Korean Job Discussion Forums

[lifeinkorea]

[TheUrbanMyth]

[lifeinkorea]

[jack_b57]

This is for a camp. The things I omitted are in brackets. [] Sorry that the formatting is not good.


POSITION: English Instructor
EMPLOYER

1. Name of the school
[SCHOOL]

Hereafter to be referred to as the Employer.

INSTRUCTOR

1. Instructor’s name
[INSTRUCTOR]

Hereafter to be referred to as the Instructor.

The parties agree as follows:
[Page Break]TERM OF CONTRACT

This Agreement is entered into as the 1st of January, 2011 by and between [SCHOOL] and [INSTRUCTOR] ___________________________________.

CONDITION OF EMPLOYMENT

The Instructor will act in an appropriately professional manner and be responsible for conducting professional English Language classes at the English Camp and interact with the students at the designated assigned facility/location,[SCHOOL].

The Instructor shall arrive at the [NOTINSEOUL] Campus by [STARTDATE] and required to stay until [3 WEEKS LATER]
*It is mandatory to attend 2 days training sessions, and the absence due to any reason will result in deducting 100,000 won (50,000 won per day) from your salary.

The hours of work during camp will be from 9:00am – 8:30pm. There will be 1 hour lunch break and 1 hour dinner break in the abovementioned working hours. The Instructor should have lunch with his or her class and the Teacher Assistant.

The Instructor will have a day off every Saturday or Sunday, and it will be determined by the Employer.

The teaching hours do not exceed those stipulated above and do not exceed 40 hours per week.

The Employer shall ensure that there is sufficient time available within the daily stipulated working hours for the Instructor to complete all social interactions with students, co-teachers, administration, lesson planning, daily lesson report and teaching report, orientation, student counseling, parents meetings, training or any other work-related task.

In the event of the Instructor being unable to comply with duties related to administration, lesson planning, daily lesson report and teaching report, orientation, student counseling parents meetings, co-teachers, training or any other work-related task as a result of the Instructor’s failure to ensure sufficient and reasonable time for these actives within the daily stipulated working hours; the Instructor shall assume full responsibility; and shall subject the Instructor to penalty.

The management of the school reserves the right to carry out classroom observations of Employees in order to maintain quality control in the program.

i) Programs, classes and teaching hours are scheduled solely at the institute’s discretion.

j) The Instructor is required to participate in an orientation and Teachers’ Training on [DATE], prior to the first day of the English Camp.

k) The Instructor is required to participate in the opening ceremony on [DATE], and closing ceremony on [3 WEEKS LATER] and other activities within the working hours.

l) The Instructor shall familiarize her/himself with all materials and all schedules related to the camp. The Employer shall provide all teaching materials and equipment necessary for the Instructor to teach the courses of study. The Instructor shall faithfully teach and interact with the student at locations designated by the Employer pursuant to the terms of this agreement. In the event of the failure by the Employer to provide the necessary materials and equipment for the Instructor to teach the course, the Instructor shall not be liable nor subject to penalty.

SERVICES PROVIDED BY THE EMPLOYER

PAYMENT & TAX
The Employer will pay 3 week salary of 2,500,000 KRW for regularly scheduled hours which we mentioned above.

It is mandatory to attend training sessions. If missing, 100,000 won (50,000 won per day) will be deducted from the salary.

The Instructor will be paid on January 22, 2011 after the camp is over.

Income tax will be deducted from the salary according to the Korean tax law.
HOUSING
Employer will provide the university dormitory for the Instructor. The university dormitory is a furnished private room.

TERMINATION OF CONTRACT

The contract will be terminated automatically after the contract period.

TERMINATION OF CONTRACT
Both parties shall give a written notice at least 20 days prior to the terminating the contract. The date of terminating the contract shall not interfere with any classes during the term.
The Instructor must return all the items including textbooks that belong to [SCHOOL] within 2 days from the termination.



The Employer retains the right to terminate the contract immediately if:
The Instructor fails to perform or unsatisfactorily perform any of the duties stipulated in this contract
The Instructor being late for class on a continuous basis and continuous failure to keep regularly schedule class hours and repeated consecutive 3 days absences form classes without valid reason.
The Instructor teaches a private lesson without Director’s permission outside [SCHOOL].
The Instructor participates in any type of criminal activity of corruption of public morals which violates the laws of the Republic of Korea.

Dismissal Reasons & Process

The Teacher can be dismissed without prior notice for the following reasons:
Conducting class instruction under the influence of alcohol or illegal drugs.
Engaging in sexual misconduct or harassment involving staff or students.
Participating in any type of criminal or inappropriate activities or behaviors which violate the ROK law.
Practicing unacceptable corporal punishment in class.

The Instructor can be dismissed immediately for gross misconduct or for serious violation of these regulations.  If early termination is indicated, the Instructor may request a conference with the Coordinator before the final administrative decision is carried out; and the Teacher will be paid only for the number of day he or she has worked.

WARRANTIES & DUTIES OF THE INSTRUCTOR

The Instructor confirms that all statements made to the Employer are true and genuine.

The Instructor confirms that he or she has never been convicted in any jurisdiction of any crime. The Employer solemnly warrants that it is a legal, registered entity, not engaged in illicit or criminal activity in the Republic of Korea, and abides by the laws of the Republic of Korea, including statutory employment, immigration, tax and insurance requirements.

The Employer shall determine working hours and the Instructor shall confirm to the working hours. If there is any change that may take place in the scheduling, the Instructor must confirm the changes.

The Instructor shall be responsible for familiarizing him/herself with all materials and schedules relevant to the English teaching at the [SCHOOL]. The Instructor shall faithfully teach and interact with students at the locations designated by the Employer.

The Instructor shall be responsible for attending teacher-training workshops in the designated location at the [SCHOOL]

In the case that the Instructor who holds an E-2 Visa is staying in Korea, s/he must get the permission to change the Status of Workplace from the Employer and then must apply for permission at a local or district immigration office. The Instructor should have the record of the amendments on the back of your alien registration card and submit the copy of both sides of your alien registration card before the class begins.

The Instructor must cooperate with the management staff and the teaching assistants for a successful class. The Instructor agrees to follow the Employer’s policies and guidelines during the period of this agreement. In the case of violating the Employer’s Policies and guidelines, the penalty (which is attached) will be applied to the Instructor.

In the event of natural disaster or “act of god” including riot, disease or war, the instructor will get paid based on the following agreement

If a natural disaster occurs after 2 weeks since the camp starts, the instructor will get paid a full salary.
If a natural disaster occurs within 2nd week of the camp, the instructor will get paid only for the number of days he or she has worked.

LIQUIDATED DAMAGES

If the Instructor can’t teach his or her class due to personal reasons, the Instructor must notify the Employer (or the Coordinator) at least two days in advance (See the Appendix #1; Disadvantages & Penalty for details).

The Instructor shall not disclose any information relevant to the program(s), curriculum details, or the business operation of the program, without prior permission of Employer. Violation of this portion of the agreement may cause the Instructor to be liable for compensation to the Employer for all possible losses that the Employer may incur.

If the Instructor terminates the contract before the expiration date of that contract,[SCHOOL] can ask for compensation for the damage received, and she/he will forfeit any and all pay.

ADDITIONAL DUTIES

The Instructor is required to conduct himself/herself in a professional manner and to wear proper clothing for respective events.
Modest, professional attire and hairstyles must be maintained, and garish fads must be avoided. Appropriate footwear must be worn. No blue jeans, shorts, sneakers, casual printed t-shirts, mini-skirts, or sleeves tops may be worn.

The following forms of behavior will not be tolerated (See the Employer’s penalty for details):

Not following the schedules without the prior approval of the coordinator and/or Employer.
Conducting class instruction under the influence of alcohol or illegal drugs.
Displays of unprofessional language or behavior while interacting with students.

The Employer reserves the right to terminate this Agreement if the Instructor violates this contract or fails to conduct himself/herself in a professional manner.

CHOICE LANGUAGE

The official language of this Agreement is English. In the event that a Korean translation is required to satisfy Korean labor, employment or contract law, then the Employer shall be responsible for obtaining a Korean Translation. Failure by the Employer to translate this agreement into Korean will not render this contract null and void.

GOVERNING LAW & JURISDICTION

This contract is governed by the law of the Republic of Korea.

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

MISCELLANEOUS

Both parties have carefully read this Agreement and agreed to its terms in good faith. Both parties will also attempt to resolve any disputes which may arise due to the terms of the contract in a reasonable manner. Any dispute that cannot be resolved by the parties’ agreement will be resolved according to the Korean Law and conventions.

Both parties are duly aware of and agree to the contract and conditions as stated above.

Instructor Employer Representative

Name: Name : __

Signature: Signature:

Date: Date: __ _________


* Appendix#1, Disadvantage & Penalty

No.
Items
Disadvantage & Penalty


First
Second
1
In case you fail to come on the designated day
Deduct 1 day’s salary
 Null and void of contract
2
In case you don’t submit the required document (test sheet, student report card, portfolio, evaluation, etc.) by the due date

3
Absence without any notice

4
In case you inflict inappropriate corporal punishment on a student and use insulting words
Warning
Deduct 1 day’s salary
5
In case you incite Instructors to act collectively against [SCHOOL]
Null and void of contract

6
Using a cell phone during the class
Warning
Deduct one day’s salary
7
In case you refuse to follow coordinator’s directions
Warning
Deduct 2 days’ salary
* Third time: Null and void
8
Bringing alcohol into the dormitories (or to campus)
Deduct 1 day’s salary
Deduct 2 days’ salary
* Third time: Null and void
9
Smoking in front of students or parents
Deduct 1 day’s salary
Deduct 2 days’ salary
* Third time: Null and void
10
Employer will give you salary based on the allocation dates in case that the contract is broken by the Instructor’s fault.

11
Committing sexual harassment will not be tolerated in any cases.
In severe cases of sexual misconduct, we will make a police report. 

[stephorama]

Please let me know what you think of this. This school has some very positive comments on Dave's boards and other places. I already noticed the contract doesn't state that an a/c will be provided and that vacation isn't clearly spelled out. Suggestions on how I should word my requests for a/c and vacation dates being included in the contract?
Looking forward to your input.

Thanks!


I agree to abide by the conditions as set forth in this agreement and in the printed statements of School Policies, Staff Policies and School Philosophy under the guidance and the supervision of the director. I am fully aware that I am to be an example of cooperation and loyalty to the School and its mission.

I. DUTIES AND RESPONSIBILITIES
The Teacher's duties will consist of:

1. Primarily assuming the day-to-day teaching such and / or
subjects assigned by the Director. The teacher will teach approximately six and one-half hours per day, and class preparation is required. The teacher is also expected to help supervise students during daily free play times, video times and snack periods. (Teachers should expect to spend a minimum of eight and one half hours per day on campus. A portion of this time is break time and may be used for school or personal purposes; however, teachers may not leave the campus without permission during class hours.)

2. The Teacher will attend all meetings called by the Director, and all Special School Programs (Presentation, Speech Contest, Book Club Meeting, Faculty Dinner etc.), Teacher’s Meeting, required workshops, Parent-Teacher conferences, etc. Such functions are considered highly important in the Korean workplace.

3. The Teacher is required to be on campus twenty (20)minutes prior to the scheduled start of all school days and remain on campus at least five (5) minutes after the scheduled end of the school, unless assigned duties that require additional time.

4. The teacher will be required to report to at least 3 days prior to his or her first day of teaching. The teacher will be required to go through an orientation and training program. As part of the training, the teacher will be required to attend and observe classes as assigned by the director during orientation period. The teacher will not be paid for this time.

5. The teacher will dress and conduct himself/herself in an appropriately professional manner as outlined in the School Policy.

6. The teacher must be team players.

7. The Teacher embodies the "I Can Do It" attitude and helps boost the morale of fellow teachers.

8. The Director may from time to time, prescribe additional duties and responsibilities to the Teacher.

II. TERM OF EMPLOYMENT

The term of employment will be from March 1, 2011 to Feb. 28, 2012 unless further extended or sooner terminated as provided hereinafter.


III. COMPENSATION
1. The Teacher's salary will be 33,800,000 won during contract periods. (included severance pay)

2. The Teacher will be paid once a month at the end of the month (2,600,000 won).

3. The Teacher will have a 10% salary deducted from the monthly pay for each Leave-Without-Pay (LWOP) day that has been taken without having attained prior approval. LWOP leave is permitted only under extreme and unusual circumstance. Extreme and unusual circumstance includes, but not limited to, death or serious illness of self or immediate family member. Pre-approved Leave-Without-Pay deductions will be based upon the costs required to obtain a substitute teacher. If teacher is more than 10 minutes late without notification, one hour of pay may be deducted.

4. The Teacher's holidays and vacation periods will be in
accordance with the 2011-2012 School Calendar.

5. The school provides round-ticket. However, in the event the teacher fails to complete the full contract term, teacher agrees to reimburse Employer the cost of the said airfare. The school will provide the teacher a one-way ticket to Korea. The school will provide a one-way ticket to the U.S.A. after completion of the full contract term. This will not apply to employee already in residence in Korea at the time of hiring, unless the teacher needs to travel to an outside country for the express purpose of obtaining a work visa. In such case, the school provides the teacher a round-ticket (Japan only).

6. The teacher will be given a month salary (2,600,000won) as severance pay for completing the contract period. This amount will be paid at time of, and is dependent on completion of, successful completion of the full contract term. If for any reason, the instructor chooses to terminate the contract before the full completion of the contract period, no severance payment will be paid as per (Article 34 of the Korean Labor Law).

7. The school will provide expenses for housing (Single).
The school will provide certain furniture items for the teacher's apartment which will include but not necessarily be limited to mattress, refrigerator, gas stove, washer, video, table, chair and telephone. (The teacher is responsible for paying any applicable maintenance fees or utilities such as gas, water, electricity, TV, internet etc.)

8. The school will pay 50% of the premium for the teacher's National Pension. (Participation is mandatory according to Amendment #102 of the National Pension Law) However, if, for any reason, the teacher chooses to terminate the contract before the full completion of the contract period, the school will withhold from the teacher's last month's pay the amount equivalent to the pension previously provided to the teacher.

9. Tax: Income Tax is taxed at a variable rate, depending on your income. The more you earn, the higher your tax bracket.

IV. MEDICAL BENEFITS
The School will pay 50% of the premium for the teacher's National Health Insurance.

V. CHANGE OF TERMINATION
Extensions or changes in this agreement may only be considered and approved by the Director.

1. If, for any reason, the teacher chooses to terminate the contract before the full completion of the contract period, he/she must give the school a minimum of 60 days written notice. Other wise, this termination shall include specific financial terms. (One
Month’s salary to the financial obligations of School).

2. If, for any reason, the teacher chooses to terminate the contract before the full completion of the contract period, he/she will forfeit any accrued vacation pay and his/her severance pay and will be wholly responsible for any rent remaining for the duration of his/her housing lease. Teachers employed for less than twelve months at the time of departure will also forfeit all severance pay.

3. The teacher will work for the school only. Any other employment, including any type of private tutoring, is contrary to Korean Law and will be considered a breach of contract and employment will be terminated by the school.

4. The school retains the right to dismiss the teacher if the quality of teacher's work is deemed unsatisfactory by director's supervision at any time during the period of the contract.

5. Use of drugs, alcohol intoxication during work hours, criminal activity or corruption of public morals will result in immediate termination of the contract. No notice period will be given. Also the school will withdraw teacher's sponsorship of the teacher's legal alien status within the Republic of Korea and so inform the Immigration Office.


VI. LEGAL ACTION
If there is a dispute between the parties involved in this contract, parties agree to the final judgment of a Korean Civil court, or Korean Civil Law, whatever the final decision may be. If at anytime Employee leaves School without giving prior notice and without going through the appropriate procedures, Employer has the right to pursue legal actions, for damages and attorney fees, against Employee. If Employee has left Korea altogether, Employer has the right to pursue legal actions outside of Korea. If the above terms are satisfactory, and if you have read the attached documents, understand them, and agree to abide by them; please sign both copies of this contract and return them to us. One copy will be kept in your employment file and the other will be returned to you when completed.

[RMNC]

[RMNC]

[stephorama]

[lifeinkorea]

[leileaboo]

well thank you

[lifeinkorea]

For a GEPIK job, you should be more worried about location. Then compare the contract they want you to sign with the most recent one from GEPIK. Even if we comment on the contract you posted, you still need to compare the one you sign.

This is another reason for having a forum for just discussions on contracts. We could have the most recent GEPIK contract posted in one thread devoted to GEPIK, and this person wouldn't need to post the one they were sent unless they knew they were considering modified terms and wanted an opinion. This person probably doesn't know how standard the GEPIK contract is. The ironic thing is if they got this through a recruiter, the school probably took a GEPIK contract as a template but have a totally different schedule for their school from what is mentioned in the contract.

Why clutter this thread with either an updated contract from GEPIK, which no one will be able to change and GEPIK teachers are not going to just get up and leave Korea, or one that is outdated and pointless to sift through?

Sorry, not seeing the usefulness and effectiveness in throwing all contracts into one pot when they should really be addressed and addressed in the proper way.

[TheUrbanMyth]

[TheUrbanMyth]

[jack_b57]

[jack_b57]