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



Joined: 15 Oct 2012
Location: Chicago, United States

PostPosted: Fri Nov 09, 2012 7:11 pm    Post subject: Reply with quote

Alright this is my first offer, and my first experience teaching abroad.
Please let me know if there's anything I should know, given that I am trying to get an asap position and I'm not going to be picky about where I wind up.

Should I take this job or not?






This EMPLOYMENT AGREEMENT (Hereinafter referred to as contract) has been made by and between Oedae Language School (Hereinafter referred to as Oedae) having its office at sungmin BL 3rd floor 1250-19 Igok dong Dalseo gu Daegu, Korea (Hereinafter referred to as "employer"); and (), a citizen of (Ireland) whose address is ( Alen Romero ). (Hereinafter referred to as "employee"or"teacher").

Tel: ____________________________________

Employer and Employee agree as follows;



1. Employment of Employee

The employer wants to employ an English teacher and the employee agrees to work for the employer as an English teacher at Oedae Academy in Daegu, Korea





2. Period of Employment

a. The period of this contract is one year beginning from the date of the employee's first working day ( end of November, 2012 ) at Oedae in Korea.

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





3. The Employer's Responsibilities

a. The employer and teacher are equal individuals 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 for the teacher as stated within this contract.

c. The employer will guarantee the teacher a monthly salary of 2.1million won in consideration of the teacher's teaching hours and proper preparation for the classes.





4. The Teacher's Responsibilities and Duties

a. During the term of this agreement, the teacher must cooperate and comply with the instructions and disciplines of the school. Assisting the supervisor he/she must carry out assignments as directed by the employer. The supervisor will be responsible for establishing and communicating the Standards of performance as related to the duties stated in this contract.

b. The teacher must have adequately prepared for the classes in advance.

c. Professional dress and grooming in the work place are essential to maintaining the desired reputation. The Employer is charged with establishing guidelines for professional dress.

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

e. The teacher's work will include the following:

① Teaching of English language

② Development of educational programs and materials

③ Curriculum design and implementation

④ Grading and assessment of students

⑤ Student counseling or evaluation

⑥ Indoor and outdoor classroom activities for/with students

⑦ Attending meetings, school events, training workshops. (This could be on Saturday. Approximately once a month)

⑧ Abiding by the rules and regulations of Oedae

⑨ Conducting one's self in a professional manner

⑩ An accurate attendance and performance of the student.

⑪ Instructors must have the Oedae's TTP (Teacher Training Program) which takes several days to complete. It must be noted that there is no financial reward for all TTP.

⑫ Teaching according to the prescribed methodologies.





5. Orientation Period

Orientation and Training: Shortly after arrival in Korea, employee will be required to undertake orientation and training before commencing teaching. The period of training and orientation will usually be one week but employer reserves the right to reduce this period in cases where employee arrives in Korea less than one week before the commencement of a scheduled teaching session.

Employee shall be entitled to one time only orientation allowance of 50,000 Korean Won, when he/she first arrives in Korea and this allowance will cover the hours for class observation and orientations



6. Working Hours

a. During the term of this Agreement, Monday through Friday is teaching days except for scheduled public holidays and vacation days.

b. The teacher agrees to teach upon 25 teaching hours a week. One class lasts 40 minutes, so the teacher teaches 37 classes a week.

c. The employer cannot guarantee his/her requested teaching schedule.

d. The regular hours are from 2:30p.m to 10:00p.m for whole year except the period of winter and summer public school vacation. During the vacation, the schedule can be flexible, we usually have about 4 classes in the morning time.





7. Salary and Overtime Rate

a. The Teacher will be paid 2,100,000Won per month. The weekly teaching hours will be twenty five(25) hours per week.

b. If the monthly teaching hours exceed 100 hours, the employee will be paid an additional 20,000 per each teaching hour.

c. Preparing for assigned classes, attending the scheduled staff meetings or workshops is mandatory, but they are not considered as teaching hours.

d. Monthly salary payments will be made on the 6th of each month following the month during which the employment services were provided.

e. When employee misses a class because of personal reasons, 20,000 Won per teaching hour missed will be reduced from salary.

f. Teaching salary will commence from the first day of teaching.





8. Severance Payment

a. Upon completion of this one-year contract, the teacher will receive one-month salary of 2.1Million won as a severance payment in accordance with Korean Labor Laws.

b. This payment will be made at the time of completion of the contract period.





9. Transportation



a. Employer shall purchase an economy class a single ticket from _________ to Korea for employee. In the event, the employee completes a full year contract the employer shall purchase an economy class a single ticket from Korea to the employee’s hometown in . Employee with receive a return airplane ticket or 700,000 won in cash upon the termination of the contract.



b. For a dismissal or voluntary resignation within the first 6 months of this contract period, the 50 % of airfare to Korea will be reimbursed to the school by the instructor and will be deducted from the Employee’s last month salary.





10. Housing

a. Employer will provide the teacher with furnished living accommodations. This will consist of single studio apartment.

b. Furnishings being provide by the employer include: television, refrigerator, washing machine, bed, kitchen table, chairs, and two-burner gas hot plate and a cell phone.

c. Selection of the apartment will be made by the employer.

d. The cost of monthly service, and utilities : cell phone, gas, water, heating, electric city for the accommodations will be paid by the teacher.

In the case of a shared apartment, the cost will be shared by the roommates.

e. Employee has to maintain the accommodation as it was when originally provided to employee.

f. Employee has to maintain the living accommodations clean for the next residents.





11. Holidays and Vacation



a. The Employee will have 10 days paid vacation including summer and winter school vacations duration the contract, plus public holidays.

b. Absence from Duties: Salary is not maintained when employee is absent from teaching duties.

c. In case that the Employee submits a medical certification from the hospital designated by Employer, the Employee is allowed to get a maximum of 3 paid sick day.





12. Medical Insurance/Pension

a. Employee will be covered by medical benefits under National health Insurance. .

b. Half of the insurance premium will be paid by the Employer and the other half by the teacher.

C. Half of the pension premium will be paid by the Employer and the other half by the teacher



13. Accident Compensation

In the event that employee sustains injuries from an accident or mishap which occurs outside the course of normal work duties; employee understands and agrees that employer will have no responsibility for, nor obligation to pay, medical and hospital costs which are in excess of those covered by medical insurance.





14. Tax

Income tax, severance payment taxes, and Korean National Pension Scheme deductions will be withheld from the salary in accordance with Korean tax law at the rate of 4%.





15. Dismissals or Voluntary Resignation

a. Employer will have the right to dismiss employee from employment for the

following causes:

Unwillingness or inability to perform his/her duties stipulated in this
agreement

② Frequent absences from work

③ Receiving two warning letters

④ Criminal behavior or misconduct

⑤ Teaching any private classes outside of the Oedae Language School

⑥ Breaking the working code or covenants

b. The employer agrees to give the employee 20 working days notice in the event of dismissal. However, in the case of a teacher's criminal behavior or misconduct, he/she will be dismissed from employment immediately with no warning or notice.

c. In the event the teacher resigns from employment, he/she has to give 25 working days notice to the employer.

d. In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term or this agreement, employer will pay salary due up to the date of termination.

e. If the teacher leaves the school prior to completing the full contract period for any reason, the employer shall not be obligated to pay reimbursement costs for the round-trip ticket purchased by employee from point of hire.

f. If the teacher does not complete the 12 month-contract, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of the airfare given on arrival in Korea, nor will employer pay any severance payment.





16. Covenants

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

b. The employee understands and accepts that the rights to use, sale, distribution, or publication of all original material produced by the employee during the course of employee's employment, and for which the employee is compensated as either regular pay, as overtime, or in an agreed-upon lump sum, remain the sole property of employer.





17. Jurisdiction

This agreement will be interpreted according to the internal (domestic) laws of the Republic of Korea. A competent court in the Republic of Korea will have jurisdiction in regard to any dispute or claim arising out of, or in connection with, this agreement.





18. Others

a. This contract states only basic regulations of working conditions and each clause should be recognized as a general rule. Thus, employee should follow the conditions of all items according to the attached regulations. The attached regulations may vary according to each situation.

b. While working at school, employee should behave according to Korean courtesy and culture and should try to maintain an open and positive attitude.



Employer and employee have executed this agreement on the date indicated below. Intending to be legally bound to, and in witness of, employer and employee have appended their signatures.





Employer Employee



Cathy Kim_______ __________ __________
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YTMND



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

PostPosted: Sat Nov 10, 2012 12:33 am    Post subject: Reply with quote

First, remove all personal info (names, addresses, phone numbers, etc...). If it is a well known school then their name can be mentioned since we can probably figure it out by the contract terms.

Quote:
⑪ Instructors must have the Oedae's TTP (Teacher Training Program) which takes several days to complete. It must be noted that there is no financial reward for all TTP.


Find out exactly how many days it is. 3 days or so without pay would be fine in my opinion, but if they are going to make you do a whole week or more, then they should compensate something or there should be something else that makes your job easier (like scheduling flexibility).

Quote:
Employee shall be entitled to one time only orientation allowance of 50,000 Korean Won, when he/she first arrives in Korea and this allowance will cover the hours for class observation and orientations


Now they are saying you get 50,000. This is a little confusing. I would ask them how these two relate. What is the program and what is the orientation? If you finish the orientation, do you not also get the teacher training? When is the teacher training?

Normally, they are one in the same. Ask to clarify.

Quote:
a. Employer will provide the teacher with furnished living accommodations. This will consist of single studio apartment.

Quote:
In the case of a shared apartment, the cost will be shared by the roommates.


So, which is it? Will you get your own place or will it be shared? Ask to clarify the second vague part of the contract. This one is bigger in my opinion.

Quote:
f. If the teacher does not complete the 12 month-contract, employer will be entitled to withhold an amount less than or equivalent to, but not exceeding, the cost of the airfare given on arrival in Korea, nor will employer pay any severance payment.


Usually, the airfare is not withheld if you work 6 months. This is the first downer of the contract. If they can change this to "before 6 months of employment", then I would sign it based on the contract so far and if I could get my own place without sharing.

To clarify the above, normally good schools will not take airfare or recruiting costs from you if you leave after 6 months of employment. Recruiter costs shouldn't be taken out at all in my opinion, but I have heard about schools trying to do this. In your case, only the airfare is the issue. If you work after 6 months and choose to end the contract, I don't think they should take the airfare money out. There is no labor law to protect you, so it is your choice.

If you plan on staying in Korea, then it might not be a problem. Otherwise, you will have to pay for airfare twice. It's your decision.
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Patrick Murray



Joined: 01 Nov 2012

PostPosted: Tue Nov 13, 2012 10:31 am    Post subject: Contract for position in GUMI (north of daegu) Reply with quote

Debating this position here... any advice, warnings, feedback is highly appreciated.

I really like the 2-9 schedule, the pay is 2.1M won (this will be my first year)

Ive been holding out for positions in Seoul/Busan but I am ready now to accept elsewhere, gain experience first then make the move to Seoul/Busan.






EMPLOYMENT CONTRACT

=INSTRUCTOR

-Name:

-Nationality

-Date of birth(m/d/y):

-Tel: Home ( )//Cell( )

-Passport number:

1.INTRODUCTION;

This is a contract between Patrick Murray (hereinafter called `the instructor') and XXXXX (hereinafter called `the institute' or `the school' ). The instructor agrees to teach students at the institute at the times designated by the institute management, and agrees to develop and present educational programs for the students. The instructor agrees to follow and strictly comply with the School's policies and guidelines during the period of this contract.

2. CONTRACT DURATION:

2.1:This contract will be valid for a period of 12 months from the date the instructor will actually start teaching the institute’s students.

2.2: If the instructor wishes to renew this contract, he or she must inform the School of it two months prior to its expiry date, and the contract may, if both parties agree, be renewed for another one year by mutual agreement.

3. RESPONSIBILITIES OF THE INSTRUCTOR:

3.1:The instructor's working time is from 2:00pm to 9:00pm and it shall be determined by the School's schedule. The teaching schedule can be changed according to School’s schedule.

3.2 The instructor is responsible for familiarizing him or herself with all institute materials relevant to teaching at the institute. The instructor shall faithfully teach and train students at the institute..

4.THE INSTRUCTOR’S SALARY AND SEVERANCE PAY

4.1: The instructor’s monthly salary shall be 2,100,000 won. This compensation is in exchange for teaching an average of six(6) hours a day, five(5) days per week(Mon. to Fri.)

4.2: On completion of the instructor’s responsibilities of the full contract period, the severance pay 2,100,000 won equivalent to the monthly salary will be paid to the instructor. It will be paid only at the completion of the contract.

4.3: If the instructor teaches, by mutual agreement of the instructor and the institute, additional teaching hours over and above 30 hours per week, overtime compensation at 20,000 Won/hour shall be paid for those hours.

4.4: The instructor's salary will be paid monthly on the regular day for payment of instructor's salaries.

5. AIR FARE SUPPORT:

The instructor's airfare(one-way economy class) of a flight to Korea will be paid by the school. The airfare of a return flight to the instructor’s home country shall be paid by the school upon completion of the 12 month contractual teaching period. But the air fare of the return flight will not be provided if the instructor leaves the school prior to completion of the 12 month contract period.

6. HOUSING:

6.1:The institute will provide a private single person accommodation free-of-charge to the instructor

6.2: The instructor's apartment furnishings shall include: basic cooking utensils such as pots pans and dishes; a stove; a refrigerator; a bed with clean linen; a washing machine; and a closet, heater, table and chairs, and an air conditioner.

6.3: Costs for all utilities, including lighting, heat, and water, shall be borne by the instructor.

6.4:The institute withhold 300,000 won from the instructor's salary as a deposit. It is usually withheld in two monthly installments deducted from the instructor’s salary. The deposit is supposed to cover unpaid bills, damaged facilities or furnishings at the end of the contract. If the instructor pays all the bills and doesn't damage anything in his or her apartment, it will be given back to him or her.

6.5:The instructor will pay about 30,000won every month for the apartment maintenance fee which is used for cleaning the building stairways and other public places.

7. VACATION :

The instructor shall enjoy 10 days of paid vacation (in addition to all Korean
national holidays, Saturdays, and Sundays). The paid vacation will be usually 5 days for summer and 5 days for winter. But the vacation schedule can be changed by school’s plan. Documented sick leave and emergency leave will be paid for a combined total of 3 working days a year. The instructor should provide the institute with a notice in advance. The instructor should submit a doctor’s prescription to the school for approving sick leaves. Unused sick leave may not be converted into any cash payment. If it is found that the hours/days of absence reported as sick leave or emergency leave were not in fact for such purposes, related costs shall be deducted from the following months pay.

8. INCOME TAX:

About 3.3% of the instructor's salary shall be deducted every month by the institute as withholding tax as provided by Korean law.

9. KOREAN HEALTH INSURANCE:

The instructor will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. The cost of this coverage will be borne half by the institute and half by the instructor. The instructor's share of this coverage will be deducted from his or her monthly salary.

10. DUTY OF SECRECY:

10.1:The instructor must not disclose any of the contents of this contract, including salary, to a third party (including other employees of the school)

10.2: The instructor must not disclose any information relating to the contents of lecturers and business operation of the School without prior permission of the School. The violation of this portion of the contract will cause the instructor to be responsible to compensate the School for all possible losses suffered by the School.

11.THE INSTRUCTOR’S ADDITIONAL DUTIES

11.1: The instructor is required to conduct himself or herself in a professional manner and to wear neat attire while at the institute. Casual clothing is also acceptable, provided that it is neat and clean.

11.2:The following forms of behavior will not be permitted.

(1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute..

(2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.

(3) Making sexual advances towards, or entering into relationships with students or other employees of the School.

11.3:The institute shall have the right to terminate this contract if the instructor violates the contract or fails to conduct himself or herself in a professional manner. At least one month termination written notice must be given to the instructor in such case. In this case, the institute has no duty to give the severance pay bonus and return airfare to the instructor.

11.4:If the instructor wishes to voluntarily resign from employment before the completion of this contract the instructor must provide a written notice to the institute at least 6 weeks before the resignation

11.5:The instructor cannot work for other schools or companies without the consent of the school.

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

=INSTITUTE

-Address:

-Director’s name:

-Director’s signature:

-Date:(m/d/y)

=INSTRUCTOR

-Address:

-Name:

-Signature

-Date:Sadm/d/y)

Above signatures confirm that both parties have read and understood the terms and conditions of this contract and agree to be bound by them.
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YTMND



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

PostPosted: Tue Nov 13, 2012 4:00 pm    Post subject: Reply with quote

Quote:
6.4:The institute withhold 300,000 won from the instructor's salary as a deposit. It is usually withheld in two monthly installments deducted from the instructor’s salary.


It's unclear if they mean 300,000 is the total (150,000) twice or 300,000 twice (600,000 total). Ask and clarify. Some schools take out 600 or more, so taking only 150,000 seems like a possible misinterpretation.

I don't know the location of the school, so I can't comment on the "elsewhere" part.
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Patrick Murray



Joined: 01 Nov 2012

PostPosted: Tue Nov 13, 2012 4:01 pm    Post subject: Reply with quote

Good point.. will do

other than that???? is this a typical contract?

Langcon school in Gumi

thanks for looking.......
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YTMND



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

PostPosted: Wed Nov 14, 2012 1:06 am    Post subject: Reply with quote

Quote:
other than that???? is this a typical contract?


Location would be a problem for me, but that's a personal choice.

The contract is fair and you probably won't be able to negotiate a higher salary. It might be best to take it and then negotiate a departure later if and when you can get a more desirable location.
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Patrick Murray



Joined: 01 Nov 2012

PostPosted: Wed Nov 14, 2012 6:27 am    Post subject: Reply with quote

yeah... thats pretty much my game plan as of now

ive been holding out for busan and seoul for 4-5 months now

gonna gain a year experience in a school like this, then make the move




thanks for the feedback
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ddwright77



Joined: 08 Oct 2012

PostPosted: Thu Nov 15, 2012 8:55 am    Post subject: hello Reply with quote

hi

Last edited by ddwright77 on Thu Nov 15, 2012 6:05 pm; edited 26 times in total
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TheUrbanMyth



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

PostPosted: Thu Nov 15, 2012 4:34 pm    Post subject: Re: FIRST CONTRACT PLZ HELP REVIEW! Reply with quote

ddwright77 wrote:
KID’S COLLEGE
Employment Agreement

1. INTRODUCTION:

This Agreement is made between , herein referred to as "Employee," and KID’S COLLEGE Geo-Je , herein referred to as "Employer,” whose principle place of business is located at, 1166-14 Obi-lee Yuncho myun, Geo-Je si, Kyung-nam, South Korea.

First off REMOVE the name of the school. This is for your own protection. Many bosses/recruiters DO read Dave's and get angry if they see their contract/school trashed on here.


Employer:__Lee, Jae Lim_ KID’S COLLEGE Geo-Je See above...again no names either of the school or the employer


Employee Name:


Date of Birth:


Nationality:


Address: ______________________________________


_______________________________________________


Telephone #: _______________________________________________


E-mail address: _______________________________________________


Passport #: _______________________________________________


Position: English Conversation Teacher (or Instructor)


Period of Employment: One year
(Upon mutual agreement may be extended to 2 years)


From: March 1st, 2013 to February 28th , 2014




• In consideration of the mutual promises and agreement herein contained, KID’S COLLEGE Geo-Je (hereafter referred to as the “Employer”) employs ______________________________ (hereafter referred to as the “Employee”). The Employee agrees to work for the Employer under the following terms hereby agreed to by both parties.

• The services to be performed, by the Employee will be that of a conversational English Language Teacher (or Instructor).

• The Employee will commence his/her employment on_ 3/1/2013 . The employment will continue to _ 2/28/2014 unless terminated sooner as provided herein, and for such further period as provided for herein, subject to the following conditions.

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

After six months they MUST give notice or pay a month's wage in lieu thereof.

• If the Employee seeks release from this contract, he/she must do so in writing at least ninety (90) days prior to the date of termination. Extenuating circumstances, which might require termination of employment without prior notice, will be handled on a case-by-case basis.

So they can terminate this immediately (see above) but you have to give 90 days notice? No. 30 days for each party is fine.

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

• The Employer may terminate this agreement at any time because of the Employer's dissatisfaction over, violation of instructions or rules of the Institute, or failure of Employee to comply with any one of the conditions contained herein.

• The Employer may terminate this agreement if the services rendered by Employee are not satisfactory to the Employer, and the Employer will be the sole judge of such satisfaction.

So if he doesn't like you he can fire you? Fine but it had better be handled as Korean Labor Law mandates.

Services considered include, though are not limited to, adequate class preparation, the effective presentation of class lessons and the ability to work professionally with other staff members and supervisors.

IV. The Employer agrees:

• Compensation will be paid monthly by the Employer. Any errors in compensation must be reported by written notice within one week of receipt of compensation.

• Employees will be paid 2,200,000 won per month for Teaching schedule A.
• Kindergarten: classes happen on Mon through Fri, between 9:30 am and 2:30 pm.
• Elementary : classes are held on From Mon to Fri, between 2:40 pm and 6:00 pm.
• Kindergarten II: classes are held on From Mon to Fri, between 2:40 pm and 6:00 pm.
• Empty class on From Mon to Fri between 9:00 am and 6:30 pm. (homework check or examination paper preparation, and prepare the materials for tomorrow’s classes.)

Long hours. 9:00-6:30. That's 9 1/2 per day which is 1 1/2 hours longer than at a public schools and 2-3 hours longer than another hakwon which teaches elementary/middle school students.


• The duration of a class is 40 or 50 minutes with kindergarten and elementary. There is a 10 or 5-minutes break between each class. Lunch break runs from 11:50 to 12:50 pm. Teachers are not paid for this time.

• Notwithstanding section B & C, if the Employee misses his/her work, then a deduction will be made to the salary corresponding to the time the Employee has missed.

Possibly illegal under labor law (depending on the amount of deduction)

• The employee will have pay his or her Income Tax, and half of their medical insurance and pension.

Amounts should be written in (altogether it should be roughly around 9-10% of salary (pension, tax, medical insurance, residence tax)

• The Employer will assign classes based on teacher performance, professionalism and attendance record. The assignment of classes and substitute teaching assignments is the sole prerogative of the Employer and is necessary to the effective operation of the institute. Acceptance of these assignments by the Employee is mandatory.

• For summer camp and winter camp: Not all teachers will attend summer or winter camp. The Employer will select those teachers required to attend.

• In the event that a summer or winter camp is not conducted, an overnight party (or after hour party) will be scheduled in its place. The Employer will select those teachers required to attend.

• The employer agrees to provide airfare from and to employee’s home country. Airfare from home country will be purchased by the employer. Return airfare will be provided upon successful completion of a one year contract.

• Upon the successful completion of a one-year contract, the Employee will receive severance pay. Severance pay will be equal to an average of the last three months’ salary. (However, 3.3% of Korean taxes will be deducted)

[b] Except that the tax isn't 3.3%...it should be lower.


• After 30 to 45 days in Korea, the Employer agrees to provide the Employee with medical insurance. This delay is caused by the processing time involved in obtaining Korean medical insurance. The Employee will be responsible for the cost of his or her own medical treatment until insurance is issued. The employer is required to subscribe to the Medical Insurance/Pension plan. Medical Insurance/Pension is split 50/50 by the employee and employer. Dental and eye care coverage is not included. Furthermore, life insurance coverage is not included. Taxes will be deducted from the employer’s income in accordance to Korea law. Monthly pay is taxed, and the taxes will be deducted as income tax and residence tax on a Monthly basis.

• The Employer agrees to provide three sick-leave days to Employees each year. On the first three days on which an Employee misses work he or she will be paid in full for that day, with the following conditions. The Employee must notify his or her supervisor either the night before the absence, or as early as possible on the morning of the absence. The Employee must also present a doctor's note to his or her supervisor on the day on which he or she returns to work. Unused sick days may not be used as vacation days. Should the Employee be absent for five consecutive days without a valid reason, his or her contract may be terminated.

• Employees, on occasion, request an emergency leave in order to attend to urgent matters in their home country. Since there are no substitute teachers available, the extended absence of Employees creates a serious problem for this institute. Additionally, when requests for leaves coincide with holidays observed by the Employer, such as Christmas, the potential for abuse, in order to extend existing vacation days, compounds the seriousness of the situation. Therefore, any Employee requesting a leave of absence during his or her contract will be subject to a 30 percent deduction from his/her severance pay. Should a leave request coincide with a holiday on which KID’S COLLEGE does not hold classes, the percentage of this deduction will be raised to 50 percent.

This makes no sense...if they don't hold classes why should the deduction be raised? And withholding it from severance pay?

• The Employer will provide housing for all Employees. (See attached housing contract) If, at the time the Employee is hired by the Employer, all company apartments are occupied the Employee may either ask the Employer to provide an apartment or the Employee may arrange his or her own housing. Employees who choose to provide their own accommodations will be given a 300,000 won monthly housing allowance. If, at the time the Employee is hired by the Employer, company housing is available, the Employee is required to live in the company’s apartment.

• If Employees wish to take advantage of the housing provided by the Employer, the housing contract must be signed before arrival in Korea. Employees who initially choose to provide their own housing and later elect to take advantage of company housing will be accommodated only as housing becomes available.

• Whenever possible, Employees be provided with an orientation period. This is generally the Employee’s first working day, on which the Employee meets with experienced Employees, observes classes and becomes familiar with KID’S COLLEGE Geo-Je teaching techniques and activities. On this day, or for the period designated by the Employer as the training period, during which time the Employee will not be asked to conduct classes, the Employee will not be paid for the period of training.
• Vacation:

• Summer Vacation : 5 days
• Winter Vacation :. 5 days
• Make up class : Summer –2 Saturdays / Winter –2 Saturdays (10:00~14:30 (It is tentative subject to various matters.))




V. The Employee agrees:

• To teach any group assigned by the Employer and to participate in special activities (such as summer & winter camps or field trips and/or an overnight party) as required by the Employer.

• To prepare for his/her classes on his/her own time. Class preparation must include researching and producing teaching materials, on time submission of lesson plans, tracking reports, progress reports and semi-annual teaching method reports. Failure to submit these items on 3 occasions will be subject to a 30 percent deduction from the Employee's severance pay. Three late submissions of any of these items will count as 1 non-submission.

When, where and format of these materials need to be stated. Also frequency. This looks like a LOT of unnecessary work. Lesson plans okay. Tracking and progress reports though? On each student? Every day? And what is this "teaching method report stuff"? Lots and lots of paperwork (which will be tossed in the trash anyway.) The typical hakwon owner is not going to keep that on file.

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

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

• To use the teaching materials supplied and recommended by the Employer. The Employee is encouraged to supplement these materials with other materials, but must obtain prior approval from the Employer. All books, tools, craft supplies or other materials issued by the Employer remain the property of the Employer and any must be returned to KID’S COLLEGE Geo-Je when no longer required to conduct class.

• To perform his/her duties in a professional manner and refrain from conduct which could damage the reputation of the Institute, including, but not limited to: conducting class while smoking or under the influence of alcohol or illegal drugs: making sexual advances towards or entering into sexual relationship with students or employees of the Institute; conducting any business or accepting any funds without the express written consent of the Institute; and borrowing or lending of funds or selling items to students.

• To reimburse the full cost of the plane ticket to Korea to the Employer, if the Employee terminates his/her contract within 6 months of commencing date of his/her contract.

• To reimburse half of the cost of the plane ticket to home country to the Employer, if the Employee terminates his/her contract after 6 months but within 12 months of commencing date of his/her contract.

• To reimburse any recruiting fees paid by employer to obtain employee to the Employer if contract is terminated within 90 days of termination notice.

Recruiting fees are an issue between the recruiter and the director and should be none of your concern. Strike clause.

• Private teaching outside of KID’S COLLEGE Geo-Je is prohibited without the written approval from the Employer. If the Employee desires additional employment, such interest must be expressed in writing to Employer. Upon receipt of such request, the Employer may, at its sole discretion, allow additional employment. Any and all exceptions to this provision must be made by written consent of the Employer.


• Extremely short or revealing attire is prohibited. The dress code at Geo-je Kids College is business casual. Employees are required to dress formally for special events such as Graduation, Entrance Ceremonies, and parent-teacher’s meeting. Male Employees will wear a dress shirt, tie and slacks. Female Employees will wear a dress, a skirt or slacks and an appropriate top.
• If the Employee wishes to drive in Korea, an international driver's license is required. The Employee will take full responsibility for any cost of acquiring a vehicle, the maintenance of such vehicle, any insurance/fees of such vehicle, and will hold the Employer free from any harm and/or responsibility of and from such vehicle.

• The Employee accepts liability for any damages that arise from the conduct of Employee.

• The Employee will not at any time or in any manner, either directly of indirectly, divulge or disclose to any person, firm or corporation in any manner whatsoever any information concerning any matters affecting or relating to the business of the Employer, including without limiting the generality of the foregoing, any of its customers, the prices it obtains or has obtained from the sale of, or at which it sells or has sold, its products or services, or any other information concerning the business of the Employer, its manner of operation, its plans, processes, or other data without regard to whether all of the foregoing matters will be deemed confidential, material, or important, the parties hereto stipulating that as between them, the same are important, material, and confidential and gravely affect the effective and successful conduct of the business of the Employer, and the Employer's good will and that any breach of the terms of this paragraph will be a material breach of this Agreement.

Which would include posting this contract...although not to worry unless they are reading this.

VI. It is further agreed between the parties that:

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

Nah. It's pretty much the same as every other hakwon.

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

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






The Employee

Signed on ------------------2012 . (change date)



Signature
Teacher (or Instructor) of KID’S COLLEGE __ GEO-JE __





The Employer Lee Jae Lim


Signed on __________ 2012. Change date



Signature Lee Jae Lim
Principal of KID’S COLLEGE GEO-JE




HOUSING CONTRACT

This agreement between KID’S COLLEGE and _______________________________ is concerned with housing for teachers employed by KID’S COLLEGE. KID’S COLLEGE does not require that its teachers live in this housing. Teachers who choose to provide their own accommodations will be given a 400,000 won monthly housing allowance. The employer will deduct 200,000won from each of the employee’s first three months of pay to make a total of 600,000won as a housing management deposit. This deposit is to cover any unpaid monthly service or utility bills in the event the employee fails to pay for any service or goods which she/he used throughout the contract. The employer will hold the full amount of the deposit until all payable bills are checked to have been paid. A 50,000 won deduction will be made should the apartment need additional cleaning.

No deposits...ever.

The apartment will be single for one Employee. The apartment must be kept clean and the appliances maintained in good working order. Employees should report malfunctioning appliances or apartment damage to their supervisor as soon as possible. The apartment will be furnished with following: bed, cooking stove, refrigerator, hot & cold running water for bathing, a western style toilet, television, and washing machine. Meals, utilities, housing maintenance fee, telephone and incidental expenses are the sole responsibility of the Employee. The Employee will be responsible for costs resulting from willful damage or neglect of said furniture and appliances as provided by Employer.

If, for any reason, the Employee ceases to be employed by KID’S COLLEGE, the Employee will be given 24 hours in which to vacate the apartment. The Employee must set up an appointment with the manager of teachers to inspect the apartment prior to moving out, in order to establish the condition of the apartment. The information from this inspection will be used when calculating the amount of the housing deposit to be returned to the teacher. If the apartment requires cleaning or repair, these costs will be deducted from the teacher's deposit.

The procedure for returning the deposit to the teacher at the end of his or her housing contract will be as follows:
If there is no damage to the apartment or its appliances, (as determined by the exit inspection) this amount will be held for payment of bills, the balance of the deposit will be returned to the teacher with his or her final paycheque. After all of the bills for the apartment have been received any remaining money will be returned to the Employee in two days after the termination of the contract.

Barring changes in the employment status of the teacher, this contract confirms that housing will be provided from ____________________ to ____________________


Signature (Employee) ___________________________________Date ____________2012.



Signature (Employer) __ Date 2012.

Dates need to be changed.





E-2 Applicant’s Health Statement


This form is to check the E-2 Visa Applicant’s Health. Please fill in the blanks accurately and truthfully. Please keep in mind that if you fill in the blanks with incorrect information, you would face disadvantages such as visa disapproval, cancellation of stay permit, deportation, etc.

1) NAME IN FULL (As in Passport) 2) DATE OF BIRTH

3) NATIONALITY 4) SEX 5) PASSPORT NUMBER


6) Have you ever caught infectious diseases that threaten Public Health before?
Yes (Infectious Disease name: ), No

7) Have you ever taken any Narcotic (Drug) OR Have you ever been addicted to alcohol?
Yes (Narcotic name: ), No

Cool Have you ever received treatment for Mental / Neurotic / Emotional Disorder?
Yes (Disorder name: ), No

9) Are OR were you HIV (AIDS) positive?
Yes No

10) Have you had any serious diseases OR Injuries for the last 5 years?
Yes (Name & recent situation: ), No


NOTICE
You MUST make Alien Registration at your District Immigration Office (OR Branch Office) within 90 days after your arrival in Korea. And, when you register, you MUST submit you Health Certificate obtained from the hospital which has been designated by the Korean Government.


Date: ___________________________

Applicant’s Signature: _______________________________



Excess paperwork, shady/vague deductions, high taxes and required deposit. And very long hours per day (almost 10 including prep/meetings...)

I would avoid this one like the plague.
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dmajikc



Joined: 10 Oct 2012

PostPosted: Thu Nov 15, 2012 5:59 pm    Post subject: Reply with quote

lol TUM, you've recorded the hagwon name/owner for the annals.
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staygold



Joined: 18 Aug 2012

PostPosted: Tue Nov 20, 2012 5:46 am    Post subject: Reply with quote

One of my concerns is that the re-signing bonus is listed as 0. My recruiter told me I can negotiate before I decide to renew my contract, and that the re-signing bonus "has nothing to do with the current contract." But my understanding is that it's usually public schools that offer re-signing bonuses, no? There's severance and pension, so should I not worry?

No mention of overtime at all either... or how much I'll get taxed.

The good part is that my base pay is listed as 2.6 instead of a lower amount. Most hagwons from this franchise usually add "benefits" (Article 8) that add up to the offered salary to give teachers a lower severance pay, but you can see that everything there is listed as 0.

Thank you in advance!

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

Article 1 (Purpose)
This contract is made for the purpose of setting forth the terms and conditions of employment for native English teachers who work in [SCHOOL].

Article 2 (Status of Employment)
Employee shall be hired pursuant to this Contract as PAS & PLS Curriculum Teacher (PCT).

Article 3 (Duties)
The PCT shall perform the following duties:
1. Plan and conduct classes in levels assigned by Employer, using textbooks, materials, course curriculum, and other resources approved by Employer;
2. 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;
3. Assist with projects related to the activities concerning international cooperation carried out by Employer;
4. Assist Employer with out-of-classroom activities related to the regular curriculum of Employer, including, but not limited to, PAS & PLS testing excursions, as well as other extracurricular activities;
5. Assist with the development of teaching materials, supplementary materials, tests, evaluations, and other programs related to PAS & PLS Program;
6. Assist or conduct teacher training for new PCT under the direction of Employer;
7. Assist, monitor, and supervise other teachers in their teaching methodology and implementation, and classroom conduct under the direction of Employer;
8. Perform other duties as designated by Employer;
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 4 (Supervision)
Employee shall carry out the duties set forth in the foregoing Article 3 pursuant to and under specific instruction and supervision of Employer during the period of employment.

Article 5 (Period of Employment)
The Period of Employment shall commence on [DATE], 2012 and end on [DATE], 2013, beginning and ending within the Republic of Korea.

Article 6 (Work Hours)
1. Employee shall work six (6) calendar days per week from Monday to Friday from 14:00 ~ 22:30, and from 10:30 ~ 16:30 for Saturday. Employee shall also work occasional national holidays of the Republic of Korea depending on the school circumstances. On Mondays through Fridays, the actual class instruction hours of Employee will be 5 hours per day and 3.5 hours per day for class material preparation and research and development (predetermined by Employer).
2. Employee shall assist and participate in Teacher Workshops. The day(s) of these workshops shall be decided by Employer’s schedule, and these day(s) may fall on the weekend.
3. 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 for these days.

Article 7 (Salary)
1. According to Article 6, Employee shall be paid the total amount of 2.6 Million Korean Won per month as base pay.
2. According to the pertinent laws of the Republic of Korea, all applicable taxes, including, but not limited to, the Korean income tax and pension 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 amounts.
3. Employee's salary 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 full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.
5. If Employee should be absent from work 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 unauthorized absent days.
6. If Employee works fully until the end of the Period of Employment, Employer shall pay Employee severance pay, equivalent to the amount stated in Article 7-1.
7. Employee shall not claim against Employer any compensation and/or payment other than those provided for in this Contract.

Article 8 (Other Benefits)
Remuneration for the following benefits is a bonus and will not be included in calculation of Employee’s severance pay.
A. Benefit 1 (Degree / Experience)
Employee shall be paid an amount of ____0_____ Korean won per month in recognition of the degree held by Employee and/or his/her work experience.
B. Benefit 2 (PAS)
Employee shall be paid an amount of ____0_____Korean won per month for the completion of 3 months training session held by [SCHOOL].
C. Benefit 3 (Welfare)
Employee shall be paid an amount of 0 Korean won per month as a Welfare Benefit to assist with Employee’s living expenses and his/her overall well-being.
D. Benefit 4 (Medical Insurance)
Employer shall provide Employee with medical insurance through the National Health Insurance Corporation (NHIC). Employee and Employer will 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.
E. Benefit 5 (Pension)
Employer shall provide Employee with a National Pension Scheme. Employee and Employer shall contribute fifty (50) percent each of premiums and fees.
F. Benefit 6 (Contract Renewal)
Employee shall be given the following renewal benefits on the assumption that he/she continues to work without any discontinuity in employment.
i. Employee shall receive a one time re-signing bonus of _0 _ Korean won.
ii. Employee shall be given a raise of __ (to be negotiated upon evaluation) Korean won per month in recognition of Employee’s re-signing of the Employment Contract for an additional year.

Article 9 (Housing)
1. Employer shall provide Employee with single housing selected by Employer, and Employer shall pay full monthly rent and deposit on the housing selected. Housing selected by Employer may include a leased house, studio, or apartment. Housing provided by the Employer shall be furnished, including a bed, washing machine, air-conditioner, refrigerator, stove, chair, table, wardrobe, television, cooking utensils, eating utensils, blanket, pillows, and clean linen.
2. Employee shall take care of the furniture and equipment, and shall be liable for the cost of repairs or replacement to any equipment or furniture damaged as a result of negligence but where used furnishings are provided; Employee shall not be responsible for replacement of said furnishings and equipment due to wear and tear from normal use.
3. Any and all fees, charges, costs, taxes, expenses, etc., incurred in using the housing will be paid by Employee.
4. If Employee chooses not to accept the housing provided by Employer, Employer shall provide Employee with ____200,000_____ (half the cost of rental fee) Korean won per month as a rent subsidy in lieu of the housing set forth in the foregoing Article 9-1.
5. Employer may provide temporary housing until the appropriate housing for Employee becomes available.
6. If Employer provides housing to Employee, Employer shall provide appliances and furniture, and Employee shall not request or demand any other appliances or furniture than those provided by Employer.

Article 10 (Airfare)
1. Employer shall provide the Employee a one-way economy-class airfare for the most direct route from the Employee’s city of origin and Seoul-Incheon International Airport. Employer agrees to purchase the one-way airfare for the Employee prior to Employee departing for Korea.
2. All connecting flights within the Employee’s home country, or any other flights not provided for in the travel itinerary authorized by Employer, shall be paid for by Employee.
3. After Employee has completed the full period of employment, and all duties within that period, Employer shall provide the Employee one-way economy airfare from Seoul-Incheon or Gimpo International Airport to the closest airport to Employee’s permanent residence. 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.

Article 11 (Paid Leave)
1. Employee shall be entitled to a paid leave for a total of two working weeks (to mean 10 working days) during the Period of the Employment set forth in Article 5. Annual leave days shall exclude Saturdays, Sundays, and Korean national holidays. The Employee is entitled to five (5) days of leave during each semester at [SCHOOL].
2. Employer shall decide the period of Paid Leave according to Employer’s schedule.
3. Paid Leave is a benefit given to Employee on the assumption Employee fulfills his/her Employment Contract. In the event Employee is unable to fulfill his/her full Contract, Employee shall pay back a portion of Employee’s salary equivalent to the total number of paid leave days used by Employee.

Article 12 (Codes of Conduct)
1. Employee shall not behave in any manner that may damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes 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 Period of Employment set forth under Article 5.
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 13 (Termination of Agreement)
1. Resignation
If Employee wishes to resign from the Employment and terminate this Contract, he/she must give Employer thirty (30) days prior, written notice of resignation stating a date of and a reason for resignation. 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 set forth in Article 3 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 Article 13, Employer shall pay Employee a pro rated, monthly salary based on the number of days actually worked by Employee during his/her last month of employment. The Employee shall immediately refund the airfare loan according to the terms under Article 10-3.

Article 14 (Confidentiality Agreement)
This Contract, and all its contents, is entered into on the basis of a strict, confidential agreement 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 on Employee’s part and the terms of Article 13 shall be applied.

Article 15 (Miscellaneous)
Matters not explicitly stated in the Contract shall be determined by Employer by taking Employee's concerns into consideration.

Article 16 (Indemnity)
Employee shall indemnify for and keep Employer harmless from any liability or damages arising from, or in relation to any negligent or illegal activity of Employee, whether intentional or unintentional, during the Period of Employment under this Contract.

Article 17 (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.

Article 18 (Signature)
In witness whereof, the parties hereto sign Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy for Employee's visa application.


Last edited by staygold on Wed Nov 21, 2012 5:23 am; edited 1 time in total
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dewey588



Joined: 08 Jun 2012

PostPosted: Tue Nov 20, 2012 10:59 pm    Post subject: Reply with quote

Hey this is my first contract offer I have received and could really use some advice. They asked me to work for 14 months in preparation of the a new school being created by an owner who has 3 other established schools in the area.

Does this look reasonable?

This employment contract (hereinafter this "Contract") is made by and entered into between the Sponsor of --------------------------- (hereinafter "Employer") and the Teacher, ------------------(hereinafter "Employee"). Both parties agree as follows:

Article 1(Purpose)
This contract is made for the purpose of setting forth the terms and conditions of employment for native English teachers who work in ----------------------- (hereinafter "----------").

Article 2(Status of -------)
Employee shall be hired pursuant to this Contract as an English Language Instructor (ELI).

Article 3 (Duties)
The ELI shall perform the following duties:
1. Plan and conduct English classes in levels assigned by Employer, using texts and course syllabi approved by Employer.
2. Assist with and participate in activities related to the instructional programs of -------, including, but not limited to, departmental planning meetings, general faculty meetings, and special presentations.
3. Assist with projects related to the activities concerning international cooperation carried out by -------.
4. Assist Employer with out-of-classroom activities related to the regular curriculum of -------, including, but not limited to, field trips and school-wide assemblies, as well as other extracurricular activities within ------- which do not incorporate into teaching hours. These events and activities may be scheduled on weekends (limited to twice a year) where the Employee's attendance is compulsory. These events and activities are all part of teaching preparation and teaching requirements-extra payment is not given.
5. Assist with the development of teaching materials, supplementary materials, tests, evaluations, and other programs related to English language teaching.
6. To assist or conduct teacher training for new ELIs under the direction of Employer.
7. To assist, monitor, and supervise ELIs in their teaching methodology and implementation, and classroom conduct under the direction of Employer.
8. To perform other duties as designated by Employer.
9. All materials developed by Employee while working for ------- will become the property of -------, and Employee shall not seek compensation and/or payment beyond what is stated in this Contract.



Article 4 (Supervision)
Employee shall carry out the duties set forth in the foregoing Article 3 pursuant to and under specific instruction with supervision of the Employer during the period of employment.

Article 5 (Period of Employment)
The period of Employment shall commence on Jan 1st , 2013 and end on Feb 28th, 2014, beginning and ending within the Republic of Korea.

Article 6 (Work Hours)
☞ The Employee will teach 48 weeks out of his/her one year contract period. This excludes public holidays and ------- holidays, which are determined by the ------- Calendar. There are 12 monthly sessions in a year. Every monthly session will have 20 working days.

1. Employee shall work from 8:30 AM – 5:30 PM, Monday through Friday. Regular schedule does not include Saturdays, Sundays, and any national holidays of the Republic of Korea.
2. Employee will be asked to help prepare or participate in special activities sometimes after normal working hours. Employee is expected to comply with these requests.
3. Employee shall work no more than 30 hours of actual teaching time per week. The teacher is expected to diligently prepare lessons and other school materials during non-teaching times.
4. National holidays shall 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 for these days.

Article 7 (Salary)
According to Article 6, Employee shall be paid the total amount of 2.1million Korean Won per month.
※ According to the pertinent laws of the Republic of Korea, all applicable taxes, including, but not limited to, the Korean income tax and miscellaneous expense (3.3%), shall be withheld each month from Employee's salary.
1. Employee's salary shall be paid on a pro rata basis 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.
2. When Employee has not worked a full month, salary for that month shall be paid on a pro rata basis either from the first day or until the last day of work.
3. If Employee should be absent from work 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 unauthorized absent days.



4. If Employee agrees to renew his/her contract or complete his/her one year contract, severance pay of one month’s salary will be paid to the Employee.
5. Employee shall not claim against Employer any compensation and/or payment other than those provided for in this Contract.
6. Regular Over-Time Pay: If the Employee works more than the hours stated in a contract will be paid 12,000Won per 30 minutes (24.000 Won per 60minutes) for the extra hours. This will be paid in addition to the salary at the end of each month.

Article 8 (Housing)
1. Employer shall provide Employee with housing selected by Employer, and Employer shall pay full monthly rent and, Employee shall pay all living expenses including electricity, water, gas, oil, phone bills et cetera.
2. If Employer provides housing to Employee, Employer may provide appliances and furniture, and Employee shall not request or demand any other appliances or furniture than those provided by Employer.

Article 9 (Airfare)
1. Employer shall provide the Employee one-way air ticket to Korea.
2. All connecting flights within the Employee's home country, or any other flights not provided for in the travel itinerary authorized by Employer, shall be paid for by Employee.
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 days that the Employee has worked since the start of Employment. If Employee's contract is terminated, whether by Employee or Employer, after six months of the contract commencement date, Employee shall pay the price of a return ticket on a pro rata basis calculating the number of days that the Employee has worked after the six-month point.
4. The return airfare will be provided only after the completion of the one year contract.
If the Employee chooses to renew his/her contract for a longer period of time, the Employer will provide a plane ticket at the end of the second contract and the Employee will not receive a ticket or cash in lieu of a ticket at the completion of the original contract.

Article 10 (Other Benefits)
Employer shall provide Employee with medical insurance through an insurance company. Fifty (50) percent of medical insurance premiums and fees shall be paid by Employee, and fifty (50) percent shall be paid by Employer.



Article 11 (Codes of Conduct)
1. Employee shall not behave in any manner that may damage or tarnish the reputation of the teaching profession. Employee shall comply with and observe any codes 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 -------, during the Term of Employment set forth under Article 5.
3. Employee shall not be involved in any activities, which may cause harm to the students or be of detriment to the reputation of -------.

Article 12 (Termination of the Contract)
1. Resignation
If Employee wishes to resign from the ------- and terminate this contract, he/she must give Employer three months prior, written notice of resignation stating a date of and a 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
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 set forth in Article 3 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 Article 12, Employer shall pay Employee a pro rated, monthly salary based on the number of days actually worked by Employee during his/her last month of employment. The Employee shall immediately refund the airfare loan according to the terms under Article 9.
E. The Disciplinary Procedure is clearly outlined in the Code of Conduct and shall be followed in the event of any breaches of said code.

Article 13 (Confidentiality Agreement)
This Contract, and all its contents, is entered into on the basis of a strict, confidential agreement between Employee and Employer. Employee shall not disclose any information, and/or contents of this Contract to nay 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 on Employee's part and the terms of Article 12 shall be applied.

Article 14 (Miscellaneous)
Matters not explicitly stated in the Contract shall be determined by Employer by taking Employee's concerns into consideration.

Article 15 (Indemnity)
Employee shall indemnify for and keep Employer harmless from any liability or damages arising from, or in relation to any negligent or illegal activity of Employee, whether intentional or unintentional, during the Period 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.

Article 17 (Signature)
In witness where of, the parties here to sign Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy for Employee's visa application.
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YTMND



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

PostPosted: Wed Nov 21, 2012 2:09 am    Post subject: Reply with quote

Quote:
Article 6 (Work Hours)
1. Employee shall work six (6) calendar days per week from Monday to Friday from 14:00 ~ 22:30, and from 10:30 ~ 16:30 for Saturday. Employee shall also work occasional national holidays of the Republic of Korea depending on the school circumstances. On Mondays through Fridays, the actual class instruction hours of Employee will be 5 hours per day and 3.5 hours per day for class material preparation and research and development (predetermined by Employer).


In China, they like to schedule 6 days. I never did this in Korea. So, this is the first red flag. Let's look on.

Quote:
Article 10 (Airfare)
1. Employer shall provide the Employee a one-way economy-class airfare for the most direct route from the Employee’s city of origin and Seoul-Incheon International Airport. Employer agrees to purchase the one-way airfare for the Employee prior to Employee departing for Korea.


Do you agree to this? Some people prefer the school foot the bill.

Quote:
2. All connecting flights within the Employee’s home country, or any other flights not provided for in the travel itinerary authorized by Employer, shall be paid for by Employee.


No, the connecting flights should be paid by E-M-P-L-O-Y-E-R.

I took 4 connecting flights, and my school paid for them because it was cheaper than 1.

If they are trying to avoid extra costs, that is understood, but the cheapest flight from where you are to where the airport nearest their school is should be the bare minimum they need to reimburse you with. Otherwise, I wouldn't take this sublime offer.
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staygold



Joined: 18 Aug 2012

PostPosted: Wed Nov 21, 2012 5:21 am    Post subject: Reply with quote

YTMND wrote:
Quote:
Article 10 (Airfare)
1. Employer shall provide the Employee a one-way economy-class airfare for the most direct route from the Employee’s city of origin and Seoul-Incheon International Airport. Employer agrees to purchase the one-way airfare for the Employee prior to Employee departing for Korea.


Do you agree to this? Some people prefer the school foot the bill.

Quote:
2. All connecting flights within the Employee’s home country, or any other flights not provided for in the travel itinerary authorized by Employer, shall be paid for by Employee.


No, the connecting flights should be paid by E-M-P-L-O-Y-E-R.

I took 4 connecting flights, and my school paid for them because it was cheaper than 1.

If they are trying to avoid extra costs, that is understood, but the cheapest flight from where you are to where the airport nearest their school is should be the bare minimum they need to reimburse you with. Otherwise, I wouldn't take this sublime offer.

Looks like dewey588 has a similar proposal for the airfare. (Perhaps the same franchise). I'll ask about about the connecting flights. Thanks for pointing this out.

Found out that overtime is 20,000 won, which is pretty standard.
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ibeattheborg



Joined: 17 Dec 2010
Location: the deep blue sea

PostPosted: Wed Nov 21, 2012 9:46 am    Post subject: Reply with quote

[quote="staygold"]
Article 6 (Work Hours)
1. Employee shall work six (6) calendar days per week from Monday to Friday from 14:00 ~ 22:30, and from 10:30 ~ 16:30 for Saturday. Employee shall also work occasional national holidays of the Republic of Korea depending on the school circumstances. [/quote="staygold"]

6 days a week! I guess that somebody has to work these jobs. But I wouldn't worry about the overtime rate because you really won't want any on top of those hours. 6-day weeks can be tough in a teaching environment.
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