round trip air ticket and other incidental expenses required to obtain the Working Visa. Cost of the air ticket and incidental expenses is to be approved by the employer in advance. Should the Employee terminate the Agreement with the Company before the end date, he/she will reimburse the company the total cost incurred in obtaining the working visa.


8. Medical Check-up
In accordance with the current immigration law, the teacher is required to have a medical check-up in a Korean Hospital in order to quality for an alien registration card. The teacher will be expected to pay for this employment related medical checkup (about 96,000KRW.)

The teacher will also be required to submit a written self-medical checkup. The form for this check up will be provided.
In the case that the teacher cannot be hired because of differences between the written self-medical checkup and the results of medical checkup in Korea, the teacher must leave the country at her/his own expense and reimburse the school the cost of the ticket that the school paid for his/her trip to Korea. Difference found that would disqualify the teacher from employment will include undocumented drug use, infectious diseases, and AIDS.


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

ii. The Employee will be given a written admonishment by the Company for unsatisfactory work or performance or unprofessional conduct.

iii. If the Employee fails to make necessary corrections or changes within 14 days of the
admonishment, then he/she will be given a notice of dismissal. The salary for the
month in which the final notice was given will be calculated retroactively based on the
hours worked for the said month.

iv. In accepting this as a term of employment, the Employee acknowledges that this
Agreement and his employment are for a fixed term and that he/she has
been given notice of its expiry, effective as of the date of this Agreement.

v. If the Employee elects to terminate this Agreement at any time, in all circumstances
he/she shall provide two months (2) notice in writing of such intention to the Company. This is so that Company can find a proper replacement for the Employee as not cancel any classes.

vi. If the Employee is dismissed by the Company without Just Cause during the term of the Agreement, for example due to the financial difficulty that the employer faces, the Employee will be provided, upon dismissal, with a lump sum payment equivalent to one (1) months’ base salary, less applicable deductions and withholdings required by law. The employee will also be provided with a one-way air ticket from Inchon, South Korea to the airport that is closest to the employee’s hometown. These payments will represent the Employee’s full entitlement from the Company, under, without limitation, statute and by the common law. Any balance left in the Utilities deposit will be returned to the employee as per Section 6 (V) iv).

vii. Upon the expiration of this Agreement, the Employee shall not be entitled to the payments set out in paragraph (vi) herein, or to any payment on account of severance, whether statutory or otherwise. In accepting this as a term of employment, the Employee acknowledges that this Agreement and his employment are for a fixed term and that he/she has been given notice of its expiry, effective as of the date of this Agreement.


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


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

ii. Confidential Information includes, but is not limited to, the following types of information about the Company: (i) product development and marketing programs and strategies; (ii) manufacturing processes and technology; (iii) unpublished drawing, manuals, know-how and research in progress; (iv) finances, commission systems and pricing programs; (v) the identity, needs, purchase and payment patterns of, and special credit terms, pricing and special relations with, customers; (vi) the identity, net prices and credit terms of, and special relations with, suppliers; (vii) proprietary software and business records; (viii) any other information or documents which the Employee is told or reasonably ought to have known that the Company regards as confidential and (ix) any information contained in this Agreement to a third party.
iii.
12. Return of Documents
At the termination of employment, or earlier if requested, the Employee (or if deceased, his personal representative) shall promptly surrender to the Company, without retaining copies, all tangible things which are or contain Confidential Information and/or belonging to the Company.


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


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


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


_________________________ _____________________________


_________________________ _____________________________
Date Date
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RyanDuggar



Joined: 13 Feb 2012

PostPosted: Mon Jan 28, 2013 9:02 am    Post subject: Reply with quote

I know the split schedule is a little bit of a turn off but it is in the location I really want. Any other thoughts or things that stand out? Thank you in advance!

This document is a contractual agreement between the Director _____________hereafter referred to as “ Party A “ and the instructor, __________ hereafter referred to as “ Party B”.

1. Contract period
1 The period of this contract is from 2013.04.08 and will end 2014.04.08
2 Party B must inform party A of whether to renew the contract or not two months prior to the end of the contract, and the contract may be renewed at that time by mutual agreement.

2. Salary
1 Party A will pay a monthly salary of (2,100,000) (Korean currency) to Party B.
2 About 6% will be paid to the Korean Government. (Income tax + Medical insurance) as required by Korean law.
3 Over time rate for each hour will be 20,000won. Overtime hours will be worked only when agreed upon by both
parties
4 On completion of 1 year contract, Party B will receive the amount of one month’s salary (2,100,000) as severance pay as stated by Korean law
5 Party B's salary shall be paid on the 15th of the next month for the previous month’s salary. Note: The last month’s salary and completion bonus will be paid in full at the end date of the contract date. If Payday falls on a national holiday, Saturday or Sunday, the salary will be paid on the preceding business day.

3. Working Hours
1 Party B is required to teach a maximum of 30 teaching hours per week from Monday to Friday. Working hours will be between 10am-12:10pm and 2:50pm-7pm(or 7:55pm) on Mon~Fri. and normal working days are approximately 22-23 days per month. There will be no classes on Saturday and Sunday unless agreed upon by Party B.
2 Classes and teaching will be scheduled in accordance with the needs of Party A
3 Party B can be required to attend government teacher education course once a year. (This falls on a Saturday and will be announced by the government. Course is usually on 150 minutes in the summer)

4. Accommodations
1 Party A will provide a rent free studio apartment and will take responsibility for normal maintenance (property tax, repairs, etc.). Party A will provide a bed, gas stove, refrigerator, TV, table and chairs, washing machine, (But the fee for installing the phone/internet/cable will be charged to Party B).
2 The Employee will pay a housing damage deposit of 450,000 Korean Won. This amount will be deducted from the Employee’s salary in three separate deductions of 150,000 Korean Won for the first three months. Provided that all utility bills have been paid and there is no damage to the accommodation, the deposit will be paid back to the Employee on the last day of the contract.
3 The tenant party B, will be responsible for paying utilities, such as for the gas, electricity, telephone bills, etc.
4 Upon first arrival in Korea, it may be necessary for the teacher to stay in a motel temporarily before his/her permanent apartment is available. Party A will pay this expense

5. Airfare
1 Party A agrees to reimburse Party B for a one-way air ticket from his/her home country to Jeju Island, South Korea. Party A will repay the full cost of the one-way air ticket within 2weeks of Party B’s arrival to Jeju, South Korea. Party B needs to get approval before purchasing their flight. Once approved Party B needs to provide an official receipt in order to be reimbursed. Party A will reimburse Party B within 2 weeks of their arrival to Korea and after Party B’s medical results are returned and Party B doesn’t have a positive result for drug use.
2 At the end of the contract Party A agrees to buy a one-way air ticket for Party B from Jeju, South Korea to his/her country or any other destination ONLY WHEN Party A actually leaves Jeju to his/her country or any other destination.
3 If Party B has to leave before 6 months of their employment contract is completed, Party B is required pay Party A back the amount of the Air-Ticket that was originally reimbursed

6. Holidays & Sick Leave
1 All national holidays will be paid days off (15 per year).
2 Party B can take 10 days of paid holidays over the contract 5 days in the summer and 5 days in winter during the school’s vacation schedule. Party B is required to obtain approval from Party A in order to take a paid vacation. Weekends are not counted as vacation days only work days Mon ~ Friday are.
3 Party B can take 3 sick days throughout the course of the contract only if Party B is legitimately sick, yet Party B should make every effort to contact Party A to allow for appropriate rescheduling. Party B should also obtain a note from a Korean hospital/clinic that explains his/her illness. Classes missed due to non medical reasons, unverifiable medical conditions or without advance warning to the Employer will result in a deduction from the Employee’s salary and a written warning, which can be used to terminate the contract.
If the teacher is sick over 3 days, salary will be deducted on a prorated basis.
(Example: Salary 2,000,000 per month/20 work days in month= 100,000 KRW deducted each additional day taken due to illness above the 3 paid.)

7. Medical Insurance
1 Party A agrees to pay 50% of the medical insurance monthly premiums as per Korean law. Party B’s medical insurance premium of 50% will be deducted from his/her monthly salary.
2 Dental and pre-existing conditions (diseases) are not covered in this insurance.

8. National Pension
1 Party A shall contribute half of the national pension plan deduction (approximately 4.5% of salary) for Party B pursuant to the National Pension Corporation Act of Korea. American or Canadian employees are eligible for a pension distribution refund if he/she submits the required documents to the Korean National Pension Corporation when he/she leaves Korea after the completion of his/her contract.

9. Party A’s Obligations
1 Party A will introduce to Party B, the Party A’s school policies and regulations concerning work conditions.
2 Party A will provide Party B necessary working and living conditions
3 Party A will provide all curricula, textbooks and other teaching materials
4 Party A will help Party B as best as possible with any problems, including personal difficulties in living in Korea.

10. Party B’s Obligations
1 Party B shall observe Party A’s school policies and regulations as stated in points 10.2 through 10.13 concerning teachers and shall accept Party A’s arrangement, direction, supervision and evaluation in regard to his/her work.
2 Party B is not allowed to work for any other organization including private tutoring without party A’s prior consent.
3 Korean law stipulates that no full-time instructor may work at two or more institutions at the same time. Failure to observe this regulation will result in immediate dismissal.
4 Without Party A’s consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A.
5 Party B is responsible for the implementation of the school’s curriculum, grading and evaluation, and attending occasional teachers’ meetings.
6 Party B must behave in a professional manner during class or when socializing with students after class.
7 Party B can be required to interview new students and evaluate their placement level.
8 Party B shall not be absent without Party A’s permission.
9 If Party B is more than 10 minutes late without prior notification, one hour of pay may be deducted. If Party B is more than one hour late without prior notification, one day of pay may be deducted.
10 Party B shall not sexually harass the students in his/her care
11 No form of physical punishment may be used by Party B.
12 Party B must make all efforts to follow Party A’s teaching methodology.
13 Party B will teach conversational English during his/her classes

11. Resignation
1 In the case of Party B’s resignation, which must be notified at least two months in advance, the contract between Party A and Party B will become be terminated. Accordingly, Party B’s salary will be paid up to the date of party B’s departure
2 In the case of party B’s resignation without notice before two months, Party A is not obligated to pay the salary for the month..

12. Dismissal
1 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. Repeated absences from classes without a valid reason.
e. Abuse or aggressive actions towards the school director or co-workers
f. If any of the information provided in Party B's application is neither true nor accurate.
g. If it is determined that Party B is prevented from or incapable of performing his/her duties for a medical reason, whether it is a physical or psychological ailment. (If requested by Party A, Party B must be immediately available for a medical examination). In the event that this contract is terminated pursuant to the foregoing Party A shall pay Party B a pro-rated salary based on the number of days actually worked by Party B. In such event, Party B shall be responsible for the return flight to his/her home country. Party B's visa will subsequently be cancelled
2 Party A must first bring the problem with proof to the attention of Party B in writing in the form of a warning letter and make every attempt to resolve the situation. Party B will follow the direction of Party A and make every attempt to correct the problem. Proof, but not warning letters, will be provided for sections 12.a ,12.b and 12 e Upon receipt of three warning letters, the Party A shall be dismissed with 30 days notice of dismissal in case of working more than 6months, according to Article 26 of the Korean Labor Standards Act.

13. Revision and Renewal of Contract
1 Both parties should abide by the contract and must refrain from revising, canceling, or terminating the contract without mutual consent.
2 This contract may be renewed upon agreement between Party A and Party B two months prior to its expiration; otherwise, Party B will just finish out the completion of the original contract.
The undersigned agrees to the terms stated above in this contract and for future reference, each party is to keep a copy of this contract.

14. Training/Orientation
1 Party B may be required to do a training period/orientation. Party B will not be entitled to any compensation if an orientation is required. Orientation period will not be longer than 2 days.
2 If Party B fails to fully complete the orientation, this Contract shall be subsequently terminated and Party B must return to his/her home country. In that case, the return airfare shall be borne by Party B. Party B's visa shall be cancelled.

15. Indemnity
1 Party B shall indemnify for and keep Employer harmless from any liability or damages arising from or in relation to any negligent, intentional or illegal activity of Party B during the Term of Employment under this Contract

16. 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.
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Aoisagi



Joined: 21 Jul 2009

PostPosted: Mon Jan 28, 2013 7:17 pm    Post subject: Reply with quote

Any help would be greatly appreciated! I can see that the pension isn't mentioned as to how much is covered nor is there any mention of having any insurance. Another aspect I noticed is the number of teaching hours per week isn't indicated...

1. Introduction
1) The teacher will teach and educate students at the institute during the time designated by institute. During the term of this agreement, the teacher must follow and strictly comply with the institute’s policy and guidelines.
2) The teacher will work as a full time employee at the Institute, and agrees to teach and do related duties.
3) The teacher should attend teacher’s meeting.

2. Duration of Contract
1) This contract is valid until Mar. 1. 2013 , starting from Feb. 28. 2014 for a teacher who has an E-2 visa.
2) The teacher should be healthy and required to submit health certificate before or after arrival day (to be paid by the employee).
3) The teacher must inform the institute if he/she would like to renew their visa for longer than one year. The renewal must be done 2 (two) months prior to the end of the contract period. Under the mutual agreement of both parties, the contract will be renewed.
4) In case failed contract(less than 1 year) by the teacher, teacher should work until the school hire the other teacher.
5) In case of contract renewal, the next contract will not offer teacher’s round trip airfare.
3. Regular Hours of Employment
1) Teacher will teach one hundred and thirty (130) hours of English language classes a month from Monday through Friday (a session).
2) Any working hours over the above hours per month will be considered as overtime and will be paid at the rate of 20,000 KRW per hour.
3) The work week runs from Monday through Friday. The teacher will not be required to teach Saturdays or Sundays. (There maybe exceptions such as various special events such as festival, field day and open class. In these instances the teacher will be notified at least 2 weeks before the event.) Hours of operation are as following:
9:00am ~ 6:30pm Monday- Friday
The teacher will be scheduled to teach during this time period by the institute director.
4) In the event that the actual number of teaching hours scheduled for any particular teaching term is below 130 hours, the teacher will be required to devote the remaining hours to related academic work under the supervision of the supervisor.
5) Actual teaching, outing activities, preparation, paperwork must comply with the signed contract without any additional payment.
6) Teacher shall take responsibility for knowledge and understanding of all materials in the institute’s teaching manual and abide by them.
7) The teacher shall faithfully teach and educate students designated by the institute.

4. Job Description
1) Teacher is required to be punctual, reliable and most of all, to be professional in representing the institute.
2) Teacher will prepare lesson plan for each class and submit one to the supervisor.
3) Teacher will abide by the institute’s policy in all related matters.
4) Teacher will evaluate the student’s performance at the end of each month. Teachers must fill out an Evaluation Report every month and must report these to the supervisor.
5) Teacher will keep a Lesson Journal and a teacher’s remark sometimes with an accurate, current record of the student’s performance.
6) Teacher will attend appropriate institute’s functions or events (such as paperwork and staff meetings – sometimes late in the afternoon – and parent’s conference meetings, events on Saturday, etc) upon request. No additional payment will be made for these events. Staff meetings and events will be scheduled at the discretion of the institute director. Attendance is required.
7) Staff meetings will allow time for discussion of topics of current concerns within the program such as new policies, procedures, methods of training, instruction, curriculum, and other matters as needed. The staff is encouraged to help work out practical solutions to problems at these meetings.
Cool Teacher will assist with substitute teaching whenever needed.
9) Teacher should respect and follow the rules and standards of conduct of institute (written, verbal and tacit) and obey the laws regulations, instructions and ordinances of the national and local governments.
10) The teacher in charge clean up and arrange materials their own class once a day.
11) The teacher is not allowed to take food and drinks during class time.

5. Benefits, Payments, Bonuses
1) Regular Payment: Payment for 130 teaching hours per month (session) is ( 2.2 mil )KRW.
Before starting to teach, teacher will have 3 ~ 4 days of training or observation.
2) Income tax of 3.3% will be deducted from the employee’s monthly salary.
3) Pension is applied based on Korean Law
4) Severance Pay
- It will pay (mount of one month) on the last month of the contract.
When teacher leaves institute voluntarily or teacher’s contract is terminated prior to the end of the one year service.
- Unpaid Severance pay by the school, when a warning letter given to teacher three times (frequently absences, improper attitude, breach of contract, require new terms)
- Unpaid Severance pay by the school, when the teacher does not work less than 1 year (including health problem).
- Unpaid Severance pay by the school, when the institute has to terminate the contract due to teacher’s misbehavior.
5) Saving Account: The institute will assist teacher in obtaining a savings account at a local bank. The maintenance of this bank account is the responsibility of the teacher.
6) Housing: The institute will provide every teacher with an apartment/house.
The items provided from institute must left at the end of the teacher’s contract. Any household items, broken or missing will be replaced or reimbursed by the teacher at retail price. Teachers CAN NOT lend or sell the household items to a third party. The cost of monthly service, utilities, telephone charges and any other personal expenses for the accommodations provided must paid by the teacher. In case of a shared apartment, costs will be shared also. If the teacher wants to change apartment/house after contract, teacher will be paid for all the payment such as cancellation charge and agency charge.
7) Teacher shall indemnify for and keep the Institute harmless from any liability or damages arising from or in relation to any negligent, faulty, international or illegal activity of Teacher during the Term of employment under this contract.

6. Airfare:
1) Coming from outside of Korea: The least expensive round-trip will be provided by the institute. The returning ticket will be kept by the institute.
2) If Teacher decides to leave Korea before the designated time on the contract then the flight returning to their country will not be paid for by the institute.

7. Conditions of Employment Termination
The institute reserves the right to terminate this agreement for cause with written notification thirty (30) days in advance, and for serious cause with sudden notice.
Teacher agrees to give written notice sixty days before this agreement ends of his/her intention to renew or terminate. The institute can terminate the agreement for the following reasons:

1) Committing unlawful activities against Korean Law.
2) Any harassment of co-workers, Korean staff and/or abnormal behaviors.
3) Continued objection to institute’s policy or regulation without proper procedure or reason.
4) Unprepared lessons or unwillingness to cooperate with the administrative responsibilities related to class.
5) If the supervisor sees a clear and manifest inability of work performance.
6) If more than 30% of students in his/her class have left or if class is at the crucial moment of dismissal due to teacher’s poor teaching methods. Evidence for condition is available upon request.
7) Missing regular staff meeting or classes, 3 times or more in a month.
Cool Late for class 3 times or more in a month without a proper reason(if the teacher late for class 3 times the school will be deducted 1 day salary, more than 10 minute late without notification 1 hour of pay may be deducted).
9) If there is sufficient evidence that teacher has not fulfilled the obligations as specified in this contract agreement.
10) Firing Procedures: 1st warning – 2nd warning – Notice of termination
Teacher can appeal with written document. The institute may terminate the contract early after giving 30 days notice to the teacher.
11) Frequently early leave or outing(more than 2 hours a week).

In case whereby the TEACHER terminates the contract, teacher should reimburse the airline ticket that institute has paid for. The teacher should reimburse the recruitment fee (1,400,000 KRW) and compensation for the loss(cancellation charge, agency charge, and rental fee).

In case whereby the INSTITUTE terminates the contract, institute will pay for the airline ticket. (Only when the termination has nothing to do with teacher’s misbehavior or poor teaching). And institute will cooperate in a mutual way to help the teacher to find a new position such as release or reference letter.

8. Vacation
10 days paid vacation (during school summer break<end of July> & winter school break<end of December>) per year plus ALL Korean National Holidays will be given to the teacher during the first year of his/her employment. Paid Vacation means that the teacher will still receive the base salary at this time. It does not mean that the teacher will receive monetary compensation for these days. These vacation dates will be determined by the institute and generally follow annual institute closures. If the teacher agrees to stay for an additional year, teacher will be entitled to a month unpaid vacation before start the next new year’s work.
- You are not allowed to have personal days off when your relatives visit Korea.

9. Sick Leave
Teacher will receive three paid sick days each year in case teacher is seriously ill.
Accordingly, teacher must hand in a doctor’s diagnosis to the supervisor for excused sick day. If teacher is absent from work for more than 3 days, the school will deduct KRW 20,000 per class hour for every day in excess. Teacher must provide the institute with advanced notice (at least a day before class) with specific substitute schedule and lesson guidance for the missed classes.

10. Policies
1) Code of conduct: Teacher shall adhere to the institute’s official code of conduct. The professional image of the teacher and the institute must be upheld. This includes, but not limited to, dress and behavior at the institute. Failure to do so shall be considered a breach of contract and grounds for dismissal.
2) Outside Employment: Employment elsewhere shall not be permitted in accordance with Korean Law. The contract can be terminated or cancelled by the employer and the teacher will be punished according to Korean Law, if she/he is found to have other jobs.
3) Dress code: The institute establishes a policy to ensure that each teacher presents a professional image to the general public. Casual wear is acceptable: however, jeans with holes, wrinkled or dirty clothes, sweat pants, and slippers are not considered proper attire.
4) Religious Beliefs: The institute will respect all religious beliefs of the teacher.
5) Textbook: Textbooks are provided for the teacher and remain the property of the institute. All teaching materials must be returned upon termination of employment.

11. Legal Action
In case of a dispute between the parties involved in this contract, both parties agree to the final judgment of 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 actions, for damages and attorney, against employee. If employee has left Korea altogether, employer has the right to pursue legal actions outside of Korea.

12. Governing Law & Jurisdiction
This agreement is governed by the Labor Law of the Republic of Korea, and the international Law.
This agreement is made final and firm.
Photocopies of this agreement will be considered as valid as the signed original.

I have read, understand, and agree to the conditions of employment as set forth in this contract. I realize that either party will consider the policies broken in this contract a violation of the contract. In signing my contract, I agree and understand my responsibilities toward the institute and their responsibilities to
me. I will accept the position on the basis of this contract.
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zpeanut



Joined: 12 Mar 2008
Location: Pohang, Korea

PostPosted: Tue Jan 29, 2013 4:49 pm    Post subject: Reply with quote

Thanks in advance ^^

1. A will employ (employee’s name)___________________ from March 1, 2013 to February 28, 2014 and will pay a monthly salary of 2.3 million Korean Won to the employee, regardless of any currency fluctuation.

2.1 B shall be available to students (9 to 5:45 daily) Monday- Friday. B will carry a minimum required weekly course load of 12 lecture hours (1 lecture hour = 50 minutes). Additional payment for any extra teaching load shall be made to B in accordance with university faculty pay regulations.

2.2 B may be asked to teach English or major courses if B carries a course load of less than 15 hours.

3. A may require B to teach English conversation classes in special English, culture, or life-skills programs developed by 'joe bloggs' , in the evening or during summer and winter vacation periods, in spite of which A guarantees B not less than 4 weeks’paid vacation for Summer Break and 4 weeks’ paid vacation for Winter Break.

4. B's work shall be supervised by 'joe blogs' , pursuant to which B shall observe guidelines stated by 'joe blogs' for B's work, job, actions, etc. while on campus.

5. B shall be present at school every day during the semester period, which runs from the first day of a semester till the semester closing meeting, except for Saturdays, Sundays, and official holidays. When and if B wishes to be absent from school on any given day that B is otherwise required to be present, B shall ask for permission in writing in advance to do so.

6. In addition to the above-mentioned teaching load, B should cooperate with the school in matters such as developing teaching materials, proofreading, and actively participating in meetings. The copyright of the materials which B participates in developing on behalf of 'joe blogs' belongs to the 'joe blogs'. Moreover B shall actively support events intended to foster harmony and build community planned by 'joe blogs'.

7. A will provide B with office space with high-speed internet access, shared by one or more of colleagues. B is required to observe 4 office hours a week in order to serve as facilitator of communication for students.

8. A will provide B with furnished housing, rent free (except maintenance fee which covers security and maintenance, and utilities which are gas, water supply, electricity, heating oil, etc.), to be used by B and B's family alone. If A cannot provide housing, a housing allowance of ₩300,000 per month will be paid to B. B may make use of the school commuting bus. Medical insurance will be made available according to standard university faculty arrangements.

9. It is a violation of immigration law and this contract for B to work for any other organization without A's prior permission. In case of B's resignation or departure before the expiration date of the contract, the contract between A and B will become ineffective and void. Accordingly, B's salary will be terminated as of the following month.

10. B will be enrolled in the Korea Private School Pension Program and, under the provisions of Korean law. A will be exempt from the severance payment regulations according to Korean Labor Standard Act. - worried about this..

11. Increases in salary are not automatic; they are based on B's performance. Both A and B shall keep B's salary information confidential.

12. B must observe the pertinent personnel regulations for faculty and staff, and contribute to its educational enhancement. In the case where B neglects to observe the regulations and duties mentioned here and in the paragraphs above, the contract between A and B may be terminated at A's discretion.

13. The scheduled renewal for this contract is two months prior to its expiration. If the contract is not renewed, B will be automatically dismissed from employment at the termination of the contract period. In the case where, due to pressing personal difficulties, B must resign during the term of this contract, B must give A written notice one month prior to the date of B's intended departure. If B fails to give one-month notice, A will inform the Korean Ministry of Justice and the Korean Immigration Service of this breach of contract.

14. If A does not offer B a renewal of employment, B shall evacuate the provided housing at least five days prior to the existing contract termination date.

The undersigned agree to the terms stated above. In case any of the above terms are violated, the contract may be dissolved. For future reference, each party is to keep a copy of the contract.
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thegameksk



Joined: 05 Nov 2012

PostPosted: Tue Jan 29, 2013 8:52 pm    Post subject: Reply with quote

What do you guys think of this? Thanks in advance!

or good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1 Relationship of the Parties: The parties hereto are to be construed as employer (School) and employee (Teacher).
2 Exclusive Employment: In accordance with Korean law, the Teacher shall work exclusively for the School. Any employment outside of the
School for another individual or entity is illicit and strictly prohibited. Employment outside of the School is grounds for immediate
termination of this Contract for Just Cause.
3 Term: The Term of this contract shall be 12 (twelve) full and complete teaching sessions. Solely for the purposes of convenience, the
calendar dates on this contract are listed as from March 4, 2013 to March 3, 2014. If a discrepancy exists between session dates and
calendar dates, the session dates shall take precedence over the calendar dates. Any delays in the Teacher’s arrival in the Republic of Korea
or ability to commence teaching at the start of the session calendar may call for renegotiation of the Term.
3.1 Orientation and Training: Prior to the start of this Contract, the Teacher shall undertake orientation and training before
commencing to teach. Half the normal salary will be paid for the orientation and training period. The orientation and training period
lasts approximately 1 week. The School reserves the right to reduce or omit the orientation and training period if the Teacher’s
arrival in the Republic of Korea is less than one week prior to the commencement of the regular session calendar.
3.2 Renewal: The Term may be renewed by the parties by an agreement set forth in writing and executed by both parties.
4 Obligations and Responsibilities: As an employee of the School, the Teacher shall contribute to the cumulative experience, wisdom, and
resources of a team dedicated to developing, implementing and evaluating a comprehensive program for teaching English.
4.1 Duties: Working under the supervision of the School’s Directors and their appointed representatives, the Teacher’s duties include,
but is not limited to:
a. Teach assigned classes following procedures, methods, and pacing set by the School.
b. Write lesson plans and otherwise preparing to teach assigned classes.
c. Administer, review, correct, grade, comment, and sign in-class work, homework, journals, and assessments.
d. Write report cards.
e. Prepare for, attend, and participate in Parent/Teacher conferences, faculty meetings, committee meetings, training
seminars, and workshops.
f. Prepare for, attend, and participate in school functions including, but not limited to field trips, pageants, plays, contests,
and assemblies.
g. Assist in the development of existing and new programs and assessments.
h. Paperwork associated to classes and administrative duties.
i. Supervision of students and maintenance of the school environment.
j. Assist in the orientation, training, and assimilation of new teachers.
4.2 Preparation: The Teacher shall devote the time necessary for the preparation and execution of administrative duties associated with
the Teachers duties and classes assigned by the School without additional pay.
4.3 Workshops: The Teacher is required to attend and participate in the Schools Weekend Workshops held twice per calendar year
without additional pay.
4.4 Supervision: The Teacher shall work with and abide by the decisions of the School’s Directors and their appointed representatives.
4.5 Observation and Performance Review: The School reserves the right to observe the Teacher’s classes and to conduct performance
reviews. Observations are not announced. Failure to meet the standards of School is grounds for immediate termination of this
Contract for Just Cause.
4.6 Policy: The Teacher shall respect and obey policy as outlined by the School in its Policy Guidelines or faculty Meeting Minutes
presently, or may hereafter be, set for the Teacher by the School at all times.
4.7 Behavior: The Teacher shall respect and obey the rules and standards of conduct and behavior (written, verbal, and tacit) presently,
or may hereafter be, set for the Teacher by the School at all times. The Teacher shall respect and obey the laws, regulations,
instructions, and ordinances of the national and local governments of the Republic of Korea at all times.
4.8 Personal Hygiene and Grooming: The Teacher shall maintain a high standard of personal hygiene and grooming. The teacher shall
maintain a clean and neat personal appearance, including ones hair and facial hair, and take necessary steps to prevent any
unpleasant body odors and/or odors from ones clothes.
4.9 Dress Code: The Teacher shall dress in a conservative manner that is appropriate for a professional business environment. All
clothes must be clean and pressed. When on the premises the Teacher shall obey the following dress code:C&A Education
Letter of Contract
Page 2 of 4
Male Teachers: Dress pants, dress shirt, necktie, and dress shoes.
Female Teachers: Dress, dress pants, dress skirt, dress shirt, and dress shoes.
All Teachers: Other than earrings, no body/tongue piercings are allowed. Any tattoos must be covered at all times.
4.10 Teaching Material: Any teaching material, including but not limited to books and supplies, provided to the Teacher for use during
the term of this contract, shall be returned to the School in substantially the same condition in which they were received, normal
wear and tear excepted.
4.10.1 Replacement Cost: In the event teaching material is not returned or returned in a condition that is not substantially the same
as when the Teacher received it, the cost of replacement shall be the sole responsibility of the Teacher.
4.11 Original Material: The Teacher understands and accepts that all rights to use, sell, distribute and publish all original material
produced by the Teacher during the Term of this Contract, for which the Teacher is compensated as regular pay, overtime pay,
payment of material cost, or in an agreed-upon sum, remain the sole property of the School.
5 Schedule: Under normal circumstances, the regular work week is from Monday to Friday. The Teacher will have the equivalent of 75 40-
minute classroom contact blocks (50 classroom contact hours) per week. On average, the Teacher’s schedule will be comprised of 10.5 – 12
40-minute blocks (7 to 8 hours) of teaching and up to 3 40-minute blocks (2 hours) of scheduled preparation time daily.
5.1 Schedule Conversion: The School reserves the right to convert any and all of the Teacher’s schedule into teaching, research and
development work, projects, and administrative duties.
5.2 Arrival at Work: The Teacher shall arrive at and remain at school at least 1 hour prior to the start of the Teacher’s first class.
6 Salary: School shall pay the Teacher a total monthly Basic Salary of 2,300,000 won on the 10
th
(tenth) of the following month. In the event
the 10
th
of the month falls on a weekend or holiday, the salary will be paid on the next business day.
6.1 Prorated Payment: In the event the Teacher is unable to complete a full session month, the Basic Salary shall be paid on a prorated
basis for the effected session month.
6.2 Overtime Pay: Overtime pay is 16,000 won per 40-minute class. Overtime payment is made only for classes taught in excess of 300
40-minute classroom contact blocks per teaching session.
6.3 Taxes and Pension: All national and local taxes and National Pension will be deducted on a monthly basis at the rates mandated by
the Republic of Korea. The rate of deduction is based on the Teacher’s earnings for the session or estimates determined by the
government.
6.4 Security Deposit: The School will deduct and hold in account the sum of 250,000 won from the Teacher’s salary for the first 3
months (hereinafter referred to as “Security Deposit”). The Security Deposit is used as security on the Teacher’s Airfare to the
Republic of Korea, cleaning deposit on the School Housing provided to the Teacher, and to clear all outstanding bills the Teacher may
have left at the completion of the Teacher’s Contract. All money left after the payment of bills, minus bank transfer fees, will be
deposited into the Teacher’s account.
6.5 Severance Pay: Contingent upon the successful completion of the Term of this Contract and the Teacher’s contractual Obligations
and Responsibilities as herein mentioned, the School shall pay the Teacher the amount of one month’s Basic Salary as severance pay.
7 Airfare: The School shall provide a one-way economy class ticket to the Republic of Korea from the nearest International airport from the
Teacher’s home (hereinafter referred to as “Point of Departure”).
7.1 Reimbursement of Airfare: In the event the Teacher does not complete a minimum of 7 full teaching sessions due to ill-health,
resignation or contract termination, and/or fails to give a minimum of 2 full teaching session months written notice of resignation,
the Teacher shall reimburse the cost of the original one-way economy class ticket from Point of Departure to the Republic of Korea.
7.1.1 Execution of Reimbursement of Airfare: In the event reimbursement of airfare becomes necessary the School shall be
entitled to withhold the amount of the reimbursement from the Teacher’s salary on the month that written notification of
intent from either party is given to the other party.
7.2 Return Airfare: Contingent upon the successful completion of the Term of this Contract and the Teacher’s contractual Obligations
and Responsibilities as herein mentioned, the School shall provide a one-way economy class ticket from the Republic of Korea to
Point of Departure.
7.3 Cash Settlement: In the event the Teacher does not wish to return to Point of Departure at the completion of this Contract, the
School shall pay the Teacher the sum of 800,000 won as full settlement and fulfillment of the School’s contractual obligation and
responsibility to provide a one-way economy class ticket from the Republic of Korea to Point of Departure.
8 Housing: The School shall decide upon and provide furnished single housing accommodations for the Teacher (hereinbefore and after
referred to as “School Housing”).
8.1 Utilities: The cost of all utilities and bills associated with School Housing and its maintenance is the sole responsibility of the Teacher.
The Teacher is required to submit all utility and other bills associated with School Housing to the School for payment. The SchoolC&A Education
Letter of Contract
Page 3 of 4
may choose to make payment and then deduct said amount from the Teacher’s salary.
8.2 Vacating School Housing: The Teacher shall vacate School Housing within 48 hours of completion of this Contract and leave such in
broom clean condition, and in substantially the same condition as that in which such housing was provided to the Teacher, normal
wear and tear excepted. All furnishings provided in School Housing must be in dust cloth clean condition, and in substantially the
same condition as that in which such furnishings were provided to the Teacher, normal wear and tear excepted.
8.2.1 Cleaning and Repair and/or Replacement Cost: In the event School Housing and/or provided furnishings is not returned or
returned not clean and/or returned in a condition that is not substantially the same as when the Teacher received it, the cost
of cleaning and/or repair and/or replacement shall be the sole responsibility of the Teacher and said amount shall be
deducted from the Teacher’s Security Deposit.
9 Medical Insurance: In accordance with Korean law, School shall pay 50% of monthly premiums for the Teacher to receive medical insurance
through Korean National Health Insurance. The remaining 50% of monthly premiums shall be paid by the Teacher through deductions in the
Teacher’s monthly salary.
9.1 Deductibles and Outstanding Premiums: Any deductibles and/or outstanding premiums are the sole responsibility of the Teacher.
10 Combined Sick/Emergency Leave: 6.25 40-minute blocks of paid sick/emergency leave per session, for a combined total of 75 40-minute
blocks (5 days), shall be given per Contract year to the Teacher in documented cases. Any classes missed in excess of the aforementioned 75
40-minute blocks will be deducted at the overtime rate. Abuse of combined sick/emergency leave is grounds for immediate termination of
this Contract for Just Cause.
10.1 Reimbursement of Combined Sick/Emergency Leave: In the event the Teacher does not complete 12 full teaching sessions due to
ill-health, resignation, or Contract Termination, the Teacher shall reimburse to the School any used Combined Sick/Emergency Leave
in excess of the 6.25 40-minute blocks per session of the actual number of sessions worked.
11 National Holiday: The Teacher shall receive off all national holidays. National holidays shall not include any provisional holidays such as
cultural, festival, or election days.
12 Vacation: The Teacher will observe vacations as scheduled by the School and detailed in a yearly calendar provided before the
commencement of the calendar year. Typically, vacation is 1 (one) calendar week in the summer and 1 (one) calendar week in the winter.
13 Contract Termination: The School reserves the right to terminate this Contract with written notification thirty days in advance, and for
serious cause without notice. The Teacher shall give a minimum of 2 full teaching sessions advance notice of intention to terminate this
Contract. The following events include but do not limit events that shall trigger immediate termination of this Contract for Just Cause:
a. Unwillingness and/or inability of the Teacher to meet the obligations and responsibilities of this Contract.
b. Unwillingness and/or inability of the Teacher to meet the obligations and responsibilities of the job.
c. Conduct and/or action jeopardizing any student, faculty, and/or staff member.
d. Conduct and/or action jeopardizing the reputation of the School.
e. Illegal activity.
13.1 Probationary Status: In the event the Teacher has received 2 (two) Letters of Warning or the School has elected to grant the Teacher
an opportunity to rectify a situation that would normally result in immediate contract termination, the Teacher shall be placed on
Probationary Status. If the Teacher is placed on Probationary Status, the Teacher shall have a pay cut of 10% (ten percent) to the
Teacher’s basic monthly salary. The Teacher shall have 30 (thirty) days to rectify the situation, to the School’s satisfaction, that has
resulted in the Teacher being placed on Probationary Status. In the event the Teacher is unable to rectify the situation to the
School’s satisfaction, the Teacher’s Contract shall be terminated immediately.
13.2 Medical Fitness: The Teacher’s signature of this Contract attests on the Teacher’s part that the Teacher has no preexisting medical
conditions, physical and/or psychological, which could inhibit the Teacher from meeting the obligations and responsibilities of this
Contract and/or job.
13.3 Resignation: In the event the Teacher resigns prior to the Term of this Contract, the School is entitled to withhold the sum of
1,500,000 (one million five hundred thousand) won from the Teacher’s salary to subsidize the recruiting cost of a replacement
teacher.
14 Nondisclosure Agreement: The Teacher hereby agrees, covenants, and undertakes that the Teacher will not disclose any information relating
to the Teacher’s employment conditions, teaching materials, and/or any information relating to the academic program or planned changes,
whether verbally or in writing, to other individuals or corporate entities.
15 Indemnification: The Teacher indemnifies and holds harmless the School and its successors, assigns, officers, employees, agents, parent
companies and affiliated companies from and against all claims, damages, losses, settlements, expenses, or liabilities of any kind or character,
including without limitation legal costs and attorney’s fees, incurred by the Teacher or the School as a result of, or arising from, any claim or
cause of action arising directly or indirectly from any negligent, accidental, or illegal activity on the part of the Teacher.
16 Jurisdiction: This Contract shall be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the
Republic of Korea shall have jurisdiction in regards to any dispute or claim arising out of, or in connection with, this Contract.
17 No Wavier: The failure of either party to enforce the provisions of this Contract shall not be construed as a waiver or modification of such C&A Education
Letter of Contract
Page 4 of 4
CONFIDENTIAL Teacher
provision, or impairment of its right to enforce such provision thereafter.
18 Invalidity: If any of the provisions of this Contract will be found to contravene any binding law or government regulation, it is agreed that the
invalidity or illegality of such provision should not invalidate the whole of this Contract, but this Contract will be construed as if it did not
contain the provision or provisions found to be invalid to the extent necessary to carry out their intent.
19 Amendment: The Contract cannot be amended, changed, or supplemented except by an instrument in writing signed by the parties, and
shall be binding and inure to the benefit of the successors and assigns of the parties hereto.
20 Entire Contract: This Contract constitutes the entire Contract and understanding between the parties. It supersedes any prior written
contract or agreement or oral agreement between the parties concerning the subject matter of this Contract.
IN WITNESS WHEREOF, the parties intending to be legally bound to have caused this Contract to be duly executed as of the Effective Date listed
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YTMND



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

PostPosted: Wed Jan 30, 2013 1:21 pm    Post subject: Reply with quote

Michlerish

Quote:
1. Should I be worried that hours are not mentioned in the contract? I was told by the director that I'd either be 9-6 or 10-7, but that's not in the contract.


No, because they change. What you want is a sample/current schedule to see how they schedule. If you don't like that schedule then chances are you won't like the one they give you. They usually don't change their way of scheduling.

Quote:
3. The orientation period confuses me. I'm not sure when the 30,000/day stops and the 2.25m/month starts. Should I have that put in the contract?


If it is 3 days or less, don't expect much or any compensation. If it is a week or more get what you can, and worry more about your monthly salary and pay date.

Quote:
4. Does the health insurance part look okay?


I am not too knowledgeable in this area. If you have a health concern, please address this with the school or make a Korean friend and have them see if it would affect you. After 2 months, I think you should check with the pension office to make sure funds have been contributed. If you don't see deductions, then ask after the first month.

Quote:
5. If I quit or get fired, do I get the 600,000 utility deposit back?


You should, but it will be hard to collect on if they want to be jerks about it. Consider it gone and plan otherwise to be on the safe side.

Quote:
i. Perform a maximum of 30 hours of in-class teaching and 10 hours of teaching related work per week, five or six days per week with no regularly scheduled teaching on Sundays-with hours to be determined by the Director at his/her sole discretion.


Do you agree to this? 6 days, 10 hours of some vague label "teaching related work". 25 is the norm with 5 more hours for office. This school wants 10 more. I am not sure I would like that unless they are easy going about it and allow you to do other things if you finished your lesson preparation. In some cases, you might be allowed to leave (after 1 month or so).

Quote:
(Level testing hours exceeding the additional 10 hours of teaching related work will be paid 15,000 won per hour.)


This depends on the overall schedule and how easy going they are. Now they are accounting for 40+ hours at 2.25 with lower than norm overtime (18-20,000). So, get a schedule to see what they might want.

Quote:
The salary for the month in which the final notice was given will be calculated retroactively based on the
hours worked for the said month.


What do they mean by this? Ask them if you are just as confused as I am. If they give you notice on the 15th, they won't give you a month's salary at the end of that month but instead .5 and then give you 1 month salary at the end?

This is a sneaky way to grab more of your money. If you have a security deposit figure that amount added as well. I wouldn't agree to this arrangement if my understanding is correct. I would want to be paid monthly. If they wanted to fire me, then they could fire me but would need to employ me for the following month or if legally allowed then I would want the month I finished. I wouldn't want to carry over half of the salary as mentioned in my example. Anyway, ask them for clarification and decide what you want.

Quote:
v. If the Employee elects to terminate this Agreement at any time, in all circumstances
he/she shall provide two months (2) notice in writing of such intention to the Company. This is so that Company can find a proper replacement for the Employee as not cancel any classes.


This is fine, but they should then pay for a month you complete if you finish the month and they plan on firing you. If they need 2 months but can fire you 15 days before the end of a pay cycle, then they must already have a teacher to replace you. So, call them out on this. The timing doesn't fit and they can't have their cake and eat it too. Either they pay up for services rendered or they keep you employed.


RyanDuggar


Quote:
This document is a contractual agreement between the Director _____________hereafter referred to as “ Party A “ and the instructor, __________ hereafter referred to as “ Party B”.


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:
5 Party B's salary shall be paid on the 15th of the next month for the previous month’s salary.


Kind of late, I prefer the 10th or earlier. Will you also have to give a security deposit?

Quote:
1 Party A agrees to reimburse Party B for a one-way air ticket from his/her home country to Jeju Island, South Korea.


I would prefer them getting and.paying for the ticket.

Quote:
2 At the end of the contract Party A agrees to buy a one-way air ticket for Party B from Jeju, South Korea to his/her country or any other destination ONLY WHEN Party A actually leaves Jeju to his/her country or any other destination.


So, they don't want to give you money if you continue teaching or if you get another job in the Jeju area. This clause might be used to argue against paying you airfare. Keep this in mind.

Quote:
2 In the case of party B’s resignation without notice before two months, Party A is not obligated to pay the salary for the month..


Do you agree to this? It is probably legal. If you worked one of the 2 months, you would still get paid because they wouldn't have known you were going to leave. Perhaps this is a freudian slip and they plan on not paying sometimes, but on face value you would leave within the first month. That probably isn't enough to collect on and if it is you might as well finish that month.


Aoisagi


Quote:
1) The teacher will teach and educate students at the institute


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:
Teacher will assist with substitute teaching whenever needed.


Find out how often this might be.

Quote:
Unpaid Severance pay by the school, when the teacher does not work less than 1 year (including health problem).


I think they meant when the teacher DOES work less than 1 year. They have 2 negatives. Have the check this whole part can correct it.

Quote:
If the teacher wants to change apartment/house after contract, teacher will be paid for all the payment such as cancellation charge and agency charge.


What? Another mixup in translation. Either they want the teacher to pay after the contract period has started or they will give money after the contract period which doesn't make any sense. Ask for clarification.


zpeanut


Quote:
3. A may require B to teach English conversation classes in special English, culture, or life-skills programs developed by 'joe bloggs' , in the evening or during summer and winter vacation periods, in spite of which A guarantees B not less than 4 weeks’paid vacation for Summer Break and 4 weeks’ paid vacation for Winter Break.


Ask for clarification. When do they want you to work? When can you have time off? Get exact dates or approximations to work off of.

Quote:
7. A will provide B with office space with high-speed internet access, shared by one or more of colleagues. B is required to observe 4 office hours a week in order to serve as facilitator of communication for students.


Do you agree to this? A lot of extra things here and there. Get a schedule.

Quote:
10. B will be enrolled in the Korea Private School Pension Program and, under the provisions of Korean law. A will be exempt from the severance payment regulations according to Korean Labor Standard Act. - worried about this..


Ask them about it. What money will be put in and when can you take it out?


thegameksk


Quote:
5 Schedule: Under normal circumstances, the regular work week is from Monday to Friday. The Teacher will have the equivalent of 75 40-
minute classroom contact blocks (50 classroom contact hours) per week. On average, the Teacher’s schedule will be comprised of 10.5 – 12
40-minute blocks (7 to 8 hours) of teaching and up to 3 40-minute blocks (2 hours) of scheduled preparation time daily.
5.1 Schedule Conversion: The School reserves the right to convert any and all of the Teacher’s schedule into teaching, research and
development work, projects, and administrative duties.
5.2 Arrival at Work: The Teacher shall arrive at and remain at school at least 1 hour prior to the start of the Teacher’s first class.



1. "75 40- minute classroom contact blocks (50 classroom contact hours) per week. " is way too much for a regular 2.1 one salary. How much will they pay?

2. "the Teacher’s schedule will be comprised of 10.5 – 12 40-minute blocks (7 to 8 hours) of teaching and up to 3 40-minute blocks (2 hours) of scheduled preparation time daily." is fair if the clases are consecutive in smaller blocks. Get a sample schedule to see.

Quote:
6 Salary: School shall pay the Teacher a total monthly Basic Salary of 2,300,000 won on the 10
th


This depends on the overall weekly schedule. This could be good with some time off on non-busy days. If you are putting in 7 hours every day, that's 35. The average is about 25, so I would be looking for a 5 hour compensation along the way.

Quote:
6.2 Overtime Pay: Overtime pay is 16,000 won per 40-minute class. Overtime payment is made only for classes taught in excess of 300


This contract is now crossing the line to being a bad one. Average overtime pay is 18,000-20,000.

They want 300 classes? So, that means you won't get overtime if you work a lot one week and then have an easier week the next month. If you work 90 one week, and then 60 the next week, you will be paid as if you worked 75 both weeks and you won't be compensated for the extra 15 hours you put in the first week. This could be weeks 1, 2, or 3. By week 4, you plan on 75 but they might ease your schedule to make up for the extra hours you put in. Do you want this? I don't and I would NEVER agree to 300 anything for the month. Do it on a weekly basis. If you work more one week then that means the business is doing better and you should also be compensated for this. They don't get to pocket all the profits.

So, it's a no go for me. They probably won't change this and I'll stop reviewing this contract.
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zpeanut



Joined: 12 Mar 2008
Location: Pohang, Korea

PostPosted: Thu Jan 31, 2013 5:57 am    Post subject: Reply with quote

Thanks so much YTMND for going over mine. You have the patience of a saint to read through all this stuff.

May you be rewarded with a pay rise and many paid holidays to come!

Very Happy
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RyanDuggar



Joined: 13 Feb 2012

PostPosted: Thu Jan 31, 2013 9:22 am    Post subject: Reply with quote

YTMND. Thank you so much for your response and taking the time!
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