Korean Job Discussion Forums

[ptssm221]

Hi, can I receive second opinions on this kindy/elementary hagwon contract, please? It seems okay but I'm not sure if I'm missing something. Thank you! Also, I will be speaking to a teacher there. Are there any questions I should ask? I know I should ask how long they've been there, about the school, staff, work environment, work load, etc. But not sure if I'm missing other important questions?
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I. EMPLOYMENT OF TEACHER

1. Within the parameters of Korean Labor Law, Employer hereby employs Teacher to teach ESL classes under the terms and conditions set forth here in this Agreement.
2. Within the parameters of Korean Labor Law, Teacher hereby accepts employment from Employer to teach ESL under the terms and conditions set forth here in this Agreement.

II. QUALIFICATIONS

Teacher must be judged qualified to teach and be able to submit all the necessary documents required by the hiring procedure of the Institute.

III. PLACE OF EMPLOYMENT

[Omitted]

IV. DUTIES OF TEACHER

1. During the term of this Agreement, Teacher will accept, obey, and strictly comply with the instructions, supervision, training and discipline of the Academic Supervisor. These duties will include instruction in any and all phases of the instructional program, administrative duties related to the classroom duties, lesson planning, making tests, writing progress reports, attendance at scheduled staff meetings and workshops and any other duties as may be assigned by the Academic Supervisor. Teacher will be required to participate in the Institute's activities such as parties or picnics. The Academic Supervisor is responsible for establishing the environment necessary for work and lecture. If school is closed of bad weather, contagious disease, or any other unexpected event, the school will inform teachers about the make up day.
2. Attendance at scheduled staff meetings, counseling for feedback, lesson planning, making tests, writing progress reports and workshop are not considered teaching hours.
3. Teacher’s training session before the first day of school is part of Teacher’s duty and extra pay is not given for it.
4. Teacher must inform Academic Supervisor of any necessary changes in classroom or hours.
5. In the event that Teacher must miss classes or be late with a reason which Employer finds acceptable,
6. Teacher must inform Employer at least 12 hours in advance to allow Employer to arrange substitutes.
7. Teacher should submit lesson plans to the Academic Supervisor regularly.
8. Teacher is not allowed to perform ESL instruction outside the designated classroom without prior approval from Employer.
9. Teacher must not make public, information that the Teacher obtains at the institute while working or after resigning.
10. Teacher shall not accept any outside employment whatsoever, without specific written permission from Employer.
11. At all times during the term of this Agreement, Teacher understands and agrees that Teacher will strictly adhere to and obey all laws, regulations, provisions, instructions and guidance from the Government of Korea or any local government of officials.
12. Teacher will be present at the place of employment and available to perform regular or special duties as specified herein above except for those days (which are Teacher's paid leave days, emergency leave days for Teacher as provided herein below and in case that Teacher is not able to attend the place of employment due to illness or accident).
13. For marketing purposes, the teacher’s profile (including name) may be placed on a brochure or Internet, etc.
14. Teacher is required to come to [school name omitted] 15 minutes prior to the first scheduled class.
15. Teachers will be observed by the supervisors every two months and will be given a feedback after each observation.
16. Teacher shall not use cell phones during class time.

V. COMPENSATION AND OTHER TREATMENT OF TEACHER

1. Salary
Employer will pay Teacher 2.5 million won, as compensation for all services rendered. Payment for employment will be calculated every month and be made in won.
This salary will be paid on the 10th day of every month. The Teacher’s salary begins upon first workday after arrival at [school name omitted]. According to the pertinent laws of the Republic of Korea, all applicable taxes, including, but not limited to, the Korean income tax, pension contributions, health insurance, shall be withheld each month from Teacher’s salary. The percentage of the taxes is fixed by the Korean law and the actual amount to be withheld is determined by Teacher’s salary. Employer is to pay these amounts to the proper government authorities.

2. Teaching hours
Monday, Wednesday, Friday,
9:30 – 2:30 (30 minutes of paid lunch break included),
2:30 – 6:30 (50 minutes of teaching and 10-minute break time)
Tuesday or Thursday,
9:30 – 2:30 (30 minutes of paid lunch break included),
2:30 – 4:00 (45 minutes of teaching and 5-minute break time)
*On either day of Tuesday or Thursday, the teacher will be given 90 minutes of class prep time from 2:30 - 4:00
**Students have 30 minutes of Gym, 30 minutes of Orff and 30 minutes of Musical English a week. You’ll not be teaching these three classes, however, you’ll stay in school and prepare for next teaching materials. Also, in the first month of the school year, the teacher will be asked to observe the gym, Orff, and the musical class.
***While the employer will endeavor to set a regular schedule for the employee, the employer reserves the right to change this schedule at any time without notice in order to fulfill staffing requirements.

3. Annual Paid Leave

Every year Teacher receives 15 weekdays of paid leave. However, the condition varies upon the number of working years in [school name omitted].

A. Teachers on their first year of contract:
i. All Teachers will receive 10 weekdays of paid leave which are scheduled according to school’s academic calendar.
ii. Teachers use 5 days of paid leave in school summer vacation and school winter vacation.
iii. If Korean National holidays are included within the vacation time, they will be counted as paid leave days.
iv. Apart from 10 days of paid leave in school vacation, Teachers on their first year of contract will be given cash payment equivalent to 5 working days. The cash payment of 5 days is in place of day off.
v. The payment will be made upon the completion of the first year contract.

B. Teachers on their second year of contract:
i. All Teachers will receive 10 weekdays of paid leave which are scheduled according to school’s academic calendar.
ii. Teachers use 5 days of paid leave in school summer vacation and school winter vacation.
iii. If Korean National holidays are included within the paid leave time, they will be counted as paid leave days.
iv. Apart from 10 days of paid leave in school vacation, Teachers on their second year of contract will receive another 5 days of paid leave on Teacher’s selected dates.
v. Teacher must discuss the dates with the supervisor and the dates must be approved by Employer.
vi. If Teacher decides not to take 5 days off, the cash payment equivalent to 5 days will be made upon the completion of the contracted year.




4. Paid Holidays
Teacher will observe holidays as prescribed in a yearly calendar by Korean law. Temporary national holiday such as Election Day or abruptly announced by the government is not counted as national holiday. For privately owned business, the final confirmation on such temporary national holiday falls upon Employers decision.

5. Housing
A. Teachers on school accommodation:
i. Employer will provide a private single person accommodation or shared apartment with private room free-of-charge to Teacher.
ii. Teacher will be provided with a closet, a bed, a gas stove, a refrigerator, and a washing machine.
iii. Costs for all utilities such as electricity, internet, heat, water, and etc. shall be borne by Teacher.
iv. Maintenance fee required by the landlord which is used to maintain the facility should be paid by Teacher.
v. In case of Teacher being assigned to an accommodation with more than 50,000won maintenance fee, the amount exceeding 50,000 won will be provided by Employer.
vi. Employer will deduct 250,000 won as deposit from the first salary as a compensation for any damage or loss by Teacher, and any unpaid utility fees or bills. The remainder of the deposit will be given to Teacher upon the completion of the contract.

B. Teachers on their own accommodation:
i. Employer will provide housing allowance (600,000 won) to aid Teacher with housing fee.
ii. The housing allowance (600,000 won) will be given on a day designated by Employer.
iii. The housing allowance is entitled welfare expense and therefore it will not be taxed and not included in the severance pay.
iv. Employer will not be held responsible for any cost of Teacher’s monthly service such as utility, internet or maintenance fee.

6. Transportation and Travel expenses

A. To commence the contract:
i. Employer will provide Teacher with a one-way economy class ticket to Korea from an international airport mutually agreed upon by Employer and Teacher. In the event that Teacher purchases the air ticket, the airfare will be reimbursed by Employer. For both cases, the maximum amount of airfare provided by [school name omitted] will be 900,000 won.
ii. In the case that Teacher is already in Korea and transferring the employment to [school name omitted], Employer will not provide the air ticket or airfare.

B. Upon completion of the contract:
i. Teacher will be paid 900,000 won in cash for the travel expense in place of air ticket regardless of the original point of the departure. Teacher may ask the school for assistance in searching for the air ticket, but Teacher cannot deputize school staff to make a purchase.
ii. If Employer and Teacher both agree to an extension of employment, the travel expense in cash (900,000 won) will be provided at the time of completion of the subsequent contract period(s).
iii. If Teacher willfully leaves the school or gets fired before his/her contract is over, the school will not be held responsible for return passage to Teacher’s point of departure.

7. Severance pay
Severance pay, equivalent to one-month salary, will be provided to Teacher upon completion of
the contract. If Employer and Teacher both agree to an extension of employment, the severance pay
will cumulate each year and be given upon completion of the subsequent contract period(s).
Severance pay will be paid by bank transfer no later than 15 days after Teacher has left the school.
Korean severance tax will be withheld.

8. Medical Insurance
Teacher will be covered by medical benefits under the Korean Medical Union (Government Health Organization). The cost of this insurance will be paid half by the Employer and half by Teacher. The percentage can be changed by Korean Law and the amount of Teacher’s salary.

9. National Pension Plan
In accordance with Korean Law all foreign workers employed by a Korean business shall pay into the Korean National Pension plan monthly upon employee’s salary. However, Teacher will pay only half, and Employer will pay the remainder.

10. Deposit
Employer will deduct 250,000 won as deposit from the first salary as a compensation for any damage or loss done by Employee on school owned property, and any unpaid utility fees or bills. The remainder of the deposit will be given to the Employee upon the completion of the contract.

VI. ABSENCE

1. In case of an absence, payment equivalent to one working day will be deducted from the 5-day-paid-leave payment stated in the contract term V. COMPENSATION AND OTHER TREATMENT OF TEACHER, no.3 Paid Leave.
2. In case of an absence for Teacher on the second year of the contract, the amount of the payment will be calculated on a pro rata basis for the absent day and be deducted from Teacher’s pay for that month.
3. Three times of being late will be considered one absence and therefore term #1 and #2 will go into effect.

VII. WARNINGS

When Teacher violates the contract or often fails to perform duties stipulated in this agreement, disciplinary action will done in the following order:
1. Verbal warning – The director or the supervisor(s) will give a verbal warning to correct the issue at hand.
2. Written warning – An official warning will be given by the director or the supervisor(s), and will be signed by both parties and kept on file.
3. Pay cut – Even after 3 consecutive written warning, the situation and the matter do not change, 10% salary pay cut of a month’s salary will be done.

VIII. DISMISSAL

Employer will have the right to dismiss Teacher for clear and frequent neglect of duties under this agreement. When appropriate, prior to any such dismissal, Teacher will be warned of dissatisfaction with performance and will be afforded at least twenty days in which to remedy the same. Criminal or other conduct inside or outside the place of employment that would at the discretion of the Academic Supervisor seriously jeopardize any student or staff person, or the reputation of Employer, will cause immediate dismissal and neither warning nor time for remedy will be given. In the event of dismissal, Employer will provide a letter of release to the teacher, as required by Korean Immigration.

IX. VOLUNTARY RESIGNATION

In the event that Teacher voluntarily resigns prior to the termination of the term of this Contract shall comply with the following:
1. Teacher shall give a notification 60 days in advance.
2. Final confirmation on the last date in school must be approved by both parties.
3. Employer will not sign the letter of release form currently required by the KOREAN IMMIGRATION OFFICE to allow the Teacher to work for another organization in Korea.
4. Teacher shall not receive return airfare to the point of original departure.
5. Teacher shall owe the following amount to Employer:
a. the original airfare fee
b. the original recruiting fee
c. the realtor fee
d. the accumulated house rental fee from the vacant house until the subsequent tenant is found
6. Employer may assess the loss done by such an act and charge such amount to Teacher.
7. The value of any extra benefits allowed by Employer beyond the contract requirements may also be assessed as a loss.

X. RENEWAL OF CONTRACT

1. Employer and Teacher may renew the contract for the period of one year.
2. Teacher shall notify Employer of the Teacher's intention of renewing the contract in writing at least 30 days prior to the termination date of contract.
3. Employer shall notify Teacher of their decision in writing at least 30 days prior to the termination date of contract.
4. Pay will be negotiated according to teacher’s accomplishment of his/her teaching year.

XI. TERMINATION OF CONTRACT

Employer reserves the right to terminate this contract for cause with written notification thirty days in advance and for serious cause without notice. In such a circumstance, Employer will provide teacher with letter of release
Penalties stipulated when:
1. Teacher is found to be in breach of contract.
2. Teacher is involved in a bad scandal that may tarnish the reputation of Employer.
3. Other circumstances for which Teacher is responsible make it undesirable for Employer to continue employment.
4. Unexcused absence occurs more than twice in a two month period.
5. Employer concludes that Teacher cannot perform class activities, or lacks the qualities necessary to be an effective teacher.
6. The documents submitted to Employer are proved to be counterfeited.

XII. EMPLOYER PROPERTY

Teacher must return the following items when the contract terminates:
1. All the things that Employer has rented or lent to Teacher.
2. All the money lent to Teacher.
3. Teaching materials.
4. Reference books owned by Employer.
5. Any other property owned by Employer.

XIII. COVENANTS

1. Teacher hereby agrees, covenants that Teacher will not undertake any teaching or employment with any people or organizations other than Employer without prior written approval. Failure to comply with this clause will cause immediate dismissal.
2. Teacher hereby agrees, covenants that at all times during the term of this agreement or subsequent to the termination of the agreement, Teacher will not use the name of Employer for business purpose.

XIV. INDEMNIFICATION CLAUSE

1. Teacher will indemnify and hold harmless Employer from any damages which Teacher may sustain, in any manner through the misconduct or negligence of Teacher.
2. Teacher will indemnify and hold harmless Employer and Employer's representatives from any damages which Teacher may sustain, in any manner, through the refusal by The Government of Korea to permit entry to the republic.
3. When Teacher terminates the contract unilaterally, without a reason which Employer finds acceptable, Teacher must compensate Employer for all the expenses in finding another Teacher. In that case, Teacher’s instruction fee will be automatically withheld.
4. Employer may assess the loss done by Teacher and charge such amount onto Teacher.

XV. GOVERNING LANGUAGE

This agreement has been drawn up and has been executed in the English language and the
English language text of this agreement will govern and prevail over any translation.

XVI. MERGER CLAUSE

This agreement constitutes the entire understanding between the parties with respect to the subject matter and supersedes all previous negotiations, commitments and writings with respect. This contract nullifies and voids any previous contract between the two parties.

XVII. GOVERNING LAW & JURISDICTION

This agreement will be interpreted according to the domestic laws of Korea. A competent court in Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement. Employer and Teacher have executed this agreement on the date indicated below. Intending to be legally bound and IN WITNESS WHEREOF, Employer and Teacher have appended their signatures.

[nicwr2002]

9:30 – 2:30 (30 minutes of paid lunch break included), By law you should get 1 hour.

iii. If Korean National holidays are included within the vacation time, they will be counted as paid leave days. That sucks...

i. Employer will provide a private single person accommodation or shared apartment with private room free-of-charge to Teacher. No, you should get your own room, don't let them put you in a shared apartment. You are not a college student.

vi. Employer will deduct 250,000 won as deposit from the first salary as a compensation for any damage or loss by Teacher, and any unpaid utility fees or bills. The remainder of the deposit will be given to Teacher upon the completion of the contract. This is illegal. It is illegal to have an indemnity clause.

Employer will provide Teacher with a one-way economy class ticket to Korea from an international airport mutually agreed upon by Employer and Teacher. In the event that Teacher purchases the air ticket, the airfare will be reimbursed by Employer. For both cases, the maximum amount of airfare provided by [school name omitted] will be 900,000 won.
ii. In the case that Teacher is already in Korea and transferring the employment to [school name omitted], Employer will not provide the air ticket or airfare. Do not pay for your own plane ticket....


In the event that Teacher voluntarily resigns prior to the termination of the term of this Contract shall comply with the following:
1. Teacher shall give a notification 60 days in advance. Legally you don't have to give any notice, but you don't want to burn bridges.
2. Final confirmation on the last date in school must be approved by both parties.
3. Employer will not sign the letter of release form currently required by the KOREAN IMMIGRATION OFFICE to allow the Teacher to work for another organization in Korea.
4. Teacher shall not receive return airfare to the point of original departure.
[color=yellow]5. Teacher shall owe the following amount to Employer:
a. the original airfare fee
b. the original recruiting fee
c. the realtor fee
d. the accumulated house rental fee from the vacant house until the subsequent tenant is found
6. Employer may assess the loss done by such an act and charge such amount to Teacher.
7. The value of any extra benefits allowed by Employer beyond the contract requirements may also be assessed as a loss. All are illegal.[/color]

[color=yellow]IV. INDEMNIFICATION CLAUSE

1. Teacher will indemnify and hold harmless Employer from any damages which Teacher may sustain, in any manner through the misconduct or negligence of Teacher.
2. Teacher will indemnify and hold harmless Employer and Employer's representatives from any damages which Teacher may sustain, in any manner, through the refusal by The Government of Korea to permit entry to the republic.
3. When Teacher terminates the contract unilaterally, without a reason which Employer finds acceptable, Teacher must compensate Employer for all the expenses in finding another Teacher. In that case, Teacher’s instruction fee will be automatically withheld.
4. Employer may assess the loss done by Teacher and charge such amount onto Teacher. [/color] Again, indemnity clauses are illegal.

[ptssm221]

[nicwr2002]

Other than those clauses, it looks pretty good. I doubt you'll run into those problem, but I'm kinda wondering why they list them twice.

[T-J]

The fact that there are illegal terms in the contract doesn’t make them binding.

Labor law always wins vs illegal contract terms.

You are not waiving your rights by agreeing to illegal terms in a contract.

That being said the fact that these terms are included by your perspective employer indicates what they will attempt iif these events arise and you will have to fight to retain your rights, keep your money.

If you think that the opportunity outweighs the risk then go for it but there are some ominous signs in this contract that this employer is out to screw you.

Best of luck!

[BigBuds]

I'd pass on this personally. Too many red flags with those illegal clauses.

It's like they are holding up a sign saying, "these are the way in which we are going to attempt to screw you".