||Korean Job Discussion Forums
"The Internet's Meeting Place for ESL/EFL Teachers from Around the World!"
Joined: 26 Sep 2012
|Posted: Sat Mar 16, 2013 4:39 pm Post subject:
|Hi everyone, I recently got my first contract, and I thought I would seek advice on this board. If you have time to help me out, thanks in advance! Sorry for the poor formatting; I tried to clean it up as best as I could.
Article 2 (Pay Level) * The Employee shall be hired pursuant to this Contract with the Pay Level set forth at the
beginning of this contract.
* The Pay Level set forth at the beginning of this Contract will be contingent upon provision of all the necessary
documentational proof of qualifications and experience required by the Employer to be eligible for said Pay Level .
* Any new qualifications obtained after the beginning of the Term of Employment will not subsequently change
the Pay Level during the Term of Employment; the Pay Level will remain that agreed to at the beginning of the
Term of Employment.
Article 3 (Duties) The Employee shall perform the following duties in the educational institutions of [office of education]
for the period indicated above:
* Assist Korean teachers with their English class(es) and/or jointly conduct English class(es) with Korean teachers,
and/or lead extracurricular activities or English camps;
* Prepare teaching materials and lesson plans for English class(es);
* Assist with and/or lead the development and creation of teaching materials related to English language education;
* Assist with and/or lead activities related to English language education and other extracurricular activities such as
but not limited to editing or creating English documents, judging contests, conducting teacher training, working at
English camps, etc.;
* Conduct English conversational class(es)/course(s) for Korean teachers and students; and
* Perform other duties as designated by the Employer including various English programs during the school
Article 4 (Supervision) The Employee shall carry out the duties set forth in the foregoing Article 3 pursuant to and
under specific instruction and supervision of the Supervisor of the Work Place designated by the Employer.
Article 5 (Term of Employment) * The Term of Employment shall be the period set forth at the beginning of this
Contract. Unless separately agreed otherwise by the Employer and the Employee, this Contract shall automatically
terminate at the end of the contract period set forth herein.
* If the Employee, for whatever reason, is unable to begin wor k on the date specified herein, the Contract shall be
rewritten to indicate the new one year Term of Employment. The Contract will only take effect on the day the
Employee actually begins work and the Term of Employment shall be a one-year period beginning from that day
* This Term of Employment is not and shall not be considered a continuation of any previous Term of
Employment with a different Office of Education. Hence, the Employer shall hire the native English teacher as a
Article 6 (Resignation) * The Employee shall perform the duties set forth under Article 3 hereof during the Term of
Employment set forth under Article 5 hereof.
* This Contract is binding unless the Employee gives sixty (60) days written notice of termination (stating a
planned date of resignation and reason(s) therefore) to the principal of the Employee's main school as well as the
[office of education].
* Failure of the Employee to give sixty (60) days written notice of termination to the main school Principal and the
Superintendent of [office of education] shall be reported to the Korean Immigration Service and shall
affect the Employee's ability to freely enter the Republic of Korea in the future.
* In the case of the Employee's resignation, his/her visa shall be cancelled.
Article 7 (Work Place) * The Employee shall work at any locations operated by the Employer, including schools,
Provincial or Local Office of Education, training centers, or any other educational institutes located in the
jurisdiction of [office of education].
* The Employer may designate multiple locations for the Employee to work.
* The Employer may designate the Employee to work at a Provincial or Local Office of Education, training centers
or other educational institutes while school is in session or recess. In this case, the Employee shall not claim for any
additional pay if the work hours fall under the regular Work Hours stated in Article 8.
Article 8 (Work Hours) * The Employee shall work eight  hours per day for five (5) calendar days per week
from Monday to Friday and shall not work on Saturdays, Sundays, Labor Day(May 1st) and any national holidays of
the Republic of Korea. However, temporary English programs run by the Employer (e.g. English camp or extra
classes) may occur outside the Work Hours specified in this clause and on weekends. In this case, the Employer
shall pay according to Article 8, clause * and *.
* The Work Hours of the Employee may follow the normal work schedule of Korean teachers; however, such
Work Hours may be adjusted by the Employer as he/she deems appropriate within the bounds set forth in Article 8,
* Actual class instruction hours of the Employee shall not exceed twenty two (22) hours per week. If, however, the
Employee's actual weekly class instruction hours exceed twenty two (22) hours due to supplementary class
instruction, the Employee shall be entitled to a supplementar y class instruction pay of about 20,000 won per hour.
* The Employer may require the Employee to work non-instructional overtime hours in addition to normal Work
Hours. In this case, the Employee shall be entitled to supplementary overtime pay of 6,000 won per hour.
* If the Employee agrees to teach instructional hours that occur outside the Work Hours specified in Article 8,
clause *, the Employer shall have the authority to determine the appropriate supplementary pay.
Article 9 (Salary) * The Employee shall be paid the same amount of money set forth at the beginning of this
Contract. However, the Korean income tax, residence tax, medical insurance premium including long-term care
insurance and the national pension contribution, and any other tax or withholding mandated by the various levels of
government, shall be withheld each month from the Employee's salary.
* The Employee's salary shall be paid on the 25th of the month. If the 25th of the month falls on a Saturday,
Sunday, or a national holiday, the salary shall be paid on the immediately preceding business day.
* If the Employee has not worked all of the normal working days in a month, for whatever reason (such as sick
leave, unpaid leave, etc.), the Employee's salary for that month shall be prorated for the corresponding number of
* If the Employee should be absent from work, for whatever reason, without having obtained prior approval f rom
the Employer, the Employee's salary for that month shall be prorated according to the corresponding number of
unauthorized absent days.
* The Employee shall not claim against the Employer any compensation and/or payment other than those provided
for in this Contract.
Article 10 (Renewal) * The Term of Employment stated in Article 5 hereof may be renewed by the mutual written
agreement between the Employer and the Employee provided that each renewed employment term does not exceed
one (1) year.
* In the case of renewal of this Contract pursuant to the foregoing *, the Employee shall be given one (1) week
paid leave (inclusive of weekends and national holidays) which shall take place during summer or winter vacation
with the condition of the days not conflicting with the school schedule. This one-week leave will be counted as part
of the contract term, and, accordingly, salary will be paid as normal for this one week.
* The Employer shall provide the Employee with a Contract Renewal Allowance of 2,000,000 Korean Won (KRW)
within one month of the beginning of the new Term of Employment. In the case of Contract Renewal (and the
payment of the subsequent Renewal Allowance), the Employee shall not receive an Exit Allowance for the
completion of the current Term of Employment nor shall the Employee receive an Entrance Allowance for the
renewal Term of Employment.
* In case of the termination of the Renewal Contract within the first six (6) months, regardless of course or ground
therefore, the Employee shall immediately pay back to the Employer 700, 000 Korean Won (KRW) of the 2,000,000
Korean Won (KRW) Renewal Allowance and the paid leave specified in the forgoing clause * shall be unpaid.
Article 11 (Entrance Allowance/Exit Allowance) * Upon beginning the Term of Employment, the Employee shall
receive a 1,300,000 Korean Won (KRW) Entrance Allowance. The Entrance Allowance is not offered to Employees
who are renewing their contract. For the first six (6) months of the Term of Employment, the Entrance Allowance of
1,300,000 Korean Won (KRW) shall be considered a loan to support the Employee's entrance into Korea.
* In case of the termination of this Contract within the first six (6) months, regardless of course or ground therefore
(except in the event of the NEAT's decease), the Employee shall immediately pay back to the Employer the
aforementioned loan. Failure of the Employee to pay back the aforementioned loan shall be reported to the Korean
Immigration Service and shall affect the Employee's ability to freely enter the Republic of Korea in the future. If the
Employee successfully completes more than six (6) months of the Term of Employment from the date of
commencement, the obligation of the Employee to pay back the Entrance Allowance loan shall be waived by the
* If the Employee successfully completes his/her duties set forth in this contract for the full Term of Employment
specified herein, the Employee shall be entitled to an Exit allowance of 1,300,000 Korean Won (KRW) on the final
day of the Term of Employment.
* NEATs, TaLK scholars, private institute instructors, etc. may reapply to work with/for another Province (Office
of Education, Institute, School) upon completing the Term of Employment with the current Employer by obtaining a
letter of release from the current Employer which may be issued if the Employee has satisfactorily completed the
current contract. However, if they change their place of employment on their visa within Korea, NEATs shall not
receive an Exit Allowance for the completion of the current Term of Employment nor shall NEATs, TaLK scholars,
private institute instructors, etc. receive an Entrance Allowance for the commencement of the new Term of
Employment with the new Provincial Office Education or school. The Employee shall be paid a Settlement
Allowance of 300,000 Korean Won (KRW), when he/she begins the contract with the new Provincial Office of
Education or school.
* If the Employee has an F-class visa and is residing in Korea, the Employee shall not receive an Entrance
Allowance for the commencement of the new Term of Employment. The Employee shall be paid a Settlement
Allowance of 300,000 Korean Won (KRW), when he/she begins the contract.
Article 12 (Housing) * The Employer shall provide the Employee with a single housing selected by the Employer.
Housing selected by the Employer may be a leased house, a studio-type room, an apartment, or other form of
lodging deemed sufficient by the Employer. Any and all fees, charges, costs, taxes, expenses, etc. incurred in using
the housing shall be borne by the Employee. Such fees may include but are not limited to hydro, gas, water utilities,
internet, phone service as well as a maintenance fee from the landlord.
* The Employer may provide temporary housing until the appropriate housing for the Employee becomes available.
* If the Employer is not able to provide housing for the Employee, the Employer shall provide the Employee with
400,000 Korean Won per month, as a rent subsidy, in lieu of the housing set forth in the foregoing.
* The Employer shall decide whether to provide the Employee with housing or a rent subsidy. Once decided, the
Employer's decision shall not be subsequently changed during the term of Employment.
* If the Employer provides housing to the Employee, the Employer shall pro vide the following appliances and
furniture: a bed, table and chair, a closet, a gas or electric range, a refrigerator, a washing machine, a microwave,
and a TV set. The Employee shall not request or demand any other appliances or furniture than those stipulated
* If the Employee uses the housing provided b y the Employer, the Employee shall leave the housing on the day
after the final day of the Contract.
* If the Employee uses the housing provided by the Employer, the Employee shall leave thee hous ing in the same
condition as when it was first occupied and the Employee shall be liable for any damage or loss to the building and
appliances occurring due to his/her carelessness during the period occupied by the Employee.
* The Employer shall provide a single housing to couples jointly employed by the Employer. However, couples
shall not be provided with extra 400,000 Korean Won per month.
Article 13 (Other Benefits) * The Employee shall be entitled to a one time only Settlement Allowance of 300,000
Korean Won (KRW), when he/she first begins the contract. This Settlement Allowance will not be granted in the
case of a Contract Renewal.
* On behalf of the Employee, the Employer shall provide 50% of the Employee's medical insurance premium
(including the medical insurance premium for the Employee's dependents in the event the dependents of the
Employee (spouse and/or children) live with him or her in Korea) pursuant to the National Medical Insurance Act of
* The Employer, on behalf of the Employee, shall provide half of the national pension plan deduction
(approximately 4.5% of salary) pursuant to the National Pension Corporation Act of Korea. American, Australian or
Canadian Employees are eligible for a pension distribution refund if they submit the required documents to the
Korean National Pension Corporation when they leave Korea after the completion of their Contract.
* The Employee working in a remote area (in Goheung, Wando, Jindo, and Shinan) will be eligible for a Rural
Allowance of 200,000 Korean Won (KRW) per month.
* In the case that the Employee is working at more than one school, the Employee shall receive a Multiple School s
Allowance of 100,000 Korean Won (KRW) per month for two schools or 150,000 Korean Won (KRW) per month
for three or more schools. In this case the transportation allowance shall not be paid separately.
* Employees, with the exception of Canadians and Irish, shall be eligible for exemption from paying Korean
income tax during the period of the first two years of employm ent in Korea if they provide the following documents
to the Employer before the first payment of salary:
1) "Residence Certificate" issued by the relevant authority of the Employee's resident country
2) “an Application for Tax Exemption" on non-resident's Korean source income provided under the Korean Tax
Treaty. If the Employee has already worked more than two years in Korea, he/she shall not be eligible for tax
* The Employee shall be entitled to severance pay according to the Employee Retirement Benefit Security Act
set out by the Ministry of Labor, upon successful completion of the final contract with the concerned Employer.
* The Employer may provide a special allowance to an employee who has made a great contribution to the
Employer and/or who is determined to work at a special institute by the Employer.
Article 14 (Paid Leave) * The Employee shall be entitled to a vacation period of up to 32 days (inclusive of
weekends and national holidays) during the Term of the Employment set forth in Article 5 hereof. The Employee
may take up to twenty-four (24) winter vacation days and eight  summer vacation days. If the requested vacation
period interferes with the smooth operation of the programming of the school or institute, the Employer and the
Employee shall negotiate an alternate vacation date(s) during the vacation.
* The Employee shall apply for and obtain the Employer's consent to take any paid leave a minimum of fifteen (15)
calendar days in advance of the requested date of leave.
* The Employee shall note the difference between school vacation and Paid Vacation days; the Employee is
expected to fulfill normal working duties during the school vacation period unless the Employee has received prior
approval for Paid Vacation or Unpaid Leave during the school vacation period.
* During the school semester, the Employer may allow the Employee not to come to work on the day(s) when the
school is closed for in-semester school holiday(s), school anniversary day(s), etc., and these days will not be
considered part of the Paid Leave set forth in the forgoing clause *.
* Regardless of the number of days over which the Paid Leave falls, eight  accumulated hours of Paid Leave
shall be counted as one day. This includes tardiness, early leave, other absences during the work day and/or half -days of Paid Leave. A total of less than eight  hours will not be counted.
Article 15 (Sick Leave) * The Employee shall be entitled to a paid Sick Leave in the case of any illness or injury
which prevents the Employee from performing the duties herein only with the express consent of the Employer. The
Employee shall notify the Employer of any absence due to sickness within one (1) hour of the beginning of the
* The Employee's paid Sick Leave during the Term of Employment shall not exceed eleven (11) working days.
Regardless of whether the sick-leave days are consecutive or individual, the Employee shall not require a doctor's
note for the first three (3) days of sick leave taken during the Term of Employment. However, a practicing doctor's
medical report shall be required for any sick-leave periods taken above the three-day threshold, whether these days
are consecutive or individual. The time period of the sick leave must not exceed the period advised by the
physician's report. Letters from a physician must be submitted to the Employer on the first day that the Employee
returns to the work place.
* If the Employee requires a Sick Leave of more than eleven (11) working days during the Term of Employment,
any working days beyond the 11-day limit will be unpaid.
* The total number of days of Sick Leave (both paid and unpaid) used by the Employee and the reasons for taking
Sick Leave will be included in the Employee's Personnel Record Card, which shall be utilized by the Employer to
evaluate the Employee's conduct and determine the Employee's contract renewal.
Article 16 (Special Leave) * The Employee may take a paid Special Leave for a number of days as set forth below
for each of the following events stated herein only with the express consent of the Employer: The duration of the
Special Leave shall include Saturdays, Sundays and national holidays of the Republic of Korea.
1. Seven (7) calendar days for the Employee's marriage.
2. Seven (7) calendar days for the death of an Employee's parent or spouse; five (5) calendar days for the death of an
3. In case of a female Employee, ninety (90) calendar days shall be granted for a maternity leave. In the case of
maternity leave, only the first 60 days shall be paid leave; the last 30 days shall be unpaid leave.
Article 17 (Codes of Conduct) * The Employee shall not behave in any manner which may damage or tarnish the
reputation of the teaching profession in general or of the undersigned Employer in particular during the Term o f
Employment including the orientation period occurring after entering Korea.
* The Employee shall observe and comply with any codes of conduct and dress applicable to Korean teachers.
* The Employee shall not engage in any other job (including any part-time, private tutoring, or online instruction)
during the Term of Employment set forth under Article 3 hereof.
* The Employee shall not be involved in any activity which could cause harm to the students or be of detriment to
the reputation of the school.
* Employees must not disclose any confidential information about their co-workers, school or program that they
have acquired during their term of employment and must return the acquired confidential documents or materials to
the Employer upon the completion/termination of the contract.
Article 18 (Termination of the Contract) * The Employer may legally terminate or cancel this Contract upon
occurrence of any one or more of the following events:
1. The Employee violates the laws of the Republic of Korea.
2. The Employee violates the Codes of Conduct set forth under Article 17.
3. The Employee works in Korea without holding the required valid visa such as E-2 visa, etc.
4. The Employee fails to perform or unsatisfactorily performs any of the duties stipulated in this Contract. In
this event, the Employer shall provide formal written notice of unsatisfactory performance to the Employee.
Three of more written notices shall be considered sufficient grounds for termination fo the Contract.
5. The Employee engages in any other employment (including any part-time, private or self-employment, or
online instruction) during the Term of Employment set forth under Article 5 herein.
6. The Employee fails to perform his/her duties for more than five working days without receiving prior consent
from the Employer.
7. Any of the information provided in the Employee's application is false or inaccurate.
8. It is determined that the Employee is prevented from or incapable of performing the duties set forth under
Article 3 hereof for any medical reason, whether it is physical or psychological in nature, including chronic
ailments such as diabetes Mellitus, high blood pressure, chronic liver disease, tuberculosis, neurologic disorder,
substance or alcohol addiction, etc.
a. If requested to take a physical and/or psychological examination by the Employer, the Employee must make
themselves available within two (2) working days for the medical examination.
b. The Employee must complete a medical examination (HIV, Drug etc) in Korea for the purpose of working in
Korean public schools and educational institutions. If requested by the Employer, the Employee must submit
the results to the Employer immediately. All related expenses shall be borne by the Employee.
9. The total number of days of sick leave (both paid and unpaid) used by the Employee pursuant to Article 15
hereof exceeds thirty (30) days.
* In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing clause *,
the Employer shall pay the Employee a prorated salary based on the number of days actually worked by the
* In the event of termination of this Contract pursuant to any of the provisions set forth in the foregoing clause *,
the Employee shall immediately refund the loan to the Employer pursuant to Article 11 *.
* In such event, the Employer will not pay the Employee the Exit Allowance. The Employee's visa will
subsequently be cancelled.
Article 19 (Completion of Mandatory Orientation and Training and Evaluation of Teaching Performance and
Conduct) * The Employee shall complete all training deemed necessary by the Employer and/or
[office of education]. This includes but is not limited to an orientation held before the beginning of the Term of
Employment and/or in-service training during the Term of Employment.
* The Employee will not be entitled to compensation for any portion of the mandatory orientation which falls
outside the Term of Employment as stipulated under Article 5.
* The Employee shall participate in any training program(s) upon request of the Employer.
* The Employee shall sincerely participate in the Evaluation of Teaching Performance and Conduct required by the
* The Employee’s training history will be included in the Employee's Personnel Record Card, which shall be
utilized by the Employer to evaluate the Employee's conduct and determine the Employee's contract renewal.
Article 20 (Indemnification) * The Employee hereby agrees to indemnify, defend and hold harmless the Employer
against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of or resulting from any
negligent, intentional or illegal act of the Employee during the Term of Employment under this Contract.
* The Employee shall indemnify and protect the Employer from any liability or damages arising from or in relation
to any negligent, faulty, or illegal activity of the Employee during the Term of Employment under this contract. For
safety deposit, 200,000 Korean won per month will be deducted from the Employee's salary for the first 3 months of
employment until it amounts to a total of 600,000 Korean won.
* If the Employee is free from any and all liability, claims, suits, losses, costs and legal fees caused by, arising out
of or resulting from any negligent, intentional or illegal act of the Employee, the Employee shall be refunded the
total amount of money secured on the final day of the termination of the contract.
Article 21 (Consent to Limited Release of Information) * The Employee grants his/her consent that the information
in the Employee's application form and/or Personnel Record Card may be used for the purpose of statistical data
collected by the Employer and/or the Korean government, for his/her contract renewal with his/her current
Employer or his/her new application to other provinces.
* The Employee agrees that the evaluation results stipulated in Article 19, Clause * may be used for his/her
contract renewal with his/her current Employer or his/her new application to other provinces.
Article 22( Governing Law, Language and Venue) * The terms of this Contract and the rights and obligations of
the parties hereto shall be construed, interpreted and determined in accordance with the laws of the Republic of
* The Governing language of the Contract shall be Korean. The English translation of this Contract is made for the
purpose of convenience.
* If a dispute or disagreement should arise in connection with or out of this Contract, the parties hereto shall first
try to resolve it in accordance with a principle of good faith. However, if the parties fail to mutually resolve such
disputes or disagreements or come to amicable settlements, their disputes or disagreements shall be finally resolved
by arbitration in Seoul, Korea in accordance with the Commercial Arbitration Rules of the Korean Commercial
* Matters not explicitly stated in the Contract shall be determined by the Employer by taking the Employee's
concerns into consideration.
Joined: 16 Jan 2012
Location: You're the man now dog!!
|Posted: Sat Mar 16, 2013 9:48 pm Post subject:
|Article 2 (Pay Level) * The Employee shall be hired pursuant to this Contract with the Pay Level set forth at the
beginning of this contract.
Which is what? Hard to evaluate a contract when the salary is not clearly mentioned. Or did I miss it?
Joined: 26 Sep 2012
|Posted: Sun Mar 17, 2013 12:57 am Post subject:
|Hmm, I may have accidentally cut it out in the sanitization process. The salary is 2M KRW a month.
Joined: 06 Feb 2013
|Posted: Thu Mar 21, 2013 10:30 am Post subject:
|This is for EIEL school in Suwon -
This employment agreement is made between EIEL English Institute, a private learning institution in the Republic of Korea (hereinafter referred to as "employer”) _______________________ (Hereinafter referred as "employee")
I. EMPLOYMENT OF EMPLOYEE
Employer employs employee to teach the English language in the form and manner and under the terms and conditions set forth in this agreement.
II. PLACE OF EMPLOYMENT
Employee will be employed as an English teacher at #64-2 Youngtong-dong, Youngtong-gu, Suwon-city, Gyonggi-do, South Korea.
As used in this agreement, the following terms shall have the meanings stated:
The agreement date is the first teaching day in the institute.
The First day of teaching on 1st of May 2013.
“Termination Date" shall mean the date one (1) year from the employment date.
IV. DUTIES OF EMPLOYEE
During the term of this agreement, the employee will accept, strictly comply with the instruction, supervision, and discipline of the Director of employment’s Institute.
The director has the entire right to ask to do the tasks related to teaching during the working hours.
Duties may include, but are not limited to:
supervision of students
preparation / production of teaching materials
curriculum design and implementation
attendance at teachers' meetings and workshops
The teachers` meeting will be held 2times per week and it will not include teaching time.
writing evaluation comments and preparing evaluation reports
journal and essay correction
execution of duties as an assistant homeroom teacher
participation in micro-teaching presentations
Leading a Field trip and a Camp ( including teaching time)
Joining EIEL summer camp and EIEL winter camp(one day two nights)
EIEL camp will be held during the weekend and it is considered as overtime.
When EIEL camp is held out of school, the transportation, sleeping, break and meal time will not be considered as overtime.
All teachers should Join EIEL Institute’s festival ( including teaching time)
All teachers should wear neat clothes, shoes.
Flip flop and sleeveless are not allowed in the summertime.
Korean teacher may stay in the classroom during class time
During the term of this agreement, the employee will be required to work 5 days per week, Monday through Friday and to teach 32 hours per week.
Employee’s work day begins at 9:30 A.M and finished at 7:00 P.M everyday.
As mentioned above working time, the employer can request the employee to work.
All classes will be held from Monday to Friday. However, the employer may request the employee to work no more than 5 Saturday or Sundays per year. If this is required the employee will receive overtime pay.
An Exceptive clause
Attendance at parents meeting on Saturday when introducing a new teacher to parents is not considered overtime.
EIEL Sports Day will be held during the weekend and it will be not considered as overtime.
And teacher might have 1~2 empty classes during the days.
The academic programs may be modified, from time to time, after an agreement is made between the employee and the employer. Any modifications in the academic programs shall not constitute a termination of the employment.
The employee shall not partake in any activities that may damage the reputation of EIEL English Institute, including, but not limited to, making sexual advances towards, or enter into relationships with students or employees of EIEL English Institute. Violation of this provision will be considered grounds for immediate dismissal.
The Employee by entering into this Agreement attests and warrants that he/she is the holder of at least a Bachelor’s degree and has a valid passport enabling him or her to travel freely in and out of his/her country of citizenship.
The Employee agrees to supply the Employer with his/her University Degree and to allow a copy of degree to be posted at the school, as per Korean Labor Regulations.
The Employee must also supply the Employer with 3 passport-sized photos. The photos will be used in EIEL English Institute’s advertising flyers and the EIEL English Institute website.
Dual Employment Prohibition
The employee agrees that he/she will not undertake any teaching duties or any other employment with any persons or organizations other than the employer without prior written consent from the employer. Failure to comply with this article is the cause for immediate dismissal.
V. COMPENSATION AND OTHER MONETARY AGREEMENTS
The Employer agrees to pay the employee the amount of 2.100.000won per month for twelve 12 months. The Employee will be given an additional months salary for completing the aforementioned contract. This amount will be paid at that time of completion of the agreed upon contract. The pay period begins on the first day and ends on the last day of each month and the monthly salary is payable on the last day of the month following each pay period.
In addition to the aforesaid 32 hours of classroom teaching each week, the Institute Director may require the employee to perform additional teaching duties in excess of the 32 hours per week. Only classroom contact hours in excess of 32 hours per week and approved by the Institute Director are considered overtime at a rate of 20,000 Won per hour.
Attendance at scheduled staff meetings and workshops is not considered overtime, nor is oral testing given to the students when they have level tests held during working hours.
Individual Make up class for the student who doesn’t catch up with the other students is not considered as overtime.
When special class is held out of school, the moving time will not be considered as overtime.
Attendance at parents meeting when introducing a new teacher to parents
is not considered overtime.
Paid Vacation Days
The Employee will be granted 10 days paid vacation.
Five days are in summer and five days are in winter
In addition to the paid vacation, there are 13~15 Korean National holidays observed in Korea.
5. Single Housing
(A) The institute will provide a private single person accommodation or shared apartment with private room free-of-charge to the teacher
(B) The teachers` apartment furnishings shall include ; basic cooking utensils such as pots pans and dishes ; a stove ; a refrigerator; a bed ; a washing machine And a closet, heater, table and chairs, T.V and phone.
- School does not provide towels, bedclothes, a mobile phone
(C) Costs for all utilities, including lighting, heat, and water, maintenance cost shall be
borne by the teacher.
The employer agrees to provide one-way economy class airline ticket from employee's home of record to Inchon Airport, Korea.
The employer agrees one-way economy class airline ticket to the international airport nearest to the employee's home at the satisfactory conclusion of the contract.
In the event the Employee must go to Japan to get a visa, the Employer will pay for the full roundtrip airfare. Also, the Employer will pay the Employee the actual amount of money required for a visa trip. This will cover the transportation to the airport, motel, and misc. expenses.
7. Health Insurance
50% of the insurance premium is paid by the employee and 50% is paid by the employer. Korean government asks foreigners to pay the insurance for 3 months at one time. Therefore the employee should pay 50% of insurance for 3 months at one time and this will be deducted from the gross salary. The insurance costs will start from the Employee’s arrival date into Korea. Once you are registered for Korean insurance, you must keep it for the entire term of employment. It is not mandatory for foreign teachers to have Health Insurance.
Completion Bonus equivalent to one month’s salary will be paid to the employee upon the successful completion of this contract.
The amount will be paid 2.100.000 won
However, if the teacher fails to complete the full period of one year contract, none of the completion bonus shall be paid according to Korea Labor Standard Law.
Approximately 3.3% per month of the instructor`s salary shall be deducted by the employer as withholding tax. As provided by Korean law.
10. KOREAN NATIONAL PENSION
Instructor will be covered by national pension under the National Pension Service Corporation, Korean Government Organizations. The cost of this coverage will be borne half by employer and half by instructor. Instructor's share of this coverage will be deducted from instructor's monthly salary
VI. EARLY TERMINATION BY EMPLOYER
The employer maintains the right to terminate the contract for clear and frequent neglect of duties under this agreement, including but not limited to unauthorized absences from the place of employment without the approval of the Institute Director, or for the manifest inability to perform the duties under this agreement.
If the employer concludes that the employee does not fulfill the agreement, the employer will terminate the contract with a 30-day written notice.
In this case, the employer's sole obligation to the employee shall be to pay the employee through the date of such early termination his/her earned monthly compensation, and no other benefits. The employee shall reimburse the airfare from his place to Korea if he has not finished 6 months of the contract.
VII. EARLY TERMINATION BY EMPLOYEE
In the event that the employee terminates the contract, he/she should give a 45-day written notice to the employer. In this case, the employee shall reimburse the employer all expenses incurred in anticipation of the employment of employee including airfare, and the recruiting fee on a pro-rated basis.
Criminal, alcohol addict, spiritual disorder or other conduct inside or outside the place of employment that would, in the opinion of the Institute Director, seriously endanger any student or staff, or the reputation of the employer, will be the cause for immediate dismissal and no time for remedy will be allotted.
Upon dismissal, the employer's sole obligation to the employee shall be to pay the employee through the date of such early termination his/her earned monthly compensation, and no other benefits. The employee shall reimburse the employer all expenses such as airfare and the recruiting fee on a pro-rated basis.
Release from contract
Both parties have the right to make the contract null and void under one of the following circumstances:
The health of the Employee is such that it is deemed impossible for the employee to continue carrying out the responsibilities of the position.
Blatant misconduct by Employee either professionally or otherwise. Employee or dependents violate Korean law or; In the event of war, civil strife, or other disturbances or matters that are deemed by either the Employee's government or Korean government as being unusual and of adequate reason for leaving the country, provided that official documents from respective embassies are presented.
Notification Requirement: Employer or Employee may annul the contract by giving a minimum of two 2 months advance notice in writing. In the case of Employer seeking annulment, reasonable and adequate grounds must be provided in order for the contract to be dissolved. Reasonable and adequate grounds for annulment include but are not limited to: blatant or gross misconduct, conducting classes under the influence of intoxicants such as alcohol or illegal drugs, continual tardiness and/or absence from assigned classes. If the Employee desires arbitration, a mutually agreed upon third party must be provided to settle the matter.
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 the Employee leaves the Institution without giving prior notice and without going through the appropriate procedures, the 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.
Joined: 08 Sep 2012
|Posted: Thu Mar 21, 2013 7:18 pm Post subject:
|Employee’s work day begins at 9:30 A.M and finished at 7:00 P.M everyday.
That's what I'm talking about.
Your tax rate is 3.3%, you'll be teaching illegally, jmisurelli. But, there's a positive in that. You can blackmail your employer, threaten to report them to the labor board, and then move to China.
Joined: 18 Dec 2012
|Posted: Mon Mar 25, 2013 11:13 am Post subject:
|Employment Contract for Foreign English Instructor
This Contract is made and entered into by and between
Employer / XXXXXXXXX
Hereafter-called “Employer” /
English Instructor /
Instructor Name /
Passport No :
Resister Address :
Hereafter-Called “Employee” /
The institute ( Employer ), XXXXXXXX wishes to engage the services of the instructor
as an English Instructor. The two parties, in a spirit of friendly cooperation, agree to sign to this
contract and pledge to fulfill conscientiously all the obligations stipulated in it.
1. Length of Employment
The employment period under this contract shall be 12 months starting from April 15, 2013 ending April
15, 2014 . In the case that the beginning date of the contract falls before the legal entry date (as recognized by
the Office of Immigration of the Republic of Korea) the 12 months will begin on the day of your first workday.
2. Work Place
The Employer shall, at his or her discretion, designate the work place. The Employee shall not engage in other
jobs, including part time work or private tutoring during their employment period without the Employer’s
3. Work Hours and Over-time work
1) The workdays of the Employee are Mon through Fri ( 2 – 10 pm). In general, the working schedules will
be changed during the summer and winter vacations but, actual teaching hours shall not be exceeded 25hrs a
week and 100hrs per month.
(1 hour is equal to 60 minutes, 1 class is equal to 40 minutes)
2) If the Employee does not want to work overtime, the Employer shall not force the employee to do so. When
the Employee and the Employer reach a mutual agreement about working overtime, and the Employee does
so, the Employer must pay the Employee for working overtime, according to Article 6 Clause 2.
3) Even though the Employee could work less than 100 hours per month due to lack of classes, the Employee
shall be paid with the mentioned salary in this contract. This is not applicable in the first month.
4. Employee's duties
1) The Employee shall comply with the Employer's regulations and rules under the guide of the Director or
Supervisor of the work place in order to perform their duties.
2) Professional dress and grooming in the work place are essential to maintaining the desired reputation of the
institute. Employer shall establish guidelines for professional dress.
3) Employee must behave in a professional manner during class and when socializing with students outside
of class. Employee should be aware of the cultural background of Korean students and their expectations of
4) The Employee must to try to act in a professional manner as an English teacher acting in this manner
during the whole time that the Employee works for the employer. The Employee shall comply with the laws,
regulations and rules of Republic of Korea and shall not be involved in any illegal activities that might damage
their visa status and the reputation of the Employer.
5) The Employee must observe her/his class schedules. Furthermore, the Employee shall attend staff meetings
and workshops and prepare their classes as required.
6) In the case that the Employee is absent due to unexpected sickness or accident, the Employee is required
to give prompt notice and doctor’s note. If the Employee is absent without the Employer’s permission, then
20,000 won per hour shall be deducted from the salary.
7) The Employee shall use only teaching materials provided by or recommended by the Employer. The use of
supplemental materials is encouraged, but only after the Employer gives prior approval. The Employee shall
submit the next month’s teaching plan at the end of every month.
The Employee shall not reveal information regarding her/his class to other person or to other institutes. In
the events that the Employment was damaged by the Employee’s revealing to others, the Employee shall have
the responsibility for compensating the Employment’s damage.
9) In the event that a dispute arises, both parties shall try to resolve it amicably with understanding of
different cultures and customs.
5. Employer's Duties
1) The Employer shall provide the Employee with full support, shall respect the Employee's dignity and try to
keep their relationship harmonious with the Employee.
2) The Employer shall pay the salary, as stated in this contract, and in case the Employee requests teaching
materials, the Employer shall support these with utmost efforts.
3) The Employer acknowledges the differences of cultures and customs between the two parties. The
Employer shall help the Employee to settle into their new residential and working circumstance. In the case
of the Employee having trouble such as sickness and/or accident, the Employer is responsible for assisting the
4) The Employer shall not infringe on the Employee's privacy. In case the Employee brings disgrace on the
Employer, the Employer shall have the right to ask the Employee to correct the situation.
5) In the event that a dispute arises, both parties shall try to their best to resolve it.
1) The Employee shall be paid 2.1 Million WON per month. Pay period begins on the first day and ends on
the last day of each month and the monthly salary is to be made on the 10th of the following month. The first
salary shall be paid according to the workdays the Employee worked.
The last utility fee shall be deducted from the last salary.
2) Overtime shall be paid at the rate of
3) When the Employee completes the contract without breaking the contract, the Employer must pay a
severance payment equal to one month’s salary. If the Employee does not complete the contract then this
payment would not given.
4) The tax for severance payment and salary must be paid as described the Korean Tax laws. All wages are to
be paid in Korean Won to the Employee’s designated Korean bank account.
1) The Employee will be provided with the non-shared house that is furnished with basic appliances.
2) The following furnishings are provided: bed and sheets, wardrobe, table, chair, TV, refrigerator, gas range,
air-conditioner, washing machine, electric fan, basic cooking facilities and utensils, and basic cleaning tools.
3) Monthly utilities for electricity, water, gas, oil and Internet are the Employee's responsibility. Furthermore,
all the expense regarding his/her meals are also the Employee’s responsibility.
4) The Employee shall be responsible for maintenance of apartment, furniture and equipment. Any damage is
the Employee’s responsibility.
5) Upon completion of this contract, the overdue for monthly utilities for electricity, water, gas, oil and
Internet shall be deducted from the last month salary.
8. Air Fare
Employee will be given an economy class ticket from the point of hire for passage on a regularly scheduled
airline to Korea. In the event Employee completes the full contract period, Employer will purchase for the
Employee an economy class ticket for passage to point of hire, provided the time of termination of employment.
Employee's ticket back to point of departure is given when employee leaves employment.
In the event that the Employee continues employment under a subsequent employment with Employer, the
return air ticket shall be provided at the time of completion of the subsequent contract period(s). If Employee
were fired from the institute before the completion of twelfth months teaching session, employee will not be given
a ticket to the point of departure.
won per hour and paid with salary on the payment day.
9. Paid Vacation and Paid Leave
1) The Employee can get 10 Days (included 3 Sick Days – A doctor’s note should be provided to the Employer)
in total for a paid vacation while the Employee is under the contract. The paid vacation will be according to
the Employer’s schedule, during the period of the contract. National Holidays, Saturdays and Sundays shall
not be included in a paid vacation. If the employee doesn’t take the given-holidays under the contract he/she
shall terminate the contract early for the days that he/she didn’t take for the holidays. (Exception 3 Sick Days)
10. Income tax and Insurance
1) Income tax shall be withheld from the salary at a rate of 3.3 % in accordance with Korean Tax Law. The
Employee shall be provided with the receipts.
2) The employee shall be covered by medical benefits under the Insurance Union. Half of the premium
shall be paid by the employer with the other half paid by the employee.(once/ 1year)
The Employer may cancel the contract due to the circumstances specified below:
1) In such a case as the Employee, or any the Employee's dependents, violates any laws of Republic of Korea.
2) In such a case as the Employee uses drugs, excluding those supplied by prescription, or alcohol during their
3) In such a case as the Employee makes sexual advances or uses overly abusive language and violence towards
students or employees of the institute.
4) In such a case as continuation of working is determined impossible due to the Employee's mental and/or
5) In such a case as there is continued failure to keep regularly scheduled classes and/or the amount of
unexcused absence exceeds 3 days.
6) In such a case as the Employee does not carry out the responsibilities stipulated in the contract.
In case of failure to adhere to the above articles, the Employer shall notify to the Employee the cancellation of
the contract in written form 30 days prior. The plane ticket and the severance payment shall not be given to
12. Modifications and Termination
1) In case of modification, or termination, of the contract both parties must give 30 days prior written notice
after mutual agreement between both parties.
2) In case the Employee’s death, war and/or any accident and that the Employee fails to acquire E-2 VISA,
this contract shall be terminated.
3) The Employee can terminate this contract in the event the Employer does not follow this contract as stated
herein, or in the case that the Employee is assaulted verbally, physically, and/or mentally by the Employer. If
the contract is terminated by this case, the Employer shall give the Employee his/her release form.
4) After Employee is notified with the termination of the contract, the Employee must finish all her/his duties
before the contract is actually terminated.
5) Changes in the contract must be made in writing. Changes without any written form cannot be used as a
basis for termination or court action.
6) In case of termination of contract within 6 months since the employee start to work
(except for unavoidable reasons such as the Employee's serious illness or accident) the Employee is
to return to the institute the cost of the airfare thus incurred. The Employee reserves the right to
deduct this amount from any outstanding pay in order to satisfy this penalty. Aside from this penalty,
the Employer will be obligated to pay all salary due to date of termination.
13. Miscellaneous provisions
1) The governing language of this contract shall be English. The English contract shall govern the translation
into any other language.
2) The Employer and the Employee will act in good faith toward each other. The Employer will not dismiss
the Employee without reasons that are reasonably considered as a good cause and the Employee will do their
utmost to satisfactorily fulfill all the responsibilities and meet all the conditions as described in the above
3) Duplicate copies of this contract are in effect. The Employee retains one copy and the Employer retains one
copies. All copies must have the same beginning and ending dates.
The Employer and the Employee mutually agree on all the articles of this contract. In the event that an
unresolved conflict arises, both parties shall follow the laws of the Republic of Korea to resolve it.
Last edited by CanadaGo4 on Mon Mar 25, 2013 7:37 pm; edited 1 time in total
Joined: 18 Dec 2012
|Posted: Mon Mar 25, 2013 11:24 am Post subject:
|For the above contract that I posted, I'm confused about how many classes I would teach a week and for what length.
It says "25 hours a week" but then says "40 minute classes". How many 40 minute classes would be taught a week?
Joined: 16 Jan 2012
Location: You're the man now dog!!
|Posted: Mon Mar 25, 2013 5:31 pm Post subject:
|Remove all names and addresses of schools
|Hereafter-called “Employer” /
English Instructor /
Instructor Name /
They mention employee several times, but in the beginning they don't. I would make them be consistent and change it so it always stated employee. Employees get benefits independent contractors don't get. 85% good, 15% in the beginning bad in my opinion. It probably won't make much difference but safer to complain about it now than later and find out they aren't (weren't going to) paying into your pension.
|The Employer shall, at his or her discretion, designate the work place.
Partly true, you will report the location to immigration. Make sure you know where it is before signing and where it is located relative to your apartment.
|It says "25 hours a week" but then says "40 minute classes". How many 40 minute classes would be taught a week?
Here's your formula:
|(1 hour is equal to 60 minutes, 1 class is equal to 40 minutes)
So, in theory you could be stuck with 37.5 classes. In reality, you will not see overtime pay but you probably won't be stuck with 37 classes.
I figure 25 on average with 5 more as office hours which can be traded for class time. 30 total. Ask them about this the indirect way. See how they reply. If they automatically say more than 30, then you may not want to take this offer.
|2) Overtime shall be paid at the rate of
Rate of what?
|The Employee reserves the right to
deduct this amount from any outstanding pay in order to satisfy this penalty.
They meant employer I think here.
It doesn't look bad overall. Minor corrections need to be made and you should get a sample of the current schedule. See how you would be scheduled. 100 hours is a lot if they are doing 40 minutes. 90 would be the highest, and that is assuming you taught 30 classes a week. Normally, I would expect 75-85. After that you should get overtime pay. Or, figure 120 class hours (30/week at 40-50 minute classes, not all 50).
Joined: 26 Sep 2012
|Posted: Mon Mar 25, 2013 9:43 pm Post subject:
|Hi all, this is my second contract. Please let me know what you guys think. Thanks!
II. EMPLOYEE REQUIREMENTS
1. The Employee will act in a professional manner and be responsible for conducting professional English Language classes.
2. The employee will be required to work on a regularly set schedule. Working hours may be slightly extended or changed depending on location or session.
The working hours are from 2pm to 10pm for Elementary campuses and 3pm to 11pm for Middle School campuses. <company> working hours will be from 12:30 to 8:30pm, Monday through Saturday. The employee will be required to work 5 days out of the 6 day schedule. If the employee is scheduled to work on a Saturday, one day out of the weekday will be given as time off and this day will be chosen by the campus according to campus schedule.
The regularly scheduled working hours are 9 hours/day in total (8 working hours + 1hour break), however; depending on the campus the working hours may be shortened to 8 working hours/day without an hour break.
The employees will be required to teach 30 hours per week and 120 hours of per month. In special cases, the employee may be asked to work on a national holiday. If this occurs, the employee shall be granted overtime pay(III. 1.3). It is not applicable to events mentioned in section II.4. However, the only exception is the 15th of August which is a Korean national holiday. The 15th of August is regarded as a work day and all employees are required to work on this day. This day will be compensated as a normal work day. The working hours are not applicable to certain cases such as the summer and winter intensive course periods.
3. The employee will work on a different time schedule during the summer and winter intensive semester. The working hours during the summer and winter intensive semester will be extended depending on the location and the campus. The employee is required to conduct classes during the summer and winter intensive semester. If the employee teaches for more than 30 hours a week, the employee will be paid overtime as stated in the contract ( III. 1.3)
4. The employee is required to attend events held by the employer such as orientation, workshops, year- end party, retreats(picnic), academic seminars, etc. An event could be held on a Saturday but it will not be considered as overtime and will not be compensated.
5. The employee must submit the required documents for their visa by the date that both sides have agreed on. If the employee fails to submit the required documents by the due date, the employer is able to change the employee’s position or is able to cancel the contract.
6. All employees will be deducted 200,000KRW from each of the employee’s first three paychecks for a total of 600,000 KRW to be used as a security deposit. This deposit will cover any unpaid services, bills, damage and airfare in the event that the employee fails to pay or fails to fulfill 6 month of the employee’s contract. The employer will hold the full amount of the security deposit until all outstanding fees or bills are paid. The remaining amount will be returned to the employee at the end of the contract. Employees who renew or extend their contract and has already paid the security deposit will not be required to pay the security deposit again.
7. The employee must follow Korean immigration laws and take responsibility for any immigration duties including any immigration fees such as Medical Health Check, Alien Registration Card, Residency Card, Fingerprint scan, and Visa Extension, etc.
III. SERVICES PROVIDED BY THE EMPLOYER
1.1 The employer will pay a monthly salary of2.1m KRW for regularly scheduled hours.
1.2 If the employee fails to work on the set hours due to tardiness, absence, etc.; the employee’s monthly salary will be calculated accordingly and paid using a daily rate and/or an hourly rate.
- The method for calculating the daily rate: Monthly salary divided by 30.
- The method for calculating the hourly rate: Daily rate divided by 6.
1.3 The employee may be asked to teach over 30hours of teaching hours a week or over 120 hours a month. In this case, the employee will be compensated 20,000KRW per hour for overtime work.
1.4 The employer will pay the employee a monthly salary or the total amount owed for work performed in a month on the 10th of every month. In the event that the employee doesn’t start working on the very first day of the month, their working days for that month will be counted from the employee’s first day working on a regular schedule.
2.1 The employee will be provided with a single furnished housing. The housing will be provided at no cost to the employee with the exception of utilities and housing management fees associated with the housing. The employee’s housing will be furnished with basic necessities such as a bed (with bedding), kitchen supplies, TV, desk, and a chair. All accommodations will also come with an AC unit, and a washer. It is recommended that the employee bring some money for the first month of employment. The furnishings are only provided once for new teachers who requests housing from the company.
2.2 The employee has the duty to preserve the condition of the housing and furnishings until the end of this contract. If the housing or the furnishings are damaged or destroyed, the employee must restore them to their original state or pay for the replacement of the same standard of quality. The employee must complete the housing condition checklist during the first week of occupancy. If it is not submitted by the first week, the employee has the responsibility to pay for all of the damages not reported to the campus.
2.4 The employee is eligible to receive 300,000 KRW a month as a housing allowance if the employee does not request housing provided by the employer. The employee must submit a written Housing Allowance Request to receive this housing allowance at the signing of this contract.
3. AIRFARE REIMBURSEMENT
3.1 The employee is required to make arrangements and purchase their entry flight ticket to Korea. Once the Employee passes the medical test and obtains an Alien Registration Card, an amount of up to 1.2 M KRW will be reimbursed to the employee. For the reimbursement procedure, the employee must submit a bank or credit card statement with proof of purchase and flight itinerary to the employer. Upon completion of the contract, the employee is required to make arrangements and purchase their return flight ticket to their native country themselves. However, the flight schedule must be confirmed by the employer before purchasing the flight ticket. Also, the employee must submit bank or credit card statement with proof of purchase and flight itinerary to the employer one month prior to the date the Employee is scheduled to leave the company. The employer will reimburse an amount of up to 1.2 M KRW. If the employee chooses not to receive reimbursement for their return flight ticket, the employee can receive a monetary allowance of 700,000 KRW instead. For the employee hired within Korea, the employee is not entitled for a return airfare reimbursement; however, a monetary allowance of 700,000 KRW is provided at the completion of the contract.
3.2 All employees who renew their contract, whether hired from abroad or within Korea, will be provided with a round trip air ticket of an amount of up to 1.4 M KRW. The employee is required to first make flight arrangements and pay for their round trip ticket and then submit the receipt and itinerary to the employer for reimbursement. However, the flight schedule must be confirmed by the employer before purchasing the flight ticket. If the employee chooses not to receive an airfare allowance of 1.4 M KRW upon renewal of their contract, the employee is entitled to a monetary amount of 1.0 M KRW in place of a round trip airfare allowance.
3.3 If the employee requires a visa-run for employment, the employer will provide the employee with the amount of the expenditures for the visa-run of up to 600,000 KRW (flight, hotel) after submitting the itinerary and receipt to the Employer.
3.4 Any employee who terminates their contract before completing 6 months of their contract period must pay back the employer the amount of the entry air ticket provided by the employer. If the employee was hired within Korea, any fees related to visa-run expenditures (refer to 3.3) must be returned back to the employer. For any employee who renews their contract, but does not complete at least 6 months of their contract period must return to the employer half of the round trip air ticket allowance (refer to 3.2). For any employee who has received a monetary allowance of 1.0 M KRW instead of the round trip air ticket allowance upon renewal of their contract, must return half of the monetary allowance 500,000 KRW (refer to 3.2).
3.5 Flights eligible for reimbursement cannot include a stop over. Also the employer will not reimburse multiple flight tickets to the employee’s destination.
4.1 The employer will provide lodging, if necessary, for the employee’s stay during the orientation and training period at a facility.
5. HEALTH PLAN
5.1 The employer will pay 50% of the premium for the employee’s health plan, which is provided by the employer and is administered through the employer. Participation in the national health plan is mandatory under Korean Law. The employee will be responsible for the remaining 50 percent of the costs.
6. SEVERANCE PAY
6.1 The employer will pay severance to the employee upon completion of their contract period of 12months (or more) with <company>. The severance payment will be in the amount of employee’s final monthly salary times year(s) employed. If necessary, applicable government deductions will apply.
7. PAID VACATION
7.1 The employee may have 10 working days as paid vacation per year. Up to 5 consecutive days may be taken at once. 3 days of Institute-scheduled vacation are counted in these 10 days. 2 of the remaining 7 days are also set to be used to extend the official break period of the Institute during Korean holidays, and if it is not used by the company, it will be compensated as daily wage at the end of contract. No vacation days other than those scheduled by the employer may be taken during the first 3 months of employment. The use of vacation must be approved by the employer at least one month in advance. Days in which the employee does not regularly work i.e Saturdays, Sundays and National Holidays are not to be considered as part of the vacation period. For Middle School campuses, the employee is advised to take vacation during holding periods (student’s mid-term and final exams period). Should the employee request vacation time outside of these periods, the director will check the campus schedule, and will decide it if it is possible or not. The employee will not be allowed to take their vacation during the Summer, and Winter intensive terms, and during the last week of their contract.
7.2 When the employee finishes the contract, the unused vacation will be compensated as daily wage as remained. In case that the employee terminates mid-contract; the employee will be compensated one vacation day per month starting from their fourth month of employment onward. For example, if the employee terminates the contract on the 5th month, the employee will be compensated for 2 vacation days if the employee had not used any vacation days.The unused vacation will be compensated or the over used vacation will be deducted.
8. SICK DAY
8.1 The employee may use up to 5 paid sick days per year provided they bring a proper letter signed by the doctor stating the employee’s symptoms and medical recommendation to be absent from work. Should the employee fail to produce a signed letter from the doctor, a written warning will be issued, and the employee will not receive pay for their absence from work.Also, any additional sick days beyond the 5 days provided will be counted as absences, and the pay will be calculated according to the daily rate/hourly rate.
8.2 No more than two consecutive sick days may be taken at once. And, it cannot be combined or continued with the requested vacation by the employee. In the case the employee becomes sick and is unable to continue work, the employee must report to the Korean head teacher, Foreign head teacher, or director, and should leave immediately to seek medical assistance. The employee must obtain a signed letter from the doctor stating that the employee is unable to return to work. This letter must be presented on the day which the employee returns to work. If the doctor diagnoses that the employee can continue work, the employee must return to their campus and complete their shift. If the employee fails to return to work; or if they fail to produce an appropriate letter signed by the doctor, a written warning will be issued and the employee will not be paid for this unexcused time from work.
9.1 The employee and the employer will make regular contributions to the employee’s pension fund, as stipulated by the rules and regulations of Korean National Pension Corporation. If eligible, the employee will receive a reimbursement of all contributions made by him/herself and the employer upon departure from Korea.
IV. RENEWAL & TERMINATION OF CONTRACT
1.1 The employee must give the employer a written 120-day notice before renewal or non-renewal of the Employee’s current contract.
1.2 Both the employer and the employee reserve the option to renew the contract.
2. TERMINATION OF CONTRACT
2.1 Both parties will give a written notice of at least 60 days prior to the termination date of the contract. If the employee terminates the employment without providing 60 days written notice, (unless otherwise agreed upon by the employer), the employee will forfeit their security deposit and will be held liable for all bills associated with housing, rent, utilities, and management fees for the apartment provided to them by the employer for each day under 60 days. If the employee receives housing allowance and terminates the contract without providing 60 days written notice, the employee will be penalized by forfeiting their security deposit and will be subjected to a fine out of their housing allowance, for each day under 60 days
2.2 The employer retains the right to terminate the contract immediately if:
a. i. The employee is unable to meet the responsibilities or conditions required for employment such as being late for class on a continuous basis (more than 5times/month); continuous failure to keep regularly scheduled class times (more than 3times/month) and repeated absences from classes without a valid reason (more than 3times/month).
ii. The employee is unable to meet the responsibilities or conditions required for teaching. The employee will be observed from headquarters live via CCTV on a quarterly basis. IF the employee fails the teaching observation, the following action plan will ensue:
- 1st FAILED OBSERVATION CONSEQUENCE: TEACHING IMPROVEMENT PLAN
- 2nd FAILED OBSERVATION CONSEQUENCE: PEER TEACHER OBSERVATION/REPORT
- 3rd FAILED OBSERVATION CONSEQUENCE: CONTRACT TERMINATION
b. The employee teaches off the employer’s property.
c. The employee uses illegal drugs or is intoxicated during work hours.
d. The employee participates in any type of criminal activity or corruption of public morals that violates the laws of the Republic of South Korea.
e. The employee receives written warnings from the employer on 3 occasions.
f. The employee tells others about their own employment contract details.
2.3 If, for any reason, the contract is terminated before the full completion of the contract period:
a. The employee will not qualify for benefits such as severance pay and airfare.
b. The employee will wholly be responsible for any utilities/maintenance remaining for the duration of their housing lease as well as the monthly rent until a new tenant is found.
2.4 Within 14-days the employee is required to sign a notice of termination. Employer will notify Korean Immigration office of termination accordingly.
Joined: 16 Jan 2012
Location: You're the man now dog!!
|Posted: Tue Mar 26, 2013 1:06 am Post subject:
|Working hours may be slightly extended or changed depending on location or session.
Location is reported to immigration, so having 2 would be strange unless you had 2 on your ARC card. Find out why this part of the clause is there. Scheduling changes is one thing, but location changes means you need to get permission.
|The employee will be required to work 5 days out of the 6 day schedule.
Do you agree to this? This means they could schedule 4 days (Monday to Thursday) and make you work Saturday. You would have a split weekend.
|The regularly scheduled working hours are 9 hours/day in total (8 working hours + 1hour break), however; depending on the campus the working hours may be shortened to 8 working hours/day without an hour break.
That's 45 hours, how will they justify this?
|30 hours per week and 120 hours of per month.
That's 15 hours discrepancy there. First, they said 45. Now they are saying 30. Have them explain.
|An event could be held on a Saturday but it will not be considered as overtime and will not be compensated.
Would it already be part of your split weekend schedule? If you already got suckered into that, then this wouldn't matter. If it means you lose a 6th day (Monday-Saturday), then you lose one day of pay.
This is called "gouging".
|1.1 The employer will pay a monthly salary of2.1m KRW for regularly scheduled hours.
Too low for the games they are playing. Either 2.4 or they make it a normal Monday to Friday schedule. None of this Saturday special events no pay stuff.
|the employee is required to make arrangements and purchase their return flight ticket to their native country themselves.
This is silly. You and they will be in Korea. Why can't they buy it? It's actually safer for them. One, they can choose the cheapest flight. Second, they know when you will be leaving.
You may actually want them to keep this so you can book a flight after they pay you your pension, last salary pay, and severance.
| For the employee hired within Korea, the employee is not entitled for a return airfare reimbursement; however, a monetary allowance of 700,000 KRW is provided at the completion of the contract.
No, even though they are not entitled to airfare to Korea, they should still be reimbursed for a flight home (return airfare). And, it shouldn't be a reimbursement because the school should be the one getting the ticket.
|3.2 All employees who renew their contract, whether hired from abroad or within Korea, will be provided with a round trip air ticket of an amount of up to 1.4 M KRW.
In this case, maybe they could reimburse because you might not return. Upon returning, you should get your money and agree to work 6 or more months. Otherwise, they should be able to deduct the airfare back to Korea (1 flight).
|3.3 If the employee requires a visa-run for employment, the employer will provide the employee with the amount of the expenditures for the visa-run of up to 600,000 KRW (flight, hotel) after submitting the itinerary and receipt to the Employer.
They should pay 100% if it is a visa run. It is cheaper than getting someone from their home country and the school should know this.
This is more gouging.
A lot of misunderstandings in this contract. You shouldn't take this job.
Joined: 23 Mar 2013
|Posted: Tue Mar 26, 2013 7:10 pm Post subject:
|This is my first contract, so how does it read?
This employment Contract (hereinafter “Contract”) is made by and entered into between
(hereinafter “Employer”), and (hereinafter “Employee”),
Article 1 (Purpose)
This contract is made for the purpose of setting forth the terms and conditions of employment for English teachers to perform services as a teacher
Article 2 (Duties)
(1) During the term of this Agreement, the Employee agrees to cooperate and comply with the instructions and regulations of and carry out those assignments as directed by the Employer. The Headmaster will be responsible for supervising the performance of the Employee in carrying out the duties of the Employee stated in this contract.
(2) While at the school, the Employee must maintain a clean and neat appearance which is appropriate for an educational environment in the view of Employer.
(3) The Employee shall be expected to perform the following duties:
a. Participate in the delivery of the curriculum designed for school as a teacher/facilitator.
b. Give input and feedback regarding Curriculum design and implementation.
c. Participate in the development of educational materials.
d. Participate in out-of-classroom activities for/with students.
e. Participate in evaluation of students.
f. The Employee shall be expected to provide services of up to 40 working hours per week. In special cases the employee is expected to attend staff meetings or workshops outside of the work hours without overtime payment. If any other overtime is required, the Employee shall be entitled to an overtime pay as assigned by school.
(4) Dress code : the Employee shall be aware of the followings;
a. The Employee shall not wear any T-shirts that have beer ads, inappropriate language, etc.
b. The Employee shall not wear flip flops or beach type shoes.
c. The Employee shall not wear hats in class during the day.
(5) Employee shall follow the teacher handbook.
(6) Employee shall teach classes according to the curriculum. If employee wants to change the curriculum, he/she shall ask permission to do so.
(7) Employee shall fulfill all the duties and shall not do anything not related to work during work hours.
( Employee shall actively attend any events or seminars organized by school.
Article 4 (Probationary Period)
The first three months of employment shall be a probationary period during which the Employer reserves the right to breach the contract if the Employee’s performance is not satisfactory.
Article 5 (Resignation)
(1) Employee shall perform the duties set forth under Article 2 herein during the Term of Employment set forth under Article 3 herein.
(2) Employee may terminate this contract by giving one-month prior written notice.
(3) Employer may terminate this contract immediately if employee causes any harm to the school.
(4) In the case of Employee’s resignation or the contract termination, his/her Visa shall be cancelled.
(5) In the case of Employee’s resignation or the contract termination before the end of this contract, he/she will not receive the one-month severance payment provided for herein and he/she shall reimburse the airfare provided by Employer.
Article 6 (Work Hours)
(1) Employee shall work 40 working hours over the course of five (5) days per week, from Monday to Sunday.
(2) Employee shall get to work on time. Three days late shall be regarded as one absence and salary shall be deducted.
(3) More than 2 tardies per month will constitute a letter of reprimand in the teacher’s personnel file.
(4) Employer may adjust the day to day working hours within the 40 hours
Article 7 (Salary)
(1) Employee shall be paid the total amount of 2,200,000 KRW per month. However, Korean income tax, health insurance and the national pension contribution as required under Korean law shall be withheld each month from Employee’s salary. (50% of the national pension and health insurance shall be subsidized by Employer)
(2) Employee’s salary shall be paid on the 5th day of the next month. If this day falls on a National Holiday, Saturday or Sunday, the salary will be paid on the immediately preceding business day and this includes any resignations or terminations of contract.
(3) Employer does not have any responsibilities to pay in advance.
(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 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) In the case of contract renewal, Employer may raise his/her salary depending on performance evaluation.
(7) Employee will receive the salary stated in this contract. No extra salary shall be paid unless mutually agreed upon.
( Employee should not share any information related to their salary with co-workers. He/she will be responsible for any troubles caused by sharing information.
Article 8 (Renewal)
(1) The term of Employment stated in Article 3 hereof may be renewed for another year by mutual written agreement between Employer and Employee.
(2) Upon acceptance of contract renewal Employee may elect to postpone his/her start date by up to one week. If this postponement involves travel back to his/her home country, Employer shall pay for round air tickets between the nearest International Airport from city, state and country of contract’s origin and Korea. Airfare will be paid in the following fashion: Round trip tickets to Korea will be reimbursed after Employee’s travel to his/her home country.
(3) If Employee elects not to postpone his/her start date, Employer shall pay compensation for the roundtrip airfare up to 1.0M KRW.
(4) If Employee goes back to his/her country after the expiration of the Term of Employment set forth under Article 3 hereof without renewing this Contract, he/she shall be given an economy class one-way ticket.
Article 9 (Housing)
(1) Employer shall provide Employee or married couple with housing selected by Employer. The Employer will also provide some appliances and furniture. Employee shall not request or demand any other appliances or furniture.
(2) Employee shall take the responsibility for the maintenance and repair for the housing, appliances and furniture.
Article 10 (Other Benefits)
(1) Employer shall provide Employee with 50% of medical insurance pursuant to the National Medical Insurance Act of Korea.
(2) One-month salary will be given as a severance payment after completion of the one- year contract.
(3) Round trip air tickets will be offered at least expensive rate.
a. Teacher hired outside of country – Employer shall pay for return airfare between the nearest International Airport from the Employee’s place of residency and the International Airport in Korea. Airfare will be paid in the following fashion: A one-way ticket to Korea will be reimbursed within 10 working days and at the end the employment contract a one-way ticket to the port of departure will be provided.
b. Teacher hired inside of country – Employee hired inside of county shall have the Visa trip to Japan (round trip air tickets) reimbursed by the Employer. At the end the employment contract a one-way ticket to the Employee’s foreign residence will be provided.
Article 11 (Vacation)
(1) During the Term of Employment set forth under Article 3 hereof, Employee shall be entitled to 5 working days of paid vacation plus one week at lunar New Year’s Day, one week during the first week of March and one week at Korean Thanksgiving Day.
(2) Employer may assign the dates for vacation; otherwise Employee shall apply for and obtain Employer’s consent to take a leave at least thirty (30) days in advance.
Article 12 (Sick Leave)
(1) Employee shall be entitled to 5 days of paid sick leave if an illness or injury prevents him/her from performing the duties under this contract, provided, however, that he/she obtains Employer’s prior consent.
(2) If Employee should be sick and unable to fulfill his/her teaching responsibilities he/she should find a replacement among the teaching staff and notify the supervisor at his/her work place in advance.
(3) When Employee takes a sick leave, Employee shall submit a doctor’s medical report to Employer.
Article 13 (Special Leave)
Employee may take a Special Leave for a number of days as set forth below for each of the following events as regulation applicable to employer:
(1) Seven (7) business days for Employee’s marriage
(2) Five (5) business days for death of Employee’s parents or spouse
(3) Two (2) business days for the death of Employee’s child.
Article 14 (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 the codes of conduct applicable to school
(2) Employee shall not engage in any other job (including part-time work) during the Term of Employment set forth under Article 3 herein.
(3) Employee shall not be involved in any activities which may disrupt the educational activities.
Article 15 (Termination of the Contract)
(1) Employer may terminate or cancel this Contract upon occurrence of any one of the following events;
a. If it’s determined that Employee is considered to be lacking in teaching skills: This is judged by a personnel committee consisted of the President and Headmaster of school and anyone who they have appointed to represent them.
b. If Employee fails to get a score of more than 70/100 points from the supervisor at his/her work place.
c. If Employee violates the laws of the Republic of Korea.
d. If Employee fails to perform continuously his/her duties for a period of more than three (3) days without any excuse.
e. If any of the information provided in the Employee’s application is either untrue or inaccurate.
f. If it is determined that the Employee is prevented from or incapable of performing his/her duties as set forth in Article 2 hereof for a medical reason more than one month, whether it is a physical or psychological ailment.
g. If Employee is unable to meet the conditions as described in the employment contract and therefore receives written warning more than three times from Employer.
h. If Employee is sentenced to a term of imprisonment (or any other more severe penalty), Employee shall automatically be dismissed and Employer will not provide any financial compensation.
i. If Employer receives reduced or no funding for a specific program for which the employee was hired.
j. If Employer has to close.
(2) In the event of an Employee breach of the contract, he/she is required to give notice one month in advance. Severance payment will not be paid. In addition, the one-way airfare reimbursed for the flight to Korea must be returned. Employer will not be liable for costs of the return trip to his/her place of origin under any circumstances.
Article 16 (Indemnity)
Employer is not responsible for any negligent, intentional or illegal activity done by the Employee during the Term of Employment under this contract.
Article 17 (Applicable Law and Venue)
This Contract and each and every provision hereof shall be interpreted pursuant to the laws of the Republic of Korea and any dispute hereunder be resolved.
Article 18 (Signature)
In witness whereof, the parties hereto sign the Contract in triplicate on the date entered below with each party retaining one copy and submitting the third copy for Employee’s visa application.
Joined: 16 Jan 2012
Location: You're the man now dog!!
|Posted: Tue Mar 26, 2013 9:07 pm Post subject:
|f. The Employee shall be expected to provide services of up to 40 working hours per week. In special cases the employee is expected to attend staff meetings or workshops outside of the work hours without overtime payment. If any other overtime is required, the Employee shall be entitled to an overtime pay as assigned by school.
See how this relates to your teaching schedule. Some schools have 40 in the contract but only require you to work or be at the school for 25-35.
|Article 4 (Probationary Period)
The first three months of employment shall be a probationary period during which the Employer reserves the right to breach the contract if the Employee’s performance is not satisfactory.
3 months is a long time. I would want 1 month, but some argue you can't get benefits or win claims till after 6 months. This is just gossip on the threads, I have no personal experience. If you agree to this then prepare for what you would do after 3 months if you were to have to leave. They would probably want airfare to Korea back and if you left Korea you would have to pay for it as well.
|(1) Employee shall work 40 working hours over the course of five (5) days per week, from Monday to Sunday.
This is a terrible clause. This means they could schedule you to work any of the 7 days. The previous contract reviewed had something similar but didn't mention Sunday. Up to you though. Do you want them to pick any 5 days?
There are jobs out there where you can work Monday to Friday and get a later shift on Monday and an earlier one on Friday making it feel like a 3 day weekend.
|(4) Employer may adjust the day to day working hours within the 40 hours
Again, how are they going to do this? It seems like they want to have 40 hours available to pick and choose from, but you will not be actually at the school for 40 hours. Keep this in mind and question them about an example schedule. Then you will see where the hours are that you have to work. Decide from there.
|(6) In the case of contract renewal, Employer may raise his/her salary depending on performance evaluation.
And you never have to sign a second consecutive contract for a second year with the same school if that school doesn't raise your salary. It's normal and should be expected. Perhaps after 5 years or so you will have made it worthwhile for them to hire a new teacher, but a second year definitely should come with a raise.
|(2) If Employee should be sick and unable to fulfill his/her teaching responsibilities he/she should find a replacement among the teaching staff
Yes, you should try to find someone to substitute for you, but the responsibility in the end is the school's to get a teacher. This type of thing I don't recommend putting in contracts.
If you aren't sick and you plan on being absent the following week, then of course you should notify the school and it would be helpful to solve the problem by getting a substitute.
|b. If Employee fails to get a score of more than 70/100 points from the supervisor at his/her work place.
This is kind of silly rhetoric. How do you know what a point represents? What if you and the supervisor simply don't get along? I have seen this on both sides, where I was removed or a friend was removed because it wasn't their teaching but rather a personal conflict which had nothing to do with the visa they came to Korea on.
These kinds of clauses just make me want to skip the offer and move on to something else. Apparently, they have a list of teachers and you will all be competing to appease the upper management. This isn't a job where the school owner will talk directly with you and work out problems when they come up. Problems will always come up. It's how you deal with them that makes or breaks a job. If you are good at following orders, holding back your input, then this might be the job for you. I could never do it.
Overall, this contract has some good points and some bad points. I would have to actually visit the school before I recommended it. A few slippery parts make it worth avoiding. If you don't mind them, go for it.
Joined: 10 Mar 2013
|Posted: Mon Apr 01, 2013 9:23 pm Post subject:
|Hey all, this is my first time teaching in Korea. If anyone could look over this contract and let me know what they think, I'd be much obliged.
This EMPLOYMENT AGREEMENT has been made this April 2nd, 2013 by and between __; a Korean company having its office at ___(hereinafter referred to as "employer") and ___ (hereinafter referred to as "employee").
Employer and employee, in consideration of the mutual promises and covenants contained herein, agree as follows:
1. Employee hereby accepts Employment from employer to teach the English language in the form and manner and under the terms and conditions set forth here in this agreement.
2. The "Place of Employment" is at the address above. Employee may be required to teach outside the place of employment. In such case, employee will be reimbursed for travel expenses incurred beyond those expenses normally incurred in travel from the employee’s home to the place of employment.
3. Term of Agreement
3.1 The "Term of this agreement" shall include twelve(12)full and consecutive teaching sessions, and all scheduled vacations and holidays, which fall between or during teaching sessions. The total term of this agreement is approximately twelve months, commencing from April 29th, 2013 and finishing on the last day of April 2014 session
3.2 Employee agrees to discontinue residence in Korea under the visa status sponsored by employer within five days of termination of employment.
3.3 Periods of employment of employee beyond that covered by this agreement must be agreed to by employee and employer, in writing, at least two months before the expiration of the term of this agreement.
4.1 During the term of this agreement, the employee will be required to prepare to teach and carry out all required administrative duties connected with classes assigned by the employer. No regular schedule of work hours can be guaranteed to employee. Employee agrees to attend meetings and training workshops to inform employee of matters relating to employee’s duties and the institutes operation or to assist in employee’s professional development. No payment in excess of or in addition to employee’s monthly salary will be made for attending meetings or workshops scheduled by employer.
4.2 To meet the minimum teaching requirement of this agreement, the number of teaching periods shall be 100 teaching hours (1 hour= 60 mins.). The number of scheduled teaching days does not include weekends, public holidays and scheduled vacation days.
4.3 The employer will have the authority to require employee to perform any classroom duties in excess of the minimum teaching requirement (such excess hereinafter called "overtime"), but the employer will not have the authority to require employee to teach more than 120 teaching hours each month, unless employee consents there to.
Only teaching classes in excess of the minimum teaching requirement and approved by the employer are considered overtime. Employee will be paid at the rate of 20,000 Won for each teaching hour as overtime payment
4.4 The employer has the authority to assign employee some non-teaching hours, within the limits on total work hours set forth herein above.
4.5 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.
4.6 Employee agrees to dress appropriately at all times when teaching or when present on the premises of the place of employment and to follow the advice, directives and policies of employer regarding what constitutes appropriate dress.
4.7 Employee understands and agrees that, at all times during the term of this agreement, employee will strictly adhere to and obey all laws, regulations, provisions, instructions, and guidance from the Government of Korea or any local government or officials thereof.
4.8 Employee agrees to be present at the place of employment at least one hour before the commencement of each days allocated teaching schedule to allow time for organization of teaching materials and preparation for the days lessons.
5. Compensation and Other Treatment of Employee
5.1 Transportation: Employer will provide for employee an economy class ticket for passage to Korea from an international airport which is mutually agreed to by employer and employee (henceforth referred to as point of departure). On completion of the full contract period (1 year), employer will provide for the employee an economy class ticket for passage from Korea to point of departure. The return air ticket will be provided at the time of termination of employment. In the event that the employee continues employment under a subsequent employment agreement with employer, the return air ticket will be provided at the time of completion of the subsequent contract period(s). Air tickets provided cannot be exchanged for cash equivalents or transferred to persons other than the employee. Employer does not agree to, and is not liable for, compensation to employee, whether in cash or otherwise, for air ticket (s) which are not used by employee.
5.2 Orientation and training: Shortly after arrival in Korea, employee will be required to undertake orientation and training intended to provide employee with the requisite familiarity with institute operation and policies and to ensure that employee possesses adequate knowledge and skills related to duties of employment.
5.3 Salary: Employer will pay employee as compensation for all services rendered a monthly salary of 2,100,000 won for each month of the contract period with employer. Salary includes legal allowance which is fixed by law. Salary will commence from the first day of teaching. Payment for part of a month of employment will be calculated on the number of days employed. Payment of the aforesaid salaries will be made in Won. Korean income taxes and Korean National Pension Scheme deductions will be withheld. Monthly salary payments will be made on or before the tenth day of the month following the month during which the employment services were provided.
5.4 Severance Payment: Dependent upon completion of the full contract period (1 year), the employee will be given an additional regular monthly salary payment. Korean severance tax will be withheld. In the event that the employee does not renew or extend employment under a subsequent employment agreement with employer, this payment will be made at the time of completion of the contract period.
5.5 Holidays and Vacation: Employee will be entitled to observe public holidays and receive vacation days during the contract term according to a yearly schedule provided by employer before the commencement of the year to which the schedule refers. There are at least 9 vacation days in each calendar year (January-December). Public holidays and vacations can only be taken as scheduled.
5.6 Absence from Duties: Salary is not maintained when employee is absent from teaching duties. Employee is entitled to 2 paid sick days. In the event that employee is absent from duties for whatever reason, monthly salary will be reduced according to the length of the absence. Reductions will be based on basic salary rate. Transference of teaching duties by employee to persons other than employee is not possible without the permission of employer
5.7 Emergency Leave: Employee will be eligible to receive up to five (5) days of paid emergency leave in the event of death or up to four (4) days of paid emergency leave in the event of serious illness in employees immediate family. The immediate family of employee for the purpose of this paragraph will include only parents, grandparents, grandchildren, spouse, children, brothers and sisters. Such emergency leave will be granted at the sole discretion of employer. The employee will bear the cost of transportation in the event of a need for emergency leave. Payment for emergency leave will only be made in the event that the employee resumes duties with the employer.
5.8 Medical Insurance: 50% Health Insurance Fee Sponsorship ; Employee will be covered by medical benefits. The cost of this coverage will be borne half by employer and half by employee. Due to requirements from the immigration and taxation departments, coverage will commence approximately 3-4 weeks after arrival in Korea.
5.9 Pension: Korean National Pension will be withheld monthly from employee’s salary(4.5% of salary) according to Korean law. Under current Korean tax regulations/tax treaty with the respective counties full time contract employees holding passports from the United States and Canada shall receive the accumulated pension tax payment made each month over the course of employment at ___ plus the equivalent co-payment made by employer directly from the Korean National Pension tax Office(http:www,npc.or.kr). Employees who hold passports from the UK, Australia, New Zealand , Ireland and South Africa may inquire with their home countries tax office on the current tax treaty bylaws with Korea and means of receiving reimbursement or credit for paying into the Korean pension tax fund.
5.10 Accident Compensation: In the event that employee sustains injuries from an accident or mishap during the course of normal work duties, or within the premises of place of employment, employer agrees to pay all medical and hospital costs which are in excess of those covered by medical insurance.
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.
5.11.1 Employer will select and provide a furnished single housing studio for employee. Furnishings provided by employer for employee will include: kitchen table, chair, gas hotplate, refrigerator, telephone, television, video player, washing machine, bed, dresser, fan, air conditioner and kitchen utensils. Employer supplies pillow, pillowcase, bed sheets. Employee will not be held responsible for furnishings/items that need repair or replaced due to normal wear and tear. In the case items are damaged through neglect or destruction by employee or his/her visitors then the cost of repair or replacement will be borne solely by the employee. Employee will be responsible for maintaining the accommodation in the same order employee received it under which shall include cleanliness of all living quarters, kitchen, kitchen sink, bathroom and furnishings. In the event employer must hire a cleaning person to restore employee’s accommodation the cleaning fee will be deducted from employee’s salary or housing deposit.
5.11.2 Employee is responsible for all maintenance, utility and telephone charges for accommodation.
Maintenance and utility charges will depend on employee’s usage.
5.11.3 Employee agrees to pay employer a housing management deposit to cover unpaid monthly service, utility, and telephone charges. Such deposit amounting to 600,000 won and being payable to employer in three equal installments will be deducted from the salary during the first three months of employment with employer. Dependent on written guarantee from a guarantor acceptable to employer, employer agrees that the deposit will be returned, in full, to the employee at the time of completion of employee’s period of employment with employer, including any period of employment beyond that covered by this agreement. In the absence of such written guarantee, employer will hold the full amount of the deposit until all outstanding monthly service, utility, and telephone charges have been paid. In the event that employer makes payments covering monthly service, utility,
and telephone charges on behalf of employee, the amount of such payments will be deducted from the deposit and the remainder of the deposit returned to employee.
Employer agrees that payment of remaining amounts of the deposit will be made to employee within ten days after all outstanding monthly service, utility, and telephone charges have been paid.
6. Dismissal or Voluntary Resignation
6.1 Employer will have the right to dismiss employee for unwillingness or inability to meet conditions of employment as set out under this agreement, including neglect of duties. Prior to any such dismissal, employee will be warned of dissatisfaction with performance or conduct and will be afforded an appropriate period in which to remedy the same.
6.2 Employer will have the right to dismiss employee for conduct seriously jeopardizing any student or staff person, or for criminal activity. In such instances, employer has the right under this agreement to execute immediate dismissal and no warning nor time for remedy need be allotted.
6.3 In the event that the employee is dismissed, or in the event that the employee voluntarily resigns prior to the termination of the term of this agreement, employer will be obligated to pay all salary due to date of termination. Employer will have no duty and will not be obligated to pay the cost of return transportation to point of departure for employee, nor will employer be obligated to pay any severance pay.
6.4 In the event that employee resign prior to the termination of the term of this agreement, employee agree to reimburse employer liquidated damage fees in lieu of all initial cost incurred by the employer. In the event employee resign within the period of 90 days employee agree to reimburse damage fees of 2.0 million won or in the event employee resign between 90days and 180days employee agree to reimburse only the airfare.
6.5 In the event that war, civil disturbances, or political conditions prompt a directive from the government of the Republic of Korea or the government of employee’s citizenship to leave Korea, this employment agreement will be terminated as of the date of such directives. In such case, employer will provide to employee an air ticket to point of departure, irrespective of length of employment period. All salary due at date of termination will be paid. Pro-rated severance pay will be given for periods of employment of less than twelve months
7.1 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. Failure to comply with this article is cause for immediate dismissal.
7.2 Employee hereby agrees, covenants, and undertakes that he/she will not disclose teaching materials, syllabus details, or any other information relating to the academic program, whether verbally or in written form, to individuals or corporate entities not employed by employer.
7.3 Unless agreed to in writing, 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 employees 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.
8. Merger Clause: This agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof, and supersedes all previous negotiations, commitments, and writings with respect hereto. No modification of this agreement will be binding or have any legal effect unless set forth in a written agreement amending this agreement and signed by both parties hereto. Furthermore, this contract nullifies and voids any previous contract between the two parties.
9. Indemnification Clause: Employee will indemnify and hold harmless employer and employers representatives from any damages which employee may sustain, in any manner, through the misconduct or negligence of employee
10. Waiver: The failure of either party at any time to enforce the terms, provisions, or conditions of this agreement will not be construed as a waiver of the same or of the right of such party to enforce the same.
11. Governing Language and Jurisdiction: This agreement has been drawn up and has been executed in the English language; and the English language text of this agreement will govern and prevail over any translation thereof. 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.
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.
Joined: 16 Jan 2012
Location: You're the man now dog!!
|Posted: Tue Apr 02, 2013 2:01 am Post subject:
|Employee may be required to teach outside the place of employment.
Make sure you understand what they mean by this. Ask them, find out a sample schedule. Generally, you don't want to go to different locations on the same day because that means 4 or more ways of traveling. They won't realize this and expect you to foot the bill if you come back on your second trip. Will you stay at the workplace? Will they send you to the apartment? If they only take you to the school and you want to go home after the 2nd trip (return trip from the first school), then you have to go home. This becomes an issue when you live in the opposite direction of the school and the location you are to go to if it is further out from your apartment than the school. That means You will have 6 ways of traveling a day and have to pay 1/3 the ticket fares/rides.
I have done this before and I ran into this problem. I/We had to wait 10 to 20 minutes for other teachers (foreign and non-foreign teachers) to show up at some meeting place. They could have just had half of us work at one location the whole day. The other half would work at the other location.
|4.4 The employer has the authority to assign employee some non-teaching hours, within the limits on total work hours set forth herein above.
But they haven't mentioned how many classes. They only said 1 hour = 60 minutes. You should already know this. What you don't know is how many classes a week you should teach. This will determine overtime.
|5.2 Orientation and training: Shortly after arrival in Korea, employee will be required to undertake orientation and training intended to provide employee with the requisite familiarity with institute operation and policies and to ensure that employee possesses adequate knowledge and skills related to duties of employment.
How long? 5 days or more, you should be paid something. It won't be much but you should get something. If it is just 2 days don't use it as a deciding factor.
|employee agree to reimburse employer liquidated damage fees in lieu of all initial cost incurred by the employer. In the event employee resign within the period of 90 days employee agree to reimburse damage fees of 2.0 million won or in the event employee resign between 90days and 180days employee agree to reimburse only the airfare.
This 15% valid. Normally, the only thing you lose is the airfare to go to Korea. What is "liquidated damage fees"? That sounds like the school is going under, so you left before the expected date (which would be a wise move). If you just decide to leave and another teacher replaces you, there is no liquidation concern and no damages.
In fact, you might be making the recruiter money because they will be trying to find a 2nd school for you and can get a 2nd commission.
I am not sure about this contract. It seems like 80% was written by a very sensible lawyer. The other 20% is just confusing mumbo jumbo to get your goat when you leave. Perhaps this is a bad school and they want a lawyer to draft a contract so they can REALLY stick it to ya when you do a midnight runner.
However, if the school is good and honest, you won't encounter any of the 20% you are worried about. Your gamble. If you are abroad you lose out on airfare. If you are in Korea, you should visit the school, shake the school owner's hand, and see how it goes. Go from there.
Joined: 20 Mar 2013
|Posted: Tue Apr 02, 2013 7:26 am Post subject:
|Hi you guys. I just received a contract from a school called Kids Bene in Jamsil. I was wonder what you guys think of the contract because i am uncertain about taking the job.
Name of Employee:
Country of Citizenship:
Date of Birth:
This is an agreement between and Kidsbene.(이것은 원어민 선생님과 키즈베네에서 동의하는 사항 입니다.) The employee agrees to teach students at the school at the times designated by the institute management, and agrees to develop and present educational programs for the students. (원어민은 키즈베네가 지정한 시간에 학교에서 학생들을 가르치는 데 동의하고 개발하며 학생들을위한 교육 프로그램을 제시 동의합니다.) The employee agrees to follow and comply with the School's policies and guidelines during the period of this agreement. (원어민은 본 계약의 기간 동안 학교의 정책 및 지침을 준수하는 데 동의합니다.)
2. CONTRACT DURATION(계약기간):
(A) It is hereby agreed between the school and the employee that the employee shall teach at the school for one and half year, starting from , 2013 (The starting date of the contract is the first teaching day of the employee) till
Mid of April, 2014) (이것은 키즈베네와 원어민 사이에, 2013년 월부터 2014년4월 중순까지 키즈베네에서 부터 가르친다고 합의된 사항입니다.- 계약의 시작 일은 원어민의 첫 번째 수업 일입니다. ) If the employee wishes to renew his/her contract at the end of one year, he/she must inform the school three months prior to the end of one year's service, and the contract may, if both parties agree, be renewed at that time for another year by mutual agreement. (만약에 그 / 그녀가 계약을 갱신하기를 원하는 경우, 그 / 그녀는 계약 만료 세달 전에 알려주셔야하고, 원어민과 키즈베네가 동의하는 경우 상호 합의에 의해 다시 계약이 됩니다.)
3. RESPONSIBILITIES OF EMPLOYEE(원어민의 책임들):
(A) The employee's working hours shall be determined by the school's schedule.( 원어민의 근무 시간은 학교의 스케줄에 의해 결정됩니다.) Teaching schedule can be changed by the school’s circumstance. (교육일정은 키즈베네 상황에 따라 변경될 수 있습니다.)
(B) The employee is responsible for familiarizing him or herself with all institute materials relevant to teaching.(원어민은 키즈베네에 있는 모든 교구들과 그 외의 물건에 관해 책임을 갖고 수업에 임합니다.) The employee shall faithfully teach and train students at the School. (원어민은 아이들을 충실하게 열심히 가르칩니다.)
(C) The employee is required to control the students during Friday field trips. This entails: keeping them in line, keeping them in your sight at all times, and avoiding student injuries, frequent bathroom checks, and helping other teachers with their students if necessary. (원어민은 매주 금요일 필드트립을 나갈 시, 반 아이들을 컨트롤 해야 한다: 아이들이 줄을 잘 설수 있게 도와주고, 항상 시야에 있어 위험사항이 일어나지 않도록 해야 하며, 아이들이 다치는 것을 사전에 방지하고, 우리 반이 아닐 때에도 다른 선생님이 도움이 필요할 때는 도와주어야 한다)
(D) The employee is required to tutor the director or director’s daughter after 3pm during the employee’s unscheduled time (원어민은 수업이 끝난 오후 3시부터는 방과후 수업이나, 원장님, 또는 원장님 자녀를 과외 해 주어야 한다)
(E) The employee is expected to care for the students in Kidsbene by changing their diapers, fixing their hair before they return home, frequent bathroom checks, brushing their teeth, changing their clothes for afternoon sports programs, completing their art projects and science projects.
(원어민은 아이들의 기저귀를 갈거나, 머리를 다시 빗어주거나, 화장실에 같이 가주거나, 이를 닦거나, 방과후 스포츠 수업이 있을 시 옷을 갈아 입혀 주거나, 미술 작품이나, 과학 실험을 마치는 것들을 해야 한다.)
F) The employee must prepare lessons BEFORE the class period. The Employee is not allowed to prepare DURING the class period. (원어민은 수업이 시작하기 전에 항상 수업 준비가 되어 있어야 하며, 수업을 하는 도중에는 컴퓨터를 쓰며 수업 준비를 해서는 안 됩니다.)
4. EMPLOYEE'S SALARY(원어민 급여):
(A) The employee's total monthly salary shall be 2.1M (first year) (원어민의 한달 급여는 2.1M/ 원입니다.)
(B) Teaching hours will be a maximum of 35 hours per week. (일주일 35시간 가르칩니다.)
(C) Working hours are from 09:00 AM – 6:00 PM; including teaching hours, preparation time, and the teacher is required to be present at the School for the entire work day. (하루에 일하는 사간은 가르치는 시간, 수업준비 시간을 포함해서 오전 9시부터 오후 6:00까지 이며 모든 원 안에서 진행되는 업무 일은 참해야 합니다.)
The employee is not allowed to leave the school grounds during their break time, unless it is for urgent matters. When the school has to prepare for special days, such as Halloween, Sports Day, and Performance Day, etc., the teacher should help the other staff with preparations, and this may occasionally go outside of regular work hours. There will be no overtime pay. (할로윈이나 체육대회, 발표회 같은 특별한 행사가 있을 경우 원어민 또한 한국 선생님들을 도와 준비해야 하고, 그 일로 인해 일하는 시간이 지날 경우에라도 도와야 합니다. 추가 급여는 지급되지 않습니다. (These special circumstances do not constitute as overtime unless they occur more than 1 or 2 times per month (see miscellaneous section for further details) therefore, the employee will not be receiving overtime pay as compensation during this time. (원어민은 한달에 1 또는 2 회 이러한 특별한 상황으로 연장전을 구성하지 않고 추가 급여는 지급되지 않습니다.)
(D) The exact time table of classes may be changed by the employer according to the needs of the students. (키즈베네 수업은 아이들의 필요에 따라 원에서 바꿀 수 있습니다.)
(E) On completion of ones responsibilities of the full contract period, the severance pay, __2.1____ million won, will be paid only at the completion of the contract. (모든 이에 원어민들이 책임을 다한다는 계약을 완료했을 경우 전체 계약 기간, 퇴직금, __210만____원의 것들이 지급됩니다.)
(F) If the employee teaches after 6, overtime compensation at the rate of 20,000 won/hour shall be paid for those hours. (만약 원어민이 6시 이후에 수업을 했을 경우 한 시간에 2만원씩 급여하게 됩니다.) Teaching preparation and other teaching related duties such as staff meeting, test evaluation, writing report cards, making teaching supplies, etc are considered as teaching and you are required to do these works during working hours. (교육 용품 만들기, 성적표를 작성, 수업준비 및 회의, 시험 평가 등의 교육 관련 업무를 등의 참여도 합니다.) (See miscellaneous section)s
(G) The employee's salary will be paid on the 10th of every month. The employee will get paid on the 10th of the following month for work done the previous month. For example, the employee will get paid for the month of October on November 10th, and so on. (원어민 급여는 매달 10일에 지급이 되며, 1일부터 30일까지 일한급여가 다음달 10일에 지급되는 것을 의미합니다.) 한달 급여는 항상 같은 날짜여 지불됩니다.)
(H) There will be 4 parent orientation meetings on Saturday for which the employee is required to be in attendance. No overtime pay will be provided. (1년 반 동안 총 4번의 부모참여 오리엔테이션이 있을 예정이고, 원어민 또한 참여해야 하며 추가 급여는 지급되지 않습니다.)
(I) The employee is expected to ride the shuttle bus in the mornings and in the evenings. During this shuttle bus ride, the employee is expected to help the children on and off the bus and greet the parents. (원어민은 일하는 시간 내에 셔틀버스를 탈수 있으며, 탈 경우에는 차에 내려서 아이들을 안전하게 내려주고, 부모님들을 반갑게 웃으며 맞이해야 한다)
5. AIRFARE TO KOREA(한국 운임):
Return airfare to the employee's home country shall be paid by the school upon completion of the contractual teaching period. (계약이 끝나고 난 후에 돌아가는 비행기 테켓은 원에서 지불합니다.) Return airfare will not be provided if the employee leaves the school prior to completion of the teaching period. (계약기간이 끝나지 않았는데 돌아가야 하는 경우 원에서 티켓을 지불 하지 않습니다.) If the employee terminates the contract for any reason, the employee is responsible for reimbursing the school for the cost of the plane ticket to Korea and the recruiting processing fee. (원어민은 어떠한 이유로든 계약을 종료하는 경우, 원어민이 한국 비행기 티켓의 가격에 대한 책임이 있고 리쿠르팅 비용 또한 지불해야 합니다.)
6. HOUSING(주택 공급):
(A) The school provides an accommodation, free-of-charge to the employee. You are going to have a single housing. (키즈베네에서 원어민이 묵을 수 있는 집을 제공합니다. 혼자서 사용할 수 있는 집을 제공합니다 .)
(B) The employee's apartment furnishings shall include: basic cooking utensils such as pots pans and dishes; a refrigerator; a bed with clean linen; a closet, TV, and, air conditioning, etc. (직원의 아파트 가구는 포함한다: 냄비의 냄비 요리와 같은 기본적인 조리기구, 냉장고, 깨끗한 리넨과 침대, 옷장, TV, 그리고, 에어컨 등)
(C) Costs for all monthly bills other than rent, including utilities, electricity, heat, water, Internet, cable TV and building management fees shall be borne by the employee. (유틸리티, 전기, 열, 물, 인터넷, 케이블 TV 및 건물 관리 수수료를 포함한 모든 월 청구서 집세 이외에 대한 비용은 직원이 부담하여야한다.)
(D) The employee's apartment furnishings shall include: basic cooking utensils such as pots pans and dishes; a refrigerator; a bed with clean linen; a closet, TV, and, air conditioning, etc. (. 직원의 아파트 가구는 포함한다: 냄비의 냄비 요리와 같은 기본적인 조리기구, 냉장고, 깨끗한 리넨과 침대, 옷장, TV, 그리고, 에어컨 등)
7. VACATION and SICK LEAVE(방학, 병가):
The employee shall enjoy 10 days of paid vacation (1 winter vacations and 1 summer vacation) in addition to all Korean national holidays and Saturdays and Sundays. (원어민은 정규 한국 휴일과 토요일 일요일은 제외한 10일 (겨울방학1번, 여름방학1번)을 쉴 수 있습니다.) The exact dates of vacation will be designated by the school. (10일에 관한 휴일의 정확날짜는 원에서 정합니다.)
Documented sick leave and emergency leave will be paid for a combined total of 3 working days a year. (원어민은 총3일의 병가를 낼 수 있습니다.) The employee should provide the institute with as much advance notice as possible. (원어민은 최대한 빨리 사전에 키즈베네에 알려야 합니다.) The employee should submit a doctor’s prescription to the school for approving sick leaves. (원어민은 병가를 내기 위해서 의사의 처방전을 제출 해야 합니다.) Unused sick leave may not be converted into any cash payment. (사용하지 않은 병가는 현금 결제로 전환되지 않을 수 있습니다.) 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 subtracted from the following months pay. (만약에 원어민이 병가나 특별한 일로 인해 일을 못한다고 했지만 그것이 사실이 안일 경우, 그 다음달 급여에서 제하게 됩니다.) The above leaves will be included in the period of medical care compensation according to the Article 78 of Korean Labor Standard Law. (한국의 노동 기준법의 제 78 조에 따라 위에서 말한 3일 의 병가는 의료 보수 기간에 포함됩니다.)
8. INCOME TAX(소득세):
Tax shall be deducted from the employee's salary by the employer at the rate of 3.3 percent as provided by Korean law. (세금 한국어 법에 의해 제공된대로 3.3 %의 비율로 사업주에 의해 원어민의 급여에서 공제합니다.)
9. KOREAN HEALTH INSURANCE AND NATIONAL PENSION (한국 건강 보험과 국민 연금)
Employee will be covered by medical benefits under the Korean Medical Insurance Union, a Government Health Organization. (원어민은 한국의 의료 보험 조합, 정부가 보건기구에 따라 의료 혜택이 보호됩니다.) Fifty percent of the cost of this coverage will be borne the whole by employer, and the other fifty percent by the employee. (위의 의료 보험은 50대 50으로 지급됩니다.)
In accordance with the Korean Law, all foreign workers employed by Korean businesses shall pay into the Korean National Pension plan at a rate stipulated by the Korean National Pension Law deducted from monthly earnings with the Institute's contribution. (한국 국민 연금 법률에 의해 규정에서 매월 수입에서 차감, 한국의 법에 따라 한국 기업에 의해 고용된 모든 외국인 노동자는 한국의 국민 연금으로 지불하여야합니다.)
Refund of the National Pension to a teacher who becomes a compulsorily insured Teacher, where the Pension Act of the Teacher's home country provides the benefit corresponding to the lump-sum refund of the National Pension Plan, the lump-sum refund of this plan shall be paid to the foreigner, according to Korean Law. (한국의 국민 연금 환불에 관해선 원어민들이 매달 의무적으로 내야하며 계약을 다 완료한 후에 모든 금액을 환급 받습니다.)
10. DUTY OF SECRECY(의무):
The employee shall not disclose any of the contents of this agreement, including salary, to a third party (including other employees of the school). (원어민 (키즈베네의 다른 직원 포함) 제삼자에게 급여를 포함하여이 계약의 내용 중 하나를, 공개하지 않습니다.)
11. ADDITIONAL DUTIES(그와 다른 의무):
(A) The employee is required to conduct him/herself in a professional manner and to wear neat attire while at the school. (원어민은 전문가로써 그에게 / 자신을 수행하는 동안 학교에서 깔끔한 복장을 착용해야합니다.) Examples of unacceptable attire include revealing clothing, such as short-skirts and tank tops. (예를 들어 불편해 보이는 짧은 치마나 탱크탑을 입지 않습니다.)
(B) The following forms of behavior will not be permitted. (다음과 같은 행동은 허용되지 않습니다.)
1) Not following scheduled class timetables and dismissing, canceling, or starting classes late without the prior approval of the institute director. (원에 허락 없이 수업시간에 늦거나, 취소하거나, 할 수 없습니다.)
2) Conducting class while under the influence of alcohol, while smoking, or under the influence of illegal drugs.( 수업을 하는 동안에는 알코올, 흡연, 어떠한 약물도 사용 할수 없습니다.)
3) Making sexual advances towards, or entering in to relationships with students or employees of the School. (원에서는 이들과 관련한 모든 성적인 모든 관계들을 이룰 수 없습니다.)
(C) The institute shall have the right to terminate this contract if the employee violates the contract or fails to conduct him/herself in a professional manner. (원어민은 계약을 위반하거나 전문가로써의 역할 다행하지 않을 경우 키즈베네에서는 이 계약을 파기할 수있는 권리를 가집니다.).At least 8 weeks termination notice will be given to the employee in such case. (위와 같은 상황이 발생했을 경우 원에서는 8주 정도 기간을 원어민에게 줍니다.) In this case, the institute has no duty to give the severance pay bonus and return airfare to the employee. (위와 같은 경우 원에서는 원어민에게 급여나 보너스, 항공티켓을 지급할 의무가 없습니다.)
(D) If the Employee wishes to voluntarily resign from employment before the completion of this contract the employee must provide written notice to the Employer at least 12 weeks before the resignation. (본 계약의 완성 전에 키즈베네에서 사임하고자하는 경우. 원어민은 자발적으로 사직서를 적어도 12주 전에 고용주에게 서면 통지를 제공해야합니다)
(E) For a dismissal or voluntary resignation within this Contract period, the amount of airfare and the recruiting processing fee will be deducted from the Employee’s last monthly salary. (해고 또는이 계약 기간 이내에 자발적으로 사임을 할 경우, 항공 요금과 리쿠르팅 요금은 원어민의 마지막 월급에서 공제됩니다.)
(F) If the employee successfully completes the contract, and resigns for another year, the employer shall give a raise of 100,000 won. (원어민이 1년 계약을 완성하고 또 다른 계약을 했을 경우 원래 급여 에서 100,000 원을 더 올려줍니다.)
(G) The employee cannot work for other schools or companies without the consent of the school. (원어민은 키즈베네의 허락 없이 다른 학원이나 다른 곳에서 일할 수 없습니다.)
12. Miscellaneous (그 외의 사항들):
(A) Kidsbene provides daily lunch at no cost. (키즈베네에선 원어민에게 점심을 제공합니다.)
(B) You may leave the school during working hours, but you may not leave for the 30 minute break unless it is to go to the bank, hospital, or urgent business. (원어민은 일하는 시간 내에는 원 밖으로 나갈 수 없으며 원 안에서 지내야 합니다. 하지만 은행이나 병원을 가야하는 경우는 허용됩니다.)
Class preparation is usually done by the Korean teachers; however, if you have no afternoon classes, you are expected to assist the Korean teachers in creating / preparing any work that needs to be done. (수업준비는 보통 한국선생님들이 준비하지만 원어민이 수업이 없을 경우 한국 선생님들을 도와 함께 수업 준비를 합니다.) You will also be required to update the Kidsbene homepage every day. (원어민은 하루에 5회 정도 키즈베네 홈 페이지에 들어가서 글을 남깁니다.)
(C) The employee will have to work a total of 4 late work days (Sports Day, Halloween Day, Performance Day, and another single event). There will be 4 school event days during the contract. You will be required to work without overtime pay. The events may occur any days and the events may last till late in night. (계약 기간 동안에 총 4번의 토요일 근무가 있습니다. (체육대회, 할로윈, 발표회, 그리고 다른 행사1개) 원어민은 행사기간 동안 추가급여가 지급되지 않으며, 행사기간은 일요일 다른 요일에 진행되며 오후늦게 끝날 수도 있습니다)
(D) For the entire period of the contract, the pay is non-negotiable and will not change. (원어민은 계약 기간 동안은 급여에 대한 인상이나 어떠한 변화가 없습니다.)
(E) You are required to greet parents and guests that arrive at Kidsbene positively. (원어민은 키즈베네를 방문하는 모든 부모님들에게 반갑게 인사하며 맞아줘야 합니다.)
(F) Every Friday, you are required to chaperone the weekly field trips and will be required to work 9:00 to 3:00. On Fridays when we have an activity inside of Kidsbene, which is once a month, the employee is required to start work from 9:00AM.. (매주 금요일은 베네 데이입니다. 아침 9:00 ~오후 3:00까지 입니다. 베네데이날에는 오전 9시부터 행사에 참여해야 합니다.) Especially this will require caring for the children. (For example, helping them use the bathroom, changing soiled clothing, keeping the students safe and general caring. These types of outings will demand MORE attention and caring of the students. (이날은 원어민들 또한 모든 키즈베네의 아이들을 돌봐야 합니다. 예를 들어 화장실을 도와주고, 옷을 갈아 입혀 주고, 아이들의 안전과 그 밖의 기본적은 것들을 도와줍니다. 이 날은 다른 날 보다 아이들의 케어에 신경을 써야 합니다.)
(G) There will be two all day excursions (AM9:00-PM7:00), one in fall and the other in spring. There will be no overtime pay. (키즈베네에서는 일년에 2번 봄과 가을에 아침 9시~저녁7시까지 소풍을 갑니다. 이때 추가급여는 지급되지 않습니다.) - You will be required to ride the bus, with the students and other teachers, to and from the event. (원어민은 이 시간에 필수적으로 버스를 아이들과 같이 타고 다닙니다.)
(H) Every Monday, from 1:00-1:30PM you are required to lead the "Song and Chant" time (along with a Korean Teacher). (매주 월요일 1시부터 1시반 까지 싱어롱 시간을 주관합니다. 원어민 또한 싱어롱 시간에 노래를 같이 부르며 율동을 따라 하며 참여 해야 합니다.) This requires you to entertain the children with singing and gestures to go along with the music. (이 시간은 원어민이 몸 동작과 함께 아이들과 즐겁게 진행을 합니다.) Often times, you will have to make these dances up on your own. (종종 원어민은 춤이나 손유희를 직접 만들기도 해야 합니다.)
(I). There is no personal time during the class hours and you will not be allowed to take care of any personal business, cell phone, or use the computer. (아이들을 가르치는 수업 시간엔 개인적인 업무, 핸드폰, 그리고 컴퓨터 사용을 금지합니다.) You should constantly be engaged with the children. (원어민은 키즈베네에서 있는 동안은 끈임 없이 아이들과 함께 하여야 합니다.)
13. Both parties have carefully read this contract; they have agreed to its terms in good faith; and they will attempt to resolve any disputes which may arise in accordance with the terms of the contract, and in a reasonable manner. (쌍방이 신중하게이 계약을 읽고, 그들은 선의로 조건에 동의하며, 그들이 계약의 조건에 따라 발생할 수있는 분쟁을 해결하려고 시도하며, 합리적인 방식으로 해결합니다.) All disputes which cannot be resolved by the parties to this contract will be resolved through the legal system of Korea in accordance with Korean law. (이 계약의 당사자에 의해 해결될 수없는 모든 분쟁은 한국 법에 따라 대한민국의 법률 시스템을 통해 해결될 것입니다.)
I duly agree on the contract stated above. (위의 모든 사항들은 동의합니다.)
||All times are GMT - 8 Hours
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum