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THE CONTRACT REVIEW THREAD: Post yours here for a review
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MagicPotion14



Joined: 22 Jan 2013

PostPosted: Thu Jan 31, 2013 12:37 pm    Post subject: Reply with quote

Hi! I've received an offer from International Language School, Incheon. I have some reservations about the recruiter from what I have read online, but could someone please take a look over the contract for me?

Thanks Smile

EMPLOYMENT AGREEMENT FOR INSTRUCTOR
International Language School

This EMPLOYMENT AGREEMENT has been made this January 31st, 2013 by and between ILS Icheon Campus , a sole proprietorship organized and existing under the laws of Republic of Korea, and having its principal office at ILS Icheon Campus (Herein after called “Employer") ,and ( passport no: ) a citizen of the UK whose domicile is .(Herein after called “Employee")

Employee has been selected and approved by Employer, to teach the English language, therefore, Employer and Employee, in consideration of the mutual promised and covenants contained herein, agree as follows:

1. EMPLOYMENT OF EMPLOYEE
Employer hereby employs Employee to teach the English language in form and manner and under the terms and conditions set forth in this Agreement.
Employee hereby accepts employment from Employer to teach the English language in the form and manner and under the terms and conditions set forth in this Agreement.

2. PLACE OF EMPLOYMENT
Employee will be employed to teach the English language at address of the principal office as above (hereinafter referred to as “Institute"). As further provided herein below, Employee may be required or requested to teach the English language outside and apart from Institute. In such case Employee shall be reimbursed for travels expenses incurred beyond those expenses normally incurred in travel from Employee's home to the place of Employment.

3. TERM OF RENEWAL
3.1 The term of this Agreement shall be (12) full and consecutive months from the next day of arrival in Korea, specified in Section 4 of this contract.
3.2 No later than four (4) full months before the date of termination of this Agreement Employer and Employee shall consult together and shall agree either to an extension or termination of it.

4. DUTIES OF EMPLOYEE
4.1 During the term of Agreement the Employee shall accept, obey, and strictly comply with the instructions, supervision, training, and discipline of the Academic Director and shall carry out such assignments as directed by the Academic Director.
These duties shall include ELS instruction in all phases of the program, administrative duties related to the Employee, classroom duties, administrative at scheduled staff meetings, workshops, and school sponsored outings and any other duties as may be assigned by the Academic Director.
THE Academic Director is responsible for establishing standards of performance relative to the Employee and empowered to take necessary steps to assure that those standards are met.
Monday through Friday are teaching days except for scheduled public holidays and vacation days.
4.2 During the term of Agreement, the Employee will be required to perform work assigned to him/her by the Employer for 30 hours(actual teaching hours) each week.( one month 120 hours)
Employee agrees that institute’s schedule can be made in a time limit from morning to evening for 8 hours and 30 minutes each day.
4.3 The Academic Director can request the Employee to work overtime even though the Employee to work more than 35 in total in any one week, unless Employee consents there to in addition and beyond the salary set forth herein below. (1 overtime hour, 18,000 won)
In order to maintain the quality of lessons, one hour of preparation time prior and 30 minutes meeting time prior to classes each day is required from the Employee. This preparation time is not included in the calculation of any overtime hours, which the employee may be required to work.
4.4 Employee shall not be permitted and shall not have the right to work outside of Institute.
Since Institute employees are full-time employees such approval will normally be denied.
4.5 Employee understands and agrees that at all times during the term of this Agreement, Employee shall strictly obey all laws, regulations provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.
4.6 Every three incidents of unexcused tardiness by Employee shall be penalized as one lecture hour of unauthorized absence.

5. COMPENSATION AND OTHER TREATMENT OF EMPLOYEE
5.1 Salary
Institute shall pay Employee as compensation for all services rendered the total aggregate monthly salary of 2,100,000 won for each month of contract period with Institute. Payment of salary shall be made in won. This salary will be paid monthly, 10 days after the completion of each working month. Korean income and resident taxes will be withheld. (5%)
5.2 Severance Payment
Employee will be given an additional one/twelfth of annual salary for completing the contract period. This amount will be paid at the time of, and is dependent on, completion of the full contract term. This amount is also subject to Korean income and resident taxes.
5.3 Paid Vacation and Paid Sick Leave
Employee will receive Ten (10) paid vacation days during the contract year, 5 in summer and another 5 in winter time. National holidays, Saturdays and Sundays are not to be counted as vacation time.
Addition of Korean national holidays, the employee may take up to three (3) days of sick leave. Unused sick leave may not be taken as vacation leave.
5.4 Emergency Leave
Employee shall be eligible to receive up to six (6) days of paid emergency leave in any year of employment at Institute in the event of death or serious illness in Employee's immediate family. The immediate family of Employee for the purpose of this paragraph shall only be applicable to parents, grandparents, grandchildren, spouse and children, brothers, and sisters. Such emergency leave be granted at the sole discretion of Institute after close consultation with the Academic Director. Only under special circumstances will more than six (6) days are approved for purpose of paid emergency leave.
5.5 Housing
Institute shall select and provide a rent-free shared apartment with another foreign female teacher at the school. Each teachers will have her own private room and own private bathroom. Other rooms such as kitchen, living room, laundry room are common area. Institute shall provide furnishings for the selected location. Institute shall make selection of the accommodation in consultation with the Academic Director.
5.6 Transportation
Employer will purchase for Employee an economy class ticket from the point of hire for passage on a regularly scheduled airline to Korea. The return air ticket will be provided at the time of completion of employment. In the event that the extension of the Employee Agreement between the Employer and the Employee is met, the return air ticket will be provided at the time of completion of subsequent contract period(s). In the case of the Employee resigns voluntarily or recalls employment agreement within 12 months, Employer will deduct the equal amount of airfare to Korea from Employee’s salary.
5.7 Medical Insurance
Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by Employer and half by Employee. Payment will be made by monthly deduction from Employee's salary, at present 1.5%, and a like amount contributed by Employer.

6. DISMISSAL BY INSTITUTE
6.1 Institute shall have the right at its sole discretion to dismiss Employee for clear and frequent neglect of duties under this Agreement. Including, but not limited to frequent absences from Institute without approval of the Academic Director, or good reason thereof, or for manifest inability to perform duties under this Agreement. Provided, however, before any such dismissal, Employee shall be warned of dissatisfaction with performance and shall be afforded at least twenty (20) working days in which to remedy the situation. Criminal or other conduct inside of outside Institute that would in the opinion of the Academic Director and owner seriously jeopardize any person or the reputation of its students, or its staff, will be cause for immediate dismissal and no warning or time for remedy will be allotted.
6.2 In the event that Employee is dismissed for any of the reasons set forth in 7.1 herein above or for any of the reasons set forth herein below, Institute shall have no duty and shall not be obligated to pay the cost of return airfare to the point of hire for Employee, and also that if Employee is and also that Employee is dismissed within 6months of from Employee's point of origin to Korea, she or he will pay back the airfare paid by the employer


7. COVENANTS
7.1 Employee here by agrees, covenants, and undertakes that he/she will not undertake any teaching duties or employment with any persons or organization other than Employer without prior written approval from Employer of the specific employment contemplated by employee. Failure to comply with this article is cause for immediate dismissal.
In the event Employee fails to complete this one year term for any reason, Employee must reimburse the full amount of the airfare to Employer.

7.2 Employee here by agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by Employer.

8. MERGER CLAUSE
This Agreement constitutes the entire understanding between the parties with respect to the subject matter here of, and supersedes all pervious negotiations, commitments, and writings with respect here to. No modification of this Agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties here to. Furthermore, this contract nullifies and voids any previous contract between the two parties.
Employer and Employee have executed this Agreement on the date indicated below.

Intending to be legally bound here to, and In Witness whereof,
and Employee have appended their signature.

POINT OF HIRE:

Employee Signature Employer Signature

Employee Name Employer Name

DATE DATE


Last edited by MagicPotion14 on Thu Jan 31, 2013 1:19 pm; edited 1 time in total
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YTMND



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

PostPosted: Thu Jan 31, 2013 1:09 pm    Post subject: Reply with quote

Remove all names and addresses.

Quote:
Korean income and resident taxes will be withheld. (5%)


High. Usually they try to get 3.3%, and it should be more like 1.3%.

For more, see http://forums.eslcafe.com/korea/viewtopic.php?t=204754

Quote:
In the case of the Employee resigns voluntarily or recalls employment agreement within 12 months, Employer will deduct the equal amount of airfare to Korea from Employee’s salary.


Usually, After 6 months you don't have to pay back airfare to Korea.

Quote:
and also that if Employee is and also that Employee is dismissed within 6months of from Employee's point of origin to Korea, she or he will pay back the airfare paid by the employer


So, which is it? 6 or 12 months? Either you put in 6 months and don't have to pay it back or you agree to pay it back after 6 months. They don't get to apply double standards and only take the money out if you choose to leave. Agreeing to sign a letter that you are leaving is to help them, not to hurt you. So, this clause needs to be changed so it helps both of you. You scratch their back and leave, they don't take the airfare money back. Either that or no deal.
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MagicPotion14



Joined: 22 Jan 2013

PostPosted: Thu Jan 31, 2013 2:40 pm    Post subject: Reply with quote

Thanks for your help!

I thought the tax should only be around 3%, so I was quite surprised when I saw 5% on the contract.

TBH I feel like it's a bit of a sketchy deal. I think I might just wait for something else to come along that I'm more comfortable with.
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cgirl



Joined: 28 Jan 2013

PostPosted: Fri Feb 01, 2013 7:23 am    Post subject: Contract I´m considering... Reply with quote

Thanks for the advice!!

Last edited by cgirl on Sat Feb 02, 2013 12:28 pm; edited 3 times in total
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YTMND



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

PostPosted: Fri Feb 01, 2013 5:45 pm    Post subject: Reply with quote

Quote:
2. WORKING TIME : A week work hours will be, from 9:30 a.m. to 6:30 p.m or 10:00 a.m. to 7:00 p.m. ; working hours 8 hours per everyday, lunch time – 1 hour per everyday.(during the 4 week Summer and 4 week Winter Intensive Programs, working times may be subject to change, but working time will remain at 9 hours)


Will you get overtime pay or something extra for the "4 week Summer and 4 week Winter Intensive Programs"?

That's 2 months. You should get something. Ask for clarification.

Quote:
V. EMPLOYEE’S TERMINATION OF CONTRACT:
1. If, for any reason, the employee chooses to terminate the contract before the full completion of the contract period(1 year), he/she will be wholly responsible for the airfare for a round-trip ticket, and any outstanding bills(phone, gas etc).


This is harsh. Usually, after 6 months you shouldn't need to pay anything back. A round trip makes it more. The contract however is very good. So, if you stay the year, it is good (so far).

Quote:
2. The employee will give at least a 90-day notice to the employer of his/her intention to terminate the contract.


30 is norm. 60 is hagwon. 90 is insane. They need to change this.

Quote:
13. DO NOT access the game, music, movie etc on your working time.(exception of lunch time)


I have never seen a computer track the time. Usually, it's only the date. A bit comical to be put in a contract even though I agree with it. Use an external hard drive. Name the game file or movie file "English Conjugations". How will they know?

Quote:
14. DO NOT use office phone any personal calls in this office.


Again, how would they know? Unless, they were listening in.

Quote:
1. The employer will own all past, present, and future patents and/or copyrights for any inventions and any printable and/or publishable material produced by an employee of the employer under the direct supervision of the employer during the term of the agreement.


All patents? Sounds like Bill Gates wrote this part. What if your patent is non-English teaching related? (A patent on vacuum cleaners for example)

I think they are just trying to be safe. Looks like a good contract. I would sign it.
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gaffnem



Joined: 30 Jan 2013
Location: Boston, USA

PostPosted: Sat Feb 02, 2013 11:09 am    Post subject: I was just offered this contract... Reply with quote

Article 1 Term of Employment
Subject to the provisions for termination set forth below, this agreement will begin on xxxx and end on .
Article 2 Salary
1. The Employee shall be compensated as shown below.
A. Monthly compensation shall be 2,400,000 Korean won.
B. Severance compensation of approximately the average of one month salary shall be provided to the employee at the completion of the Term of Employment.
2. According to the pertinent laws of the Republic of Korea, all applicable taxes, including, but not limited to, income tax (es), pension and medical contributions, shall be withheld each month from Employee’s salary. Employer is to pay these amounts to the proper government authorities and to provide employee with a monthly receipt evidencing that the government has received these monies.
3. Monthly pay period starts on the 11th of each month and ends on the 10 thof the following month (example: Jan. 11 to Feb. 10). Employee shall be paid on a pro rata basis on the (10) tenth day of each month. If this day falls on a national holiday, Saturday or Sunday, the salary will be paid on
the immediately following business day.
4. When Employee has not worked a complete pay period, salary for that pay period shall be paid on a
pro rata basis based on the number of total work days for that pay period divided by the number of actual worked days in the pay period.
5. If Employee is absent from work with or without having obtained a prior approval, Employee's salary for that month shall be deducted by the amount calculated on a pro rata basis for the number of absent days.
6. Employee shall not claim against Employer any compensation and/or payment other than those provided for in this Contract.
Article 3 Supervision
Employee shall carry out the duties set forth in Article 4 pursuant to and under specific instruction and supervision of Employer during the period of employment.
Article 4 Duties and Position
The Employer hires the Employee in the capacity of English Language Instructor (hereinafter “ELI”). The Employee's duties may be reasonably modified at the Company's discretion from time to time.
1. The ELI shall perform the following duties:
A. Plan and conduct classes in levels assigned by Employer, using textbooks, materials, course curriculum, and other resources approved by Employer;
B. Assist with and participate in activities related to the instructional programs of Employer, including, but not limited to, departmental meetings, general faculty meetings, and special presentations and events;
C. Assist with projects related to the activities concerning international cooperation carried out by
Employer;
D. Assist Employer with out-of-classroom activities related to the regular curriculum of Employer,
including, but not limited to, field trips and school-wide assemblies, as well as other
extracurricular activities;
E. Assist with the development of teaching materials, supplementary materials, tests, evaluations, and other programs related to English language teaching;
F. Assist or conduct teacher training for new ELIs under the direction of Employer;
G. Assist, monitor, and supervise ELIs in their teaching methodology and implementation, and
classroom conduct under the direction of Employer;
H. Perform other duties as designated by Employer.
2. All materials developed by Employee while working for Employer will become the property of Employer, and Employee shall not seek compensation and/or payment beyond what is stated in this Contract.
Article 5 Work Hours
1. Employee shall work on Monday to Friday from 9:00- 6:00 (M/W/F)/ 9:00-6:40 (T/TH).
Approximate class instruction hours of Employee will be 6-8 hours per day and 1.5 hours per day
for class material preparation and homework check (Predetermined by Employer). Aforementioned
days and times may change pending employer’s operational need.
2. National holidays will not include any provisional holidays such as cultural, festival, or election
days, set up temporarily. Employer shall decide whether to close the school or conduct classes.
3. Employee will be required to undertake orientation and training for 3-4 days intended to provide
employee with the requisite familiarity with institute operation and policies and to ensure that
employee possesses adequate knowledge and skills related to duties of employment. No payment is
given for this orientation period.
4. Employee shall assist and participate in the following events. Time and location for following
events shall be decided by the Employer and may fall on the weekend.
A. Teachers’ Workshops (Spring & Fall).
B. Campus Orientation Sessions.
C. Any activities planned to achieve the duties set forth under Article 4.
Article 6 Benefits
1. Medical Insurance
Employer shall provide Employee with medical insurance through the National Health Insurance
Corporation (NHIC). Employee and Employer shall pay fifty (50) percent each of premiums and fees. Employer agrees to provide Employee with a medical insurance card issued to the ELI from
the NHIC within 30 days of the Contract commencement date.
2. Pension
Employer shall provide Employee with a National Pension Scheme. Employee and Employer shall
contribute fifty (50) percent each of premiums and fees.
3. Contract Renewal
Employee shall be given a raise of ______TBD_______ Korean won per month in recognition of Employee’s re-signing of the Employment Contract for an additional year without any discontinuity
in employment.
Article 7 Housing
1. Employer shall provide Employee with single housing selected by Employer. Housing selected may
include a studio or apartment. Employer may provide temporary housing until the appropriate
housing for Employee becomes available. Employer shall pay the monthly rent and deposit on the
housing selected.
2. Employee shall pay all costs, expenses, fees, charges, taxes, etc., incurred in using the housing.
3. Employer shall provide the following items:
A. Bed and bedding (blanket, pillow, and clean linen);
B. Washing machine, stove/burner, refrigerator, table & chair;
C. Cooking and eating utensils.
4. Employee shall take care of above items and shall be liable for the cost of repair or replacement of
these items damaged due to negligence. However, Employee shall not be responsible of said items
due to wear and tear from normal use. Please report damage(s) to Employer immediately, if not, it
will be deemed Employee’s negligence.
5. Employer reserves the right to conduct announced inspection(s) of housing provided to Employee.
6. 50,000 Korean won shall be withheld each pay period from Employee’s pay as a security deposit.
Employer shall return the accrued deposit, less deductions if any, to Employee at the end of the
Employment Period.
7. If Employee chooses not to accept the housing provided by Employer, Employer shall provide
Employee with 200,000 Korean won per month as a rent subsidy in lieu of Employer provided
housing.
Article 8 Airfare
1. Employer shall provide Employee a one-way economy-class airfare from the nearest airport to
Employee’s city of origin and Seoul-Incheon or Gimpo International Airport. Employer agrees to
purchase the one-way airfare for the Employee prior to Employee departing for Korea.
2. Employee shall pay for all connecting flights within the Employee’s home country, or any other
flights not provided for in the travel itinerary authorized by Employer.
3. If Employee’s Contract is terminated, whether by Employee or Employer, within six months of the
Contract commencement date, Employee shall repay the price of the ticket on a pro rata basis calculating the number of months that the Employee has worked since the start of employment.
4. Upon completion of Terms of Employment and all duties within that period, Employer shall provide the Employee one-way economy-class airfare from Seoul-Incheon or Gimpo International
Airport to the nearest airport to Employee’s city of origin. However, if Employee renews the Contract for an additional year, return airfare will be provided to the Employee at the end of the
renewed Contract period.
5. If the Employee moves or transfers to another school in Korea, return airfare may not be given.
Article 9 Paid Vacation
1. Employee shall be provided with the following Paid Vacation.
A. Summer Break (5 days)
B. Winter Break (5 days)
2. Paid Vacation is a benefit given to Employee on the assumption that the Employee fulfills the Terms of Employment. In the event the Employee is unable, Employee shall pay back a portion (pro-rated monthly) of Employee’s salary equivalent to the total number of paid vacation days used by Employee.
Article 10 Medical Testing
Employee will undergo a random drug test (twice a year) during the period of Employment. Employer will determine the date, time, and location.
Article 11 Code of Conduct
1. Employee shall not behave in any manner that may damage or tarnish the reputation of the teaching profession and the Employer. Employee shall comply with and observe any code of conduct applicable to Korean teachers.
2. Under Korean immigration law, Employee shall not receive pay from any other job, including a part time job, outside the duties of Employer, during the Terms of Employment.
3. Employee shall not be involved in any activities, which may cause harm to the students or be of detriment to the reputation of Employer.
Article 12 Termination of Contract
1. Resignation
If Employee wishes to resign and terminate this Contract, Employee must provide Employer
minimum ninety (90) days prior, written notice of resignation stating the last date of work and the
reason for resignation. If Employee chooses to resign, the airfare for the return flight shall be paid
by Employee and his/her VISA shall be cancelled.
2. Termination by Employer
Employer may terminate this Contract for any one of the following reasons:
A. If Employee violates the laws of the Republic of Korea;
B. If Employee fails to perform or unsatisfactorily performs any of the duties stipulated in this
Contract for any reason;
C. If Employee is absent from work for more than three (3) days without Employer’s authorization;
D. If it is determined, that Employee 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 Employer, Employee must be immediately available for a medical examination.
3. Probation Period
Employee shall start on a probation period of ninety (90) days. Employer may terminate this Contract as employer sees fit within the ninety days with justifiable reason to employee.
4. If the Contract is terminated, Employer shall pay Employee a prorated, monthly salary based on the number of days actually worked by Employee during the last pay period of employment. The Employee shall immediately refund the airfare, if any, pursuant to terms under Article 8.
Article 13 Confidentiality Agreement
This Contract, and all its contents, is entered into based on strict confidentiality between Employee and Employer. Employee shall not disclose any information, and/or contents of this Contract to any third parties without having received prior approval from Employer. Unauthorized disclosure of this Contract, in whole or in part, whether intentional or unintentional, shall result in immediate termination of Contract. In such a case, it shall be considered a termination of Contract by the Employee.
Article 14 Miscellaneous
Employer shall determine matters not explicitly stated in the Contract by considering Employee’s concern.
Article 15 Indemnity
Employee shall indemnify for and keep Employer harmless from any liabilities or damages arising from, or
in relation to any negligent or illegal activities of Employee, whether intentional or unintentional, during the
Term of Employment under this Contract.
Article 16 Governing Law and Venue
The terms of this Contract and the rights and obligations of the parties named herein shall be interpreted
solely according to the laws of the Republic of Korea. If a dispute or disagreement arises in connection with this Contract, the parties shall first try to resolve it in good faith. However, if the parties fail to resolve such disputes to their mutual satisfaction, their disputes shall be resolved by arbitration in Seoul, Republic of
Korea, according to Commercial Arbitration Rules of the Korean Commercial Arbitration Board.


***After receiving this contract I asked a few questions and here are the answers I received:

1 - I noticed there are no sick days listed. I know that the vacation days are set days, so what would I do if I were to get sick?
Answer: For summer break, it’s the last week of July and for winter, last week of December. If you are really sick, you'll need to let the campus know immediately as they have to find someone to cover your classes while you are away. If the sickness is legitimate with a doctor's note, it will be excused. But, staying healthy is key.
2 - Regarding the flight at the end of the contract, would it be possible to be given an allowance for that flight? I've seen that most schools give the teachers ~1.3mil to book their own flights. The reason that I'm suggesting this is because after leaving Korea I am hoping to travel or visit friends in New Zealand instead of flying directly home.
Answer: We have our own travel agency we work with and all flights are covered by us. If the flight cost to NZ is comparable to what it would cost to return home, it’s a possibility.
3 - In the contract, regarding the severance, where it says "Severance compensation of approximately the average of one month salary shall be provided" can you please change it the actual number value of one months salary?
Answer: I can’t modify the contract as it’s universal throughout all our branches. Because your severance is taxed just like your monthly salary, thus the wording.
4 - Could you provide me of a breakdown (or rough idea) of what I can expect for deductions of my pay every month. (I'm only asking for #3+4 because I have friends who have had issues here and their contracts did not clearly state the details.)
Answer: http://www.worknplay.co.kr/korea-information/taxes-and-deductions (Check out this link. It has a rough breakdown of the deductions) We are a big organization with our own Finance Dept. at the Head Office so you have nothing to worry about.
5 - Do you offer a "relocation allowance"?
Answer: No.


I'm not happy with the answers for questions 1-3 and they don't seem like they are willing to adjust the contract. I don't think that anything I'm asking for is unreasonable. What would be my best move from here?

Thanks for your help!!!
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TheUrbanMyth



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

PostPosted: Sun Feb 03, 2013 5:03 pm    Post subject: Re: I was just offered this contract... Reply with quote

gaffnem wrote:



***After receiving this contract I asked a few questions and here are the answers I received:

1 - I noticed there are no sick days listed. I know that the vacation days are set days, so what would I do if I were to get sick?
Answer: For summer break, it’s the last week of July and for winter, last week of December. If you are really sick, you'll need to let the campus know immediately as they have to find someone to cover your classes while you are away. If the sickness is legitimate with a doctor's note, it will be excused. But, staying healthy is key.
2 - Regarding the flight at the end of the contract, would it be possible to be given an allowance for that flight? I've seen that most schools give the teachers ~1.3mil to book their own flights. The reason that I'm suggesting this is because after leaving Korea I am hoping to travel or visit friends in New Zealand instead of flying directly home.
Answer: We have our own travel agency we work with and all flights are covered by us. If the flight cost to NZ is comparable to what it would cost to return home, it’s a possibility.
3 - In the contract, regarding the severance, where it says "Severance compensation of approximately the average of one month salary shall be provided" can you please change it the actual number value of one months salary?
Answer: I can’t modify the contract as it’s universal throughout all our branches. Because your severance is taxed just like your monthly salary, thus the wording.



I'm not happy with the answers for questions 1-3 and they don't seem like they are willing to adjust the contract. I don't think that anything I'm asking for is unreasonable. What would be my best move from here?

Thanks for your help!!!



1. Sick days are a contractual issue. If they don't offer any...you don't get any. However their answer sounds like they are attempting to be reasonable. With a doctor's note it shouldn't be a problem (as they themselves point out).


2. Again they sound like they are being reasonable. You surely wouldn't expect them to pay MORE than the airfare back home? If however the trip to NZ is the same or cheaper than the flight back home then I don't see why they wouldn't agree to that...as it either saves them money or costs them the same. Shouldn't be a problem unless it's more expensive.


3. Severance is approximate because it's not always one month's salary.

By law severance is the average of your last 3 months salary. If you did a lot of OT in the last three months...then that HAS to be included in your severance pay...thus making it more than one month's salary. You are at least entitled to one month's pay (with no OT).
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gaffnem



Joined: 30 Jan 2013
Location: Boston, USA

PostPosted: Sun Feb 03, 2013 8:08 pm    Post subject: Re: I was just offered this contract... Reply with quote

TheUrbanMyth wrote:
gaffnem wrote:



***After receiving this contract I asked a few questions and here are the answers I received:

1 - I noticed there are no sick days listed. I know that the vacation days are set days, so what would I do if I were to get sick?
Answer: For summer break, it’s the last week of July and for winter, last week of December. If you are really sick, you'll need to let the campus know immediately as they have to find someone to cover your classes while you are away. If the sickness is legitimate with a doctor's note, it will be excused. But, staying healthy is key.
2 - Regarding the flight at the end of the contract, would it be possible to be given an allowance for that flight? I've seen that most schools give the teachers ~1.3mil to book their own flights. The reason that I'm suggesting this is because after leaving Korea I am hoping to travel or visit friends in New Zealand instead of flying directly home.
Answer: We have our own travel agency we work with and all flights are covered by us. If the flight cost to NZ is comparable to what it would cost to return home, it’s a possibility.
3 - In the contract, regarding the severance, where it says "Severance compensation of approximately the average of one month salary shall be provided" can you please change it the actual number value of one months salary?
Answer: I can’t modify the contract as it’s universal throughout all our branches. Because your severance is taxed just like your monthly salary, thus the wording.



I'm not happy with the answers for questions 1-3 and they don't seem like they are willing to adjust the contract. I don't think that anything I'm asking for is unreasonable. What would be my best move from here?

Thanks for your help!!!



1. Sick days are a contractual issue. If they don't offer any...you don't get any. However their answer sounds like they are attempting to be reasonable. With a doctor's note it shouldn't be a problem (as they themselves point out).


2. Again they sound like they are being reasonable. You surely wouldn't expect them to pay MORE than the airfare back home? If however the trip to NZ is the same or cheaper than the flight back home then I don't see why they wouldn't agree to that...as it either saves them money or costs them the same. Shouldn't be a problem unless it's more expensive.


Thanks for your input! Would you say that I can go ahead and sign or should I get the wording altered to make sure these are covered?

I don't know if I'm being too cautious or not cautions enough! I don't know how things typically work in Korea but I have heard awful stories about how things weren't stated clearly and the teacher missed out on quite a bit and that is what I'm trying to avoid.

Thanks again!
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gaffnem



Joined: 30 Jan 2013
Location: Boston, USA

PostPosted: Sun Feb 03, 2013 8:17 pm    Post subject: Re: I was just offered this contract... Reply with quote

TheUrbanMyth wrote:
gaffnem wrote:



***After receiving this contract I asked a few questions and here are the answers I received:

1 - I noticed there are no sick days listed. I know that the vacation days are set days, so what would I do if I were to get sick?
Answer: For summer break, it’s the last week of July and for winter, last week of December. If you are really sick, you'll need to let the campus know immediately as they have to find someone to cover your classes while you are away. If the sickness is legitimate with a doctor's note, it will be excused. But, staying healthy is key.
2 - Regarding the flight at the end of the contract, would it be possible to be given an allowance for that flight? I've seen that most schools give the teachers ~1.3mil to book their own flights. The reason that I'm suggesting this is because after leaving Korea I am hoping to travel or visit friends in New Zealand instead of flying directly home.
Answer: We have our own travel agency we work with and all flights are covered by us. If the flight cost to NZ is comparable to what it would cost to return home, it’s a possibility.
3 - In the contract, regarding the severance, where it says "Severance compensation of approximately the average of one month salary shall be provided" can you please change it the actual number value of one months salary?
Answer: I can’t modify the contract as it’s universal throughout all our branches. Because your severance is taxed just like your monthly salary, thus the wording.



I'm not happy with the answers for questions 1-3 and they don't seem like they are willing to adjust the contract. I don't think that anything I'm asking for is unreasonable. What would be my best move from here?

Thanks for your help!!!



1. Sick days are a contractual issue. If they don't offer any...you don't get any. However their answer sounds like they are attempting to be reasonable. With a doctor's note it shouldn't be a problem (as they themselves point out).


2. Again they sound like they are being reasonable. You surely wouldn't expect them to pay MORE than the airfare back home? If however the trip to NZ is the same or cheaper than the flight back home then I don't see why they wouldn't agree to that...as it either saves them money or costs them the same. Shouldn't be a problem unless it's more expensive.


Thanks for your input! Would you say that I can go ahead and sign or should I get the wording altered to make sure these are covered?

I don't know if I'm being too cautious or not cautions enough! I don't know how things typically work in Korea but I have heard awful stories about how things weren't stated clearly and the teacher missed out on quite a bit and that is what I'm trying to avoid.

Thanks again!
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thegameksk



Joined: 05 Nov 2012

PostPosted: Mon Feb 04, 2013 3:21 pm    Post subject: Reply with quote

YTMND thank you for the advice. Looking at it I thought the hours looked off. Back to the drawing board.
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Lahiho



Joined: 07 Oct 2012

PostPosted: Tue Feb 05, 2013 3:06 am    Post subject: Reply with quote

Hi, I have received an offer from Sky Earth Academy in Incheon, I can't find anything about it online and when I asked for contact details of existing teachers I was linked the site and told I could find it there, but I can't really navigate it: http://cafe.naver.com/academyskyearth

Anyway, here is the contract, it seems ok though the hours seem to be a bit excessive, what do you think?

CONTRACT / AGREEMENT

고용계약서

This document is a contractual agreement between the Director/employer, ____, of __Sky Earth /
하늘땅아카데미 with address at Yeonsu-gu, Inchon, Korea hereafter referred to as “ Party A “ and
,
Passport #
, hereafter referred to as “ Party B”.

Sky Earth / 하늘땅 (주소: 인천 연수구)의 이지혜 원장(이하 A라 칭함)과
칭함)는 다음 항목에 동의하여 계약한다.

1. Contract period

1) The period of this contract will be starting from__4mar 2013_and will be terminated on 3mar
2014
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) Employee shall be paid _ 2,100,000 _won per month. However, the Korean income tax (3.3% of salary:
dependant on variation in Korean tax law), medical insurance under Korea law shall be withheld each month
from Employee’s salary (50% of medical insurance will be supported by employer). The Employer will
enroll Employee in the Korean Nation Healthcare and give Employee insurance card (after getting approate
VISA & social number).
2) Employee’s salary from 1st day of the month to last day of the month shall be paid on the10th of month
following each pay period. If this day falls on a National Holiday, Saturday or Sunday, the salary will be paid
on the immediately preceding business day.
3) If Employee should be absent from Work without a prior approval, his or her salary for that month shall be
deducted 2times by the amount calculated on a pro rata daily basis for the number of unauthorized absent days.
4) Upon completion of the 1 year contract, Employer shall pay 2,100,000 (3.2% tax, Employee thirty (30)
calendar days’(1 month) average wage) as a severance pay for Employee’s continuous employment of one
year. The severance pay will be paid on after clearing all things(room utilities’ fee, etc).
5) Employee whose contract is renewed for a second term or subsequent terms may be eligible for an increase in
salary. The increase is not automatic and will depend, in all cases, upon the Employee’s teaching performance
and contribution toward the achievement of the educational goals of Sky Earth School.



3. Working Hours

1) The employee(Part B) will work for employer(Part A) as English language instructor. Working hours is from
09:30am to 19:00pm (and a weekly meeting once per week at 6:00pm). This may change later (once only
by employer) to 09:00am-18:30pm (plus weekly meeting) dependant on class requirements or employee’s
role. The employee(Part B) will organize what the employee(Part B) did or does and clean a room every day
before leaving school.
2) Classes, teaching & duties will be scheduled in accordance with the needs of employer(Part A) without
the employee’s consent.

Sky Earth Academy Songdo Contract


1/5

3) Any teaching hours past 19:00pm in one teaching week (except weekly meeting) is considered overtime and
must be mutually agreed on. Overtime payment will be 20.000 won each hour.
4) Employee(Part B) will work 5days a week (on Monday, Tuesday, Wednesday Thursday, Friday)(6days if
mutually agreed on extra payment) , and Employee (Part B) should attend a special event day if required
which was noticed 2 weeks ahead of time(up to twice in a year), even if it’s not a working day.


4. Accommodation

1) The employer(Party A) will provide a furnished housing (unshared) and will take responsibility for rent.
2) In case that both parties agree, the employee(Part B) shall be paid the monthly rent. In this case, the
employee(Part B) will take all the responsibility for finding an apartment and paying the deposit money and all
the expanses for the contract. The employer(Part A) will not take any monetary responsibility (such as repairs,
etc) except the monthly rent.
3) Party B’s accommodation is a single or studio.
4) Party B will be responsible for paying utilities, such as for the gas, electricity, responsibility for building
maintenance(repairs) broken by employee , etc.


5. Air Fare and Resignation

1) The airfare for Employee’s flight, actual purchasing price, to Korea shall be paid by employer based on an
economy class airfare from
to Incheon International Airport.
a. A one-way ticket to Korea will be reimbursed upon commencement of the employment contract in Korea
and after the completion of the employment contract a one-way ticket to the airport of departure will be
provided.
b. Teacher residing in Korea: After the completion of the employment contract a one-way ticket to the
Employee’s foreign residence(capital city, from incheon to
) will be provided, only if the
employee doesn’t make a new contract for the next year with the employer.
c. Once the Employee receives E-2 visa, Employee must apply for an Alien card at the immigration office
which is an indispensable card required to live in Korea. It will cost 20,000won for the stamp, and it will
not be reimbursed by Employer.



6. Holidays

1) Employee (Part B) may be entitled to paid leave for Korean national holidays and not more than 10
additional working days(include school’s vacation – summer, winter, temporary) during the term of the

Sky Earth Academy Songdo Contract

2/5

employment. Paid leave may be taken as a block when the school is not in session during the summer
semester and incrementally during the winter. Saturday and Sunday do not count as vacation days.
2) Employee (Part B) shall notice a minimum 14-days prior written notice for individual vacation and be
permitted by the Employer .
3) If Employee(Part B) renews the contract, unused yearly paid leave cannot be carried over to the new contract
period.


7. Office Regulations and Restrictions

Employee shall faithfully observe his/her Director’s requests on his/her duties defined in Contract.
Employees shall not leave the school during the working hours without the Employer’s prior consent.
Director shall evaluate Employee’s performance of official duties under guidelines.
Employee shall devote his/her full working hours and occupational attention to the defined duties in these terms
and conditions, except for cases specially provided during the contract term.
5) Employee shall not damage or tarnish the reputation of the teaching profession. Employee shall comply with
and observe any codes of conduct acceptable for Korean teachers.
6) Without the Director’s and Korean Immigrations permission, Employee shall not be employed or
involved in other paid business (including a part-time job).
7) If Employee has a contagious disease or other illness as set out in the following items, Director shall prevent
Employee from performing duties.
The fear exists that Employee with a contagious disease is not taking measures to prevent the spread of
i.
the disease.
The fear exists that labor will significantly worsen Employee’s disease from which Employee suffers
ii.
Employee is affected by a disease as determined by the Ministry of Health and Welfare.
iii.

1)
2)
3)
4)


9. Termination of the Contract

1) Employer may terminate or cancel this Contract upon occurrence of any one of the following events;
d. If the Employee is found guilty of violating laws of the Republic of Korea.
e. If Employee fails to perform or unsatisfactorily perform any of the duties stipulated in this contract or the
Employer is dissatisfied with the performance of the employee, the school closes or encounters financial
difficulties (providing a minimum of 10 days notice).
f. If Employee fails to perform his/her duties for without any excuse.
g. If any of the information provided in Employee’s application is neither true nor accurate.
h. If it is determined that Employee is prevented from or incapable of performing his/her duties set forth
in Article hereof for a medical reason, whether it is a physical or psychological ailment.(If requested by
Employer, Employee must be immediately available for a medical examination.)
In the event that this contract is terminated pursuant to the foregoing 1, Employer shall pay Employee a pro
2)
rated salary based on the number of days Employee actually worked for. In this case, Employee shall be
responsible for his/her return trip to his/her home country. Employee’s visa will subsequently be cancelled

Sky Earth Academy Songdo Contract

3/5

3) If Employee is sentenced to a term of imprisonment (or any other more severe penalty), Employee shall
automatically be dismissed and Employer will not provide any financial compensation.
4) If Employer should desire to lay off employee during the Term of Employment, employer must give
Employee a forty five (45)days prior written notice of layoff date and a reason(eg, academy’s financial
difficulties, employee’s fault). In the case of employer’s financial difficulties during the Term of
Employment, the airfare for his/her return trip shall be borne by Employer (if needed) or help
employee to change jobs.(help to transfer visa in korea,etc)
5) If Employee should desire to resign during the Term of Employment, he/she must give Employer a forty
five (45)days prior written notice of resignation stating a date of and a reason for resignation. In the case
of Employee’s resignation during the Term of Employment, the airfare for his/her return trip shall
be borne by Employee and his/her visa shall be cancelled.


10.Matters not explicitly stated in the Contract

Matters not explicitly stated in the Contract shall be determined by Employer.


11. Governing Law, Language and Venue

1) The terms of this contract and the rights and obligation of the parties hereto shall be construed, interpreted
and determined in accordance with the laws of the Republic of Korea.
2) The Governing language of the contract shall be English & Korean. The translations of both are the same.
3) If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall
first try to resolve it in accordance with a principle of good faith. However, if the parties fail to mutually
resolve such disputes or disagreements or come to amicable settlements, their disputes or disagreements shall
be finally resolved by arbitration of the Korean Commercial Arbitration Board.



12. Teachers’ tasks within working hours

Teaching and playing with students
Event day preparing and running
Weekly and Monthly Evaluation and Teaching plans
Writing comments on the Internet homepage of Sky Earth Academy on a regular basis.
Homeroom teacher’s duties including counseling and communicating with the parents and taking care of the
homeroom students.

1)
2)
3)
4)
5)

Sky Earth Academy Songdo Contract

4/5

6) Instruction by derector & employer.
7) The photo of the employee shall be used on the website and brochures for advertising the academy.


13. Special tasks and Amendments as a teacher

1. Event day planning, preparing , running and task administration (Elementary and Kindergarten)
2. Market Day for Elementary and Kindergarten every month
3. Curriculum updates, new courses, new book selection, book page targets checkup and updates (Elementary
and Kindergarten)
4. Monitoring and upgrading the educational systems and reporting the results to the director.
5. Having a meeting on the progress of the education systems with the director at least once a week.
6. Training and Evaluating new English teachers for teaching skills and methods

Responsibility for the above tasks earns an additional money per month for employee. The amount of money will be
decided by the employer(limit 200,000won).



14. Signature

In witness whereof, the parties hereto sign the Contract in triplicate on the date entered below with each party
retaining one copy and submitting the third copy to an immigration office for Employee’s visa application.


This contract will become effective after employee get appropriate visa as a skyearth academy’s English teacher.
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Sireno



Joined: 19 Mar 2010

PostPosted: Tue Feb 05, 2013 9:07 am    Post subject: Reply with quote

Hello. I am looking for feedback on this contract. This will be my 3rd year in Korea. They are showing the contract at 2.2/month which seems a bit low so I will ask for 2.3. I need to discuss this contract with the recruiter since there are some red flags I blatantly see.
This includes:
1) Having specific working hours stated.
2) Getting rid of the 300,000 원 housing fee deposit required.
3) I will have to do a visa run to Japan, so I should get that stated in the contract paid for.
4) I need numbers for tax deduction, health insurance, and pension.
5) Location of housing.
6) When can I take vacation?
7) Sick days.
8 ) Being prorated pay for not starting on the 10th of each month.
9) Are holidays/vacation days paid?
10) A time frame of when I receive the ARC
11) I was told they buy/pay for dinner every night. Should I get that also in the contract?
12) First couple days for orientation?


As it is written right now I think if I worked for less than 6 months and gave proper 60 days written notice of resignation, then they would not take back the airfare money?

Take a look and see if I'm totally missing other things. Thanks.

XXXXX INSTITUTE
Contract of Employment


Employer Name :
Address :



Employee Name :
Address :


This contract is made by and between the who has its principal office at xxxxx, S.Korea (hereafter referred to as the “employer”) and xxxxxxx who holds a passport No. (Hereafter referred to as the “employee”). The “employer” hereby hires the “employee” and both parties agree on the following terms and conditions:


TERMS AND CONDITIONS

1. Job Description;
The “employee” will work for the “employer” as an English Instructor. The duties of the “employee” will be as follows:
a. Curriculum design and implementation.
b. Development of educational programs and materials.
c. Grading and evaluation of students.
d. Attendance at teacher’s meetings and workshops.
e. Other activities directly related to teaching.


2. Place of employment:
The “employee” will not be permitted to work outside the place of employment except with a written approval from a Korean Immigration Official, and work outside the place of employment meets with the approval of the “employee” as well as the “employer”

3. Period of Employment
Pending the issuance of an E2 visa from the Korean Immigration, the “employee” will work for the “employer” for a period of not exceeding one year in accordance with the E2 visa. The period of employment will begin on 4th / March / 2013 and end on __3th____/ March / 2014 .
(Exact starting date of this contract may be determined by duration of E2 visa process and/or teacher’s arrival date to Korea)

4. Regular Hours / Salary / Overtime / Tax
The “employee” will work 120 hours per month. Monday through Friday.

The “employer” agrees to pay the “employee” a basic salary of xxxx Korean won per month. The payment will be made on __10__th of each month for the previous month teaching.

Even if the “employee” teaches less than the regular 120 hours per month, the “employee” is still guaranteed to be paid a base salary of 2,200,000 Korean won per month.

If The “employee” teaches beyond 120 teaching hours a month, the “employee” will be paid an overtime rate of __20,000__ won per hour. (The number of overtime hours must be agreed to by both the “employer” and the “employee”).

7. Health Insurance and Pension Plan:

5. Health Insurance
The Instructor will be automatically subscribed to National Health Insurance, and be bound by the domestic Medical Insurance Laws.

6. Housing
The “employer” will provide the “employee” with a private furnished housing consisting of, but not limited to, basic appliances. (TV, refrigerator, washing machine, bed, linen, kitchen utensils, telephone, air conditioner). The housing will be provided at no cost to the “employee” with the exception of utilities, TV, and telephone bills. The “employer” will ensure that the housing is clean. In return for a furnished housing, the “employee” agrees to respect and care for the housing, with the exception of normal repairs. Any outstanding bill belonging to the “employee” will be the sole responsibility of the “employee”. The employer will deduct 100,000won from each of the employee’s first three months of pay to make a total of 300,000won as a housing management deposit.

7. Airfare
The “employee” will be provided with one way air ticket to Korea. In the event that the “employee” decides to terminate this contract prior to six months of completion for reasons not in accordance with this contract, they will be required to reimburse the “employer” the full amount of the airfare. After the one-year contract is completed, the “employer” will provide the “employee” with a return air ticket.

8. Holidays
The “employee” will not be expected to work during all Korean national holidays.

9. Vacation
The “employee” will receive 10 working days of paid vacations per year in school’s vacation period.

10. Severance Pay
Upon completion of this contract, the “employee” will receive one month’s salary as severance pay in accordance with Korean Labor Laws. Under no circumstances will this severance pay be withheld from the “employee”, with the exception of non-fulfillment of contract. If at anytime the “employee” terminates this contract for any reason prior to fulfillment, the contract is void and the severance pay will not be paid.

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

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

a) Violation of the laws of the Republic of South Korea.
b) Teaching classes while under the influence of drugs or alcohol.
c) Being late for class on a continuous basis.
d) Continuous failure to keep regularly scheduled class hours.
e) Repeated absences from classes without a valid reason.

With the exception of 12.a and 12.b above, the “employer” must first bring the problem to the attention of the “employee” in writing and make every effort to resolve the situation. The “employee” will then follow the direction of the “employer” also and make every attempt to correct the problem. However, circumstances beyond the control of the “employee” are exempt from Section 12. Circumstances may include, but are not limited to accident, death, and illness or unpredicted events.

13. Termination of Contract
With the exception of Section 12 of this contract, the “employer” or “employee” may cancel this contract with 60 days written notice. If the “employee” wishes to voluntarily resign from employment before the completion of this contract the “employee” must provide written notice to the “employer” at least 8 weeks before the resignation
.
14. Resolving Disputes:
While both parties enter into this agreement with total honesty and integrity, disputes may sometimes occur. In such cases, both parties will be bound by all terms and conditions of this contract and will try to resolve the difference in a civil manner that is fair to both parties. In the event that no solution can be found for a problem and either party decides to terminate this contract, they must do so in accordance with Section 15 above. Upon such termination, both parties will agree to remain civil and to speak honestly and fairly about their experiences and not in a disrespectful manner.

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

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

17. Release from Contract
With the exception of Section 12, both the “employer” and the “employee” are released from this contract in the case of:
a) Death, war, accident, or unforeseen events.
b) Failure to provide proper university diploma with B.A (or equivalent) qualification.
c) Failure to meet any or all of the terms and conditions of this contract.

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

Both the “employer” and the “employee” have read and understood all the terms and conditions of this contract and do hereby enter into this contract, which will be binding upon all by all parties concerned and do so by mutual agreement.

Employment Period: 4th / March / 2013 ~ 3rd / March / 2014






EMPLOYER EMPLOYEE



____________________________ ____________________________
Employer’s Signature Employee’s Signature



_____________________________
Employer’s Name Employee’s Name



____________________________ ____________________________
Date Signed Date Signed
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YTMND



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

PostPosted: Tue Feb 05, 2013 8:45 pm    Post subject: Reply with quote

Lahiho

Quote:
3. Working Hours


Long hours. Yep Yep, Daddy-o.

Quote:
Responsibility for the above tasks earns an additional money per month for employee. The amount of money will be
decided by the employer(limit 200,000won).


Find out what this means.



Sireno

Quote:
8 ) Being prorated pay for not starting on the 10th of each month.


Then sign an earlier contract.

Quote:
11) I was told they buy/pay for dinner every night. Should I get that also in the contract?


Most peculiar stranger. Usually, schools don't do this. Why do you think they should in your case pilgrim?

Quote:
12) First couple days for orientation?


And..... why the question mark? Some schools want orientation. Less than a week is sufficient. So what is your concern exactly?

Quote:
I think if I worked for less than 6 months and gave proper 60 days written notice of resignation, then they would not take back the airfare money?


Nope. 6 months is a guideline. Why would you plan on only working 4 months?

Play your notices games/antics AFTER 6 months, ok?

Contract looks fine.
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TheUrbanMyth



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

PostPosted: Thu Feb 07, 2013 4:23 pm    Post subject: Re: I was just offered this contract... Reply with quote

gaffnem wrote:
TheUrbanMyth wrote:
gaffnem wrote:



***After receiving this contract I asked a few questions and here are the answers I received:

1 - I noticed there are no sick days listed. I know that the vacation days are set days, so what would I do if I were to get sick?
Answer: For summer break, it’s the last week of July and for winter, last week of December. If you are really sick, you'll need to let the campus know immediately as they have to find someone to cover your classes while you are away. If the sickness is legitimate with a doctor's note, it will be excused. But, staying healthy is key.
2 - Regarding the flight at the end of the contract, would it be possible to be given an allowance for that flight? I've seen that most schools give the teachers ~1.3mil to book their own flights. The reason that I'm suggesting this is because after leaving Korea I am hoping to travel or visit friends in New Zealand instead of flying directly home.
Answer: We have our own travel agency we work with and all flights are covered by us. If the flight cost to NZ is comparable to what it would cost to return home, it’s a possibility.
3 - In the contract, regarding the severance, where it says "Severance compensation of approximately the average of one month salary shall be provided" can you please change it the actual number value of one months salary?
Answer: I can’t modify the contract as it’s universal throughout all our branches. Because your severance is taxed just like your monthly salary, thus the wording.



I'm not happy with the answers for questions 1-3 and they don't seem like they are willing to adjust the contract. I don't think that anything I'm asking for is unreasonable. What would be my best move from here?

Thanks for your help!!!



1. Sick days are a contractual issue. If they don't offer any...you don't get any. However their answer sounds like they are attempting to be reasonable. With a doctor's note it shouldn't be a problem (as they themselves point out).


2. Again they sound like they are being reasonable. You surely wouldn't expect them to pay MORE than the airfare back home? If however the trip to NZ is the same or cheaper than the flight back home then I don't see why they wouldn't agree to that...as it either saves them money or costs them the same. Shouldn't be a problem unless it's more expensive.


Thanks for your input! Would you say that I can go ahead and sign or should I get the wording altered to make sure these are covered?

I don't know if I'm being too cautious or not cautions enough! I don't know how things typically work in Korea but I have heard awful stories about how things weren't stated clearly and the teacher missed out on quite a bit and that is what I'm trying to avoid.

Thanks again!



Contract Pros: They offer medical insurance and pension and severance. The compensation is decent.

Contract Cons: The hours though are long (9-9.5 hours per day) and there are no listed sick days. Also I don't like the fact there is a deposit...some teachers have had problems getting it back at the end (myself included).


In the end it comes down to you and the employer. IF the guy is honest then this isn't a bad contract to sign. If on the other hand he is dishonest...then even the best contract in the world isn't going to stop him from shafting you.

So what is your gut telling you after you read the contract? If you feel uncomfortable it might be best to pass. If on the other you are okay with this then it might be an idea to sign this one. Again I'm not recommending the school...I'm just going by what the contract says.
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Miggy



Joined: 22 Sep 2012

PostPosted: Sat Feb 16, 2013 6:47 am    Post subject: Reply with quote

Hello, I'd appreciate a look at this (my first) contract.
It's a bit long so I have bolded the parts I am unsure about.

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

Employer's Responsibilities
a. The employer is required to provide support to the teacher in his/her full capacity, working together to provide quality English instruction under the terms stated in this contract.
b. The employer will honor the terms and conditions of employment, as stated within this contract.

Teacher's Responsibilities and Duties
a. During the terms of this Agreement, the teacher must cooperate and comply with the instructions and disciplines of the school. Assisting the ‘Supervisor’ or ‘Director’ he/she must carry out assignments as directed by the employer. The ‘Supervisor’ or ‘Director’ will be responsible for establishing and communicating the ‘Standards of Performance’ as related to the duties stated in this contract.
b. The teacher MUST be adequately prepared for the classes in advance, preparing a detailed lesson plan for every class, every day.
c. Throughout the term of the contract, teachers must maintain a clean and neat appearance. While suits and ties are not mandatory, a professional attire and appearance is desirable. (Banned: t-shirts, tethered clothes, clothes with holes, body piercing, revealing tops that shows the waist, thongs, long hair (for men), unshaven beard, skin head, showing of underwear or not wearing underwear.
d. The teacher’s work will include the following:
① Teaching the English to students (Target students’ ages: 3 to Adult)
② Develop educational programs and materials, expanding off of what is already provided in the curriculum
③ Curriculum design and implementation
④ Indoor/outdoor classroom activities for/with students
⑤ Level tests, placement by levels, evaluation, check list, monthly report
⑥ Providing students with individualized care
⑦ Attending teacher’s meetings, training, and workshops
⑧ Other related activities and requirements (please refer to the ‘Teachers Manual’
⑨ Teacher have to clean up the teacher’s class room

Working Hours
a. During the term of this Agreement, the teacher should work in cooperation with the Supervisor or Director from Monday through Friday, and during special events.
b. Teachers will be required to attend some special events throughout the year (Workshops, graduation ceremony, etc.), which may fall on a Saturday. Teachers do not receive additional compensation for these days.
c. The teacher is expected to teach 120 teaching hour per session. The teacher assumes responsibility to completely prepare for all his/her classes. (Each session is approximately one month in duration)
d. Normally, the first class of the day begins at 9:00 am and the last class finishes at 6:00 pm. The teacher must receive a confirmation on the lesson plan and the prepared materials before leaving work.
e. If the teacher is late for work for three or more times, 1% of the monthly salary will be subtracted from the next month’s salary.
f. 200,000 won will be subtracted from the monthly salary for the teacher’s absence without a notice.

Salary and Overtime Rate
a. The employer agrees to pay the teacher salary of 2,200,000 Korean Won for 120 teaching hours per session and preparation for classes.
b. The payment of the teachers’ salary is to be made on 10 of each month, after the required work is completed.
c. Each teaching hour exceeding the 120 teaching hours/session will be considered as overtime. The payment for the overtime will be 20,000 Korean Won per each teaching hour.
Attendance at scheduled staff meetings and workshops, along with preparation for classes is mandatory and not considered as overtime.
d. Monthly salary 2,200,000 won consists of; basic salary of 1,760,000 and contract fulfillment salary of 440,000.
e. Based on the Clause 15, if the teacher cannot fulfill the whole 1 year contract, he/she must return the contract fulfillment salary to the employer right away (on the same day of contract termination). If the return is delayed, the teacher will be charged 36% of annual interest as of the day of contract termination. In this case, the employer can take the contract fulfillment salary from the teacher’s monthly salary primarily.

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

Transportation
A. One way airticket to In-cheon international airport will be provided.
B. One way airticket is provided from korea to the next destination when teacher leaves after one year.
C. In case that the teacher breaks the contract within a year, teacher(he or she) must give back the flight ticket fees that will be paid by the school.

Orientation Period
a. Upon arrival in Korea, the teacher will be guaranteed seven days for orientation, training, and general time to settle down, before being expected to begin his/her regular teaching work.
b. During the orientation period the teacher is required to attend the official xxxx training at the head office to learn about the school system. Upon completion and passing of the test provided in the end of the training session, the teacher will receive a certificate, and become a certified xxxx teacher.
c. The employment may be canceled during the orientation period in the headquarters if he/she is judged to be inadequate or incompetent to become teachers.

Medical Insurance
a. Medical insurance is to be provided by Korean Medical Insurance Union or a different private health insurance company/organization.
b. Half of the insurance premium is to be paid by the employer, while the other half is to be covered by the teacher.

Vacation & Holidays
The teacher will be allowed holidays during national holidays, while vacation days are allowed only during the days allowed/stated in the ‘xxxx’ session calendar.

Visa Sponsorship
a. The employer is responsible for sponsoring and acquiring the one-year E-2 teaching visa and alien card necessary to be legally employed as an English Teacher in Korea and that he/she is able to acquire a Korean bank account.
b. The Institute is responsible for all fees in acquiring the necessary teaching visa issuance number through the immigration office. Visa application fees and its related expenses in the Instructor’s homeland will be paid at his/her expense.

Accommodations
a. The school will provide the teacher with furnished accommodation.
b. Furnishings being provided by the employer include: television, refrigerator, washing machine, bed, wardrobe.
c. Selection of the apartment and its location is to be made by the employer, and will be made without consulting with the teacher.
d. The deposit and monthly rent is the full responsibility of the employer.
e. Any and all other living costs are to be the full responsibility of the teacher. (All utilities: gas, electricity, telephone, cable, internet, etc.)
f. For the first three months, the Employer will withhold a safety deposit of 100,000 Korean Won each month, for a total deposit of 300,000 Korean Won. This deposit is used to pay off utility and telephone charges unpaid at the resident, if any. After the employer clears all utilities and miscellaneous bills and conformation is received, the deposit (minus any remaining dues) is to be returned to the teacher. However, if the total remaining dues exceed the 300,000, the teacher is entirely responsible, and is to satisfy all debts with the employer and/or utility companies.
g. Any and all unpaid balances of services utilized while residing at the furnished apartment is the responsibility of the teacher.bills have been paid will be transferred to the teacher’s account back home two months after the termination of the contract.

Severance Payment
a. Upon completion of this one-year contract, the teacher will receive a severance payment of one month’s salary, as mandated by the Korean workers protection legislations. This payment will be made at the time of completion of the contract period and any and all income taxes are to be withheld.
b. The severance payment will be transferred to teacher’s bank account one month after the termination of the contract.

Dismissal or Voluntary Resignation
a. The employer reserves the right to dismiss the teacher from employment for the following causes:
①. Neglect or inability to perform his/her duties stipulated in this agreement
②. Frequent absences from work or late for work
③. Receiving two warning letters
④. Criminal behavior or misconduct according to Korean Law.
⑤ Failure to fulfill one’s duties or damaging the business operation of the school due to reasons of the teacher’s interests in employment elsewhere.
b. The employer agrees to give the employee the courtesy of 20 working days notice in the event of dismissal. However, in the case of a teacher’s criminal behavior, misconduct, or with any discretion thereof, he/she will be dismissed from employment immediately, without warning or notice. Overall, the employer reserves to right to dismiss an employee at anytime.
c. In the event the teacher resigns from employment, he/she can do so giving 90 working days notice to the employer.
d. If the teacher terminates the contract without a notice to the employer;

1) The teacher needs to pay 3 times of his/her monthly salary as a penalty. The penalty is subtracted from the teacher’s monthly salary, and he/she will pay the rest of the amount to the employer within a month as of the day of contract termination.

If the payment is delayed, the teacher will be charged 36% of annual interest as of the day of contract termination.

2) The teacher will compensate for the additional damage of GWAN-AK xxxx. (ex. reduced the number of students etc.)

If the teacher’s students quit xxxx due to the teacher’s irresponsible resignation, the teacher will compensate for 6 months of the lesson fees for each of the students. Employer will inform the amount to the teacher after 2 months of resignation, and the teacher will pay up the amount within a month. If the payment is delayed, the teacher will be charged 36% of annual interest as of the very day he/she is informed.


3)If the employee leaves not finishing 1 year contract because of the employee’s faults and personal reasons the employee has to refund the flight ticket(or Japan trip cost) which is provided for coming and the recruiting commission including the extra expenditure(visa processing fee) for inviting the employee.(About recruiting commission/this will cost about 1,000,000 Korean won(+ visa process fee /visa process refunding cost is different depending on the situation) will be deducted from the teacher’s last salary for the next teacher first and the rest of the salary will be transferred the teacher’s bank account) And the returning flight ticket will not be provided and the employee has the duty to work till the new substitute teacher starts as the employee’s replacement. (at least 2 months)

Governing Law & Jurisdiction
a. This Agreement is governed under the laws of the Republic of Korea and any breach of this contract, of any form, may result in prosecution through the legal system in the Republic of Korea.
b. This Agreement is made final and firm unless any material modification or amendment to this Agreement is executed with the full knowledge and consent of the undersigned and incorporated into this Agreement.
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